Marijuana Processing and Growing

Oct 16, 2017

Updated Through October 29, 2018

IMPORTANT UPDATE:  March 13, 2018 — Washington Court of Appeals, Division 2, issues its Published Opinion in Emerald Enterprises v Clark County that affirms County’s authority to enact a zoning ordinance banning retail sale of marijuana in the unincorporated areas.  Read the Published Opinion and the Washington Attorney General Opinion #2 here:  Emerald Enterprises v Clark County     2014 – AGO #2 – re Local Marijuana Regulations

There have been three proposed Marijuana operations in the greater Maple Valley unincorporated area: 200th Ave SE – north of SR 18 and west of the City of Maple Valley; SE 186st St near Lake Francis (since withdrawn due to Home Owners’ Association rules); and 269th Ave SE in Hobart. Although each proposal is unique, each have drawn intense scrutiny from neighbors who have implored the Area Council to study the issues related to zoning, permitting, and operation. The Area Council has hosted several standing-room-only meetings with interested citizens and King County officials to better understand residents’ concerns and King County policies.

The Area Council has proposed changes to County Zoning Code to disallow such operations in the Rural Area, as it is ill-equipped to handle Public safety concerns (both Police and Fire), Traffic-related issues (both frequency and size of loading and delivery trucks), and attendant noise (see Marijuana Business Zoning).

On July 25, 2016 the King County Council voted to: (1) Remove all parcels under 10 acres and designated as Rural Area (RA) zones from use in the production (growth), processing, and retail sale of marijuana; (2) Approve studies on potential retail and processing in specific locations; and (3) Require the County Executive to identify 10 locations suitable for retail in Neighborhood Business (NB) zoned areas across unincorporated King County.

Updates

Cramer/Maple Valley Industries LLC applied to King County in 2014 for a Commercial Site Development Permit to develop a formerly zoned Industrial site on 200th Ave SE (Parcel # 2022069011) for the planned use as a marijuana processing facility – CMST14-0001. Site Details and Proposed Layout    CMST140001 revised SEPA-ECL .  On April 21, 2017, KC DPER issued decisions approving the CSD Permit and a SEPA MDNS.  CMST14-0001 NOD & CSDP SEPA TYPE 1    CMST14-0001 PERMIT CONDITIONS    CMST14-0001 SEPA MDNS .  Neighbors appealed these decisions to the King County Superior Court under the Land Use Petition Act and State Environmental Policy Act — Case No. 17-2-12165-7 KNT.  On November 8, 2017, the Superior Court issued an Interim Order on LUPA and SEPA Appeal.  KCSC_Interim Order On LUPA And SEPA Appeal .  On November 28, 2017, the Superior Court issued its Final Order Denying LUPA and SEPA Appeal.  KCSC_Final Order Denying LUPA And SEPA Appeal .  No further appeals were apparently taken, thus making the Superior Court’s decisions final in this matter.  However, King County has rezoned this site from Industrial to RA-5 thus rendering any commercial/industrial use of this property nonconforming.

View the “Cloudbud” report here.  The entire Hearing Examiner file regarding the appeal of this matter can be found at
http://www.kingcounty.gov/independent/hearing-examiner/cloud%20bud%20CDUP160002.aspx