The Salem Woods Elementary School Gym was packed as approximately 65 Monroe-area residents gathered to discuss the proposed commercial marijuana production and processing facility located near 132nd Street S.E. and 227th Avenue S.E. in the Wagner Lake area.
The meeting, which took place Monday, Oct. 6, was coordinated by the Concerned Citizens of Wagner Lake Community (CCWLC); a recently-formed group of residents who oppose the idea of a commercial marijuana grow operation being established within the area's rural residential (R-5) zoning.
Washington State District 39 legislators were present including Senator Kirk Pearson, Rep. Dan Kristiansen and Rep. Elizabeth Scott.
Senator Pearson helped facilitate the meeting, which was also attended by Snohomish County Planning and Development Services Director Clay White and Washington State Liquor Control Board Chief Rules Coordinator Karen McCall.
The CCWLC group does not oppose the legalization of marijuana. They oppose the idea of a commercial grow operation in a family-oriented, residential area, believing it would be better suited to either an agricultural or industrial zoned region. Among the group's concerns, environmental matters reign high.
"We believe that this marijuana production and processing business is going to have a negative impact on where we live. We're talking about potential increase in crime, potential increase in traffic and noise, a decrease in our property values and environmental impacts,GÇ¥ said CCWLC chairperson Joe Fina. "It turns out that they can use all kinds of pesticides, fungicides, fertilizers, cleaners, solvents, greasers; the list goes on and on.GÇ¥
CCWLC expressed concerns about pollution of Wagner Lake and its watershed, as well as Woods Creek, which runs east of the lake and joins the Skykomish River in Monroe.
The marijuana facility is proposed for a 10-acre parcel of property located on 227th Avenue S.E., directly southeast of Wagner Lake. Red Frog, the company that has applied to both the Washington State Liquor Control Board and Snohomish County for producing and processing licensure at that location, purchased the property in February of this year. Thus far, they have made improvements on the existing home, constructed three greenhouses and a wood fence.
Both the state and the county licenses are still pending.
Wagner Lake is located near Salem Woods Elementary School, roughly three miles northeast of Monroe city limits. The approximately 20-acre lake, which is listed on the Snohomish County webpage under Parks and Facilities, features a public entrance which includes a restroom and a boat launch. The lake is utilized for all means of recreation including swimming, canoeing, boating, and fishing.
Largemouth bass are caught in Wagner Lake, and the Washington State Department of Fish and Wildlife stocks it with rainbow trout each spring. A Discover Pass is required for people who wish to visit the lake.
According to the Washington State Liquor Control Board, "You cannot set up a store within 1,000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors to enter.GÇ¥
While the Red Frog facility is outside that parameter in the case of Salem Woods Elementary School, CCWLC members maintain that the grow facility's property line is located just 821 feet from Wagner Lake itself, which meets the criteria of a public park.
This is a fact that they feel should have nullified the marijuana license application from the start.
"The lake has been enjoyed by the public for generations for fishing and swimming,GÇ¥ said CCWLC chairperson Dan Howard. "The local boy scout troop regularly practices canoeing and kayaking, and maintains at least eight boats year-round on the beach at the east end of the lake, which is closest to the proposed marijuana operation.GÇ¥
Regarding the issue of the facility being within 1000 feet of Wagner Lake, there is some cloudiness as to whether or not the liquor board physically visited the location during the application process. Rules Coordinator Karen McCall explained that someone from the liquor board should have measured the site when the application was being investigated.
"There will be someone that comes out and re-measures that,GÇ¥ said McCall. "Right now this is a controversial application. We've received protests on it, so it takes a different path than one that is not getting any objections or protest.GÇ¥
The CCWLC has not yet witnessed documentation verifying the board's first measurement. The group received evidence that the investigator searched via an online mapping tool, but since Wagner Lake is not identified as a park in some mapping applications, its proximity to the site may have gone unrecognized.
The Wagner Lake community is infused with moderate-sized homes with long-term homeowners who enjoy the serene rural setting and the quiet country-home aesthetic. Properties located east of 227th enjoy expansive views of the valley below.
Howard explained that, despite the R-5 zoning, many residences in the area are settled on smaller lots ranging from 1/2 to 2-1/2 acres, and that the area immediately adjacent to the proposed marijuana facility has been slated for future growth and designated a Rural Urban Transition Area (RUTA) by Snohomish County. A commercial grow operation of Red Frog's magnitude, the group feels, is inappropriate for the residentially-prominent community.
In relation to protested applications, McCall explained that the board has to look at the population of the jurisdiction as a whole, which in this case, is unincorporated Snohomish County. An application needs to be protested by 50 percent of the population for them to consider denial.
Snohomish County has a population of roughly 745,000.
Citizens expressed frustration to McCall, who faced contention over several aspects of the board's policy and some of the particulars of I-502. The fact that applicants need only have been Washington state residents for 90 days prior to filing was disturbing to some.
"From the day after it passed, I've had phone calls from people yelling at me because of things that are in the initiative,GÇ¥ said McCall. "That's why I've always told people, "You need to read it. Now that you voted for it, you need to read what you voted for.'GÇ¥
The liquor board grants licenses by location, similar to how it's done for liquor. Should an individual be granted a license by the state, but denied a license by the jurisdiction in which they hope to operate, they would then need to make a decision. They could either give up their plans to open the facility, sue the jurisdiction, or apply for a change of location through the state.
In addition to the environmental concerns, CCWLC members, along with other members of the community, are vastly concerned over traffic impacts, the odiferous quality of the marijuana plants, and the increased risk of crime.
"Growers are required to provide perimeter security fencing, video surveillance and alarm systems,GÇ¥ said Howard. "If there wasn't the anticipation of crime, why would this be necessary?GÇ¥
CCWLC chairperson Jeanne Pascal, a retired EPA attorney, shared her concerns. Pascal has lived in the Wagner Lake community for over 16 years and does not feel that a significant commercial grow operation is compatible with the area. She stated that, because the proposed site has no access to public sewer; waste disposal is of tremendous concern. Even if Red Frog chooses to manually transport their waste off-site via truck, there is room for error.
"They will spill their product onto the ground, and over time, it will wind up in our aquifer, our lakes and our streams,GÇ¥ said Pascal. She further explained that the chemicals authorized by the state for use in marijuana operations have the potential to be characterized as dangerous waste.
"Even if such wastes are trucked out, this will hugely increase traffic, noise, road damage; and industrial operations spill and drop waste onto the ground,GÇ¥ said Pascal. "Therefore, again, I state, regardless; over time, it will likely wind up as a contamination problem.GÇ¥
Up until recently, marijuana production and processing would have been disallowed in R-5 zoning but in November of last year, the Snohomish County Council revised the code in an effort to support Initiative-502. Revised ordinance 13-086 permits production and processing in Agricultural 10, Rural Industrial and R-5 zones.
Due to complications over the change and recent public outcry, the county has instilled a moratorium which will prohibit new marijuana facilities from opening in R-5 zoning for six months.
McCall explained that the county's current moratorium would not preclude state licensure; the state's licensing process is completely separate from the county's licensing process.
"Even if there is a ban or a moratorium in Snohomish County for marijuana licenses, that will not stop the board from issuing a state marijuana license, if everything meets all the requirements for the state,GÇ¥ said McCall. "What happens in that case is they can't operate, because they can't get their license from the local jurisdiction.GÇ¥
McCall explained that, at that point, the licensees have to sue the local jurisdiction.
A public meeting regarding the moratorium will be held on Oct. 29. Director Clay White advised meeting attendees on how to make the best use of their time when providing input to the county. The hearing on the 29th, White explained, is not the correct forum to protest the concept of marijuana processing in R-5 zoning; it would strictly be to advocate either for or against continuing the moratorium.
White explained that the process surrounding the code will be comprehensive and will involve two pathways; each of which will provide opportunity for public comment. Review by the Snohomish County Planning Commission, an 11-member volunteer advisory board, will occur first.
The planning commission will hold a public hearing in December to garner input on the types of alternatives that citizens would like to see presented to the council. Alternatives could include continuing to allow marijuana processing facilities in R-5 zones; making licensure permissible only under a conditional use permit; disallowing marijuana production and processing in R-5 zones; or any number of other potential courses of action.
Council will proceed with a public hearing to hear additional public testimony and will review the recommendations made by the planning commission sometime after the beginning of the year.
Rep. Kristiansen gave the group accolades for their efforts in reaching out to their local government officials.
"We want to thank you so much for bringing this to our attention,GÇ¥ said Kristiansen. "In politics in general GÇô whether it be at the state level where we serve, back in Washington, D.C., and also at the local level GÇô please remember this: Silence is agreement.GÇ¥
"Don't be silent.GÇ¥
For more information about the CCWLC, please email: wagnerlakecommunity@gmail.com.
Comments
Use the comment form below to begin a discussion about this content.
Sign in to comment