I-502 Rural residential producers correlate with rising property values; question “emergency” nature of moratorium

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by Dominic Corva, Executive Director

Our strategic partner, Washington Bud Company’s Shawn Denae, is leading the struggle to reverse Snohomish County’s emergency moratorium, and has been gathering evidence to demonstrate the positive economic impact of rural residential I-502 license applicants in the County.

She writes, “I searched for property values trends in Sno Co in R5 heavy zip codes.  Results prove that values have increased double digits since the passing of R5 zones for MJ farming:  Read More: 


 

Religion and 502 moratoria: Are particular denominations a problem?

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I-502 rural property values rise; why does Snohomish County consider their marijuana moratorium an “emergency”?

by Dominic Corva, Executive Director, the Center for Cannabis and Social Policy
Our strategic partner, Washington Bud Company’s Shawn Denae, is leading the struggle to reverse Snohomish County’s emergency moratorium, and has been gathering evidence to demonstrate the positive economic impact of rural residential I-502 license applicants in the County.  She writes:“I searched for property values trends in Sno Co in R5 heavy zip codes.  Results prove that values have increased double digits since the passing of R5 zones for MJ farming:
Zip Code / Area Oct. ’13 – ’14 Ave/ Square Ft. Oct. ’13 – ’14 Median Sales Price
98223 / Arlington +15.1% +5.9%
98252 / Granite Falls +12.7% +32.5%
98290 / Snohomish +10.1% +5.5%
98294 / Sultan +18.1% +2.7%
98251 / Gold Bar +5.2% +23.3%
98272 / Monroe +6.4% +18.5%
6 Area Average Increase +11.26% +14.73%
DRAW YOUR OWN CONCLUSIONS!

 

While in desirable N. King County they rose only 3%”

The conclusion I draw is that I-502 cottage industry producers (mostly Tier 1 and Tier 2) found property in Snohomish County because it was perceived to be friendly to I-502 permitting.  But friendliness to I-502 did not translate into friendliness towards cottage industry production.

The cottage industry is organizing to present evidence that there is no emergency to justify the County’s emergency moratorium.  Tomorrow morning at 9 am is the public hearing at 3000 Rockefeller Avenue, 7th Ave, Everett WA.

In addition to the economic development argument above, Shawn shared with CASP the following arguments against the moratorium by highlighting the reality of the Snohomish County I-502 situation against its characterization as an emergency, authored by Shawn Denae Eddy-Wagenseller.  We at CASP are happy to amplify voices of reality-based organizing around I-502 implementation.

ISSUES:  Based upon emotionally charged testimony from a small band of NIMBY’s (Not In My Back Yard) folks flying the flag of N.O.P.E. (No Operational Pot Enterprises) complaining about 2 Tier 3 proposed operations, Council declared emergency action*:

  • Emergency Ordinance 14-086 : Council passed Oct. 1st with unanimous vote.  This ordinance puts a 6 month halt on acceptance by the Planning Dept. of any new building, remodeling or fence permit applications for all I502 business in R5 and CRC zones. (Emergency Ordinance 14-087 passed on 9/29/14 does the same for medical marijuana business).

* It is important to note that it is the right of Council to ‘Take Immediate Action’ when they deem there is an ‘emergency’ and their decisions are effective immediately, which is why the planning department is no longer taking new applications nor completing preliminary applications on R-5 or CRC parcels. Only the Council can reverse their previous action or the County Executive can veto this  implementation. The real issue is this recent action has proven that Council is willing to use the ‘emergency’ ruling (despite the evidence of no actual emergency) which means they could rule spontaneously on anything related to marijuana using this method (A complete county-wide ban? Cease and desist on all operations? Who knows how far they are willing to take this).

HEARING DATE IS OCTOBER 29th, 2014 – 9:00am – Council begins the meeting and will most likely discuss these ordinances –
Public Hearing begins at 10:30amIf you wish to speak show up before 9am to get your name on the list – prepare a 2 minute testimony (as they will most likely cut them short of the normal 3 minutes).
Please show up even if you do not wish to speak – Wear something GREEN for pro-cannabis business solidarity!
Expect to see a room full of NOPE’s with signs against MJ development – bring your own sign if you wish.  Keep all actions while listening to hearing quiet and respectful.
The meetings are held at 3000 Rockefeller Ave., Everett – 7th floor

  • Motion 14-318: Council passed on September 17th (attached) – This motion defers to PDS to rewrite the Ordinance 13-086 http://www.mrsc.org/ords/s61o13-086.pdf that was passed Nov. 2013 with these substantive changes:

R5 would change from Permitted Use to CONDITIONAL USE permit for producer/processor.  This would trigger hearings to address ‘compatibility’ for each applicant’s property (extremely subjective) and open the door to the appeal process; which will effectively stop development for an indefinite period. (We know the PDS and Council has already been threatened by J. Brent McKinley, an extremely wealthy developer, car and gun collector, to ‘appeal all the way to the Superior Court if R5’s are permitted ’.)

NOTE:  Even if you are deemed ‘vested’ with your building permit application submitted prior to 10/01/14, if you ever want to alter or add to your operation, you would not only have to go through this lengthy ordeal of permitting but your existing MJ operation would then be subjected to the Conditional Use requirements.  This process requires a Public Hearing and the ability for anyone to appeal the decision, which means anti-pot folks can continuously appeal and tie up your business from moving forward indefinitely.

o   All cannabis business would be restricted within 1000 feet of all airports and airparks (for ultra-light planes).
NOTE:  This affects all the permitted use commercial and industrial zones that surround most airports.  Nobody we know has a clear reason why this is a ‘compatibility concern’, if you do, please share. 

Medical Marijuana business would be forced to locate 1 mile apart.

Note: This prevents clustering of MJ business within business parks that are already being specifically designed to accommodate this industry.

Medical Marijuana business would be forced to locate 1 mile apart and medical grows (collective gardens) would be restricted to 1 – 45 plant grow per parcel.

Note:  How could this be enforced?  Who is deemed okay to stay and who would have to move? How could they possibly know where these medical collective gardens are since there is no registration?

Planning Commissioners meets to specifically discuss this Motion on November 18th5:30pm – 2nd floor – 3000 Rockefeller Ave.
There is also their regular 4th Tues. meeting 10/28/14 but the agenda, at this time, does not state any MJ topics will be discussed, although ZONING is on the agenda. http://snohomishcountywa.gov/164/Planning-Commission   It is logical the issue will come up.

  • Discussions of SUNSETTING R5 zoned MJ P/P: Ordinance 13-086 (passed 11/13) sunsets MMJ business on 12/31/15.  During the 10/01/14 council discussions, this type of sunsetting  of R5 zoned I502 business was brought up.  WE MUST PREVENT THIS discussion going any further for healthy, long term business development!

ACTIONS:  The proactive cannabis business community has some ideas and talking points.  Your participation is vital to a favorable outcome. Think in terms of SOLUTIONS!

  1. Meet with your Council representative prior to 10/29 (find here:http://snohomishcountywa.gov/906/Council-District-Maps)
    Call 425-388-3493 to be directed to their aid for appointment.
  2. Write your Council representative prior to 10/29 – tell your story of investment and objectives, address compatibility of your property – Show pictures!
  3. Prepare your fact based testimony for hearings –  http://snohomishcountywa.gov/626/Public-Hearing-Procedures – Bring pictures!
  4. Show up for the hearings even if you do not wish to give testimony – WEARING SOMETHING GREEN so they know you are on the PRO MJ side!
  5. Bring a friend – any testimony from a Sno Co resident that is OK with MJ operations on R5 is worth 10 of ours!
  6. Speak with Commissioners – these folks are volunteers, appointed by Council and they do sway opinions.  (find here: http://snohomishcountywa.gov/164/Planning-Commission )
  7. We are putting together a tour next week of operational Sno Co Producer/Processor facilities so Council and Commissioners can witness how they REALLY look.  If you have a facility that you are willing to show off, please let us know.
  8. VOTE IN NOVEMBER for progressive candidates – NO MATTER THE PARTY – We are filtering through them to find out who is pro-canna business and will share soon, your help is appreciated in this effort.

TALKING POINTS:

  1. If you are against the establishment of legal marijuana business you are in default FOR illegal marijuana – no oversight, no taxes, no ID checks, no boundaries, no quality control, etc.
  2. Marijuana is ALREADY growing all over Sno Co – speak to ‘compatibility’ of your area.
  3. We are following the law, the rules and regulations as responsible small business owners.
  4. MJ business owners have invested $100’s of thousands in Sno Co based upon Council’s 2013 zoning ordinance; personally you have invested $_______
  5. 54.6% of Sno Co votes were FOR I-502, Council’s job is to follow the will of voters and make this work.
  6. LCB rules for Tier 1,2,3 were designed for the small business person to be involved in this industry.  Halting  R5 development is taking out the small business person’s chance of success.
  7. Council is creating emergency ordnances based on a small minority of scared folks that do not have the correct facts.
  8. We are business people with families and investments in Sno Co, not threatening ‘cartels’ nor huge unfeeling corporations.
  9. We will enhance Sno Co economic development with jobs and thousands of dollars spent in local purchases and this action undermines this BtoB commerce.
  10. Fill in the blank!  There are so many – read 13-086 and use their words to remind them of the original goals.

SOLUTIONS:

  1. Rescind the ordinances since there IS NO EMERGENCY!
  2. Pull T1 & T2 from the Emergency Ordinance 14-086 since they and R5 are specific for small business; leaving T3 to Conditional Use on R5 since they are significantly larger  & the Tier that triggered these actions.
  3. Establish a Cannabis Task Force with representatives from applicants, PDS, Commission and Agriculture so FACTS are the basis for decisions moving forward.
  4. Create a new Zone for R5 properties that have been developed into suburban type housing clusters – RR (Rural Residential) has been suggested.  Is there already a R1? This may be moot.
  5. Create Separate Processing Zones – Type 1 for just flower and ice hash processing in association with a Tier 1 or 2 Production / Type2  for concentrates and commercial kitchen with Tier 3 Production.
  6. Fill in the blank – what is a solution for you?

Thank you for your involvement, who you are matters.

Shawn DeNae Wagenseller

206-362-0203 Office

206-919-6755 Shawn Cell