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Home My WebLink About*Other - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:BOCC REQUEST SUBMITTED BY: STONE CONTACT PERSON ATTENDING ROUNDTABLE: DSTONE CONFIDENTIAL INFORMATION: DYES ® NO DATE: 8/1/2024 PHONE:509-754-2011 If necessary, was this document reviewed by accounting? ❑F YES El NO Fm-1 N /A If necessary, was this document reviewed by legal? El YES F NO 0 N/A r Fj DATE OF ACTION: 7t, II I DEFERRED OR CONTINUED TO: - APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 WITHDRAWN: GRANT COUNTY OFFICE OF THE BOARD OF COUNTY COMMISSIONERS P O Box 37 EPHRATA WA 98823 (509) 754-201 1 August 6, 2024 Cary Robert Falk WA Tier 3 PP LLC 1874 N. Batum Rd. Ste 700 Odessa, WA 99159 Regarding: License # 426730 — UBI 604-965-214-001-0004 & License #4 — _ 001-0003 27537 UBI 604 965-214- Applicant Cary Robert Falk, The Grant County Board of County Commissioners (BOCC) recently received two "Notice of Marijuana License Application[s]" from the Washington State Liquor and Cannabis Board oard (WSLCB) for "change[s] of location" of your WA Tier 3 PP, LLC from Odessa to 5735 Road L SE Moses Lake, WA Wh1c11 is zoned irrigated Agricultural (AG). By unanimous vote, the BOCC stated its applications due to the c disapproval of these ap p current moratorium on all cannabis producer -processors that was implemented applications far ref p nted on July 25, 2023, which includes a pp relocations to Grant County. On June 26, 2024, based on Grant County s current moratorium ordinance, we formallyrequested the q WSLCB to deny your licensing request for relocation to the 5735 Road L SE STE C address. On Jul 11 2024 the WSLCB indicatingthat the did not y � � we received a letter from y approve our request to deny licensing for relocation to that address based on WAC 314-55-050 and RCW 69.50.331 (10). Please be advised that receiving a license from the WSLCB does not supersede' local zoning laws or ordinances and the current moratorium prohibits your business from relocating specifically 5735 Road L SE S to Grant County, y to B & C. If you take occupancy and begin operation, You will be in violation of Ordinance 23-067-CC (attached)enforcement action can and formal e commence. Sincerely, BOARD OF COUNTY COMMISSIONERS Cindy Carter, Chair :des Danny E. Stone, Vice -Chair Cc: Kevin McCrae, Prosecuting Attorney Grant County Sheriff, Joe Kriete Danny E. Stone Disti7ct I Rob Jones District 2 Rob Jones, Member Cindy Carter District 3 "To MEET CURRENT AND FUTURE NEEDS? SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES9 WHILE A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT." FOSTERING oxnnvalvcE d 3 -- v (�:, � _ e C� AN AMENDED INTERIM ORDINANCE ADOPTING A SIX-MONTH MORATORIUM ON THE ESTABLISHMENT RE -LO CATION., CATION, OR LICENSURE OF FACILITIES, PROPERTIES OR BUSINESSES INVOLVING THE PRODUCTION AND PROCESSING OF RECREATIONAL MARIJUANA OR MARIJUANA INFUS ED PRODUCTS AND DIRECTING THE SCHEDULING OF A PUBLIC HEARING WHEREAS, Washington voters passed Initiative 502 at the Nov ember er 2012 General Election; WHEREAS, said Initiative in part authorized effective December 6, 2012 adults twenty- one years of age or above to legally possess, under State of Washington • •law, up to one ounce of marijuana, or sixteen ounces of marijuana -infused product, or seventy-two infused product p � my -two ounces of marlJuana- p duct In liquid form; WHEREAS, I-502 provides for the State licensure of 'uana b December producers, processors, and retailers of marijuana Y r 1, 2013 in accordance with the Washington State Liquor Control (WSLCB) promulgation of rules for such; WHEREAS, following the adoption of final rules and the -issuance' of recreational marijuana licenses, the Washington State courts and Washington gt Attorney General declared that I-502 left in place the normal powers of local government to regulate gu ate businesses within their jurisdiction, including the production, processing,and retail sal • • e of recreational marijuana; WHEREAS, County residents have expressed concern about the real and potential effects of marijuana facilities on neighboring properties and neighborhoods; WHEREAS, the y wilding Department of Ecology and Grant Count B • and Planning have expressed concern regarding illegal usage of U.S. Bureau ofReclam Re clamation waters, and the unmonitored and over usage of well water sited in agricultural cultural areas s of Grant County in the growing and production of marijuana; WHEREAS, RCW 36.70A.390 and RCW 3 6.70.795 authorize the County Commissioners to adopt a moratorium, interim zoningordinance, ce, or interim official control, without notice and public hearing, provided that the Coun hot iy ds a public hearing within 60 days after the adoption of the moratorium, interim zoning ordinance, or interim official control and adopts findings of fact justifying the action immediatelya • after such public hearing; WHEREAS, a six-month moratorium is necessary to reserve p the status quo and provide the County Commissioners time to consult with relevant Count departments ' Grant Count code Y p ments and modify the y to address such enumerated concerns; WHEREAS, said moratorium is in the best interests of Grant Coun ty and is necessary to preserve the public health, safety, and welfare of the citizens; WHEREAS an interim ordinance adopted under RCW 36.70A.390 and RCW 36.70.795 may effective for no longer than six (6) months, but may be effective work Y ve for up to one year if a plan is developed for related studies providing for such a longer . g g period, and maybe renewed for one or more six-month periods if a subsequent public he ' . q p hearing is held and findings of fact are made prior to each renewal; WHEREAS a moratorium is a recognized technique to avoid a rush h for permits whenever a community decides to change its planning ordinances; p g NOW THEREFORE, the Board of Grant Count Commissioners or • Y dams as follows. Section 1: Moratorium Imposed. Pursuant to the laws of the State of Washington, a moratorium is hereby imposed prohibiting within all areas of unincorporated Grant Countythe establishment, re -location, or Iicensure, of facilities, properties, or businesses involvingthe e production or processing of recreational marijuana and marijuana infused products. • While said moratorium is in effect no buildingpermit, occupancy ' p � p cy permit, other development permit or approval, or business license shall be issued for any of the purposes or activities set forth above. Should an ' ' y permits or licenses be issued in error for the above purposes or activities, such shall be null and void. Section 2: Duration. The moratorium imposed b this ordinance ' p Y nce shall continue in effect for six consecutive months from its effective date unless s repealed or d by the Board of Grant County Commissioners in accorda nce with applicable law. Section 3: Public Hearing. Pursuant to RCW 36.70A.390 the Board of Grant County Commissioners shall hold a public hearingon this moratorium atorium within sixty days of the adoption of this moratorium issuance of findings of fact to immediately follow, to be held: Date: 08/08/2023 Time: 3:20 p.m. Location: Grant County Commissioners Hearin Room #101 Courthouse, ourthouse, E phrata, WA Section 4: Vesting. This ordinance does not apply 1 to any uses legally established, permits issued, or complete applications submitted before the eff ective date of this ordinance. 2 Section 5: Severability. If any section, sentence portion of ' � or p his ordinance or Its application to any person or circumstance should be held to be in valid or unconstitutional for any reason by a court of competentjurisdiction.,invalidit p such y or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6: Effective Date. This ordinance shall become effective on the date of its adoption set forth below. Section 7: Find*n s of Fact. The Board of ColInty Commission ers, having had the benefit of the ublic hearing as re Wired b RCW 36.70A.39 y 0 held as indicated in Section 3 above ado t the above "WHEREAS" recit als as findings of fact in sW ort of its action as re wired b RCW 36 . .70A.3 90. APPROVED AND ADOPTED this 1- day of July, 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON V i lilil?� /J. - Rob Jones, Chair 1��wM�wr�w� vY+y ^I r I P Cindy Carter Mem er Danny E. one, Member ATTEST: Bar ara J. Vasqu Clerk of the Boar Deputy Prosecuting Attorney Grant County Prosecutor's Office WSBA # 53946