Your Input Needed: Shaping the Future of Clearview
Hello –
Below is a timeline of developments regarding the zoning of marijuana retail (MR) in the Clearview Rural Commercial (CRC) zone (depicted in red in the photo below). This summary preserves the original quoted language where specified. Please read through the information and share your thoughts about the future of Clearview.
2012–2013: Marijuana Legalization and Initial Regulations
After Washington legalized marijuana in 2012, the state, counties, and municipalities had to pass regulations regarding land use for marijuana producers, processors, and retailers.
Late 2013, Snohomish County passed Amended Ordinance No. 13-086. This ordinance addressed the land use and zoning regulations specific to marijuana. The ordinance made Marijuana Retail a “Permitted” land use in the CRC. As a part of this ordinance, the council reaffirmed the proposal was consistent with the goals and objectives of the County Growth Management Act (GMA) Comprehensive Plan. Some of those reaffirmed policies were:
- Objective LU 6.E – “Within rural residential areas, recognize existing businesses that are an integral part of the rural character and provide for small-scale, commercial development that support the immediate rural population with necessary goods and services.”
- Policy LU 6.E.1 – “Within the rural residential designations of the Future Land Use Map, limited commercial uses shall be permitted within a Rural Business zone that provide opportunities for retail sales and services to the surrounding population.”
- Policy LU 6.H.1 – “Recognize the existing commercial and residential settlement pattern in the area of southeast Snohomish County along State Route 9 between 184th and 172nd Streets SE and at 164th Street SE as limited areas of more intense rural development (LAMIRD) that provide retail goods and services to the immediate population and a larger surrounding service area and allow limited infill adjacent to existing commercial development.”
2014: Dispensary Boom and Community Response
In 2014 the Clearview area had become known as “The Green Mile”, as there were at one point 8 operating dispensaries between Maltby and Cathcart. Many of these dispensaries were operating in zones such as the CRC prior to the adoption of specific zoning regulations for marijuana related industries.
Around this time, the residents of Clearview came together as many were experiencing negative effects to their quality of life. There was an increase in property crime, police activity, and several police pursuits left the road and went through private property owned by local residents.
The Clearview Community Association was founded at this time, and the residents of Clearview came together to debate the issue and the future of their community. Hundreds of residents participated in a hotly contested debate, with many meetings and thousands of hours of volunteer time invested.
2014–2017: Zoning Revisions and Subsequent Ordinances
Ultimately, the Snohomish County Council passed revisions to the code that removed Marijuana Retail (MR) as a “Permitted” land use in the CRC. This was after much community involvement and pressure.
As the years passed, existing locations that were not legally established were forced to close. One location, The Kushery, had been legally established and therefore their operation was grandfathered in as non-conforming when the code revision was made that removed MR as a “Permitted” use.
In 2017, the Council passed Ordinance 17-006. This ordinance addressed clustering of marijuana retailers in unincorporated County areas near municipalities such as Everett, Lynnwood, and Mill Creek, as those cities had their own more restrictive regulations around such land uses. In this ordinance, they address those clustering issues, and the reasons why marijuana retailers would be essentially forced by to cluster in these unincorporated areas, as the web of land use regulations squeezed the available retail space to them.
This ordinance made MR a “Conditional” use in other Rural Business areas, but left the CRC out, meaning that MR was still prohibited in the CRC as neither a “Permitted” nor a “Conditional” use.
2022–2023: Planning Commission Review and Zoning Change
In 2022, the Planning Commission held hearings and adopted the position that the code should be modified to allow for MR to be a “Permitted” use again in all those areas that it was originally “Permitted” in under Ordinance No. 13-086 (original land use ordinance passed in 2013).
Remember, MR was a “Permitted” use under that ordinance in the CRC.
Along with making MR a “Permitted” use again in the CRC, the planning commission recommended increasing the required distance between MR shops in rural areas from 2,500 feet to 10,000 feet.
After nearly a 2-year period where this zoning change to the CRC was being discussed at every level of county government, Ordinance 23-009 was passed in August of 2023, making MR a “Permitted” use again in the CRC, while establishing a 10,000-foot required distance between MR shops.
Community Involvement and Coordination Issues
During this 2-year period, the Clearview Community Association (CCA) held 2 town halls and 6 meetings where the focus of the meeting and town hall was on the upcoming comprehensive plan update, and the very hotly discussed topic was zoning changes in the Clearview area and the expansion of the South West Urban Growth Area (SWUGA).
Not once was it mentioned to the CCA that there was a 2-year process going on where zoning was being changed in the CRC during this period that we were very involved in voicing concerns about zoning changes in Clearview.
2024: Recent Developments and Code Violation Concern
In 2024, The Kushery purchased a new building at the corner of HWY 9 and 164th, the old Crane Financial building. As MR was now a “Permitted” use in the CRC, they were able to get a permit to move and operate legally.
After vacating the old Woodinville Saws and Mowers building, another MR operator signed a 5-year lease on their old space. This space is only 5280 feet from The Kushery, and there is a 10,000 foot separation rule in the code.
This 2nd MR operator will be in violation of the code if they open, as they will be within 10,000 of a legally operating Marijuana Retailer. The concern we have is not over whether another marijuana retailer opens in Clearview, but rather that if a retailer is allowed to openly flaunt established code, it will encourage other code violators to come to our community.
Clearview does not want to become another HWY 99.
Call to Action
We want your help. We want to understand what you want Clearview to look like. The code changes to MR in the CRC were passed without any community involvement in 2022 and 2023, and if we do not pay attention and stay informed and involved other changes will occur in our community that we may not want.
You can help direct the future of Clearview. Let us know what you think!
Are you OK with another Marijuana Retailer operating in Clearview? If so, we may need to push to modify the existing code that established the 10,000 foot separation with something the community is more comfortable with.
Are you in favor of keeping the existing code in place, only allowing 1 operator in Clearview? If so, we need to push to enforce the existing code.
The worst thing we can do is be indifferent. If you’re OK with the additional Marijuana retailer and we just don’t do anything, the county may not feel pressure to enforce the code, and then we are in a situation where a business is blatantly and openly flaunting the law, and when that happens it encourages others to do so as well. Let one in, and others will come.
Please let us know what you think. We want to hear from you, and we want to understand what you want Clearview to look like as we grow. Leave a Reply below.
Your voice is essential to shaping our community’s future. We look forward to hearing from you.