Loading...
HomeMy WebLinkAbout2911 RESOLUTION NO. ~l~' __ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting findings of fact and continuing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City. WHEREAS, BMC 21.02.150 entitled "Unlisted Uses" provides that ifa use is not specifically allowed as an allowable use in Figures 120 and 140 of the zoning code, Chapter 21.02, (hereinafter, "Unlisted Use") and the Unlisted Use is similar to a listed use, the Director of the Department of Community Development may make a written finding as to what zone and which approval process the Unlisted Use may be permitted; and WHEREAS, this provision does not provide adequate criteria for reviewing and considering applications for Unlisted Uses especially with respect to group home facilities which is the subject of a moratorium enacted concurrently with this moratorium; and WHEREAS, on September 24, 2003, the City Council adopted Resolution No. 2907 imposing a moratorium barfing acceptance for any building, land use, or development permit of approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the City Council on the issue of Unlisted Uses; and WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and WHEREAS, a public hearing was held on October 22, 2003, before the Bremerton City Council; and WHEREAS, the City Council has considered comments, materials and public testimony presented and finds it is in the best interest of the City of Bremerton to continue the moratorium for the protection of the health, safety, and general welfare of the community; and WHEREAS, the City Council has also considered the applicability of a moratorium to all applications which constitute Unlisted Uses and believes the application to such to be too broad therefore it is appropriate to restrict the moratorium to residential uses in conjunction with the moratorium on group home facilities, which is the subject of a moratorium 1 Unlisted Uses Moratorium Continuation enacted concurrently with this moratorium, and to exclude all other applications of Unlisted Uses from the moratorium; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. Recitals and Finding of Fact lncorporated. Therecitalsand findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION2. Findings of Fact. The City Council hereby adopts the following findings of fact: 1. The City is currently reviewing its policies with regard to the zoning and placement of Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City of Bremerton; and 2. The City is facing the potential of applications for development of Unlisted Uses within the City and the City does not have adequate provisions for the review and consideration of the same; and 3. In order to properly adopt the policies, plans and an ordinance to deal with these facilities the City must have a period of time within which to research its options and prepare an ordinance without the influx of new applications; and 4. The citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics these facilities impose upon neighboring properties and the community as a whole; and 5. The City needs time to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what necessary code revisions are necessary to addresses the impacts of such uses; and 6. The City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and 7. The purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible regulations to regulate such uses. 2 Unlisted Uses Moratorium Continuation 8. Because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council, therefore the city council finds that an emergency exits; and 9. The City Council has considered the applicability of a moratorium to all applications which constitute Unlisted Uses and believes the application to such to be too broad therefore believes it is appropriate to restrict the moratorium to residential uses in conjunction with the moratorium on group home facilities, which is the subject of a moratorium enacted concurrently with this moratorium, and to exclude all other applications of Unlisted Uses from the moratorium. SECTION 3. Declaration o_fEmergenc¥. The City Council does declare that an emergency exists in that the acceptance of applications and the issuance of permits for Unlisted Uses, as they relate to residential uses, without adequate study of the impacts of such facilities, especially in conjunction with the moratorium on group home facilities, and the City's regulations relative to classifying such uses. SECTION 4. Continuation of Moratorium. Based on the findings of fact adopted in Section 2, the moratorium enacted in Resolution No. 2907 is hereby continued and will remain in effect for a six month period commencing on September 24, 2003. Accordingly, the moratorium shall not expire until midnight on March 23, 2004, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing Unlisted Uses, which ever is sooner. The City Attorney is hereby directed to prepare an ordinance incorporating the findings of the City Council contained herein and further ratifying the enactment and continuation of the moratorium to March 23, 2004. During said moratorium, no building, land use, or development permit or approval shall be issued, nor shall any such permit or application be accepted for any land use permit or approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones within the City of Bremerton. SECTION 5. Exempt from moratorium. The moratorium shall only be applicable to applications for Unlisted Uses that are residential uses except that it shall not apply to such applications for dwelling trait(s) which are demonstrated by the applicant to satisfy the definition of a "residential structure occupied by persons with handicaps" in RCW 36.70A.410 and the Fair Housing Act, as amended in 1988 ("FHAA") (42 U.S.C. Sec. 3602). In addition, this moratorium shall not apply to applications for which the City has received a complete application prior to or on September 24, 2003, which is the date this moratorium was adopted. SECTION 6. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 3 Unlisted Uses Moratorium Continuation SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of _, 2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk RSLEGAL~Resolutions\Unlisted Uses Moratorium Continuation.doc 4 Unlisted Uses Moratorium Continuation