HomeMy WebLinkAbout2908 RESOLUTION NO. 2 ~02
A RESOLUTION of the City Council of the City of
Bremerton, Washington, imposing a moratorium on the acceptance
of applications for any building, land use, or development permit
or approval for Class I and Class II Group Residential Facilities as
defined in BMC 22.02.070.
WHEREAS, the city's zoning code authorizes the placement of Class I and Class
II Group Residential Facilities either as outright permitted uses or as uses permitted through a
special use permit, in certain zones throughout the City; and
WHEREAS, the definitions of Class 1 and Class II Group Residential Facilities as
set forth in BMC 22.02.070 are not clear as to some types of uses that may or may not fall into
the definitions of those classes of residential facilities and further may provide for some
inconsistency when applied to Figure 140 of Chapter 21.02 BMC; and
WHEREAS, the City must consider federal and state laws and regulations to
ensure that the City's provisions relating to the placement of Class I and Class II Group
Residential Facilities are consistent with federal and state law; and
WHEREAS, the City is facing the potential of applications for development of
Class I and Class II Residential Facilities within the City and the City does not have adequate
provisions for the review and consideration of the same; and
WHEREAS, 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; and
WHEREAS, 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 Class I and Class II Group Residential Facilities may impose
upon neighboring properties and the community as a whole; and
WHEREAS, the City needs time within which to research its options and to
review existing information on the effects of these facilities and to review the Bremerton
Municipal Code in a comprehensive fashion to determine what code revisions are necessary to
address the impacts of such uses; and
WHEREAS, 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 Class I
and Class II Group Residential Facilities within the City of Bremerton until additional review has
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Group Residential Facilities Moratorium
been completed and any necessary code revisions have been adopted by the Bremerton City
Council; and
WHEREAS, since the City does not currently have sufficient regulations to
properly review and consider Class I and Class II Group Residential Facilities, the enactment o£
a moratorium on processing applications prior to holding a public hearing is necessary to protect
the public health and welfare of the community; and
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a
public heating is held within sixty (60) days of adoption; and
WHEREAS, 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; detemfine what, if any, reasonable regulation is necessary to mitigate the
impacts; and prepare for placement of Class I and Class II Group Residential Facilities; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION L Recitals Incorporated. The recitals set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION2. Moratorium. Due to the findings set forth herein and as authorized
pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a
moratorium on the acceptance of applications for any building, land use, or development permit
or approval (including variances and rezones), or any other permit or approval required to site
and/or to develop any Class I and Class II Group Residential Facilities within the City of
Bremerton.
SECI'ION $. Pending Applications. Substantiallycompletedapplications for
any building, land use, or development permit or approval (including variances and rezones), or
any other permit or approval required to site and/or to develop any Class I and Class II Group
Residential Facilities, filed and accepted by the City prior to the effective date of this
moratorium, shall not be affected by this moratorium.
SECTION4. Duration. The moratorium established heroin shall terminate on
the date a hearing on the moratorium is concluded, unless continued following said hearing, or
60 days from the effective date of this resolution, whichever is sooner. During said moratorium,
no building, land use, or development permit or approval shall be issued nor shall any such
permit application be accepted for any such use within the City of Bremerton.
SECTION 5. Public Hearing - Scheduled. Pursuant to RCW 36.70A.390, the
City Council shall hold a public heating on this moratorium within sixty (60) days of its
adoption. A public heating on this moratorium will be held by the City Council during its
regularly scheduled Council meeting on October 22, 2003. Immediately after the public hearing,
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Group Residential Facilities Moratorium
the City Council shall adopt findings of fact on the subject of this moratorium, either justifying
its continued position or canceling the moratorium.
SECTION 6. Severabilit¥. 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.
SECTION 7. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION 8. 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~t)
day of~.~~, 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
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Group Residential Facilities Moratoriutn