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Home My WebLink About5155 ORDINANCE NO. 5155 AN ORDINANCE 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 methadone treatment facilities WHEREAS, the city's zoning code does not adequately address the impacts of the placement and uses of methadone treatment facilities providing opiate substitution treatment and other related services ( "Methadone Treatment Facilities ") within the City of Bremerton, and WHEREAS, the City is facing the potential of applications for development of Methadone Treatment 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 relating to Methadone Treatment 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 Methadone Treatment Facilities 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 WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Methadone Treatment Facilities, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community, and 1 Moratorium — Methadone Treatment Facilities WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorizes cities to adopt moratoriums for a period not longer than six months provided a public hearing 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; determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Methadone Treatment Facilities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35 63 200 and RCW 36 70A 390, 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 and business licenses), or any other permit or approval required to occupy, site and/or to develop any methadone treatment facilities providing opiate substitution treatment and other related services within the City of Bremerton During said moratorium, no such 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 3. Pending Applications Substantially completed 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 Methadone Treatment Facilities, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established herein shall be for a period of six months from adoption, unless extended as provided by law, subject to a public hearing being held within sixty (60) days of adoption of this moratorium and adoption of findings of fact justifying the moratorium This moratorium shall terminate sixty (60) days from adoption if the City Council does not make findings of fact justifying the moratorium during a public hearing(s) held within that time period This moratorium may also be terminated earlier by motion of the City Council SECTION S. Public Hearinz- Scheduled Pursuant to RCW 35 63 200 and RCW 36.70A 390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption A public hearing on this moratorium will be held by the City Council during its regularly scheduled Council meeting on August 17, 2011, or as soon thereafter, to hear public input on this matter Immediately after the public 2 Moratorium —Methadone Treatment Facilities hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or terminating the moratorium SECTION 6. Severabih!y If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 7. _Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the nL-mi day of , 2011 WILL MAUPIN, Counc&4 Approved this Z7 day of , 2011 PATTY L ATTEST APPRO ED AS TO FORM CAROL E EN, tty Cle lk YO — GEIVA LUBOVICH, City Attorney PUBLISHED the day of I, , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal\Lega] \Ordinances \Community Development\Moratonum - Methadone Treatment Facilities 1 doc 3 Moratorium — Methadone Treatment Facilities AFFIDAVIT OF PUBLICATION Account #42742 AD #274218 STATE OF WASHINGTON COUNTY OF KITSAP 1, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on July 25, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $43 26 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 28, 2011 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5155 AN ORDINANCE 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 methadone treatment facilities PASSED by the City Council on the 22nd day of July, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 July 25, 2011 AD #20115469