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Home My WebLink About5177 ORDINANCE NO. 5177 A ORDINANCE of the City Council of the City of Bremerton, Washington, relating to land use zoning by amending Chapters 20 42, 20 86 and 20 98 of the Bremerton Municipal Code regarding Opiate Substitution Treatment Facilities WHEREAS, the City of Bremerton adopted a 20 -year comprehensive growth management plan in December 2004 in accordance with the goals and requirements of RCW 36 70A (the Growth Management Act, or GMA), and WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, the City Council adopted Ordinance No 5155 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of Opiate Substitution Treatment Facilities and therefore established a six (6) month moratorium on the placement and uses of Opiate Substitution Treatment Facilities within the City, and WHEREAS, the City Council, in adopting Ordinance No 5155, made findings that 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 Opiate Substitution Treatment Facilities impose upon neighboring properties and the community as a whole, and WHEREAS, the moratorium established by Ordinance No 5155 became effective August 3, 2011 and expires on February 2, 2012, and WHEREAS, the City needed time 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 a uses, and WHEREAS, the moratorium was adopted to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Opiate Substitution Treatment Facilities, WHEREAS, on October 10, 2011 the proposed Zoning Code amendments relating to Opiate Substitution Treatment Facilities were circulated to the State Agencies for the requisite 60 -day review and comment period and the City received conformation on the October 11, 2011 that the notice was received, and WHEREAS, on October 18, 2011 the City of Bremerton Planing Commission considered staff's recommendations, received testimony, and formulated a recommendation to forward the amendments for City Council at a duly advertised public hearing, and 1 Opiate Substitution Treatment Facilities WHEREAS, on December 7, 2011 a State Environmental Policy Act Determination of Nonsignificance was issued for the proposed action with an administrative appeal deadline of January 4, 2012 and no appeals were filed, WHEREAS, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and WHEREAS, City Council took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Zoning Code amendments on February 1, 2012 date, and WHEREAS, City Council finds that the recommended amendments the Bremerton Municipal Code relating to Opiate Substitution Treatment Facilities herein are in the public interest, 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 ordinance are hereby incorporated as if fully set forth herein SECTION 2. Section 20 42 020 in the Bremerton Municipal Code titled "List of Defined Terms" is hereby amended to add "Opiate substitution treatment facility" to the list as follows 20.42.020 LIST OF DEFINED TERMS. Abandoned sign Abandonment or Abandoned Accessory dwelling unit (ADU) Accessory use, activity or structure Acre, net Acre, gross Adjoining or adjacent Administrative Hearing Examiner Adult entertainment business Adult family home Alley Alteration Alteration, structural Antenna, tower Antenna, wireless Applicant Appurtenance or Appendage Area of sign Art gallery Art studio 2 Opiate Substitution Treatment Facilities Assisted living facility Automobile sales Automobile service and repair Awning/canopy Bay window Bed and breakfast Boarding house or rooming house Buffering Building code Building coverage Building envelope Building line Bulletin board/kiosk Car wash Caretaker Caretaker's residence Carport Cell on wheels (COW) Change of use Changeable copy /readerboard sign City Co- location Community facility Concealed Construction sign Day care facility Deck Density Density, maximum Density, minimum Detached Detoxification center Development coverage Directional sign Director Drinking place Drive- through facility Drive- through lanes Duplex Dwelling unit Dwelling, conventional Dwelling, modular or factory -built Dwelling, multi -unit structure Dwelling, single -unit attached Dwelling, single -unit structure Education and school Education, higher and college 3 Opiate Substitution Treatment Facilities Entertainment use Equipment structure FAA FCC Fence Finance, insurance and real estate Foster home Franchise business Freestanding sign Frontage Garage Gas station Grade Grade, average final Grade, existing Gross floor area Group residential Group residential - Class I (assisted living) Group residential - Class II Group residential home Heavy mdustrial/manufacturing Height Home occupation Homeowners' association Hospital Hotel and lodging place Household Identification sign Illegal sign Impervious surface Incidental sign Incubator for business Junk yard Kennel Light industrial /manufacturing Loading area Lot Lot area Lot line, front Lot line, rear Lot line, side Lot, depth Lot, flag Lot, waterfront Lot, width Maintain Manufactured home 4 Opiate Substitution Treatment Facilities Marina Marquee Medical laboratory Medical office and clinic Mobile home Monument sign Motion picture theater Multiple - building complex Multiple- occupancy building Museum and gallery Nonconforming sign Nursery and greenhouse Nursing/convalescent home Office and business services, general Off - premises sign Open space Opiate substitution treatment facility Outdoor athletic fields Parcel Park, playground and open space Parking, satellite Parking, structure Paved surface Personal service Physical fitness and health club Pier Pole sign Porch Portable sign Premises Private club or lodge Product sign Projecting sign Provider Public administration Public distribution/transmission facility Public utility facility Public information/identification sign Public services Recreational vehicle Recreational vehicle park Recycling center Recycling collection station Recycling collection station (limited) Rehabilitation Residential use Residential, as secondary use 5 Opiate Substitution Treatment Facilities Restaurant Restaurant, fast food Retail, general Retail, large Rezone Sandwich board sign Satellite dish Senior citizen Senior housing complex Setback, maximum Setback, minimum Shop Shopping center Sidewalk vendor Sign Sign structure Social services Stadium and sports complex Storage building and shop Storage yard, outdoor storage Story Street Street, private Structure Structure, accessory Structure, principal Structure, temporary Support structures Temporary sign Tower Townhouse Transient person Transportation facility Use Use, accessory Use, conditional Use, principal Use, temporary Variance Vehicle- or trailer- mounted sign Vesting Veterinary clinics and animal hospitals Wall sign Warehousing Whip antenna Wireless telecommunications facility Worship and religious facility 6 Opiate Substitution Treatment Facilities Yard Yard, construction or storage Zero lot line SECTION 3. Section 20 42 040 of the Bremerton Municipal Code titled "Definitions" is hereby amended to include a new definition for "Opiate substitution treatment facility" between the two existing definitions, "Open space" and "Outdoor athletic fields ", as follows "Opiate substitution treatment facility" means an organization that administers or dispenses an approved drug as specified in 212 Code of Federal Regulations (CFR) Part 291 for treatment of detoxification of opiate substitution The agency is (1) Approved by the Federal Food and Drug Administration, (2) Registered with the Federal Drug Enforcement Administration, (3) Registered with the State Board of Pharmacy, (4) Licensed by the county in which it operates, and (5) Certified as an opiate substitution treatment agency by the State Department of Social and Health Services SECTION 4. Chapter 20 86 of the Bremerton Municipal Code titled "Freeway Corridor Zone" is hereby amended to include "Opiate substitution treatment facility" criteria in 20 86 040 as follows 20.86.040 CONDITIONAL USES A conditional use permit, which is approved pursuant to BMC 20 58 020, may permit the following uses. (a) Heavy industrial/manufacturing, provided (1) All standards of the noise levels ordinance, Chapter 6 32 BMC, are met, (2) No unshielded light or glare will be visible during periods of darkness in a residential zone, (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commercial or residential lot, (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights -of -way or any adjacent lot Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to negatively impact visual character (b) Adult business per BMC 20 46 110 (c) Class II group residential facilities, provided (1) The facility will not create an operational conflict with the efficiency of large -scale freeway - oriented commercial use (d) Opiate substitution treatment facility provided (1) The permit shall be processed as a Type III Hearing Examiner decision (2) No opiate substitution treatment facility shall be sited within 1.000 (one - thousand) feet of another opiate substitution treatment facility 7 Opiate Substitution Treatment Facilities (3) Off - street parking shall be provided one (1) parking space per 150 square feet of gross floor area, and (4) Landscaping is provided meeting the minimum requirements for nonresidential uses as prescribed in Chapter 20 50 BMC SECTION S. Chapter 20 98 of the Bremerton Municipal Code titled "Institutional" is hereby amended to add Section 20 98 040 titled "Conditional Uses" as follows 20.98.040 CONDITIONAL USES A conditional use permit which is approved pursuant to BMC 20 58 020, may permit the following uses (a) Opiate substitution treatment facility, provided (1) The permit shall be processed as a Type III Hearing Examiner decision, (2) May only be located in the Institutional zone where the Harrison Medical Center campus is sited, in the vicinity of Cherry Avenue, Wheaton Way, and Clare Avenue, (3) No opiate substitution treatment facility shall be sited within 1,000 (one - thousand) feet of another opiate substitution treatment facilities, (4) Off - street parking shall be provided one (1) parking space per 150 square feet of gross floor area, and (5) Landscaping is provided meeting the minimum requirements for nonresidential uses as prescribed in Chapter 20 50 BMC SECTION 6. Severabihbt If any one or more sections, subsections, or sentence 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. 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 of the City of Bremerton, Washington this day of �i rU& �' , 2012 0 , JIM McDONALD, Council President Approved this 3,eD day of �ovl�r''�G , 2012 PATTY , Mayor 8 Opiate Substitution Treatment Facilities APPROVED AS TO FORM AT T t ER A LUBOVICH, Cit SHANNON CORIN, Interim i y Clerk PUBLISHED the �— day of 1 4 i e 2012 EFFECTIVE the day of 2012 ORDINANCE N 7 K \ Legal \Legal \Ordmanees \Community Developmuit \Opiate Substitution Ireatment Facility doe 9 Opiate Substitution Treatment Facilities AFFIDAVIT OF PUBLICATION Account #42742 AD #280198 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem 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 February 6, 2012 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 $38 15 This amount has not been paid in full (Sign Le of Principal Clerk) Subscribed and sworn to before me this day of February 13, 2012 Public in and for the State of Washington, Kitsa Coun CASSANDRA CAPAS No u lic �' P h' Notary Public State, of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5177 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to land use zoning by amending Chapters 20 42, 20 86 and 20 98 of the Bremerton Mumcipal Code regarding Opiate Substitution Treatment Facilities PASSED by the City Council on the 1 st day of February, 2012 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 February 6, 2012 AD #20121910