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Home My WebLink About5178 ORDINANCE NO. 5178 A ORDINANCE of the City Council of the City of Bremerton, Washington, extending the moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens 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 No 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, the City Council adopted Ordinance No 5159 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of Medical Marihuana Collective Gardens and therefore established a six (6) month moratorium on the placement and uses of Medical Marihuana Collective Gardens within the City, and WHEREAS, The moratorium established by Ordinance No 5159 became effective September 1, 2011 and expires on February 29, 2012, and WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorize cities to adopt moratoriums for a period not longer than six (6) months however the cities may renew for one or more six -month periods if a public hearing is held and finding of fact are made prior to each renewal, 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 Collective Gardens may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs additional 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 therefore believes an extension of the moratorium is necessary to complete this review, and WHEREAS, the purpose of this proposed moratorium extension is to provide additional time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Medical Marihuana Collective Gardens, and WHEREAS, the public was notified by legal advertisement in the Krtsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and 1 Collective Gardens Moratorium Extension WHEREAS, a public hearing was held during its regular Council meeting on February 1, 2012 to hear public input on this proposed ordinance, and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports extending the moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Collective Gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council, 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. 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 an extension of the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variance, rezones and business licenses), or any other permit or approval required to occupy, site and/or develop any Medical Marihuana Collective Gardens 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 develop any Medical Marihuana Collective Gardens, 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 by Ordinance No 5159 herein shall be extended for a period of six months and shall expire on August 31, 2012 unless otherwise extended pursuant to RCW 35 63 200 and RCW 36 70A 390 SECTION S. Severability 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, and SECTION 6. _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 r day of tb1-KA r , 2012. 9 O' M McDONALD, Council President 2 Collective Gardens Moratorium Extension Approved this day of , 2012 PATTY L Mayor APPROVED AS TO FORM ATTEST R GER A LUBOVICH, C orney SHANNON CORIN, Interim PUBLISHED the �2 4-'k day of 80 KV 2012 EFFECTIVE theda of i� r , 2012 ORDINANCE NO t 6j`7 R \Legal \Legal \Ordinances \Community Development \Moratorium - Medical Marihuana Collective Gardens Extenstion doc 3 Collective Gardens Moratorium Extension AFFIDAVIT OF PUBLICATION Account #42742 AD #280197 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being fast 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 $37 30 This amount has not been paid in full -- (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 13, 2012 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington f my Commission Expires February 04, 2014 ORDINANCE NO 5178 AN ORDINANCE of the City Council of the City of Bremerton, Washington, extending the moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens 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 #20121909