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Home My WebLink About5192 ORDINANCE NO. 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 expired on February 29, 2012, and WHEREAS, The moratorium extension was established by Ordinance No 5178 and expires on August 31, 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 comprehensively to determine what code revisions are necessary to address the impacts of such a uses and therefore has determined that 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 Marijuana Collective Gardens, and 1 Collective Gardens Moratorium Extension 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, a public hearing was held during its regular Council meeting on August 15, 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, but not limited to 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 i prior to the effective date of this moratorium, shall not p b y the City y p be affected by this moratorium SECTION 4. Duration The moratorium established by Ordinance No 5159 and Ordinance No 5178 herein shall be extended for a period of six months and shall expire on February 28, 2013 unless otherwise extended pursuant to RCW 35 63 200 and RCW 36 70A 390. SECTION 5. Severabdibt 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. 2 Collective Gardens Moratorium Extension 1 4l PASSED by the City Council of the City of Bremerton, Washington this day of 2012. McDONALD, Council President Approved this l� day of hu6rce"5 1 3 2012 PATTY LENT N'f yor APPROVED AS TO FORM. ATTEST ROGER A LUBOVICH, City Attorney WAKNON CORIN, City Clerk PUBLISHED the �,- day of u , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO 5/ a R \Legal\Legal \Ordinances \Community Development\Moratorium - Medical Marijuana Collective Gardens Extenstion2- Final doc 3 Collective Gardens Moratorium Extension AFFIDAVIT OF PUBLICATION Account #42742 AD #285622 STATE OF WASHINGTON COUNTY OF KITSAP 1, Christine Kendrick, 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 August 17, 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 wu X, (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 27, 2012 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Wash MY Commission 2 February 04, 014 ORDINANCE NO 5192 AN ORDINANCE of the City Council of the City of Bremerton, Waslungton, extending the moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Manluana Collective Gardens PASSED by the City Council on the 15th day of August, 2012 The full text of tlus ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 August 17, 2012 AD# 20127836