HomeMy WebLinkAbout4109of the City Council of the
city of Kent, Washington, renewing, for another
six-month period, the moratorium established
through adoption of Ordinance No. 4094,
prohibiting the establishment, location, operation,
licensing, maintenance or continuation of
marijuana processors, producers, and retailers
claiming authorization under Chapter 69.50 RCW
or any other law of the state of Washington, within
the city of Kent, and adopting additional findings
of fact.
A. On November 19, 2013, the Kent City Council adopted
Ordinance No. 4094, establishing asix-month moratorium prohibiting the
establishment, location, operation, licensing, maintenance or continuation
of marijuana processors, producers, and retailers claiming authorization
under Chapter 69.50 RCW or any other law of the state of Washington,
within the city of Kent. This ordinance took effect beginning November 27,
2013.
B. On January 7, 2014, the Kent City Council held a public
hearing regarding the moratorium, as required by law, took additional
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public testimony, and concluded the public hearing without adopting any
additional findings of fact not already included within Ordinance No. 4094,
C. Since the adoption of the city's current moratorium,
approximately 53 different bills related to marijuana were raised for
discussion during the 2014 state legislative session, ranging from revenue-
sharing with local cities to proposed preemption of local regulation of
marijuana businesses altogether. The legislative session ended on March
14, 2014, without any of these bills having been enacted.
D. On January 16, 2014, in response to a request from the State
Liquor Control Board, the Washington State Office of the Attorney General
issued a formal Opinion (AGO 2014 No. 2), reaffirming the city's legal
position that nothing in I-502 prohibits cities and other local governments
from regulating state -licensed recreational marijuana businesses within
their boundaries through imposition of reasonable land use and business
licensing requirements.
E. The production, processing and sale of recreational marijuana
has been taking place in Colorado pursuant to state law since January 1,
2014, and the Washington State Liquor Control Board has begun to issue
its first licenses to producers and processors of recreational marijuana
under the system established by I-502, thus increasing the availability of
reliable land -use data related to such businesses.
F. The City Council has determined that prior to the adoption of
permanent zoning regulations of marijuana -based businesses, the Planning
Division should continue to thoroughly vet possible zoning options based
on the best available data, and route proposed amendments to the city
zoning ordinance through the Land Use and Planning Board (LUPB), as
provided in KCC 2.57.040, for recommendation to the City Council.
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G. City staff estimates that if zoning options are presented to the
LUPB for consideration at a workshop meeting sometime in April, 2014, the
LUPB would not hold the public hearing required prior to making a
recommendation to the City Council until May, 2014. The Council's
Economic and Community Development Committee would then consider
the matter in early June, 2014, and the full Council would not be poised to
vote on a permanent zoning amendment until sometime in late June,
2014. This process is designed to be iterative and flexible, and it is
possible that proposed revisions at any point during the process would
push implementation of final zoning regulations out even further.
H. While no business could establish itself as a legal
nonconforming use were the city's current moratorium to expire prior to
the adoption of permanent land use controls, the clearest way to allow the
necessary time for the proper functioning of the city's zoning apparatus is
to extend the moratorium established by Ordinance No. 4094 for another
six months, pursuant to RCW 35A.63.220 and RCW 36.70A.390, providing
that the City Council may extinguish the moratorium sooner to conform
with the passage of any permanent zoning regulations implemented
through Council legislative action.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SEC7'IOM i. -Pre/iminary Findings. The recitals and findings set
foI th above, as well as those in Ordinance No. 4094, are hereby adopted
as the city council's preliminary findings in support of the moratorium
renewed and extended by this ordinance, as if fully set forth herein. The
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City council may, in its discretion, adopt additional findings at the
conclusion of the public hearing referenced in Section 5 below.
SECTIO . -Moratorium Renewed. Pursuant to the provisions of
Article 11, Section 11 of the Washington State Constitution, RCW
35A.63.220, and RCW 36.70A.390, the moratorium enacted through
passage of Ordinance No. 4094 prohibiting within the city of Kent the
establishment, location, operation, maintenance, continuation, permitting
or licensing of any producer, processor or retail seller of marijuana that is
licensed by the state of Washington pursuant to I-502 and Chapter 69.50
RCW is hereby renewed and extended for another six-month period. No
building permit, occupancy permit, or other development permit or
approval shall be issued for any of the purposes or activities listed above,
and no business license shall be granted or accepted while this moratorium
is in effect. Any land use permits, business licenses or other permits or
authorizations for any of these operations that are issued as a result of
error or by use of vague or deceptive descriptions during the moratorium
are null and void, and without legal force or effect.
SECTION 3. - No Nonconforming Uses. No use that constitutes or
purports to be a use prohibited in Section 2 of this ordinance, that was
engaged in prior to the enactment of Ordinance No. 4094 shall be deemed
to have been a legally established use under the provisions of the Kent
City Code and that use shall not be entitled to claim legal nonconforming
status.
SECTION 4. -Effective Period for Renewal. This renewal of this
mUI atorium shall take effect beginning May 27, 2014, which is more than
five (5) days from the date of passage of this ordinance and its publication,
and shall be in effect for a period of six months thereafter, and shall
automatically expire at the conclusion of that six-month period unless the
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same is further extended as provided in RCW 35A.63.220 or RCW
36.70A.390, or unless terminated sooner by the city council.
ECTI -Public Hearing. Pursuant to RCW 35A.63.220 and
RCW 36.70A.390, the city council held a public hearing regarding the
renewal of this moratorium at the city council's regular meeting, at 7:00
p.m. in Council Chambers, Kent City Hall, on Tuesday, April 15, 2014, or
as soon thereafter as the business of the city council permitted, in order to
take public testimony and to consider adopting further findings.
SETI -Severability. If any one or more section, subsection,
or sentence of this ordinance is 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. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 8, -Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its passage, approval and
publication as provided by law, provided that the effective date of the
renewal of the existing moratorium as established by this ordinance shall
be May 27, 2014, as noted in Section 4 above. The city clerk is directed to
publish a summary of this ordinance at the earliest possible publication
date.
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ATTEST:
RONALD .6�M
APPROVED AS
CITY CLERK
FITZPATRICK, ACTING CI�fY ATTORNEY
PASSED: -day of
APPROVED: day of ��° , 2014.
PUBLISHED: ay of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Clvll\Crdlna nce\Extended Moratorium Marljuana.docx
NALD F:' MOORE, CI I Y CLERK
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