HomeMy WebLinkAboutOrdinance 2014-012 Moratorium on Apps for MJ Producer and Processor establishments 7-7-14�MAIJ 0 0 so 1112 ILI 0 U rM In, ION 17. —1
WHEREAS, in conformity with the responsibilities of the City of Arlington to provide
for public health, safety and welfare requirements and zoning and land use regulations pursuant
to state law, and City's authority to regulate land use activity within its corporate limits, the City
has developed public health, safety and welfare requirements and zoning and land use
uana retailer establishments in
the City of Arlington; and
WHEREAS, the number of applications for marijuana producer and processor permits
fhave greatly exceeded the anticipated demand and may result in an excess of marijuana —
Ivroducers and processors in the City of Arlington; and
WHEREAS, a moratorium will provide the City with additional time to review and
amend its public health, safety and welfare requirements and zoning and land use regulations
related to marijuana producer and marijuana processor establishments consistent with the
requirements of state law and the needs of the community; and
NVIIEREAS, Wasliitigtoti State law, lticludiiig Sectiom 35A.03.220 aii(136.70A.390 of
the Revised Code of Washington, (RCW) authorizes Washington cities to adopt moratoria and
I -provides for a process for a public hearing which must be held within sixty days of the dates of
the adoption of the moratorium; and
WHEREAS, the City Council concludes that the City does have that authority to
establish a moratorium and that the City must adopt a moratorium concerning the establishme
of marijuana producer and marijuana processor establishments to act as a stop -gap measure: (a)
to provide the City with an opportunity to study the issues concerning the establishment of sue
establishments and prepare appropriate revisions to the City's codes and regulations; (b) to
protect the health, safety, and welfare of the citizens of Arlington by avoiding and ameliorating
negative impacts and unintended consequences of said establishments and (c) to avoid applican
possibly establishing vested rights contrary to and inconsistent with any revisions the City may
make for its rules and regulations as a result of the City's study of this matter; and I
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the
adoption of this ordinance; and
WHERFAS, the City Council finds that the moratorium imposed by this Ordinance
necessary for the immediate preservation of the public peace, health or safety and for the
immediate support of city government and its existing public institutions; I
NOW, THERFFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findinas. The recitals set forth above are hereby adopted as the Arlington City
Council's findings in support of the moratorium imposed by this ordinance.
Section 2. Moratorium Established. A moratorium is imposed on the acceptance of
-Wrinifis for mari�uana igoducer and mari�uana is�rocessor establishments. asserted
to be authorized or actually authorized pursuant to Chapter 69.5 1 A RCW or any other laws of
the State of Washington. No additional building permits, occupancy permits, business license,
development permits or approval or any other city -issued license or permit shall be issued for
any of the purposes or activities related to the establishment of marijuana producer or marijuana
processor establishments.
Section 3. Tenn of Moratorium. The moratorium imposed by this ordinance shall become
effective on the date hereof and shall continue in effect for an initial period not to exceed six
months, unless repealed, extended or modified by the City Council after subsequent public
hearing(s) and entry of appropriate findings of fact, pursuant to RCW 36.70A.390, provided that
the moratorium shall automatically expire upon the effective date of the adoption by the City
address regulation of the establishment of marijuana producer and marijuana processor
establishments in the City of Arlington.
Section 4. Referral to Staff and Planning Commission. The Arlington Community
Development Director is hereby authorized and directed to develop draft regulations regarding
marijuana producer and marijuana processor establishments. The regulations shall be referred bo:
the Arlington Plannini Commission for review and recommendation for inclusion in the zonine
Section 5. Ordinance to be Transmitted to Department. Pursuant to RCW 3 6.70A. 106,
copy of this interim ordinance shall be transmitted to the Washington State Department of
Commerce. I
Section 6, Severabilit . If any section, sentence, clause or phrase of this ordinance shouli1
be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionalit-ki shall not affect the validitgi or constitutionalitp of angi other section-. sentence
clause or phrase of this ordinance.
111"J. W11 I N1 MY11 I I I I 11, N N WV
is
Ordinance No. 2014-012 E
Section 8. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 9. Effective Date. This ordinance shall take effect and be in full force and e�ll
fi-kUwk?w *f extended trv-
act of the City Council, this ordinance shall automatically expire six (6) months foli•�A
adoption.
Barbara Tolbert, Mayor
RIVORMI
1�5-- Aisti
StevenJ,,Pei elCity r- I
Attorney
Ordinance No. 2014-012 N