HomeMy WebLinkAbout3330 Resolution RESOLUTION NO. 5330
A RESOLUTION of the City of Pasco, Washington, declaring a
moratorium prohibiting medical cannabis collective gardens in all zoning
districts within the City and setting public hearing thereon.
WHEREAS, the Washington legislature by Engrossed Second Substitute Senate Bill
5.073 (the Medical Cannabis Bill) provided for the establishment of State regulated medical
cannabis dispensaries and collective cannabis gardens to provide a source of medical cannabis
for qualifying patients, however, Washington Governor Christine Gregoire vetoed significant
portions of the Bill including all State agency regulations of the production, processing and
distribution of medical cannabis; and
WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last
hours of the 2011 legislative session to introduce Senate Bill 9555 addressing the concerns raised
by the Governor's veto, however, this Bill did not survive the closing of the legislative session
and, therefore, further legislative action is unlikely until the convening of the 2012 legislature;
and
WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits
collective cannabis gardens subject to the City's determination of appropriate zoning, business
license, health and safety requirements to serve the best interests of the City; and
WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in
great confusion as to its application and future legislation including a recently filed Initiative
which raises further questions in regards to the future affect and application of this act; and
WHEREAS, the City of Pasco does not currently have a specific provision addressing
the conditions or locations of collective cannabis gardens within the City; and
WHEREAS, it is anticipated that collective cannabis gardens may require an increased
risk to health and safety, require increased police and code enforcement activities, and affect the
use and enjoyment of surrounding properties without appropriate regulations; and
WHEREAS, the City intends to develop appropriate zoning and land use regulations to
accommodate collective cannabis gardens; and
WHEREAS, Washington law authorizes the City to adopt a moratorium with a public
hearing which must be held within sixty (60) days of the date of the adoption of a moratorium;
and
WHEREAS,the City Council has determined that it is in the best interest of the City that
a moratorium be established to provide the City an opportunity to study appropriate regulations
for such collective gardens, and to develop a work plan for the implementation of such
regulations; MOW, THEREFORE,
Resolution- 1
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. Moratorium Established. A moratorium is imposed prohibiting the
establishment, maintenance, cultivation, or operation of a collective garden for growing medical
cannabis as defined by Section 1, Subsection 2 of the Engrossed Second Substitute Senate Bill
5073 and RCW 69.51A.010 as amended, within all zoning districts within the City of Pasco; and
a moratorium is imposed on the filing with the City, or the Courts of Competent Jurisdiction, any
applications for licenses, permits, or other approvals for the location of a collective garden as
defined above during the term of this moratorium.
Section 2. Term of Moratorium. The moratorium imposed by this Resolution shall
become effective on the date hereof, and shall continue in effect for an initial period of six (6)
months, unless repealed, extended, or modified by the City Council after a public hearing and the
entry of appropriate findings of fact as required by RCW 35A.63.220, provided, however, that
the moratorium shall automatically expire upon the effective date of zoning regulations adopted
by the City Council to address collective gardens for medical cannabis within the City of Pasco.
Section 3. Public Hearin . A public hearing shall be scheduled for 7:00 p.m., or as
soon thereafter as the matter may be heard, on the 15th day of August, 2011, at the City Council
Chambers of the Pasco City Hall, where it will hear evidence and consider the comments and
testimony of those wishing to speak at such public hearing regarding the moratorium.
Section 4. Preliminary Findings. Following the public hearing, the City Council
shall adopt Findings of Fact justifying its actions before the public hearing, and determine
whether a work plan is necessary to address the issues involving the collective gardens for
medical cannabis within the City and extending the moratorium to complete a work plan and
implementation of appropriate regulations.
Section 5. Effective Date. This Resolution shall be in full force and effect upon its
passage and signature below.
PASSED by the Ci)y qouncil of the City of Pasco, Washington, as its regular meeting
dated this_1&day of Jt)h-4 2011.
Matt Watkins, Mayor
A
APPRO ED TO FORM:
f 0(
Debra L. Clark, City OeTr -_� Leland B. Kerr, City Attorney
Resolution -2