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File #: 2021-0244    Version:
Type: Ordinance Status: Passed
File created: 6/22/2021 In control: Metropolitan King County Council
On agenda: Final action:
Enactment date: Enactment #: 19309
Title: AN ORDINANCE declaring a one-year moratorium prohibiting the acceptance of applications for or establishment of new or expansion of existing wineries, breweries, distilleries and remote tasting rooms, as primary uses or as home occupations or home industries; and prohibiting temporary use permits for wineries, breweries, distilleries and remote tasting room; establishing a work plan to evaluate the next steps for the regulations regarding these uses; and declaring an emergency.
Sponsors: Claudia Balducci
Indexes: Moratorium, Unclassified use Permits
Attachments: 1. Ordinance 19309, 2. 2021-0244 Amendment 1
Title
AN ORDINANCE declaring a one-year moratorium prohibiting the acceptance of applications for or establishment of new or expansion of existing wineries, breweries, distilleries and remote tasting rooms, as primary uses or as home occupations or home industries; and prohibiting temporary use permits for wineries, breweries, distilleries and remote tasting room; establishing a work plan to evaluate the next steps for the regulations regarding these uses; and declaring an emergency.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings.
A. King County has authority, pursuant to constitutional police powers, home rule authority and the Washington state Growth Management Act, including chapter 36.70A RCW ("the GMA"), to establish a moratorium to preclude the acceptance of certain new development applications and preclude the establishment of otherwise allowed uses while the county studies related land use issues.
B. Ordinance 19030 established updated regulations for winery, brewery, distillery facilities and remote tasting rooms in unincorporated King County.
C. Ordinance 19030 was challenged on State Environmental Policy Act ("SEPA") and GMA grounds by Friends of Sammamish Valley, a Washington nonprofit corporation, A Farm in the Sammamish Valley, LLC, Marshal Leroy d/b/a Alki Market Garden, Eunomia Farms LLC, Olympic Nursery Inc., C-T Corp., Roots of Our Times Cooperative, Regeneration Farms LLC, Hollywood Hill Association, Terry and David R. Orkiolla, Judith Allen and Futurewise to the Central Puget Sound Growth Management Hearings Board ("the board"). The petitioners filed a summary judgment motion with the board, claiming the SEPA process undertaken by the county before adoption of the ordinance had been insufficient. On May 26, 2020, the board issued its Order on Dispositive Motions for Case No. 20-3-0004c ("the board's order"), which granted the petitioners' summary judgment and invalidated most of the substantive sections of t...

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