HomeMy WebLinkAboutO-2453 - Adds Sec. 19.06.429 and 19.06.441; amends Sec. 19.54.050, zoning (Repealed by 2852),,U"~A!kr
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CITY OF MARYSVILL£1'7v4.
Marysville,Washington
ORDINANCE NO..;z4S"3
AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING
NEW SECTIONS 19.06.429 RISK POTENTIAL ACTIVITY OR
FACILITY,19.06.441 SECURE COMMUNITY TRANSITION
FACILITIES,ADDING A SUBSECTION (11)TO THE CRITERIA
FOR A CONDITIONAL USE IN SECTION 19.54.050 TO SECURE
COMMUNITY TRANSITION FACILITY.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section I.A new section MMC 19.06.429 Risk Potential Activity of Facility is hereby
enacted reading as follows:
19.06.429 Risk Potential Activity or Facility.
"Risk potential activity" or risk potential facility" means an activity or facility
that provides a higher incidence of risk to the public from persons conditionally
released from the Special Commitment Center. Risk potential activities and facilities
includes:
I. public and private schools and their grounds;
2. school bus stops;
3. licensed child daycare and licensed preschool facilities;
4. public parks;
5, publicly dedicated trails;
6. sports fields;
7, playgrounds;
8. recreational and community centers;
9, places of worship such as churches, synagogues, temples, mosques;
10,public libraries;
II.any other risk potential activity or facility identified in siting criteria by the
Department of Social and Health Services with respect to siting a secure community
transition facility,
Section 2.A new section MMC 19,06.441 Secure Community Transition facilities is
hereby enacted reading as follows:
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19.06.441 Secure Community Transition facilities.
A residential facility for persons civilly committed and conditionally released
to a less restrictive alternative under Chapter RCW 71.09, A secure community
transition facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition facilities
include but are not limited to the facilities established pursuant to RCW 71,09.250 and
any community-based facilities established under Chapter RCW 71.09 and operated by
the secretary of the state Department of Social and Health Services or under contract
with the secretary.
Section 5. A new subsection (II)to MMC 19.54.050 IS hereby enacted
reading as follows:
19.54.050 Conditional use permit.
A conditional use permit shall be granted by the City, only if the applicant
demonstrates that:
(I)The conditional use is designed in a manner which is compatible with the
character and appearance with the existing, or proposed development in the vicinity of
the subject property;
(2) The location, size and height of buildings,structures,walls and fences, and
screening vegetation for the conditional use shall not hinder neighborhood circulation
or discourage the permitted development or use of neighboring properties;
(3) The conditional use is designed in a manner that is compatible with the
physical characteristics of the subject property, and will be in harmony with the area in
which it is to be located and in general conformity with the comprehensive plan of
development of Marysville and its environs;
(4)Requested modifications to standards are limited to those which will
mitigate impacts in a manner equal to or greater than the standards of this title;
(5) The conditional use will not endanger the public health or safety iflocated
where proposed and developed, and that the use will not allow conditions which will
tend to generate nuisance conditions such as noise, dust, glare vibration;
(6) The conditional use is such that pedestrian and vehicular traffic associated
with the use will not be hazardous or conflict with existing and anticipated traffic in
the neighborhood;
(7) The conditional use will be supported by adequate public facilities or
services and will not adversely affect public services to the surrounding area or
conditions can be established to mitigate adverse impacts on such facilities;
(8) The use meets all required conditions and specifications set forth in the
zone where it proposed to locate;
(9) The use will not be injurious or detrimental to adjoining or abutting
property, or that the use is a public necessity;
(10) In addition, the City may impose specific conditions precedent to
establishing the use and conditions may include:
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(a) Increasing requirements In the standards, criteria or policies
established by this title,
(b)Stipulate the exact location as a means of minimizing hazards to
life, limb, property damage, erosion, land slides or traffic,
(c) Require structural features or equipment essential to serve the same
purposes as set forth in (b)of this subsection,
(d) Impose conditions similar to those set forth in (b) and (c) above, as
deemed necessary to establish parity with uses permitted in the same zone in
their freedom from nuisance generating features in matters of noise, odors, air
pollution, wastes, vibration, traffic, physical hazards;
(II)A conditional use permit to site a secure community transition facility
must comply with the following additional criteria:
(a) Before issuance of a conditional use permit, the applicant shall
have complied with all applicable requirements for the siting of an essential
public facility.
(b)The siting of a secure community transition facility must comply
with all provisions of state law, including requirements for public safety,
staffing, security, and training, and those standards must be maintained during
the duration of the use.
(c) A secure community transition facility should be located on
property of sufficient size and frontage to allow the residents an opportunity for
secure on-site recreational activities typically associated with daily needs and
residential routines.
(d) If state funds are available, the Department of Social and Health
Services should enter into a mitigation agreement with the City of Marysville
for training and the costs of that training with local law enforcement and
administrative staff, and local government staff, including training in
coordination, emergency procedures, program and facility information, legal
requirements, and resident profiles.
(e) The applicant must show that the property meets all above
requirements and, further,if more than one site is being considered, preference
must be given to the site furthest removed from risk potential activities or
facilities.
PASSED by the City Council and APPROVED by the Mayor this 21lbf.day of
October,2002.
CITY OF MARYSVILLE
By_flJ-=.:tJ""'{fM!J"""--_
DAVID A.WEISER, Mayor
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ATTEST:
Approved as to form:
By~~cL&J
GRANT K. WEED, City Attorney
Date of Publication:/1-(Q -()2-
Effective Date (5 days after publication):11-1/-0 Z-
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