Loading...
HomeMy WebLinkAboutO-2659 - Detached single-family residential construction moratorium (Repealed by 2671)~.' ~'-r»,," 1 ~, ". CITY OF MARYSVILLE ORDINANCE NO,9-1'o5~ c c:eZ'nv~ Uh/~ /11.(tSL. ~,.'~ AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTION,ESTABLISHING A MORATORIUM ON THE FILING AND RECEIPT OF APPLICATIONS FOR DETACHED SINGLE FAMILY RESIDENTIAL PERMITS NOT LOCATED ON AN INDIVIDUAL LOT, PROVIDING FOR SEVERABILITY,DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the State Growth Management Act, Ch. 36.70A RCW, and the State Subdivision Act, Ch. 58.17 RCW, the City of Marysville has adopted zoning and subdivision regulations, which are set forth in Titles 19 and 20 of the Marysville Municipal Code, respectively; and WHEREAS, the City's zoning and subdivision requlations are being subverted by a development scheme that begins with applications for detached single family residential construction on large tracts of land in one of the City's multiple family zoning designations,which are then developed and condominiumized rather than subdivided into single family lots; and WHEREAS, the above described development scheme results in developments that do not comply with the City's zoning and subdivision requirements,including essential public health, safety. and welfare measures, such as adequate streets, sidewalks, parks and recreation areas, utilities, schools, and other public requirements, which requirements prevent the overcrowding of land, lessen congestion in the streets and highways, promote the effective use of land, promote safe and convenient travel by the public on streets and highways, provide for adequate light and air, and adequately provide for the housing and commercial needs of the City, as set forth in MMC 20.04.030(1);and WHEREAS, the above described development scheme results in developments without adequate streets, sidewalks, parks and recreation areas, utilities, schools,and other public requirements and also results in the overcrowding of land, congestion in the streets and highways,ineffective use of land, unsafe and inconvenient travel by the public on streets and highways, and inadequate light and air, all of which is to the detriment of the public health, safety, and welfare; and WHEREAS,other cities in the State of Washington have avoided the above described subversion of zoning and subdivision laws by specifically requiring each detached single family residence to be built on its own separate lot; and ORDINANCE IWlmv/ord.single family condominium moratorium I r .....,"'J~ WHEREAS,the City Council finds that additional time is necessary to carefully consider and adopt the appropriate regulation(s)that will avoid the above described subversion of the City's zoning and subdivision regulations in multi- family zones; and, WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the Council to enact moratoria on land use matters to preserve the status quo while new plans or development standards are considered and prepared; and WHEREAS, absent the adoption of a moratorium,further detached single family residential development may occur in multi-family zones to the further detriment of the City, which may result in undesirable effects as described above; and, WHEREAS,the City Council finds that protection of the public health, safety, and welfare supports the adoption of a moratorium on applications for certain types of single family residential permits within multi-family zones in the corporate limits of the City of Marysville; and, WHEREAS, the City Council also desires to insure adequate time to conduct research on appropriate regulations and adequate time to receive public input on proposed revisions to the City Code; and, WHEREAS, the City desires to preserve the status quo for the protection of health, safety and welfare of the City residents, as it relates to development in Marysville until these matters are more fully considered; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The above "Whereas"paragraphs are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2.Moratorium Established. A moratorium is hereby established upon the filing and receipt of any permit application for detached single family residential construction within all multi-family zoning designations in the City unless each detached single family residence is to be constructed on an individual lot as defined in MMC 19.06.293. No such new single family residential permit application shall be accepted during the effective period of this moratorium;provided, however,that this moratorium shall not affect vested rights, if any,applicable to any such previously submitted and fully completed applications. Section 3.Emergency declared and Effective Date/Period of Moratorium. ORDINANCE 2 IW/mv/ord.single family condominium moratorium • This Ordinance and the moratorium is a public emergency measure necessary for the protection of the public health, safety, and welfare and shall be effective immediately upon adoption and shall continue in effect for six months from the date of adoption,unless earlier repealed, renewed or modified by the City Council as provided by state law. Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the effective date herein. Section 5.Severability.If any section,subsection,paragraph,sentence, clause or phrase of this Ordinance or its application to any person or circumstance,be declared unconstitutional or otherwise invalid for any reason,or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such a decision or pre-emption shall not affect the validity or constitutionality of the remaining portions of this Ordinance or its application to any other persons or circumstances. Passed ,'iY~ity Council of the City of Marysville,Washington,on this ;).'f~ day of J ,2006. CITY OF MARYSVILLE D~;(x!iJI MAYOR, DENNIS KENDALL Attest: ~~ Approved as to form:(') A/lut-Jf<.U~ City Attorney EFFECTIVE DATE:July 24, 2006 ORDINANCE 3 IWlmv/ord.single family condominium moratorium