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Home My WebLink AboutO-2691 - Moratorium on Smokey Point subarea development applications (Special) (2)------------------------------------- , • CITY OF MARYSVILLE ORDINANCE NO.,;;{bq ( t!c -t!tnn Jf2.ur- ~8-d- fY1~5G !V-Q"~ I AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTION,ESTABLISHING A MORATORIUM ON THE FILING AND RECEIPT OF APPLICATIONS WITHIN THE SMOKEY POINT SUBAREA WHICH INCLUDE THE 20% RESIDENTIAL COMPONENT AS REFERENCED IN SECTION III OF APPENDIX "A" TO ORDINANCE NO. 2487,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 a Comprehensive Plan and associated zoning,subdivision and development regulations, which are set forth in Titles 19 and 20 of the Marysville Municipal Code, respectively; and WHEREAS, on August 25, 2003 the Marysville City Council adopted Ordinance No. 2487 amending Ordinance 2068 relating to the Marysville Growth Management Comprehensive Plan; and WHEREAS, Section III of Ordinance No. 2487 provided for the adoption of development regulations applying to the Smokey Point Subarea Plan, said Development Regulations being attached as Appendix A; and WHEREAS, Section III of said Appendix A Development Regulations relating to permitted uses and standards allows for projects exceeding sixty acres to submit a master site plan for mixed uses - a mix of commercial and residential uses, lncludinq areas where twenty percent of the gross site area may be utilized for residential uses and infrastructure; and WHEREAS, the Marysville City Council finds that the Smokey Point Subarea is not suitable for residential uses and that a mix of residential uses with commercial development would create inconsistencies and conflicts with the City's long term plans and vision for the Smokey Point Subarea; and WHEREAS,applications for master site plans utilizing the development regulations of Section III of Appendix A to Ordinance No. 2487 have not resulted in the desired mix of uses for the Smokey Point Subarea; and WHEREAS,the City Council finds that additional time is necessary to carefully consider and adopt the appropriate regulation(s)that will avoid the above ORDINANCE IWlmv/ord.moratorium.smokey point.F 1 described results caused by the City's development regulations in Section III of Appendix A to Ordinance 2487; 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 and regulations are considered and prepared; and WHEREAS,absent the adoption of a moratorium,further detached single family residential development without the associated commercial or industrial mix may occur in the Smokey Point Subarea 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 Master Site Plan developments which utilize the 20% Residential Component in Appendix A to Ordinance 2487; 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 Smokey Point Subarea Plan Component of the Comprehensive Plan; 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 the Smokey Point Subarea 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 master site plan, permit application or development plan application which includes any component of residential development referenced in Section III of Appendix A to Ordinance 2487 relating to master site plans for projects exceeding sixty acres for mixed uses - a mix of commercial and residential uses, including areas where twenty percent of the gross site area may be utilized for residential uses and infrastructure.Provided, however, master site plan applications which do not contain residential uses and infrastructure shall not be subject to this moratorium ordinance. No such new permit,master site plan or development plan application as described in the preceding paragraph shall be accepted during the effective period of this moratorium;provided, however, that this moratorium shall not affect ORDINANCE /W/mv!ord,moratorium,smokcy point.F 2 --------------------------------- vested rights, if any,applicable to any such previously submitted and fully completed applications. Section 3.Emergency declared and Effective Date/Period of 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.Work Plan. In order for the moratorium established herein to be effective for up to one year from the date of adoption, the City shall allocate the necessary staffing resources to prepare a work plan to address the issues in this Ordinance, and the City shall implement such a work plan which shall include a Comprehensive Plan docket revision which shall come before the Marysville Planning Commission in due course with other matters docketed for Comprehensive Plan revisions in 2007. Section 6. 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~ty Council of the City of Marysville,Washington,on this I q~ day of , 2007. CITY OF MARYSVILLE l;,;z ;/,j}/ MAYOR, DENNIS KENDALL ORDINANCE IWlmv/ord.rnoratorium.smokey point.F 3 Approved as to form: A~t<·[Jvd City Attorney EFFECTIVE DATE: ORDINANCE IWlmv/ord.moratorium.smokey point.F March 19,2007 4