HomeMy WebLinkAboutO-2969 - Moratorium on master planned senior communities (Repealed by 2980)CITY OF MARYSVILLE
ORDINANCE NO.~?
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE
FILING, RECEIPT AND PROCESSING OF APPLICATIONS FOR
ALL PERMITS AND DEVELOPMENT PLAN APPROVALS, FOR
MASTER PLANNED SENIOR COMMUNITIES PURSUANT TO
MMC CHAPTER 22C.220; PROVIDING FOR SEVERABILITY,
SETTING A PUBLIC HEARING , DECLARING AN EMERGENCY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Marysville has adopted zoning and development
regulations for planned senior communities pursuant to MMC Chapter 22C.220;
and
WHEREAS, the City Council finds that additional time is necessary to carefully
consider and review the subject regulations for consistency with the intended
purposes for which such regulations were originally adopted; and
WHEREAS, RCW 35.63.200 and RCW 36.?0A.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, applications for development
and permits may be submitted pursuant to MMC 22C.220 to the detriment of the
City, which may result in undesirable effects such as loss of key commercial
corridors and employment capacity to residential uses; and ,
WHEREAS, since passage of the original ordinance in 2011, the provisions of
MMC 22C.220 have not been utilized in a development proposal and City staff
has received inquiries concerning proposals not wholly consistent with the
original intent of the ordinance to facilitate a full service continuum of care
approach which was envisioned in the provisions; and,
WHEREAS, the City Council finds that protection of the public health, safety, and
welfare supports the adoption of a moratorium on all development applications
pursuant to MMC 22C.220; 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 MMC 22C.220; and,
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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
projects under MMC 22C.220 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, receipt and processing of all permit applications or development plan
applications pursuant to MMC 22C.220 within the City of Marysville.
No such new permit or development plan application shall be filed, accepted or
processed 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. Declaration of Emergency. The City Council hereby declares that
an emergency exists necessitating that this ordinance take effect immediately
upon passage by a majority vote plus one of the whole membership of the
Council, and that the same is not subject to a referendum (RCW 35A.12.130).
Without an immediate moratorium on the City's acceptance of development
applications pursuant to MMC 22C.220, said developments could locate and
develop in a manner incompatible with the codes eventually adopted by the City.
Therefore, the moratorium must be imposed as an emergency measure to
protect the public health, safety, and welfare.
Section 4. Public Hearing to be Held. A public hearing before the City Council
on the issue of the moratorium shall be held no later than sixty (60) days after the
effective date herein and is hereby set for October 27, 2014.
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.
Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW
36.?0A.106, a copy of this interim ordinance shall be transmitted to the
Washington State Department of Commerce.
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Section 7. Publication. This ordinance shall be published by an approved
summary consisting of the title.
Section 8. Effective Date. This ordinance shall take effect and be in full force
and effect immediately upon passage as long as it is approved by a majority plus
one of the entire membership of the City Council, as required by RCW
35A.12.130; provided however, that unless extended by act of the City Council,
this ordinance shall automatically expire six (6) months following its adoption.
Passe~uncil of the City of Marysville, Washington, on this 8 fl,,
day of , 2014.
CITY OF MARYSVILLE
Approved as to form:
~ ~·,....,~ 1 Grant K. Weed, City Attorney
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