Click here to skip to main content.
scenic picture from Washington state
RESEARCH TOOLS › SAMPLE DOCS › ORDINANCES › Ordinance No. 20X
 
City of Brier, WA ORDINANCE NO. 20X

Not an official copy.

City of Brier, WA
ORDINANCE NO. 20X

AN ORDINANCE OF THE CITY OF BRIER, WASHINGTON, DECLARING AN EMERGENCY EXISTS; ADOPTING FINDINGS IN SUPPORT OF TEMPORARY INTERIM CONDITIONAL USE CONTROLS REGARDING SECURE COMMUNITY TRANSITION FACILITIES; MAKING PROVISION FOR A PUBLIC HEARING; MAKING OTHER PROVISIONS

WHEREAS, RCW 35A.63.220 provides that the City may adopt temporary interim zoning controls, including the establishment of standards for conditional use permits; and

WHEREAS, secure community transition facilities have been found by the State to be potential land use activities to be sited as essential public facilities; and

WHEREAS, the full extent of local control and governance over secure community transition facilities has yet to be fully determined, but such facilities are clearly subject to conditional use controls governing security concerns, landscape and site development requirements; and

WHEREAS, sufficient time does not exist to obtain a recommendation from the Planning Commission with respect to specific development guidelines on security, landscape, and site development issues, in order to enact a conditional use permit review requirement immediately; and

WHEREAS, following the enactment of a temporary emergency interim conditional use control governing secure community transition facilities, the City will hold a public hearing, obtain the recommendation of its Planning Commission, and otherwise consider security, landscaping, and site development issues prior to the immediate vesting of development rights, which rights could be vested in the immediate future, without the benefit of any controls, in the event no temporary emergency interim conditional use controls were adopted; and

WHEREAS, the Council has determined an emergency exists, which could not reasonably be anticipated, to wit, the enactment of a State land use mandate requiring the citing of secured community transition facilities, as required, as essential public facilities;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRIER, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1. Temporary emergency interim conditional use permit controls for secured community transition facilities, as defined by RCW 71.09.020(10). A secured community transition facility, as defined by RCW 71.09.020(10), shall not be sited without the applicant first applying for, and obtaining, a conditional use permit. In conjunction with the application for a conditional use permit, the applicant shall demonstrate that the facility: (1) provides adequate landscaping and ground cover to sufficiently screen the facility and blend with single-family residential housing; (2) provide adequate on-site parking to accommodate the proposed use and all activities carried on in conjunction therewith; (3) provide a site development plan showing the size and location of all specific structures and proposed use of each structure, as well as architectural renderings showing the exterior and interior building configuration, design, and use; (4) provide for mitigation of off-site impacts, including glare and noise; (5) shall house no more than three (3) persons, excluding resident staff; (6) meet all of the requirements of RCW 71.09.285, and all regulations adopted by the Department of Social and Health Services.

Section 2. The Council does hereby find that an emergency exists, in accordance with the above findings, and that immediate action is necessary; this Ordinance shall be effective immediately upon passage by five (5) or more votes. The introduction and consideration of this ordinance at the initial meeting shall constitute the first public hearing, provided that the Council shall, within sixty (60) days, hold another public hearing in accordance with RCW 35A.63.220. This Ordinance shall be effective for a period of six months from date of enactment, unless renewed for one or more additional six-month periods, with subsequent public hearings and findings. This Ordinance shall be codified at BMC 17.24.010(C)(5), "Secured Community Transition Facilities." The above "Whereas" clauses of this Ordinance constitute specific findings by the Council in support of passage of this Ordinance. If any part or portion of this Ordinance is declared invalid for any reason, such declaration of invalidity shall not affect any remaining part or portion.

APPROVED:

MAYOR WAYNE E. KASKE

ATTESTED:

CITY CLERK

DRAFTED: 8/27/02

INTRODUCED: 8/27/02

PASSED: 8/27/02

POSTED: 8/28/02

PUBLISHED: 8/30/02