CITY OF OCEAN SHORES ORDINANCE NO. 972

Transcription

1 CITY OF OCEAN SHORES ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, GRAYS HARBOR COUNTY, WASHINGTON, ADOPTING FINDINGS OF FACT AND CONCLUSIONS TO SUPPORT AN EMERGENCY MORATORIUM TO THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT OR REDEVELOPMENT, INCLUDING, BY WAY OF EXAMPLE ONLY, THOSE RELATING TO THE DIVISION OF LAND OR ISSUANCE OF BUILDING PERMITS, FOR SAID PROPERTIES, GENERALLY DESCRIBED AS BLOCK 1, DIVISION 19 AND 19A UNTIL THE CITY FINISHES THE PROCESS OF ANALYSIS AND STUDIES RELATING BEACH EROSION FOR THE AREAS SUBJECT TO THIS MORATORIUM,AND CONFIRMING THE MAINTENANCE OF THE MORATORIUM FOR SIX MONTHS AFTER INITIALIMPOSITION AS THE EFFECTIVE PERIOD. WHEREAS, Ordinance No. 971 provided that the City of Ocean Shores would hold a public hearing on the emergency moratorium on March 28, 2016, in order to considerthe adoption of findings justifying the moratorium; and WHEREAS, the hearing was held as scheduled and, after considering all the testimony, if any, received at the hearing, the City Council determined to adopt the findings of fact set forth in this ordinance; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City justify the imposition of the Moratorium; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Adopting Findings of Fact. As required by state statute, RCW 36.7OA.39O and 35A , the City Council hereby adopts the following findings of fact to justify the moratorium established by Ordinance No Page 1 of5 Ordinance No. 972

2 On January 9, 2015, the Mayor signed an Order Proclaiming an Emergency in the City of Ocean Shores due to significant potential damage to public and private property and infrastructure, as well as the potential for bodily injury and or death to individuals caused by strong storms, high surf, and heavy soaking rains and the resulting erosion hazards, flooding and related hazards during the October through April storm season. The storm season of has been more severe with stronger storms, frequent higher than normal tides, very large swells, and even heavier soaking rains resulting in more severe erosion and the higher risk for damage to public and private property and infrastructure, as well as the potential for bodily injury and or death to individuals. The resulting coastal erosion has removed up to sixty feet of shoreline between the North Jetty and Beach Street, located within the area described in City plats as all of Block 1 of Sections 19 and 19A (hereinafter, the Affected Shoreline Lots ) leaving structures and individuals in potential danger, and significantly affecting the beach contours and depth of the Affected Shoreline Lots. It would be beneficial to the proper development of the Affected Shoreline Lots for the City to authorize the performance of appropriate analysis and study as to the proper development of said properties in conjunction with the current review and update of the City s Shoreline Master Plan, providing benefits to the City of Ocean Shores and its residents, including those who may now or hereafter occupy those properties, subject to this moratorium. It would be beneficial to the owners of said property and to the residents of the City for the City, in cooperation with said property owners, City residents, and other agencies working on behalf of the City, to develop a more specific plan for the development of said properties. If individual development proposals on the Affected Shoreline Lots are allowed to be filed and processed without prior shoreline master planning taking place, such filing and processing could lead to development and land uses which would neither be consistent with the goals, policies, or recommendations of the Comprehensive Plan, as now existing or hereafter amended, nor facilitate the efficient, effective, integrated and optimum development potential of the land located within the City of Ocean Shores. The Affected Shoreline Lots have been identified as areas of the City of Ocean Shores that may be subject to extensive saltwater inundation in the event of the breach of the primary dune. Page 2 of 5 Ordinance No. 972

3 h. if the owners of individual parcels of property within the area described above are allowed to file for, and the City commenced the processing of development proposals or building permits without additional shoreline master planning first taking place and being adopted by the City, such development may have a substantially negative impact on the properties themselves, as well as remaining properties within the area and upon the economic development of the City in general. i. It is necessary for a coordinated plan for development, taking into account the continuing pattern of beach erosion and other planning elements to be developed through the joint efforts of the City and the property owners within the area described above. j. A temporary prohibition against the acceptance by the City of development applications, including, but not limited to, applications for the division of land and for building permits for said properties, will not unreasonably detrimentally affect said properties. k. Steps are currently underway to determine the environmental review of a permanent solution to sand and beach erosion with the aid of State and or Federal grants. l. Seasonal storm activity during and has again emphasized to the City the need for a coordinated plan for development, taking into account the continuing pattern of beach erosion and other planning elements for the area described above. m. A time period of six (6) months is an appropriate time during which updating of the Shoreline Master Plan may occur, review of zoning classifications be undertaken, further progress made on the environmental impact statement for the long-term solution to beach erosion, a master plan can be developed and proposed to the City Council for adoption, and other analysis and studies can be completed. Section 2. Duration of Moratorium. For the reasons set forth in the foregoing findings, the emergency moratorium established by Ordinance No. 971 shall remain in effect through August 22, 2016 or at the time all of the tasks described herein have been accomplished, whichever is sooner, unless earlier terminated by action of the City Council. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. The moratorium may also be extended as provided by law. Page 3 of 5 Ordinance No. 972

4 Section 3. Based on these findings of fact, the City of Ocean Shores hereby affirms the six month moratorium on all applications for division of lands, (including by way of example and not limitation, platting requests), or for land use or development (including by way of example and not limitation, rezones, conditional uses, variances, or building permits), or applications of any kind or nature that would result in any vesting of development, zoning, or similar rights, as that is provided under the laws of this State, for the Affected Shoreline Lots. Section 4. This Ordinance shall not be codified in the Ocean Shores Municipal Code. Section 5. Pursuant to Ocean Shores Municipal Code, Chapter this Ordinance may be proposed and adopted upon one reading. Section 6. Pursuant to RCW 36.70A.390 and RCW 35A , the City Council has held a public hearing on this moratorium on March 28, 2016, within sixty (60) days of adoption of the moratorium. Immediately after the public hearing, the Council has adopted these findings of fact on the subject of this moratorium justifying its continued imposition. Section 7. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. The City Council hereby adopts the findings of fact herein and affirms that an emergency exists necessitating that Ordinance 971 remain in full force and effect as provided herein, and that the same is not subject to a referendum (RCW 35A ). Without the moratorium on the City's acceptance of development applications for property, such applications could become vested, leading to development that could be incompatible with the codes eventually adopted by the City. Therefore, the moratorium had to be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of a flood of applications to the City in an attempt to vest rights for an indefinite period of time. This Ordinance does not affect any existing vested rights, nor will it prohibit all development in the City, because those property owners with exempt applications or permits, those with previously obtained approvals for development or redevelopment may proceed with processing and development, as the case may be. Section 9. This Ordinance shall be published by an approved summary consisting of the title. Page 4 of 5 Ordinance No. 972

5 Section 10. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 9, as long as it is approved by a majority plus one of the entire membership of the Council, as required by ROW 3 5A.12. l30. THlS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 28th day of March V ~~ Crystal ATTEST: ;2Q\ Ma L; Dingler, Rachel D, Carl, CMC, City Clerk /RE IEWED ND APPROVED BY; érent Dille, City Attorney Page 5 of 5 Ordinance No. 972