Ordinance 2106-95 - Laserfiche WebLink

• • • ,4EidagERETT ORDINANCE NO. 2106-95 AN ORDINANCE amending the Zoning Code, Ordinance No. 1671-89 (as amended), Title 19 EMC; establishing a moratorium on the acceptance of applications for land use permits and building permits for jails, correctional facilities and certain Class II group-care homes; and declaring an emergency to exist. WHEREAS, the City Council does find: 1. Cities have the right and duty to enact laws for the protection of the public health, safety and general welfare. 2. Within Everett there exist several correctional type facilities. 3. Under the City's Zoning Code, correctional type facilities include jails, correctional facilities and Class II group-care facilities. 4. Everett has a disproportionate share of these facilities in relation to the County and most other cities within the County. 5. Everett's Comprehensive Plan provides that essential public facilities that serve a County-wide, regional or Statewide need shall not be permitted unless the proponent demonstrates that other communities have accepted a fair share of essential public facilities [Policy 1.10.4]. 6. Correctional type facilities including jails, correctional facilities and Class II group-care homes are essential public facilities serving a County-wide, regional and Statewide need. 7. In implementing its comprehensive plan through an amendment to the City's Zoning Code, the City intends to restrict the location of such facilities and to require that applicants demonstrate that the County and other cities within the County have accepted their fair share of such facilities before Everett accepts additional facilities. 8. RCW 36.70A.106(1) requires that the City provide the State sixty (60) days notification prior to the City's adoption of development regulations, which notice has been provided in the case of the proposed amendment to the City's Zoning Code concerning the siting of jails, correctional facilities and Class II group-care homes. 1