Loading...
HomeMy WebLinkAboutO-2452 - Adds Sec. 19.06.496 and Ch. 19.55; amends Sec. 19.08.100, zoning (Repealed by 2852),-------------------------------------------- c.6:I?"""~,,~~:t<:.~;;;~__;.:---;7 ,~~ tf1Ma'.~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.c2'1s;J... AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON ADDING A NEW SECTION MMC 19.06.496 DEFINING THREAT TO THE COMMUNITY AND ADOPTING A NEW CHAPTER 19.55 SITING PROCESS FOR ESSENTIAL PUBLIC FACILITIES,AMENDING THE TABLE OF PERMITTED USES IN 19.08.100A AND ADDING A FOOTNOTE 7 TO 19.08.100B TO PROVIDE FOR A CONDITIONAL USE FOR SECURE COMMUNITY TRANSITION FACILITIES IN A PART OF THE CITY. THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section I.A new section MMC 19.06.496 Threat to the community is hereby enacted reading as follows: 19.06.496 Threat to the community. "Threat to the community" means a tendency which constitutes a direct threat to the health or safety of other individuals or a tendency which would result in substantial physical damage to the property of others. This term shall be interpreted in accordance with the provisions of and judicial interpretations of the Federal Fair Housing Act amendments, 43 USC Section 3604(1)(9),as the same exists or is hereafter amended. Section 2. A new Chapter 19.55 MMC Siting Process for Essential Public Facilities is hereby enacted: Chapter 19.55 SITING PROCESS FOR ESSENTIAL PUBLIC FACILITIES Sections: 19.55.010 Purpose and applicability 19.55.020 Conditional use permit required 19.55.030 Siting process initiation 19.55.040 Optional site consultation process 19.55.050 EPF conditional use permit procedure Iwpf/mv/ord.pubfac 19.55.060 Independent consultant review 19.55.070 Decision criteria 19.55.080 Permit approval 19.55.090 Reconsideration and optional advisory reviewprocess 19.55.100 Building permit application 19.55.010 Purpose and applicability (1)This chapter establishes a siting process for essential public facilities (EPFs) that are difficult to site. (a) An EPF is any facility owned or operated by a unit of local or state government, a public utility or transportation company, or any other entity that provides a public service as its primary mission. Examples of EPFs include those facilities that are difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and secure community transition facilities as defined in RCW 71.09.020. (RCW 36.70A.200) Essential public facilities such as in-patient facilities including substance abuse facilities, mental health facilities, group homes, etc., which are defined in accordance with the provisions of and judicial interpretations of the Federal Fair Housing Act amendments, 43 USC Section 3604(t)(9), and the Washington Housing Policy Act, RCW 43.I 85B.005(2), as the same exists or is hereafter amended, are exempt from this chapter. (b)An EPF may be difficult to site if it requires a unique type of site, is perceived by the public as having significant adverse impacts, or is of a type that has been difficult to site in the past. Health and social service facilities that house persons who constitute a threat to the community as defined in Section 19.06.496 MMC are automatically determined to be difficult to site. (2) This siting process is intended to ensure that EPFs, as needed to support orderly growth and delivery of public services, are sited in a timely and efficient manner.It is also intended to provide the city with additionally regulatory authority to require mitigation of impacts that may occur as a result of EPF siting. Finally, it is intended to promote enhanced public participation that will produce siting decisions consistent with community goals. 19.55.020 Conditional use permit required. (1)Any EPF that is determined to be difficult to site shall be a conditional use in all zones in which it is listed as a permitted or conditional use in the use matrix, chapter 19.08 MMC.In the event of a conflict with chapter 19.08 MMC, the provisions of this section shall govern. (2) An EPF that is difficult to site must satisf'y the requirements of Section 19.54.050MMC and the requirements of this chapter. 19.55.030 Siting process initiation. The siting process required by this chapter may be initiated by the project sponsor or bythe department. (1)Sponsor initiation. Iwpflmv/ord.pubfac .' (a) Before applying to site an EPF, a project sponsor may request review under this siting process by submitting a letter to the department that describes the project proposal and whyit may be difficult to site. (b) The department shall transmit the sponsor's letter to the hearing examiner and to Snohomish County Tomorrow (SCT), who may prepare an advisory recommendation on the issue of whether the EPF is difficult to site. (c) Within 90 days of receiving the sponsor's letter, the hearing examiner shall hold a hearing to determine whether the facility is difficult to site, using the criteria contained in 19.55.010(1)(b).If the examiner determines that the proposed EPF is difficult to site, the project shall be reviewed under the conditional use permit process established in this chapter. (2) Department initiation. (a)If the department receives a permit application involving an EPF that is believes difficult to site, it shall inform the applicant that it cannot accept the application for processing and prepare a memorandum requesting a hearing examiner determination on whether the EPF will be difficult to site. (b) The department shall transmit this memorandum to the SCT and the hearing examiner, who shall hold a public hearing under 19.55.030(l)(c). (c) If the project sponsor and the department agree that the proposed project will be difficult to site, a hearing under MMC 19.55.030(1)(c) will not be required, and the proposal may proceed directly to the conditional use permit procedure described in 19.55.050. 19.55.040 Optional site consultation process. Prior to submitting a conditional use permit application, an EPF sponsor may initiate optional site consultation with the SCT Planning Advisory Committee and/or SCT Infrastructure Coordinating Committee. The consultation process, while not required, is encouraged as a means for project sponsors to present facility proposals, seek information about potential sites, and propose possible siting incentives and mitigation measures foraffectedjurisdictions. 19.55.050 EPF conditional use permit procedure. (1)The approval process for an EPF conditional use permit shall require a public hearing in front of the Hearing Examiner. (2) The conditional use permit application shall include a public participation plan designed to encourage early public involvement in the siting decision and in determining possible mitigation measures. (3) In addition to the conditional use permit application fee, an additional fee of $1000 shall be required for the additional costs associated with review of the application under the criteria established in 19.55.070MMC. /wpf/mv/ord.pubfac ",.. 19.55.060 Independent consultant review. (1) The department may require independent consultant review of the proposal to assess its compliance with the criteria contained in 19.55.070. Health and social service facilities that house persons who constitute a threat to the community as defined in section 19.06.496 MMC, independent consultant analysis shall be required to assess whether the proposed facility is located, constructed and operated in a manner that substantially reduces or compensates for adverse impacts on public health and safety. (2) If independent consultant review is required, the sponsor shall make a deposit with the department sufficient to defray the cost of such review. Unexpended funds will be returned to the applicant following the final decision on the application. 19.55.070 Decision criteria. An application for conditional use permit approval for any essential public facility determined to be difficult to site must comply with conditional use permit requirements of MMC 19.54.050, any applicable requirements for the proposed use, and the following additional site decision criteria: (I)The project sponsor has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed. (2) The sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology. (3) The project is consistent with the sponsor's own long-range plans for facilities and operations. (4) The sponsor's public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project's scope. (5) The project will not result in a disproportionate burden on a particular geographic area. (6) The project is consistent with the city's comprehensive plan. (7)The project site meets the facility's minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on- site mitigation needs. (8) The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses. (9) The sponsor has proposed mitigation measures that substantially reduce or compensate for adverse impacts on the environment. (10) In the case of Health and Social Service facilities that house persons who constitute a threat to the community as defined in 19.06.496 MMC, the sponsor has proposed mitigation measures that substantially reduce or compensate for adverse impacts on public health that safety. Iwpf/mvlord.pubfac 19.55.080 Permit approval. If the project sponsor demonstrates compliance with the review criteria listed in MMC 19.55.070 and satisfies the requirements for a conditional use permit in MMC 19.55.050 and other applicable requirements, the conditional use permit application shall be approved. 19.55.090 Reconsideration and optional advisory review process. (I)Reconsideration of the examiner's ruling may be requested as provided in MMC 15.09.060, except that a project sponsor may also request review by an advisory board appointed by SCT. Such a request shall stay the reconsideration period until SCT review is complete. (2) The advisory board shall complete its review within 60 days of receipt of the request. The SCT advisory board shall not have the authority to overturn a decision, but if the board finds the decision does not accurately reflect the evidence provided by the project sponsor, it may remand the decision to the hearing examiner. (3) Upon receipt of the advisory board's recommendation, the examiner shall have an opportunity to reconsider the decision in accordance with MMC 15.09.060. (4)If the project sponsor demonstrates compliance with the review criteria listed in MMC 19.55.070 and satisfies the requirements for a conditional use permit in MMC 19.54.050, and other applicable requirements, the conditional use permit application shall be approved. 19.55.100 Building permit application. (I)Any building permit for an EPF approved under this chapter shall comply with all conditions of approval in the conditional use permit. In the event a building permit for an EPF is denied, the department shall submit in writing the reasons for denial to the project sponsor. (2) No construction permits may be applied for prior to conditional use approval of the EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the department's acceptance of the construction permit applications. The applicant shall expressly accept all financial risk associated with preparing and submitting construction plans before the final decision is made under this chapter. Iwpf/mv/ord.pubfac ,. r:.~ Chapter 19.08 Permitted Uses II d1908100A R .. . .esiona an uses ~PECIFIC LANDUSE I I RU R4.S-8 R12-28 NB CB bc DC MU BP LI bl ail r-r-C r Regional stonnwater managcmen r C r C r:C l.,C r: facilitv PublicAgencyAnimalControlFacility C r P r PublicAgencyTrainingFacilirv CI CI rl r1 C2 Non-hydroelectric Generation Facility C C r C C r C r Energy Resource Recoverv Facility ('r Soil RecyclinglJncineration Facilitv r C k; SolidWastc Recycling r r 'Transfer Station Ir r:Ir Wastewater Treatment Facility Ir r "Transit BusBase r p TransitParkand Pool lot IP P P P P r P r IP P P TransitParkand Ride Lot Ir C r P P r P r II'P P ScboolBusBase 1r3 C3 1r3 r: r:Ir p Racetrack r rs IrS rS ('S rs p Faircround C P P r ~oolWildlife Exhibit C6 C Ir ~tadiumlArcna Ir r r Irollege/Universitv C C C C p P P P p p r Isecure Community Transition Facilities "7 19.08.100 B DEVELOPMENT CONDITIONS. I.Except weapons armories and outdoor shooting ranges. 2.Except outdoor shooting range. 3. Only in conjunction with an existing or proposed school. 4. a. Limited to one satellite dish antenna. b. Limited to tower consolidations. 5. Except racing of motorized vehicles. 6. Limited to wildlife exhibit. 7. Limited to land located along east side of 47th Ave NE alignment, in the east halfofthe northeast quarter of Section 33,Township 30N, Range 5E, W.M., and in the northeast quarter of the southeast quarter of Section 33,Township 30N, Range 5£,W.M., and land located east side of SR 529, north of Steamboat Slough, south and west of Ebey Slough (aka TP#300533-002-004 -00) and in the NW and SW quarters of Section 33,Township 30N, Range 5E, WM as identified on the Exhibit A, attached to the ordinance codified in this section. Iwpf/mv/ord.pubfac " " "tt. PASSED by the City Council and APPROVED by the Mayor this 2~day of October,2002, CITYOF MARYSVILLE By_r2J WAUt1 DAVID A.WEISER,Mayor AITEST: Approved asto form: By u/vvd:!C.W GRANT K.WEED,CityAttorney Dateof Publication:i{-Co -0 z.. EffectiveDate(5 daysafter publication):~ Iwpf/mv/ord.pubfac Secure Community Transit Facilities Recommended Sites i- ...J II ·w 0 <{0urwoOJ 7TH 8T 7TH 8T >6TH 8 w ur >>>-c <{ ::f 5TH 8 II ZWz 2 0 :J...J :J <{a 0o 3RD 8T 1m)Proposed Sites 64TH8T w><{ c '.,) .:r-....._- I !