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HomeMy WebLinkAboutO-2709 - Adopts 2007 City Initiated Amendment Request No. 2 to the comprehensive plan (Special)------------------- CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.J-7Cff AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON AMENDING ORDINANCE NO.2569 AND THE MARYSVILLE GROWTH MANAGEMENT COl\IPREHENSIVE PLAN BY APPROVING 2007 CITY INITIATED AMENDMENT REQUEST NO.2,REGARDING REZONES OF PROPERTY AT THE EDGES OF LAND USE DISTRICTS,PURSL;ANT TO THE CITY'S ANNUAL AMENDMENT AND L;PDATE PROCESS. \\'HFRF:\S,on ,\pril 27,20U5 the Marysville City Council enacted Ordinance No.2569 adopting an updated Growth l\1an:lgcment Comprehensive Plan ("Comprehensin'Plan")for the City of Marysville:and WIIERL-\S,the Growth .lI,lanagemctlt Act allows junsdicrions to amend comprehensive plans once a year,e:\cept in those situations enumerated in RC\\':%,70.\,130(~)(a);and \\'l-lEREAS,on January 27,1997 the Marysville City Council adopted Resolution 1\'0.1839, providing for procedures for annual amendment and update of the City's Comprehensive Plan;and \VlIERE.\S,on l\hy 27,2()02 the Marysville City Council adopted Ordinance No.2406, adding Chapter 18.10 of the Marysville Municipal Code (:'II\1C)entitled "Procedures For l.cgislauve .Yctions"whicb establishes procedures for processIng and review of lcgis1arive actions relating to amendments or re\'1S10n to the Comprehensive Plan and Development Regulations;and \\HERL\S,the ~007 Comprehensive Plan amendments include City Initiated Amendment Request ti>,which proposes to revise the 1.and Usc Element's current language regarding rezones of property at the edges ofland usc districts;and \VHJ·~REAS.on -'ulv ~,~007,the City Issued Addendum #11 to the em'ofMarysville Comprehensive Plan Update final Environmental Impact Statement and previously Issued addenda, which Addendum #11 addresses the environmental Impacts of Cit)'Initiated Amendment Request #~,a non-project proposal;and \'rJ-lI .KE.-\S,the Cirv has submitted the proposed ~()07 Comprehensive Plan amendments to the \'X'ashington State Department of Trade,Cornmuuitv,and Economic Development (or its revrcw;and \\J IERL\S,the Marvsville PIanlllllg Cornrnission,after review of the proposed ~007 Comprehensive Plan amendments held public workshops on Junc ~(j,~()07 and [ulv to,:wcn and held a public heanng on July ~'k ~007 and received testimony from proptrty owners,staff and other interested parties following public notice;and \\'Hl\RF.-\S,on October 2~,2007 the Marysville Cnv Council reviewed the Planmng Commission's rc comrncndmion rdating to the proposed 2007 Comprehensive Plan amendments and lield a public hearing and received testimony from ptoperty ov'ucrs,staff and other intcrc,;\ed parries following public notice; Ordinance - 2007 Comp Plan Amendment #2 NO\\',THFREFORE,TilE c.nv COUNCIl,Or-TI IF (TIl'OFl\L\RYSVIJJ.E, \Xr-\'SJ-ffJ"..:CTON DU ORD.\IN :\S !-,'OLLO\X'S: Section I.The Citv Council finds that 2(1(17 City Initiated .vmcndrncnr Request 42: 1,IS intcrnallv consistent with the Cttv's Comprehensive Plan; ')IS consistent with the State Growth .\fanagement .Yct; 3,complies with the State Er1\'lf()Ilrnental Policv .\ct;and ..J-.i~in the rntcrcst of the public health,safety,and welfare. Section 2,The Citv Council hercbv amends the Land Use Elcrncrit of the Marysville Growth.,. ;\-1an:lgcment Comprehensive Plan by adopting 2l!U7 City Initiated .-\mendment Request #2 as set for th in the July 13,2(107 staff report,which is ,Ittachcd heret0 a s r~:--;hihit .\,This amcndrncnt shall be included with the Comprehensive Plan [ilcd in the office of the City Clerk and shall be available for public inspection. '?+APASSEDbytheCityCounciland;\PPRO\-TD by the \lay'or this l~day of I./~.I~'O:'~_'_(,_'__..~_.,21)(J7, CITY or l\L\RYSVIJJ.E Bv:J w:/Y DENNIS I<ENDALL,hI:\YOR By: ,\ppnRcd as to forrn: By:!JJ--rNJ-j(",L-.Jy;rV JC;R:\NT K.WEED,ClT'I",\'-----'n-'O-R-:t'\-T-.:,....-,- Date of I'uhlication:'"JZI/O""11 I.tfcctivc Date:5 1)\'.S I'I{('\!J)\11:(>1'l'l'IJUI .\TI\IN Ordinance 2007 Camp Plan Amendment #2 ---------------------------- Exhibit A PLANNING STAFF REPORT ON REQUEST FOH AMENDMENT TO THE CITY or MARYSVILLE COMPREHENSIVE PLAN CITY INITIATED AMENDMENT REQUEST #2 The following is a review ora staff-initiated request fur an amendment to the City of Marysville Comprehensive Plan. File No.: Date of Report: Nature ofRequest: I.EVALUATIOn A.Request PA 07043 6/22/07 Comprehensive plan text amendment to Page 4-6 of the Comprehensive Plan regarding rezones 10 bordering zones. Page 4-6 ofthe City ofMarysvi lie Comprehensive Plan states "Properties at the edges of land use districts can make application to rezone property fOT the bordering zone.without applying for a comprehensive plan amendment.However the burden of proof is on the applicant to demonstrate the basis for the rezone.The factors tor a zone reclassification are identified in Marysville Municipal Code." Planning stall had recommended this language contemplating situations where land use edges were indistinct and felt that this provision could be used in minor cases where an edge could be shifted due to ownership.topography or access.To date,the provision has been used consistent with this intent.This allows property owners to address these corrections outside ofthe normal comprehensive plan amendment cycle. However,as awareness ofthis provision has grown,staff has received more inquiries where the edge rezones would represent large adjustments of land use districts on an edge,notjust the edge itselfas contemplated Large scale adjustments of land usc districts shou ld occur through the amendment cycle as presumed and required under the state Growth Management Act.The currently phrased text provision has become a concern as it could subvert the City's comprehensive plan process for public review which enables a comprehensive analysis of land use changes in the overall plan context. Staff is recommending revising the text to narrow the use of this prOVISIon to scope of rezones along edges outside a comprehensive plan amendment process. would be as follows: limit size and The language 0711312007 - I - "Property at the edges of land usc districts can make application to rezone property to the bordering zone without applying for a comprehensive plan amendment if the proponent can demonstrate: I)The proposed land use district will provide a more effective transition point and edge for the proposed land use district than strict application of the comprehensive plan map would provide due to neighboring land uses,topography,access,parcel lines or other property characteristics;and 2) The proposed land usc district supports and implements the goals,objectives,policies and text of the comprehensive plan more effectively than strict application of the comprehensive plan map;and 3) The proposed land usc change will not affect an area greater than 10 acres,exclusive of critical areas." U.Conformance with SEPA The comprehensive plan amendment request was reviewed and processed in accordance with Title 18,City of Marysville Environmental Policy Ordinance and Chapter 197-11 WAC, State Environmental Policy Act (SEPA). REVIEW &A:-iALYSIS: I)The proposed text will provide guidance for rezones consistent with the intent ofthe City's comprehensive plan map and policies. 2) The proposed text will require larger proposals to be submitted under the comprehensive plan amendment process and enable analysis of land use changes in the context ofthe comprehensive plan land use analysis,and its goals and policies. 3)The text will continue to allow site rezones outside the annual amendment or update process ifit is limited in size and scope and demonstrates a more effective land use edge for the designation. RECO/'rf,HENDA TlO/",': Revise the plan text as proposed above. 07!l 3/2007 - 2 -