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HomeMy WebLinkAboutO-2716 - Adopts 2007 Citizen Initiated Amendment Request No. 1 to the comprehensive plan, rezone (Special) (2)CITY OF MARYSVILLE Marysville,Washington ORDINANCE No.J7/& AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON AMENDING THE MARYSVILLE GROWTH MANAGEMENT COMPREHENSIVE Pf....A1\,T,THE OFFICIAL ZONING MAP,ORDINA1\"CES NO.2131 AND 2569, AS AMENDED,AND TITLE 19 MMe,BY APPROVING 2007 CITIZEN INITIATED AMENDMENT REQUEST NO.1,WHICH AMENDS THE COMPREHENSIVE PlAN'S LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 4.716 GIST ST NE FROM HIGH DENSITY SINGLE FAMILY TO NEIGHBORHOOD BUSINESS.AND REZONES SAID PROPERTY FROM R-6.5 TO NB (NEIGHBORHOOD BCSINESS),PURSUAN'f TO THE CITY'S ANNUAL MIENDMENT AND UPDATE PROCESS. \,\'J IFRF.\S,on April 27,2(J05 the Marysville Cirv Council enacted Ordinance No,2569 adopting an updated Growth .\hnagcmcnt Corop-chcnsivc Plan ("Comprehensive Plan")for the City of Marvsvillc;and \VI IERE.-\S,the Growth Management Act allows [unscitcuons to amend comprehensrve phn~once a year,except III those situations enumerated 10 RC\\36.70:\.UO(2)(3),and Will :RJ'~.\S,on JalllJ:1ry 27,199/the \farysdle City CounCJ1 adopted Resolution No.1839, pro\'lding for procedures fur annual amendment and update of the Ctry\Compruhensivc Plan;and \\'J lEl{F.-\S,on \fay :!.:,2002 the \l:1rysville City Council adopted Ordinance Nu.140G, adding Chapter lR 10 of the Marysville Municipal Code (I\[\1C)entitled "Procedures l-or IA::glsbtive Actions"which establishes procedures for proces strn;and review of lcglslati\·e acuons relating ro amendments or revision to the Comprehensive Plan and Development Regulations;and WIIERL.-\S,the 2007 Comprehensive P!::m amendments include Citizen Initiated Amendment Requr-sr #1,vvluch proposes to revise the Comprebcnsrvc Plan's Land U~e 'vlap designaLion for property described III the attached Exhibit A,which 15 located at rIG ul"ST 1'\F, from Jligh Dcnsirv Single hlmily to NeIghborhood Business and 1.0 rezone said properly from R-6.S ro I'\B (Neighborhood Business);and WI JEHE.\S,on j unc 1H,2007,the City issued 3 State Environmcm Policv .Ycr Dctcrrmnation of 1'\on-significance (D.t\S),which addresses rhc environmental impacts ofCitizen Initiated Amendment Request ttl,a nUll-project proposal;and \\"lIERE;\S,the CJ(~(has subnuned the proposed 2007 Comprehensive Plan Land Usc J\1ap and Official 7.onine iVhp amendments to the \\'ashingron State Department ofTrade,Conununirv, and Economic Development for irs review;and - \\'1 jJ ],1"\S,the Marvsvillc Planmng Commission,after review of the proposed 2007 Comprehensive Pinn j .and L'sc Map and Official Zoning Map amendments,hdJ public workshops on June 2(J,1007 and July 10,2007 and held a public hearing on .Iuly 2"1,2007 and received tcsnmonv from property owners,staff and other interested panics follo\ving public notice;and \'XTIFREAS,on October 22,ZU07 the Marysville City Council reviewed the PlannlI1g Commission's recommendation relating to the proposed 2007 Comprehensive Plan Land Lise Map and Official Zoning Map amendments and held a public hearing and received testimony from proptrly owners,staff and other interested parties following public notice; NOW',TIIEREFORE,THE CITl:'COL:NCIL OF THE CIn'01"i\L\RYS\'ILLE, \VASI !I]\J(;TON DO ORDAIN "\S FOLLOWS: Section 1.The City Council hereby finds that ZU07 CItizen Iniuarcd Amendment Request #L 1,is con-i-rent with the City's Comprehensive Plan and Zoning Code, 2 is consr-tent wilh the Slate Orowth :'>fall',lgement.-\ct and the State Environmental Policy .\cl; 3.is w.umritcd by signlflcUlt changes III cucumstanccs,and ,l.is warranted bv sufficient benefit or cost to the public health,safety,and welfare Section 2.The City Council hereby amends the Marysville Growth Management Comprehensive Plan aod Ordmancc 2%9,as amended,by adopting 2007 Citizen Initiated Amendrncnr Request #1,which amends the land use designation for the propntl/described in the attached Exhibit A from High Density Single Lundy to Neighborhood BUSiness and amends Figure .:1--2 of the Land Lsc Element as set forth in the attached Exhibit B,provided that this amendment lS subject 10 the condition(s)set forth in the attached Exhibit C.This amendment shill!be included wirh the Cornprebensive Plan filed in the office of the City Clerk and shall be available for public rnspccuo». Section 3.The City Council hereby amends the City's Official 7.oning Map,Ordinance 2131, as amended,and Title 19 1\11\IC,by adopting Z007 Citizen Initiated Amendment Request #1,which rezones the propcrrv described in the attached Exhibit A from R-u.s 10 NB (Neighborhood Business)..h shown In the m:lp attached hereto as Exhibit B,provided that this amendment is subject to the conditionsts)set forth in the attached Exhibit C.This amendment shall be arrested by the slgn:lture of the 'vtavor and City Clerk,with the seal of the municipalitv affixed,shall be included with rne Official /.oning "-lap on file in the office of the City Clerk,and shall be available for public tnspecuon. 3"),P,\SSED by the City Council and :\PPR(JVED by the Mayor this .L.::2__day of CITY or \IA.RYSVILLE By: Ordinance -2007 Comp Plan Amendment Citizen #1 :\Itt's 1. Bv: ).:;<\(~ -Dfi'J"lI\'}5 KE:<;JDALL,1\1,\0 'i OR .....)::'.1 "r:»,M,,-,oV'P.-(/I~ Approved as to form: I ' (, 1,12-'/0" C-J~'K.LJ~~,-~ GR.i\NT K.\\'EED,CITY ATl'ORNFY ,J7-I/CI Fffeuil't'Date: By: Date of Publication: Ordinance -:2007Camp Plan Amendment Citizen III -"-------"---------------- EXHIBIT A Assessor's Parcel Number:30052800400100 Site Address:-t71G 61"STl\;lE Parcel Legal Description: ;\LJ,TH.\T PORTION OF THE SOCTHL\ST QU,-\RTER or THE SOl-THEr\ST Ql.i.\RTER or SECTIO:-J :28,TO\\1\'51 HP ]()-""'<ORTI I,R....-\NCE 5 EAST,\\',1\[',DESCRIBED .\S FOLLO\\'S: COl\II\IENUNC ,YI .'\POl.'\JT 10 FEET SOLTJ!,\ND 37 lh FEET El\ST OF '1'J IE SOLTI 11-:.\51'COR]\;ER OJ·BLOCK 11 OF Ql:rNI\"S SECC):t\'D :\DDlTION TO \L\RYS\'11 .I.E,-n fENCE 1':.'\5'1'}77 FEET,'1']IENCE NORTII 1../0 1+:1-:'1',MORE OR LESS, TO n IE SOL;TI J 1.Jl\.:E OJ·TI IE P.-\\'ED I lie]J\\'",Y K\JO\\'N AS TI IE SLTNNYSIDE BOL:Ll'X.-\IW,TIIJ:::J'iCE WEST .-\LONG THE SOUTH LI:t\'E OF SAID SUt\'l\:YSIDE ROL'LF".\RD 177 FEET,TI JENCE SOUTI I 1-tO rEI·:T,!\JORE OR I.FSS,TO TIlE POINT OF BFc;INN]l'\:c; EXCEPT THxr PORTION Ll'1NC;\,\'ITflTl\:.+('I,STREET TI\:CLCDING TH:\T PORTION CO~\'EYEDTO TT IE CITY or I\L\RYSVILJ.E FOR ROAD PURPOSES AND EXCEPT TI-1:\T PORTIO~CONVEYED TO THE CITY CW !\.1:\RYSVILJJ...:BY DEED RECORDED CNDER ACDlTOR'S FILE NCMBER 20070'+110721 SITL'.-\TE IN TIlF COCTI'OP'SI\:OIlOl\flSII,ST-\TE or \'\':\SfTINGTOl'\: Ordinance -2007 Comp Plan Amendment Citizen Ii I .._--5fM--Sl"-_..---.: .:.,"../.::.~..... ."..~:. R8 SFH-SL g:«~, ; :,-:'1,,-. .:~-'- 5 '#h.....V :I ". -_._MU----r....I-4.,.,.~T~~-.:~·..:"..~··:~..,,"""':-=-~TH ST NE.j '!.·c_;,__''. I -,j !R6.5 SFH I NB I1 // i i ·-R8SFH_St---3RD-S-T - -------.J -61ST ST NE ,~<~,...-.--..·.r·_····--,····-···-··-- -.__.~..~._.-.......·--···"i ----.'1 1 SFH to NB ! II R18 MFMi "'s Lij------.----.L--.----I--l-~----...__~ ~ ~No~ I ---!--.2ND-ST- I !..._----j .'',.. Marysville 2007 Marysville Comprehensive Plan and Official Zoning Map Amendment EXHIBIT B R6.5 Single Family High to Neighborhood Business EXHIBIT C REQUEST FOR MtENDMENT TO THE CITY OF MARYSVILLE COMPREHENSIVE PLAN Citizen Initiated Amendment No.1 The followll1g IS a review of a citizen initiated request for an amendment to the City ofMarysville Comprehensive Plan land usc designatio»and associated rczonc proposal. File Number:P.\O:()O1 Applicant:\'\'aync .\1.Christianson W23 1 :-.;Davies Road Lake Stevens,\'('\9R1SB (--115)33-1--M.r Contact:same as applicant Location of Proposal:-f716 61;[Street .!:\if: Tax Parcel(s):300S2800-tDiJliJQ Current Use:Single-famlly residence Property size:.\pproxlillJtelY (J.4(J-acres Existing-Land Usc.I[igh Density Single-family Proposed Land Use:Vhxed esc Amendment Request:Comprehensive Plan i\,bp \menJment and concurrent Rezone to change rhe land usc deslgnauofl from }!Jgh Density Slllgit-family to Mixed Use. StaffRecommendation:.\mend the Corrrprchcns.ivc PLlIlMap and concurrently Rezone the propert)' from I Iigh Density Single-family (H.-C,.5)to Neigbborhood BUI,iJJe55 (NB), subje-ct to the conditions outlined III Section III of this repurt. 1'.\1)71)1)I-I l\aJ:~I ~--------------- I.EVALUATION Req uest:\citizen imtmtcd t"ON-I'RO]FCT action requesting approval of a lornprchcnsive Plnn J'>bp Yrncndmcnt and concurrent rezone to change the land usc designation of an arrroxllnately (JAO-acre parcel from l1Jgh Density ~lIlglc-familyto Mixed Use (\[F)in order to eventually propose a ptuJect action converting the eXisting singlc-famil~'residence intoa home decor &gift shop lhc l-llgh Density Single-family land usc designation and implementing zoning designation of R-65,proh.ibits retail use s,as proposed hy the applicant.Subsequently,the \Il.'land use designation IS a commercial riassification,which permits rctail uses such as a home decor &gift shop,as desired LJy the applicant Location:The proposed arucndmerit H:ljueS!is site specific and louted on the sourheast corner of'f:'ll, Avenue NE &)<"Street (aka Sunnrside Boulevard &ul-Street NI'~)at a site address of 4,1661"Street ~E (see attached map). Surrounding Uses:Surrounding properties to the north arc r urrcntlv zoned]\.jH (nClghborhood business)and are currently developed with a convcrucnce s!Urc/tf'ls station,restaurant and ret;l1.l/office center Existing single-Family homes are located on the R·(i,5 (smgle-family,high demity)zoned property to the east,and R-8 (sUlglc-family,high-density small lor) to the west.The property to the south is curreritlv zoncd R-1H(multi-family,medium denSity)and is cur reritlv developed with l\ladelein Vilia I Ieahhcare Center, providing pnmary care for the elderly, This proposed amendment site IS currently developed with a 3,1'\32 SF 1 'h story sUlgk~fami1yresidence with an unfinished bascrnent,which the applicant is proposmg 10 convert into a horne decor &gift shop,if (he comprehensive plan amendment and concurrent rezone IS approved Traffic &Circulation:The proposed amendment site IS located along rwo minor ancnal clnssifu-d roadwavs (47tl'.Vvenuc f',;E &3'<1 Street;aka 61"Street NE or Sunnyside Boulevard),'vfinor arterial classified roadways provide for intra-community rmvel for areas bounded bv the principal arterial syslem,Citing cnrcna fur a change III land use cla ssification from residential 10 commercial reqUires commercial land use,to be located adjacent to In arterial rlassificd roarlwav,as outlined In the ;\larysville Comprehensive Plan .\ capital imnrovrmcnt prOJeCl \mpronng rhis tntcrsecnon IS scheduled for construction in the Summer of 20l)'The intersection improvements Il1clude oign;dil.lIlg the intersection andproviding improved channelization Including additional turn lanes and ulrlllng radii as well JS .\D.\improvements 111 order to accommodate current and future motor vehicle and non-motor vehIcle rmffic flows These planned Impro\'eml'nlO support re-dl'$\gniJting this corner property from a rcsidenriallv dCSlgtl~ltcd property to a commercrallv deslgnJted property,based on chan6>edcu'cumxtanccs Il1cluding,mcrcnscd traffic mobility and installation of a slgnal controlled intersection. Public Comments:_\letter In opposition of the proposed amendment ami concurrent rezone requeot w"s received from Ander-son I Iuntcr Law Finn,PS,dated l\fay 14,2007 Anderson Hunter Law l-inn,P,S, represents ivladeleine Villa Healthcare Center,Inc,which provides primarily nrc for the elderly,and abuts the southern boundary of the amcudruent reyuesl sue.The opposition letter states that the requested Mixed lise Comprchcnsl\T Plna designation would allow a vast array'of uses that would likely UC slgmficHltly inr-ornpanble wllh \!adelelfll'Villa's usc. The \hry-"villc vluoicipal Code provides protection or existing and proposed land uscs through irnplementalion ofapplicable development standards,addressing potentia]cuvironmcntal tmpacts,including, but not limited to,land USC',n01S(",landscaping,fencmg,pedestrian access and bLIIldingdesign standards. Speciiilally,Section 191(i,(J90 ,\1.'dC,Kcqlllmi lalld,-,a!'<,1m/len,requires J I(J'5cml-op"'1ue landscape buffer plus a I)'slght-obocunng fence or wallto be provided between cornmcrcinlly designated propuues (as proposed by the applicant}bordering multi-family designated properties (Madeleine Villa Hcairhcarc Center, 1'1 <J'Ofil1 Inc)l'he landscapmg and fencing requirements,a,well as all other applicable development standards outlined III the .\I~IC,were adopted IIIorder to address potential environmental unpacts and provide adequate protection from eXisting and proposed land uses. Staff Analysis:1n reviewing a Cornprchenstve Plan.vmendment applicauo»,Staff considers whether or not changed Circumstances have occurred 11l the area to warrant said amendment request and If the proposed amendment request serves the communities interest as a whole,mcludlllg a review of adjacent land uses,and whether or nut i he proposed amendment rn,juc,t IS cOlrlpatihlc with the surrounding established uses The ,\IL land usc designation requested by the applicant combines office uses with the highest dcnsirv multi- Iarmf residential lhis land use 1S rvpicallv aSSIgned ll1 areas with high vehicular and transit access and close !HO;;:lmlt\to servrccs and employment.Commercial uses allowed in the I\IU land use desigoario»arc similar to those ill the /'.iclghborhooo Business (~B)land usc designation,except that the ;\IL'deslgn:nion permlts mulu-fnrnily development at a base density of rwenn'-elght (28)dwelJll1g units per acre,whereas,the !,-'B only allows multi-family development above a ground floor commercial usc . .\hhough the applicant has not proposed development of a high demity rnulti-fnmilv apartment complex, aS~lglllng the i\IU land use dcs.goetio»would allow the current or future property owners to construct such a usc at this location,The proposed amendment site IS located 111 a well established neighborhood at the edge ofa neighborhood businesses district to the north,Single-family residential homes to the east and west and a convale-scent facility to the south :\llowlllg multi-familv land uses III an established neighborhood could praye problematic to the current residents ill the area as well as take away from the character of this established neighborhood Consequently,the \:B land usc could serve the Immediate ntighhorhood and be oriented towards pedestrians,bicyclists and motor vehicles,and would prohibit construction ofa mulu-farrujv apartment complex ar this location,In addition,the cntena and standards for citing a ~B land usc,as outlined 111 the ~Iar.\'s\'illc Comprehensive Plan,include site srzc of ',~to I '/,maxunum acres,The existing NB de,lgnateu proper-ius located adjacent to and north of the subject site totals approximately U,"O-acres,If the subject site WilS re-designated \:13 the totni site area of the ~B dcslgnarcd area would be approximately 1 lo-ocrcs (070 ~ lH·O),which meets the CHing cntcna of 1 '0'2 m,IXJmUmacres The maximum citing acreage would also provide a limiting factor for future amendment reguests,further expanding commercial uses Into an already cstabli-hed rcsidennal nelghborhood. Based on the revlcwing factor,outlined above the.\:8 land use dcslgnation appears to he more compatible with the cxrsung neighborhood then the \IU land use dcsignanon,and would also limn the potential for expanding commercial or mulu-familv uses into the established residentialneighborhood Conformance with State Environmental Policy Act:After evaluation of the <lpplicant's environmental checklist,supporting documentation submitted with the application,and review of mforrnanon on file with the City,a Detcrrnmauon of:\lon-Si6'llificJnce (D\:S)was issued onJune 18,2007. II.CONCLUSIONS The applICant IS requesting approval of a Comprehensive Plan :\1ap Amendment and concurrent rezone to change the land usc de~ignation of an npproxirnatelv DAD-acre parcel from High Density :~ingle-family to ~lL"ed Lsc (:>.Il:) The proposed amcndmcm reque';j is located on the southeast corner of ·Plh Avenue Nl;&3',1 Street. 3.Surrounding properties arc currently aoncd Nfs to the north,R-6.5 to the east,R-18 to the south, and R-6.5 to the west, I' \nron I 1 ~-~_._~~~--~~------------- -I.The proposed amendment sne IS located along two minor arterial classified roadwavs known as -I-i'],Avenue NE &3',]Street S,Commercialland llSes arc to be located adjnccnt to an arterial classified roadway,as outlined In the .\larysville Comprehensive Plan citing orin-ria. 6.Intersection improvements on the corner of -,prh Avenue 0E &3,,1 Street include signalizing the mtersecnon and pro-id.ng Improved channelization including additional turn lanes and turrung radii as well as .\D.'"improvements in order to accommodnte current and future motor vehicle and non-motor vehicle traffic flows. vndcrson Ilunter J.aw Fum,P,S.,which represents i\fmJekine Villa I Ieahhcarc Center,lnc., submitted a letter of opposition stating (he requested ~[i...xcd Use Comprehensive Plan deSignatio!] c-ould allow J vast array of uses that would likely be significmtly incompatible with Madeleine Villa"use 8.The \!arysvillc Municipal Code provides protecuon of e:;xlsung and proposed land uses through implernrntnuon of applicable development standards,address109 potential environmental impacts, IflcludUlg,but not limited to,LHlU usc.norse,landscaping,fencing,pedestrian access and huilding Jeslgn standards '-)The l','B land usc deSignation appears to be more compatible with the eXisting neighborhood rhcn the \!L land use deSignation,and would also limit the potcnual for expanding commercial or multi-family uses mto the eSlilblished resrdcntiai neighborhood, 1(), _\Determination of\:on.Significance (l)~S)was ISsued on June 18,2()(l"7 III.STAFF RECOMMENDATION Based on the above suited findings and conclusions CD recommends APPROVAL of the :'\O.\:-PRO]FCI' action re'1ue~l,amending the Comprchensrve PLm Map and Concurrenrly ReZOlllOgthe approximately OAO- acre puce!of propcny located on the southeast corner of..j7111_1.venue:--JE &3«1 Street from High Density Single-Family (R-G5)to Neighborhood Business (NB),subjecr to the following condnicns Tbc applicant shall be required to dedicate 75'of property along 47th Avenue l','E in order to obtain the ulrimnrc right of way section for this collector arterial,1ll accordance with Secuon 12.LJ2.\.11LJ(I)(d),\1i\fe,IJl'dL-atioli q(mud n..~ht-ofwu)'-l<..tqllired Jetb",k.,', :2 Access from the adjacent right-of-ways shall be restricted to 4"711.;\,'enuc NE.AD access from the sue shall be permitted onto G1"Street :"J"(aka 3'<1 Street/SunnysiJe Boulevard). 3.Future project acnon submittals shall be required to be designed III accordance with the i'\elghborhood Business Criteria and Standards,outlined in the .vlnrvsvillc Comprehensive Plan I'.\07001 1 (:hn<ri'\r''')l1 "Del,,,I,"-:'>l)ff Rc'C(,f\1mC'fllb Do"