HomeMy WebLinkAboutO-2874 - Rezone (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. J..~·7 4
AN ORDINANCE OF THE CITY OF MARYSVILLE, AFFIRMING THE
DECISION OF THE HEARING EXAMINER, REZONING APPROXIMATELY
2.10-ACRES OF PROPERTY GENERALLY LOCATED BETWEEN STATE &
COLUMBIA AVENUES AND 7th & Sth STREET FROM R-S (single-family,
high density) TO DC (downtown commercial), AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY
WHEREAS, Marysville School District No. 25 owns approximately 2.10-acres of
property generally located between State & Columbia Avenues and 7th & 8th Street, said
property being depicted in Exhibit A attached hereto; and
WHEREAS, Marysville School District No. 25 submitted an application to the City of
Marysville requesting a site specific, NON-PROJECT action, zone reclassification of
approximately 2.10-acres from R-8 (single-family, high density) to DC (downtown
commercial); and
WHEREAS, on July 20,2011, the City issued a State Environment Policy Act
Threshold Determination of Non-significance (DNS), which addresses the environmental
impacts of the site specific, NON-PROJECT action, zone reclassification; and
WHEREAS, the City of Marysville Hearing Examiner held a public hearing on the site
specific, NON-PROJECT action, zone reclassification application on August 25,2011 and
adopted Findings, Conclusions and Recommendation of approval of the rezone subject to
three (3) conditions, as set forth in the attached Exhibit B; and
WHEREAS, the Marysville City Council held a public meeting on said rezone on
October 10, 2011 and concurred with the Findings, Conclusions and Recommendation of the
Hearing Examiner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. The Findings, Conclusions and Recommendation of the Hearing Examiner,
as set forth in the attached Exhibit B, are hereby approved and adopted by this reference,
and the City Council hereby finds as follows:
(1) The rezone is consistent with the purposes of the comprehensive plan;
(2) The rezone is consistent with the purpose of Title 22 MMC;
(3) There have been significant changes in the circumstances to warrant a
rezone;
(4) The benefit or cost to the public health, safety and welfare is sufficient
to warrant the rezone.
Section 2. The property depicted in the attached Exhibit A is hereby rezoned from
R-8 (single-family, high density) to DC (downtown commercial).
Section 3. The zone classification for the property depicted in Exhibit A shall be
perpetually conditioned upon strict compliance with each of the conditions set forth in the
Findings, Conclusions and Recommendation of the Hearing Examiner. Violation of any of
the conditions of said decision may result in reversion of the property to the previous zoning
classification and/or may result in enforcement action being brought by the City of
Marysville.
Section 4. The official zoning map of the City of Marysville is hereby amended to
reflect the reclassification of the property depicted in Exhibit A.
Section 5. This decision shall be final and conclusive with the right of appeal by any
aggrieved party to Superior Court of Snohomish County by filing a Land Use Petition
pursuant to the Land Use Petition Act within twenty-one (21) days after passage of this
ordinance.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or work
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
<M
PASSED by the City Council and APPROVED by the Mayor this /0 day of
---,O",,---~=-----,-be._r'__, 2011.
CITY OF MARYSVILLE
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By (~.~
JO NEHRI~r
Attest:tJj
By: r Olf~'
~~~ciTYCLERK
Approved as to form:. "\ n
By: P~(·.· VA->&'
!(;RANT K. WEED, CITY ATIORNEY
Date of Publication: ~D ~ IQ-U'---_
Effective Date: \D -av -( I
9THST
Existing Zoning:
:;=====::;;!l R-8 (single-family, high-density)
Proposed Zoning:
DC (downtown commercial)
Totem Middle School Rezone
EXHIBIT A
7THST
N
Downtown Commercial ~ Rezone area
R8 Single Family High Small Lot 0 Unopen ROW
+
CITY OF MARYSVILLE
Hearing Examiner
Findings, Conclusions and Recommendation
APPLICANT: Marysville School District #25
CASE NO.: PA 11010
LOCATION: Generally located between State & Columbia Avenue and 7th and
8th Streets
APPLICATION:
SUMMARY OF RECOMMENDATION:
Planning Staff Recommendation: Approve with conditions
Hearing Examiner Decision: Approve with conditions
PUBLIC HEARING:
After reviewing the official file, which included the Staff Advisory Report, and after visiting the
site, the Hearing Examiner conducted a public hearing on the application. The hearing on the
application was opened at 7:00 p.m., August 25, 2011, in the Council Chambers, Marysville,
Washington, and closed at 7:03 p.m. Participants at the public hearing are listed in the minutes
of the hearing. A verbatim recording of the hearing and more complete minutes are available in
the Planning Department. A list of exhibits offered and entered at the hearing and a list of
parties of record are attached to this report.
HEARING COMMENTS:
As noted in the minutes of the hearing, comments were offered by:
CheryI Dungan, Planning Manager
Greg Dennis, School District Representative
No one from the general public attended the public hearing.
WRITTEN COMMENTS:
No correspondence was received from members of the general public.
Hearing Examiner Recommendation
Case No.: PA 11010
Page 2
INTRODUCTION:
The applicant has requested A NON-PROJECT action rezone of approximately 2.1-acres of
property from R-8 (single-family, high-density) to DC (downtown commercial). If the proposed
rezone request is approved by City Council, all future project action development proposals will
be subject to all applicable Marysville Municipal Codes (MMC) and project level State
Environmental Policy Act (SEPA) review, at the time of application.
FINDINGS CONCLUSIONS AND DECISION:
Having considered the entire record in this matter, the Hearing Examiner now makes and enters
the following:
A. FINDINGS AND CONCLUSIONS:
1. The information contained in Sections 1.0 and 2.0 of the Staff Advisory Report (Hearing
Examiner Exhibit 23) is found by the Hearing Examiner to be supported by the evidence
presented during the hearing and by this reference is adopted as portion of the Hearing
Examiner's findings and conclusions. A copy of said report is available in the
Community Development Department.
2. The minutes of the meeting accurately summarize the testimony offered at the hearing
and by this reference are entered into the official record.
3. The subject property is surrounded on three sides by property zoned Downtown
Commercial. If approved as conditioned below, the development will be consistent with
Ordinance No. 2709 regarding rezones of property at the edges of land use districts, and
it lies within a portion of Planning Area No.1 -"Downtown." Therefore, the proposal is
consistent with the general provisions of the comprehensive plan, and it will meet the
requirements and intent of the Marysville Municipal Code.
4. The School District has no plans to develop the subject site in the near future. However,
if the proposal is approved as conditioned below, future commercial development ofthe
site will provide through access along Columbia Avenue.
5. If approved as conditioned below, the development will be beneficial to the public health,
safety and welfare and will be in the public interest.
6. If approved as conditioned below, the development will not lower the level of service of
transportation and/or neighborhood park facilities below the minimum standards
established within the comprehensive plan.
7. The area, location and features ofland proposed for dedication are a direct result of the
development proposal are reasonably needed to mitigate the effects of the development,
and are proportional to the impacts created by the development.
Hearing Examiner Recommendation
Case No.: PA 110] 0
Page 3
B. RECOMMENDATION:
Based on the foregoing fmdings and conclusions, the Hearing Examiner recommends
APPROVAL ofthe site specific NON-PROJECT action rezone from R-8 (single-family, high
density) to DC (downtown commercial), subject to the following conditions.
1. All future project action development proposals will be subject to all applicable Marysville
Municipal Codes (MMC) and project level State Environmental Policy Act (SEPA) review, at
the time of application.
2. All future project action development proposals will be subject to the traffic study and
mitigation requirements outlined in MMC 220.030.060 as well as the access and circulation
requirements outlined the Marysville Engineering Design and Development Standards (EDDS).
3. When the existing structure(s) located within the future Columbia Avenue right-of-way
extension are demolished, and the site is redeveloped with commercial uses, the applicant shall
dedicate sufficient right~of-way and construct frontage improvements in order to provide through
access along Columbia Avenue. Columbia Avenue shall be designed and improved as a
"Standard Street" typology, as outlined in the Downtown Master Plan, or as otherwise approved
by the City Engineer. Right-of-way dedication and frontage improvements shall not be required
for a change of use if the existing structure(s) located along State Avenue, or other structures as
approved by the Community Development Director, are utilized for commercial uses. However,
a change of use for the above described structure(s) shall be subject to all other applicable design
and development standards outlined in the Downtown Master Plan and Marysville Municipal
Code.
Dated this 29th day of August 2011
'i~~rlc{0~
Ron McConnell, FAICP
Hearing Examiner
RECONSIDERATION:
A party to a public hearing may seek reconsideration only of a [mal decision by filing a written
request for reconsideration with the director within fourteen (14) days of the final written
decision. The request shall comply with MMC 15.11.020(3). The examiner shall consider the
request within seven (7) days of filing the same. The request may be decided without public
comment or argument by the party filing the request. ifthe request is denied, the previous action
shall become final. If the request is granted, the hearing examiner may immediately revise and
Hearing Examiner Recommendation
Case No.: PA 11010
Page 4
reissue its decision. Reconsideration should be granted only when a legal error has occurred or a
material factual issue has been overlooked that would change the previous decision.
COUNCIL ACTION:
Recommendations by the Examiner on rezones or shoreline conditional use pennits will
constitute a final action by the City unless a timely written request for a closed record appeal is
filed with the City Council within 14 days after issuance of the recommendation. In the event of
a timely appeal, the City Council will conduct a closed record hearing of this case. Closed
record hearings shall be on the record and no new evidence may be presented. The City
Council's action will be the final action of the City.
JUDICIAL APPEAL:
(1) Appeals from the final decision of the hearing examiner, or other city board or body
involving MMC Titles 15 to 20 and for which all other appeals specifically authorized
have been timely exhausted., shall be made to Snohomish County superior court pursuant
to the Land Use Petition Act, RCW 36.70C within 21 days of the date the decision or
action became final, unless another applicable appeal process or time period is
established by state law or local ordinance.
(2) Notice of the appeal and any other pleadings required to be filed with the court shall be
served as required by law within the applicable time period. This requirement is
jurisdictional.
(3) The cost of transcribing and preparing all records ordered certified by the court or desired
by the appellant for such appeal shall be borne by the appellant. The record of the
proceedings shall be prepared by the City or such qualified person as it selects. The
appellant shall post with the city clerk prior to the preparation of any records an advance
fee deposit in the amount specified by the city clerk. Any overage will be promptly
returned to the appellant.
EXHIBITS:
The following exhibits were offered and entered into the record:
1. Receipt
2. Master Permit Application
3. Snohomish County property information
4. Marysville School District -Cover letter, 05.10.11
5. Chicago Title -Title report
6. 8 Y2 x 11 aerial photo
7. Vicinity map and legal description
8. Environmental Checklist
9. 11 x 17 Site map
10. 8 Y2 x 11 Rezone map
Hearing Examiner Recommendation
Case No.: PA 11010
Page 5
11. RFR Checklist
12. Mfidavit of Posting -NOA
13. Affidavit of Publication -NOA, 05.18.11
14. Technical Review, 05.20.11
15. DNS, 05.20.11
16. Affidavit of Posting -DNS
17. Affidavit of Posting -NOH
18. Ordinance # 2709
19. Ordinance # 2788
20. 8 Y2 x 11 Rezone map
21. Letter of Completeness, 05.10.11
22. Mfidavit of Posting -Revised Hearing Date
23. Staff Recommendations
PARTIES of RECORD:
John W. Bingham Greg Dennis
Marysville School District #25 Marysville School District #25
4220 80th St. NE 4220 80th St. NE
Marysville, WA 98270-3498 Marysville, WA 98270-3498
Community Development Department