HomeMy WebLinkAboutO-2877 - Rezone (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No.~<611
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION,
REZONING APPROXIMATELY 77-ACRES OF PROPERTY GENERALLY
LOCATED SOUTH OF 156TH STREET NE,EAST OF BNSF RAILWAY AND
WEST OF TWIN LAKES AVENUE FROM BP (BUSINESS PARK)TO CB
(COMMUNITY BUSINESS),AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY.
WHEREAS,Community Development Staff initiated a NON-PROJECT action area-wide
rezone of approximately 77-acres of property generally located south of 156th Street NE,
east of BNSF Railway and west of Twin Lakes Avenue,Marysville,Washington,said property
being depicted in Exhibit A attached hereto;and
WHEREAS,the Marysville Comprehensive Plan identifies the area for rezoning from
BP (business park)to CB (community business)if a road extension is programmed and
funded for construction;and
WHEREAS,the City of Marysville has recently awarded a contract for construction of
an 1-5 overpass at 156th Street NE,and construction has commenced,satisfying the rezone
requirement outlined in the Marysville Comprehensive Plan;and
WHEREAS,on September 2,2011,the City issued a State Environment Policy Act
(SEPA)Threshold Determination of Nonsignificance (DNS),which addresses the
environmental impacts of the NON-PROJECT action area-wide rezone;and
WHEREAS,the City of Marysville Planning Commission held a public workshop to
discuss the proposed NON-PROJECT action area-wide rezone on September 13,2011;and
WHEREAS,the City of Marysville Planning Commission held a public hearing on the
proposed NON-PROJECT action area-wide rezone on September 27,2011 and adopted
Findings,Conclusions and Recommendation of approval of the rezone subject to one (1)
condition,as set forth in the attached Exhibit B;and
WHEREAS,the Marysville City Council held a public meeting on the proposed NON-
PROJECT action area-wide rezone on November 14,2011 and concurred with the Findings,
Conclusions and Recommendation of the Planning Commission;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.The Findings,Conclusions and Recommendation of the Planning
Commission,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 Marysville
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 the
rezone;and
(4)The benefit or cost to the public health,safety and welfare is sufficient
to warrant the rezone.
Section 2.The property of approximately 77-acres generally located south of 156th
Street NE,east of BNSF Railway and west of Twin Lakes Avenue,Marysville,Washington as
depicted in the attached Exhibit A is hereby rezoned from BP (business park)to CB
(community business).
Section 3.The zone classification for the property depicted in Exhibit A shall be
perpetually conditioned upon strict compliance with the condition that all future project
action development proposals for the property shall be subject to all applicable provisions of
the Marysville Municipal Code and project level SEPA review at the time of application as
prOVided in the Conclusion of the Planning Commission in attached and incorporated
Exhibit B.Violation of the condition 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 from the zoning designation of BP (business park)
to CB (community business)as depicted in Exhibit A.
Section 5.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.
/l.J';-~
PASSED by the City Council and APPROVED by the Mayor this T day of
00V~fn b~(',2011.
CITY OF MARYSVILLE
Attest:/'1
I /(JII/
By:Ld/1v\p~.LL)C5fT"'lCLERK
Approved as to form:n
By:;z1)~K.~Y
.GRANT K.WEED,CITY ATIORNEY
Date of Publication:H/lli I-......H-----,I
Effective Date:_"",-,\I"'"tJ......a<J...<I+J-;-1+\_
I hereby o~rtify this to be ~tru~and eorreet copy
of the original on file in my office as part of the
official records the City of Marysville.
~~k (J'
Date __"_.-~{7~-.......;'(1--_
5
Existing Zoning: Business Park (BP)Proposed Zoning:Community Business (CB)I-523RD AVE NESMOKEY POINT BLVDTWIN LAKES AVE156TH ST NE
144TH ST NE
142ND ST NE
148TH ST NE I-5LI
BP
PI
GC
CB
LI
Rezone area General Commercial
Community Business
Light Industrial
Public-Institutional
Lakewood Neighborhood Area-wide RezoneEXHIBIT A
0 1,000500Feet
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia A venue •Marysville,WA 98270
(360)363-8100 •(360)651-5099 FAX
PC Recommendation -Lakewood Neighborhood Rezone
The Planning Commission (PC)of the City of Marysville,having held a public hearing in review of
a NON-PROJECT staff initiated action requesting approval of an area-wide Rezone to change
the land use designation of approximately 77-acres from BP (business park)to CB (community
business)on September 27,2011,and having considered the exhibits and testimony presented,
does hereby enter the following findings,conclusions and recommendation for consideration by
the Marysville City Council:
FINDINGS:
1.The City of Marysville Staff initiated a NON-PROJECT action area-wide rezone of
approximately 77-acres of property from BP (Business Park)to CB (community business).
2.The proposed rezone area is located within a portion of Planning Area No.11 -
"Lakewood Neighborhood"and is generally located south of 156th Street NE,east of
BNSF Railway and west of Twin Lakes Avenue
3.The Comprehensive Plan land use designation of the proposed area-wide rezone area
is Business Park.However,the Comprehensive Plan identifies the area for rezoning to
Community Business if a road extension is programmed and funded for construction.
4.The City of Marysville has recently awarded a contract for construction of an 1-5
overpass at 156th Street NE satisfying the rezone requirement.
5.The PC held a public work session to review the NON-PROJECT action Rezone,as
described above,on September 13,2011 .
6.A Threshold Determination of Non-Significance (DNS)was issued on September 2,2011,
satisfying the State Environmental Policy Act (SEPA)requirements of Chapter 197-11
WAC.
7.The PC held a duly-advertised public hearing on September 27,2011 and received
testimony from city staff and the public.
8.At the public hearing the PC reviewed and considered all of the application materials
and Exhibits 1 -13,including a Staff Recommendation and comments received from
the public and reviewing agencies.
CONCLUSIONS:
At the public hearing,held on September 27,2011,the PC recommended adoption of the NON-
PROJECT action staff initiated Rezone,subject to the condition outlined in the Staff
Recommendation,attached hereto as Exhibit A,as reflected in the PC minutes,attached
hereto as Exhibit B.
By:
ity Council as Recommendation of Approval of the NON-PROJECT action staff
ide Rezone t s 27th ay of September,20".
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue •Marysville,WA 98270
(360)363-8100 •(360)651-5099 FAX
STAFF RECOMMENDATION -Lakewood Neighborhood Rezone
File Number:
Date of Report
Date of Hearing
Applicant:
Contact:
Location of Proposal:
Assessor Parcel Number(s):
Current Use:
Property size:
Compo Plan Designation:
Current Zoning:
Proposed Zoning:
Nature of Request:
STAFF RECOMMENDATION:
PA 11021
September 23,2011
September 27,2011
City of Marysville
Chris Holland
City of Marysville
Community Development Department
80 Columbia Avenue
Marysville,WA 98270
(360)363-8207
cholland@marysvillewa.qov
Generally located south of 156th Street NE,east of
BNSF Railway and west of Twin Lakes Avenue
31053200400100,31053200401300,31053200101300,
31053200103200,31053200102600,31053200101400,
31053200100900,31053200102500,31053200102700,
31053200101600,31053200101100&31053200100300
Single-family residences,farming activity,commercial
nursery and a Snohomish County PUD No.1 substation
ApprOXimately 77-acres
Business Park
BP (business park)
CB (community business)
Area wide NON-PROJECT action Rezone from BP
(business park)to CB (community business)
RECOMMEND APPROVAL TO MARYSVILLE CITY
COUNCIL FOR FORMAL ADOPTION BY ORDINANCE
PA 11021 Lakewood Neighborhood Rezone Page 1
1.0 FINDINGS
Description of Proposal:A NON-PROJECT action area-wide rezone of approximately 77-
acres of property from BP (Business Park)to CB (community business).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.
Location of Proposal:·The rezone area is generally
located south of 156th Street NE,east of BNSF
Railway and west of Twin Lakes Avenue,as depicted.
Assessor's Parcel Number(s)(APNs)within the
proposed area wide rezone include 31053200400100,
31053200401300,31053200101300,31053200103200,
31053200102600,31053200101400,31053200100900,
31053200102500,31053200102700,31053200101600,
31053200101100 &31053200100300.
Site Description:Existing single-family residences
and associated accessory structures,commercial
nursery buildings and greenhouses and a Snohomish
County PUD No.1 substation occupy the proposed
area-wide rezone area.
Surrounding properties to the north,south and west
is comprised of undeveloped pasture land and a few
single-family residences.1-5 is located to the east.
Critical Areas:A critical areas analysis has not been completed for the area-wide rezone.
The Middle West Fork of Quilceda Creek is located along the entire west perimeter of the
rezone area.This portion of Quilceda Creek is classified as a Type F stream requiring alSO'
natural vegetated buffer from the ordinary high water mark.The NON-PROJECT action
area-wide rezone will have no impacts to critical areas or buffers.
Access and Circulation:Twin Lakes Avenue provides access to the proposed NON-
PROJECT action area-wide rezone area via 172nd Street NE (SR 531).The City of Marysville
recently awarded a contract for construction of an 1-5 overpass at 156th Street.The new I-
S overpass will provide Marysville and Arlington residents living east of the 1-5 corridor a
secondary route of access to/from the proposed rezone area.
City of Marysville Comprehensive Plan:The proposed rezone area is located within a
portion of Planning Area No.11 -"Lakewood Neighborhood."The Comprehensive Plan land
use designation of the proposed area-wide rezone area is Business Park.However,the
Comprehensive Plan identifies the area for rezoning to Community Business if a road
extension is programmed and funded for construction.The City of Marysville has recently
awarded a contract for construction of an 1-5 overpass at 156th Street NE,satisfying the
rezone requirement.
After evaluation of the application materials,and other supporting documentation on file
with the City,the proposed NON-PROJECT action area-wide rezone is consistent with the
pertinent development goals and policies outlined in the Marysville Comprehensive Plan.
Title 19 MMC,Zoning:Pursuant to MMC 22G.010.420,Zone reclassification,a zone
reclassification (rezone)shall be granted only if an applicant demonstrates that the proposal
is consistent with the comprehensive plan and complies with the following criteria:
PA 11021 Lakewood Neighborhood Rezone Page 2
a)There is a demonstrated need for additional zoning as the type proposed;
b)The rezone is consistent and compatible with uses and zoning of the surrounding
properties;
c)There have been significant changes in the circumstances of the property to be
rezoned or surrounding properties to warrant a rezone;and
d)The property is practically and physically suited for the uses allowed in the
proposed rezone.
The Community Development Department provided written responses to the rezone criteria
outlined above.After evaluation of the responses,application materials and other
supporting documentation on file with the City,the proposed rezone,complies with the
rezone criteria and pertinent development standards outlined in Title 22 MMC,Unified
Development Code.
Project History:The NON-PROJECT action rezone application was submitted and
determined to be complete on August 4,2011.A duly advertised public hearing has been
scheduled before the Planning Commission on Tuesday,September 27,2011 7:00 PM at
Marysville City Council Chambers.
Public Comments:As of the date of this report,no comments have been received from
the public or surrounding property owners.The application was routed to affected
departments and public agencies,and the comments received,to date,are outlined in
Exhibit 9.
Conformance with State Environmental Policy Act:After evaluation of the
environmental checklist and supporting documentation submitted with the application,and
review of information on file with the City,a Determination of Non-Significance (DNS)was
issued on September 2,2011.No appeals on the DNS were filed on or before the
September 19,2011 deadline.This determination is hereby adopted by reference as part of
this report as Exhibit 10.
2.0 CONCLUSIONS
1.The City of Marysville is proposing a NON-PROJECT action area-wide rezone of
approximately 77-acres of property from BP (Business Park)to CB (community
business).
2.The NON-PROJECT action area-wide rezone application was submitted and
determined to be complete on August 4,2011.
3.The proposed rezone area is located within a portion of Planning Area No.11 -
"Lakewood Neighborhood"and is generally located south of 156th Street NE,east of
BNSF Railway and west of Twin Lakes Avenue
4.The Middle West Fork of QUilceda Creek is located along the entire west perimeter
of the rezone area.The NON-PROJECT action area-wide rezone will have no
impacts to critical areas or buffers.
5.Twin Lakes Avenue provides access to the proposed NON-PROJECT action area
wide rezone area via 172nd Street NE (SR 531).
6.A new 1-5 overpass at 156th Street NE will provide Marysville and Arlington
residents living east of the 1-5 corridor a secondary route of access to/from the
proposed rezone area.
7.The proposed rezone area is located within a portion of Planning Area No.11 -
"Lakewood Neighborhood."
PA 11021 Lakewood Neighborhood Rezone Page 3
8.The Comprehensive Plan land use designation of the proposed area-wide rezone
area is Business Park.However,the Comprehensive Plan identifies the area for
rezoning to Community Business if a road extension is programmed and funded for
construction.
9.The proposed NON-PROJECT action area-wide rezone is consistent with the
pertinent development goals and policies outlined in the Marysville Comprehensive
Plan.
10.The proposed NON-PROJECT action area-wide rezone complies with the rezone
criteria and pertinent development standards outlined in Title 22 MMC,Unified
Development Code.
11.The proposed NON-PROJECT action area-wide rezone will make appropriate
provisions for the public use and interest,health,safety,and general welfare.
12.As of the date of this report,no comments have been received from the public or
surrounding property owners.
13.A DNS was issued on September 2,2011,satisfying the State Environmental Policy
Act (SEPA)requirements.
14.A duly advertised public hearing has been scheduled before the Planning
Commission on Tuesday,August 25,2011 7:00 PM at Marysville City Council
Chambers.
3.0 STAFF RECOMMENDATION
Based on the foregoing findings and conclusions,the Community Development Department
recommends APPROVAL of the NON-PROJECT action area-wide rezone from BP (business
park)to CB (community business),subject to the following condition.
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.
Prepared by:
Reviewed by:
PA 11021
C ....:
Lakewood Neighborhood Rezone Page 4
1Mary~MARYSVILLE PLANNING COMMISSION
WASHINGTOVr::=:::::
September 27,2011 7:00 p.m.City Hall
CALL TO ORDER
Chair Leifer called the September 27,2011 meeting to order at 7:19 p.m.noting the
excused absence of Rob Toyer.He noted that the public hearing would be delayed shortly
while waiting for a fourth Commissioner to form a quorum.
Chairman:
Commissioners:
Staff:
Absent:
PUBLIC COMMENT:
Steve Leifer
Matthew Chapman,Marvetta Toler,Jerry Andes,Eric Emery
CAO/Community Development Director Gloria Hirashima,
Senior Planner Chris Holland,and Recording Secretary Amy
Hess
Rob Toyer
Chair Leifer solicited any comment from the audience other than what is on the agenda.
Seeing none,he closed this portion of the meeting and proceeded on with the Agenda.
CURRENT BUSINESS:
Impact Fee Discussion:
Chair Leifer described the last meeting and the work that had been accomplished;including
the option of a fee reduction rather than deferral.
Commissioner Andes was interested in the School Districts position that they have already
reduced their impact fees and were not interested in giving up any more.Chair Leifer
indicated that it was his perception that the Districts were not interested in reducing their
impact fees any further.Chair Leifer also felt that the Commission needed to work through
this issue with Council and felt that it was important to set up a joint meeting with the City
Council as they have the final say on this matter.Chair Leifer suggested that it was
important to bring outside view points to Council.
Commissioner Toler arrived at 7:24 p.m.
Marysville Planning Commission
September 27,2011 Meeting Minutes
Page 1 of3
OR\G\NAL
Motion made by Commissioner Andes to continue the Public Hearing for Impact Fee
Deferral/Reduction for an indefinite period of time,seconded by Commissioner Chapman.
Motion carries,(4-0).
Chair Leifer questioned the deferral of fees now and the potential of recovering the fees
based on increased development in the future.CAO Hirashima replied that it was very
speculative and difficult to say if the fee reduction would result in increased development.
Ms.Hirashima noted that she would do some research to see if any study had been
conducted anywhere else.She added that she heard that Mountlake Terrace and Arlington
had just completed a fee reduction or deferral ordinances and that she would be looking into
those jurisdictions.
Commissioner Andes questioned if Staff could take a look at all impact fees and where any
fees might be able to be cut or reduced.
Commissioner Emery arrived at 7:30 p.m.
CAO Hirashima discussed analysis that could be done as far as what areas could withstand
a fee reduction.She added that the School District's had made it known that they were
surprised and disappointed that the discussion at the previous meeting had gone down the
path of fee reduction.Chair Leifer noted that he wasn't sure if there was an easy resolution
to the matter and the problems that the school districts face,but he felt there were some
solutions that could solve the problem in a long term manner rather than the archaic manner
being used now.He also felt that it needs to be brought to the surface and looked at.He
concluded that it would be to everyone's benefit to get together and discuss these issues.
Commissioner Emery wanted to reiterate that we need to look more than two years down
the road;that we should be looking at 10 years in the future.The school district had made it
apparent that they really were looking for a two year plan of any fee deferral program.He
felt that the current economic problems were not going to end in 2 years.He was
sympathetic to the hardships the school districts could face.He felt that getting people here
was what was most important.We may not have all the infrastructure we need right off the
bat.Commissioner Emery was willing to have things be difficult for a couple of years in
order to generate some taxes in the future.He really felt that we need to bite the bullet for a
short period of time in order to get people here.
Commissioner Toler discussed a statistic from the NAR that for every home that was sold,
$98,000 worth of commissions and goods was generated.She thought this could be very
beneficial to our local economy.
PUBLIC HEARING:
Lakewood Neighborhood Area-Wide Rezone
Mr.Holland discussed the item in front of the Commission and being heard at the Public
Hearing tonight.He described the history behind the area subject to the proposed rezone.
Mr.Holland noted that the two parcel numbers that had been left off of the master permit
Marysville Planning Commission
September 27,2011 Meeting Minutes
Page 2 of3
application and environmental checklist had been added and the corrections were reflected
in the PC packets.
Mr.Holland stated that he had fielded a phone call from a property owner in the area,
adding that they would be more than willing to work with the City in the future for access
over the BNSF Railway and had no objections to the proposed rezone.He had not fielded
any other public comment or testimony at this point.Staff was recommending the
Commission recommend approval of the rezone and forward it to Council for approval.
Joel Hylback 16720 Smokey Point Blvd.Suite 3,Arlington WA 98223
Mr.Hylback noted that he was very pleased to hear the discussion about the impact fee
deferral or reduction and agreed with Commissioner Emery that we should be looking
further than 2 years into the future.
Mr.Hylback was supporting the proposed rezone as a property owner in the area and felt
that his neighbors were as well,although he could not speak directly for them.
Motion made by Commissioner Emery,seconded by Commissioner Toler,to approve
proposed rezone as written.Motion carries,(5-0).
APPROVAL OF MINUTES:
September 13,2011
Motion made by Commissioner Toler,seconded by Commissioner Emery to approve the
September 13,2011 meeting minutes as presented.Motion carries,(5-0).
ADJOURNMENT:
Motion made by Commissioner Chapman,seconded by Commissioner Andes to adjourn
the meeting at 7:50 p.m.Motion carries,(5-0).Chair Leifer brought Commissioner Emery
up to speed on the state of the Fee Deferral/Reduction discussion earlier at the meeting.
NEXT MEETING:
October 11,2011
Marysville Planning Commission
September 27,2011 Meeting Minutes
Page 3 0'3