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HomeMy WebLinkAboutO-3246 - Rezoning 2.15 Acres of the Josephine Caring Community PropertyCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. Q24 lo AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AFFIRMING THE RECOMMENDATION OF THE HEARING EXAMINER AND REZONING APPROXIMATELY 2.15 ACRES OF THE JOSEPHINE CARING COMMUNITY PROPERTY LOCATED AT 16704 25TH AVENUE NE FROM GENERAL COMMERCIAL (GC) TO R-12 MULTI-FAMILY, LOW DENISTY (R-12), AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY. WHEREAS, Josephine Caring Community owns approximately 7.12 acres of property with i n the City of Marysville generally located at 16704 25 th Avenue NE, said property being legally described in attached Exhibit A; WHEREAS, Joseph i ne Cari ng Community submitted an appl i cati on to the City of Marysville request i ng a site specific NON-PROJECT Action Rezone request i ng a rezone class ificat i on of the northern approx i mately 2.15 acres of their property descri bed i n Exhibit A and dep i cted in Exhibit B from General Commercial to R-12 Multi-fam i ly , Low Dens i ty so that, if approved, the entire property would be zoned R-12 Multi -fam i ly, Low Dens ity; and WHEREAS, following notice as required by law, the City of Marysville Hearing Examiner held a hearing on the proposed rezone on September 13, 2022, and adopted Findings, Conclusions, and Recommendations recommending approval of the rezone request along with Conditional Use Permit Approval for an 80-unit Master Planned Senior Community subject to 15 conditions, which Findings, Conclusions, and Recommendations i s attached hereto as Exhibit C; and WHEREAS, on November 28, 2022 at a publ i c meeti ng the Marysville City Council rev i ewed and concurred with the Hearing Ex aminer's Find i ngs , Conclusions, and Recommendation related to Joseph i ne Caring Commun ity Rezone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. City Council Approval of Hearing Examiner Decision. The Findings, Conclusions, and Recommendations of the Heari ng Examiner w ith respect to the above- referenced rezone are approved, and the property descri bed i n Exhibit A and depicted in Exhibit B is rezoned from General Commercial (GC) to R-12 Multi -family , Low Density (R- 12 ). Section 2. Zoning Classification Conditioned Upon Compliance with Hearing Examiner Decision. The zon i ng classification for the property described i n Exhibit A and depicted in Exhibit B shall be perpetually conditioned upon strict compliance with the conditions set forth in the Findings, Conclusions and Recommendations of the Hearing Examiner, attached hereto as Exhibit C. Violation of the conditions of said decision may result in reversion of the property to the previous zoning classification and/or may result i n enforcement action be i ng brought by the City of Marysville. Section 3. Amendment of Official Zoning Map. The City Council amends the Ci ty 's Official Zon i ng Map , Ordinance No. 3000, as previ ously amended , and the City 's Unified Development Code MMC Title 22, by adopting the Josephine Cari ng Community Rezone which Rezo ne Jos e phin e Carin g Co mmun ity Page 1 o f 4 rezones the property described in Exhibit A and depicted in Exhibit B from Genera l Commercial (GC) to R-12 Multi-family, Low Density (R-12). This amendment shall be attested by the signature of the Mayor and City Clerk, with the seal of the municipality affixed, shall be include with the Official Zoning Map on file in the office of the City Clerk, and shall be available for public inspection. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word 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. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections Section 6. Effective Date. This ordinance shall become effective five days after the date of its publication by summary . 5 +"' PASSED by the City Council and APPROVED by the Mayor this ----"-~-day of _D.r.....=,eL""""e"'-'-'.Yn_,b"-=ev=--· __ _,, 2022. CITY OF MARYSVILLE By: Attest: By: 1 ill~ DEPtr"TY CITY CLERK bene,,l1 ltl bud ,s I Approved as to form : By: Date of Publication: I 2 . ~ · ·2-0 2 2 Effective Date: \ '2. · \ 4 • 2..0 '2.1. (5 days after publication) Rezone Josephine Caring Community Page 2 of 4 EXHIBIT A The north half of the southwest quarter of the northeast quarter of the northwest quarter of Section 29, Township 31 North, Range 5 East, W.M.; Except that portion dedicated to the Plat of Lakewood Meadow according to the plat thereof recorded under Snohomish County Auditor's File No. 200110175002, records of Snohomish County, Washington; Together with the south 140.00 feet of the lot 2 , City of Marysville Boundary Line Adjustment No. BLA21-001 recorded under Auditor's File No. 202105265008 in the records of Snohomish County being a portion of the northeast of the northwest of Section 29, Township 31 North, Range 5 East, W.M. Rezone Josephine Caring Community Page 3 of 4 CITY OF MARYSV1LLE BOUNDARY LINE ADJUSTMENT NUMBER BLA22-004 GENERAL. NOTES ' ..,..os,o,,,, ,.,,.,,.o. .... ..,_ .... --""' --....i,-,,;u,ic:■,u:J.,l;-1110-(l!k> ~,.,O,€,t-10,..-. •. ..-..-Jfo>~--""-... ___ '·'•'l llf<llf"'-1 ..r•-,.,.,.,. -,<_,.,, •JVW-,C !>o'l(<:f"l.-.:,'O• ... --••rq, ,,("'Cl(,~ ......... ~A'()•O(V, "'-""l• • S11 ol'l• ••--c,o,•.--,:,,~ s.o,,,;,; '1:1'-., IX OCOII.,-(#.,.($, ~ ~ -""v Ml-~ ,.,_~-"" ..._ or..-:-- -~--,,.;.&v-H.1 ·,o,,...,. CO:-"'V<' NO '«" ..,._, ~•If!>_,..,, " /<ln T..: f•'WoUo' 1.-,-J> ""u o<ll!f,:,,, on,'I m ,_ oc-rw~• , •..,; <a.JF,., •·..,,nn,T'\ _, ..,..,,. ~ _"',...,., (»C!,l>o;<t'l(•-,<.""")N◊l•'Q•Joo'() 'U~• o_..--,~ ...,.__,,u,"' "f,:u,,c .-, """'""'" •o,, '""'· -,..:e, .. oc:Mill>'i:#:iolll BASIS OF BEARINGS .._._1"-"°"') "-" c,,• KT-rr>, -<?JO< -•-out~,- ~ ON;l -• .. o ..,"t• <,~ ('f 'if~-!"f. -)' -1'-·-~, ... ,, .... Rezone LEGEND .llf , ·y ICII"' ,.,.. ,£,..-:,,, _., ••-a>"l.l~lW I 1::,.:;, ~ ........ t,1111. , .. ~. ·~-· u ·,~ :-9ilf.,.. oti_...(,.., ••••n •ll!>'!:":•1••""' ...... « ..... , ........ ,, .. _....,, JIO">.-;,,;,,>'IC> EXHIBIT B 1 • 1_ .. ,,, .. -, .• ., l NORTH PEAK ASSOCIATES LLC PROFESSIONAL LAND SURVEYORS ,n,o~ERED4IONOffOADNE Sl.KTETM ~EWAH072 (:x16)601.«.f2 WWW NC;IRTl-ff.AKASSOCIA TES COM Josephine Caring Community f'OR1IONO¥ 1'IE fH OF THE WW t/4 0,: SEC, 1'. 7WP. Jt N., ffGE.. S E., MU,f, .SCALE tlHCH • IO FT ~-t.....:d -rov,,c,,tM~ • -~ '\~ "l .. ,. II<' .. :,,c-1<111(~• ... ,._,.... '-'-"<'-.. -•~ , • .,._ .......... , ..... ,20-J .. ,C, .-.... , -•• -....... 10THPLH_E__ I ~~.·~ \ \_~/~-~ -1 .,....r--==== BOUNDARY UNE ADJUSTMENT JOSEPHINE SUNSET HOME Page 4 of 4 APPLICANT: CASE NO.: LOCATION: APPLICATION: EXHIBIT C CITY OF MARYSVILLE Hearing Examiner Findings, Conclusions and Decision Josephine Caring Community PA 21054 16704 25th Avenue NE, Marysville, WA Request for a Condit ional Use Permit and Concurrent Rezone in order to construct an 80 -unit Master Planned Senior Community on a 7.12 -acre site . Approximately 2.15-acres of the development site is currently zoned General Commercial and the applicant is proposing to rezone to Multi-family, Low Density. SUMMARY OF RECOMMENDATION: Staff Recommendat ion : Approve the Conditional Use Perm it for the Master Planned Senior Community, and the concurrent rezone of a portion of the site from Genera l Commercial to R-12 Multi-family, Low Density. Hearing Examiner Decision : Approve the Conditional Use Permit for the Master Planned Senior Community, and the concurrent rezone of a portion of the site from General Commercial to R-12 Multi-family, Low Density . 15 Conditions are applied , plus the 8 condit ions documented in the SEPA Mitigated Determination of Non-Significance issued on August 5, 2022 . PUBLIC HEARING After reviewing the official file, which included the Marysville Community Development Department Staff Recommendation ; the Hearing Exam i ner conducted a public hearing on the request from the Josephine Caring Commun ity for a Conditional Use permit and a concurrent rezone for a portion of the subject site. The hearing was opened at 5 :07 p.m., September 13, 2022, and closed at 5:33 p.m .. The public hearing took place by Zoom teleconference . The Hearing Examiner, City staff, the applicant and the public attended and part icipated via Zoom teleconference hosted by the city . Participants at the public hearing included a representative of \.__.._,_ 1 T ,ncsr,.-,--~___..._ I l I I ----~ ___ ..,_U. OI U __,-......,.1.0o OIO )"""""J .. -,~ -0.--C--0...-,.,..,._...,,...,. ----- C-.0,--'--$Ill-... ...,.,_'"°'t"'lr'!lo.-l .. L ~"'---'tA__,..,..., ,.s .... ,...,,..,, --u. .... -~-........... .....,. .... Hearing Examiner Decision File No.: PA 21054 Page 2 the city of Marysville Community Development Department, representatives of the applicant - Josephine Caring Community, and a member of the public. These persons are listed below together with a summary of their testimony, and are documented in the minutes of the hearing . A verbatim recording of the hearing and summary minutes are available from the Community Development Department. A list of exhibits offered and entered into the record at the hearing and a list of parties of record are included at the end of this report. HEARING COMMENTS AND TESTIMONY The Hearing Examiner noted for the record that the issue under consideration is the request for a Conditional Use Permit and a concurrent Rezone to construct an 80-unit Master Planned Senior Community on a 7.12-acre site. MMC Section 22G.010.430, Conditional Use Permit, sets forth criteria for governing the issuance of a Conditional Use Permit. MMC Section 22G.010.440(1)(a-d) provides the criteria for a Comprehensive Plan Rezone and MMC Section 22G.010.440(2)(a-c) provides conditions for a Rezone at the Edge of a Land Use District. MMC 22G .010 .170 (3) (a-e) provides the 5 factors the Hearing Examiner must consider and find to be consistent, in order to approve the proposal. These are addressed in the Staff Recommendation (Ex h ibit 59) and are documented in the Hearing Examiner findings . Testimony was provided by city of Marysville Community Development Department staff, representatives of the applicant, and a member of the public. A summary of the test i mony is as follows: City of Marysville, Community Development Department Angela Gemmer, Principal Planner reviewed the proposal for a Conditional Use permit and a Rezone and provided a brief description of the site and the proposed Master Planned Senior Community. Ms. Gemmer noted that the developer of the proposed senior community would not be required to pay a school impact fee, and the developer would pay a park impact fee. Stormwater would be treated on-site employing low-impact development techniques. A SEPA Mitigated Determination of Non-Significance was issued on August 5, 2022, and there were no appeals. Staff recommends approval of the proposal with 15 conditions plus the 8 conditions documented in the MONS . Applicant: Josephine Caring Community Merle Ash, Land Technologies, Inc. commended Marysville staff and the team that put this project together. As planned, the project will support needs in the community, and it is in a good location with nearby services, shopping and other types of residential uses. Paul Aigner Land Technologies, Inc. noted that there is market demand for this housing type as it affords seniors the ability to age in an urban environment. Residents of this project are supported by an affiliated facility in Stanwood that can provide an enhanced level of care . Hearing Examiner Decision File No .: PA 21054 Page 3 Terry Robertson, a nursing home administrator, noted the planned high-quality design and amenities, including open space, and confirmed that there is a greater level of care available at the affiliated facility in Stanwood. Natalie Ruiz, with the architecture firm CRTKL described the project as an extraordinary placemaking opportunity with services that promote healthy living. Ms. Ruiz offered thanks to the city of Marysville staff, especially to Angela Gemmer. Phyllis McKenzie, a nearby resident, offered the opinion that land currently zoned General Commercial should not be rezoned for residential use because there are not enough nearby grocery stores and other businesses. There is too much residential development between 1-5 and the railroad tracks. WRITTEN COMMENTS None entered into the record at the hearing. FINDINGS, CONCLUSIONS AND RECOMMENDATION Having considered the entire record in this matter, the Hearing Examiner now makes and enters the following: A. FINDINGS 1. The information contained in the Marysville Community Development Department Staff Recommendation (Exhibit 59) is found by the Hearing Examiner to be supported by the evidence presented during the hearing and is by this reference adopted as portion of the Hearing Examiner's findings and conclusions . A copy of the Staff Recommendation is available from the Marysville Community Development Department. 2 . The minutes of the hearing are an accurate summary of the testimony offered at the hearing and are by this reference entered into the official record. 3 . The applicant has provided evidence and has demonstrated that the request meets all of the criteria for a Conditional Use Permit in accordance with MMC Section 22G .010.430 as documented in Section 15 of the city of Marysville Staff Recommendation (Exhibit 59). 4. The applicant has provided evidence and has demonstrated that the Comprehensive Plan Rezone request meets all the criteria for a Rezone in accordance with MMC Section 22G.010.440(1)(a-d) as documented in Section 16 of the city of Marysville Staff Recommendation (Exhibit 59). 5. The applicant has provided evidence and has demonstrated that the proposed Rezone request meets all the criteria for a Rezone at the Edge of a Land Use District in accordance with MMC Section 22G.010.440(2)(a-c) as documented in Section 17 of the city of Marysville Staff Recommendation (Exhibit 59). 6. MMC 22G .010.170(3)(a-e) requires that the Hearing Examiner not approve a proposed development without first making the following findings and conclusions: Hearing Examiner Decision File No .: PA 21054 Page 4 a. The development is consistent with the comprehensive plan and meets the requirements and intent of the Marysville Municipal Code . City of Marysville Staff Response The Comprehensive Plan designation for the subject property is General Commercial and Multi-family, Low Density. The proposed development and subsequent use of the property will be consistent with the pertinent development policies outlined in the Marysville Comprehensive Plan and the intent of the Marysville Municipal Code, as conditioned herein . For compliance with spec ific Comprehensive Plan policies, please see Section 14(c) of the city of Marysville Staff Recommendation (Exhibit 59). Hearing Examiner Finding Concur with the staff response . This criterion is met. b . The development makes adequate provisions for open space, environmentally sensitive areas, drainage, streets and other public ways, transit stops, water supply, sanitary wastes, public utilities and infrastructure, parks and recreation facilities, playgrounds, sites for schools and school grounds . City of Marysville Staff Response Based on a review of the preliminary MPSC site plan and application materials, the development makes adequate provisions for open space, environmentally sensitive areas, drainage, streets and other public ways, transit stops, water supply, sanitary wastes, public utilities and infrastructure, parks and recreation facilities, playgrounds, sites for schools and school grounds. Hearing Examiner Finding Concur with the staff response. For this proposed Master Planned Senior Community, it is not applicable to make adequate provisions for environmentally sensitive areas, transit stops, playgrounds and sites for schools and school grounds . This criterion is met. c. The development is beneficial to the public health, safety and welfare and is in the public interest. City of Marysville Staff Response : As conditioned herein, the proposed MPSC is beneficial to the public health, safety and welfare and is in the public interest as the MPSC provides senior housing and is designed in accordance with applicable Marysville Municipal Code requirements. Hearing Examiner Finding Concur with the staff response . This criterion is met. d . The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the comprehensive plan . If the development results in a level of service lower than those set forth in the comprehensive plan, the development may be approved if improvements or Hearing Examiner Decision File No .: PA 21054 Page 5 strategies to raise the level of service above the min i mum standard are made concurrent with the development. For the purpose of this section, "concurrent with the development" is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development. City of Marysville Staff Response: As conditioned herein, the development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the comprehensive plan. Hearing Examiner Finding Concur with the staff response. Impact fees for transportation and parks will be provided. This criterion is met . e. The area, location and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mit igate the effects of the development, and are proportional to the impacts created by the development . City of Marysville Staff Response As conditioned herein, the area, location and features of land 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 Finding Concur with the staff response. This criterion is met . B. CONCLUSIONS The Hearing Examiner concludes that the applicant has demonstrated that the request is consistent with the provisions for a Conditional Use Permit and Rezone. Responses to each of the Conditional Use Permit criteria in MMC 22E.050 .060(2){a){i-v) and the Rezone criteria in MMC Section 22G .010.440(1){a-d) are deemed to be satisfactory w ith respect to their intent. The proposal also compl ies with the MMC 22G.010.170(3){a -e) which is necessary for the Hearing Examiner to approve a proposed development. C. DECISION Based upon the foregoing findings of fact and conclusions , the Hearing Examiner approves the request for a Conditional Use Permit and a Rezone from the city of Marysville for the proposed Josephine Caring Community with the 15 conditions detailed in the Staff Recommendation, plus the 8 conditions associated with the MONS : 1. The site plan configuration received on April 29, 2022 (Exhibit 41) shall be the approved site plan ; provided that, additional Americans with Disabilities Act (ADA) parking may need to be designated as determined by the Building Official in accordance with MMC Section 22C.130.0S0(S ){e). Hearing Examiner Decision File No .: PA 21054 Page 6 2. In lieu of paying school impact fees typically required by MMC Chapter 22D .040, School Impact Fees and Mitigation, a covenant ensuring that no children less than 18 years of age would reside in the project may be recorded for the property subject to approval by the Lakewood School District. Said covenant must include procedures to routinely determine if the age restrictions of the community are being met, and allow the District to recover any costs it may incur should the project not be in compliance with the min i mum age requirements and fees must be collected . Said covenant shall be recorded with the Snohomish County Auditor prior to building permit issuance. 3. The applicant shall submit payment to the City of Marysville for park impacts caused by the development in accordance with MMC Chapter 22D .020, Parks, Recreation, Open Space and Trail Impact Fees and Mitigation. Park mitigation fees will be based on the fee schedules in effect at the time an individual building permit application is accepted by the City, and will be required to be paid prior to building permit issuance. 4. Prior to civil construction plan approval , the applicant shall submit a final landscape and irrigation plans meeti ng the requirements MMC Chapter 22C.120, Landscaping and Screening . 5. Prior to civil construction plan approval, an exterior lighting plan that includes representative specifications for the various lighting fixtures, and a photometric plan demonstrating compliance with the Lakewood Neighborhood Master Plan , Appendix A - Design Standards, Section B.3(4)(c) and MMC Section 22C.130.050(3)(d) must be submitted for review and approval. 6. Prior to civil construction plan approval, the Josephine Sunset Home Boundary Line Adjustment (file BLA22-004) shall be recorded with the Snohomish County Auditor's Office, and an electronic copy of the conformed BLA map shall be submitted to the City. 7. Decorative street lighting consistent with Lakewood Neighborhood Master Plan (LNMP), Appendix Band Engineering Design and Development Standards (EDDS) Standard Plan 3- 506 shall be required for the project. A street lighting plan shall be submitted as part of the formal civil construction plan submittal and is subject to review and approval by Jesse Hannahs, P.E., Traffic Engineering Manager. Decorative street lighting will be required on 169th Place NE and 25th Avenue NE. PUD installed fiberglass street lighting will be required on 23rd Avenue NE . 8. Prior to building permit issuance, the applicant shall demonstrate compliance with the Lakewood Neighborhood Master Plan, Appendix A -Design Standards, Section B.3 Site and building design standards. 9. Prior to building permit issuance, the single family residences shall demonstrate compliance with the Lakewood Neighborhood Master Plan, Appendix A -Design Standards, Sections B.3, Site and Building design standards, subsection (2) and (4), and B.5, Single Family and Duplex Development Standards . Hearing Examiner Decision Fi le No .: PA 21054 Page 7 10. Compliance with Lakewood Neighborhood Master Plan, Appendix A-Design Standards, Section 8.13, Service Ar eas and Mechanical Equipment, shall be demonstrated prior to civil construction and/or building permit approval, as applicable . 11. Pursuant to MMC Section 22C.220.050(2)(f), Maintenance Provisions, a means of maintaining all common areas of the MPSC, such as a homeowner's association, shall be established, and legal instruments shall be executed to provide maintenance funds and enforcement provisions. 12. Pursuant to MMC Section 22C.220.090(15), Covenant and Duration . An agreement in a form approved by the city must be recorded on the property requiring that the provisions of MPSC chapter, including age restrictions and site plan approval, be maintained for the life of the project. The agreement shall be recorded prior to final occupancy permits being granted. Said agreement shall be a covenant running with the land , binding on the assigns , heirs and successors of the applicant. 13 . Prior to final occupancy permits being granted, an Arlington Airport avigation easement shall be executed and recorded with the Snohomish County Auditor's Office, and a conformed copy shall be provided to the cities of Arlington and Marysville . 14. All new power lines , telephone wires, television cables, fire alarm systems, and other communication w i res , cables or l i nes shall be placed in an unde r ground location either by direct burial or by means of conduit or ducts with the exception of the city f i re alarm system. 15 . The project is subject to the following eight (8) mitigation measures outlined in the SEPA Mit igated Determ i nation of Non-Significance issued on August 5, 2022 (Exhibit 52). 1.The applicant and contractor shall strictly adhere to the recommendations outlined i n the Stormwater Site Plan Report prepared by Land Technologies, Inc. dated October 2021 and revised February 2022 , and the Preliminary Geotechnical Engineering Study prepared by Earth Solutions NW, LLC dated July 13, 2018, and future supplemental reports and amendments, duri ng construction of the project. Prior to final building inspections being granted, the applicant shall provide a letter from the project engineer to verify that final site grading has been completed consistent with the approved grading plans; that all recommendations outlined in the geotechnical assessment and subsequent amendments have been followed ; and that all fill has been properly p laced 2. The applicant shall prepare a grading plan that preserves the natural topography of the site to the extent feasible, and complies with the des ign criteria in MMC Sect ion 22D.050.030(4). The site shall be developed to promote continuity between, and a smooth transition to, neighboring properties. 3. In order to mitigate impacts upon the future capacity of the road system , the applicant shall be required to subm it payment to the City of Marysville, on a proportionate share cost of the future capacity improvements as set forth in MMC 22D .030.070(3), for the development. Traffic impact fees shall be vested at a rate of $6,300.00 per new PM peak Hearing Examiner Decision Fi le No.: PA 21054 Page 8 hour trip (PMPHT). 23rd Avenue NE and 169th Place NE are eligible for traffic impact fee (TIF) credits. 4. The applicant shall be required to construct frontage improvements along the property's 23rd Avenue NE and 169th Place NE frontages consisting of curb, gutter, sidewalk, landscaping, and a m inimum of 20 feet of pavement consistent with City of Marysville Engineering Design and Development Standards (EDDS). 5. The applicant shall be required to construct frontage improvements along the property's 25th Avenue NE frontage consisting of curb, gutter, sidewalk, landscaping, and pavement to the property line consistent with City of Marysville Engineering Design and Development Standards (EDDS). A private covenant recorded under Auditor's File Number 200608301001 may require additional improvements to 25th Avenue NE in coordination with the other property owners subject to the agreement as detailed in said agreement. 6. A preliminary design of the roundabout at the intersection of 23rd Avenue NE and 169th Place NE includ i ng truck turning templates has been prepared by the adjacent project. Construct ion of curb, gutter and sidewalk i n ultimate location upon development controlled parcels shall be requ ired for the development. Temporary striping will be necessary to provide a temporary standard intersection unti l the roundabout is constructed by adjacent developments. 7. The applicant shall be required to dedicate the necessary right-of-way on 23rd Avenue NE , 25th Avenue NE, 169th Place NE , and the 23rd Avenue NE/169th Place NE roundabout to enable build -out of 23rd Avenue NE , 25th Avenue NE, 169th Place NE , and the 23rd Avenue NE/169th Place NE roundabout consistent with EDDS standards. 8 . The Department of Archaeology and Historic Preservation's (DAHP) Inadvertent Discovery Plan shall be followed during site construction. If at any time during construct ion archaeological resources ar e observed on the project site, work shall be temporarily suspended at the location of discovery and a professional archaeologist shall document and assess the d iscovery . The DAHP and all concerned tribes shall be contacted for any issues i nvolving Native Amer ican sites. If project activities expose human remains, either i n the form of burials or isolated bones or teeth, or other mortuary items, work in that area shall be stopped immed i ately. Local law enforcement, DAHP , and affected tribes shall be i mmediate ly contacted. No addit ional excavation may be undertaken until a process has been agreed upon by these parties, and no exposed human rema i ns shou ld be left unattended . Dated this 25 t h day of September, 2022 . ~lJ//l~aicf Kev i n D. McDonald , AICP Hearing Exam iner EXHIBITS Hearing Examiner Decision File No .: PA 21054 Page 9 The following exhibits were offered and entered into the record: 1. Land Use Permit Applicat ion, 10.25 .21 29 . Response to Traffic comments, 02.18 .22 2. Project Narrative, 10.25.21 30 . Traffic Analysis Final, 02 .18.22 3 . Chicago Title-Title report, 10.25 .21 31. BLA draft, 02 .18.22 4. Environmental Checklist , 10.25 .21 32 . SEPA Checklist Updated, 02 .18.22 5 . Wetland Solutions-Critical Area Study, 33. Pre li minary Site Plan , 02 .18 .22 10.25 .21 34 . Landscape Plan, 02.18.22 6 . Earth Solutions-Geotechnical Report , 35. Civil Plan , 02 .18.22 10.25 .21 36. Stormwater Report, 02 .18.22 7 . Land Technologies-Stormwater Site Plan , 37 . SWPPP , 02.18.22 10 .25 .21 38 . Architectural Plans , 02.18 .22 8 . GTC -Traffic Impact Analysis, 10.25 .21 39 . TRC2, 03 .11.22 9 . City-Wetland Determination Concurrence 40 . Resubmittal response letter, 09 .02 .22 letter, 10.25 .21 41. Revised Site Plan, 05 .20 .22 10. Land Technologies-Stormwater Pollution 42. Revised Architectural Plan , 05 .23 .22 Prevention Plan, 10.25 .21 43. Revised Civil Plan , 05 .23.22 11. 24 x 36 Elevations, 10.25.21 44 . Revised Landscape Plan, 05 .23.22 12 . 24 x 36 Lighting & Signage Plan , 10 .25 .21 45. Lighting specs, 09 .02 .22 13 . 24 x 36 Landscape Plan , 10.25 .21 46 . EDDS Var iance request and approval, 05 .04 .22 14 . 24 x 36 Building Plot Plan, 10.25 .21 47 . TRC3, 05 .23.22 15 . 24 x 36 Architectural Plans, 10.25.21 48 . Traffic Concurrency Recommendation , 16. 24 x 36 Preliminary Site Plans , 10.25 .21 05.24 .22 17. 24 x 36 Civil Plans, 10.25 .21 49. Initial Tr affic Concurrency Offer, 18. Letter of completeness, 11.04.21 49a . City Clarification Concurrency Offer 19 . Notice of Application , 11.04 .21 so. Notice of Public Hearing, 08.26 .22 20. RFR Checklist, 11.04 .21 51. Revised Traffic Concurrency Offer, 09 .02 .22 21. Technica l Review Comments -1 (TRCl), 52 . SEPA MDNS , 08 .26 .22 09.02 .21 53. SEPA Notice, 09.02 .22 22 . Snohomish County Traffic Concurrence letter, 54 . SEPA Notice Affidavit, 09 .02 .22 09.02.22 55 . BLA Preliminary Approval Letter, 08 .09 .22 23 . Berm email, 12 .02 .21 56 . BLA map, 08.05 .22 24 . Declaration of Improvement Covenant, 57 . CUP Responses, 09.02 .22 12 .15 .21 58. NOPH-Josephine CC and Twin Lks Logist ics, 25 . Resubmittal response , 02 .18.22 09 .01.22 26. Submittal List, 02 .18 .22 59 . Staff Recommendation , 09 .07 .22 27 . Title Report, 02.18 .22 28 . Rezone Narrative, 02 .18.22 PARTIES of RECORD at the PUBLIC HEARING Angela Gemmer Marysville Community Development Department 80 Columbia Avenue Marysville, WA 98270 Terry Robertson 9901 -272 nd St. Stanwood Natalie Ruiz CallisonRTKL 333 S. Hope Street, Suite C200 Los Angeles, CA 90017 RECONSIDERATION -MMC 22G.010.190. Merle Ash Hearing Examiner Decision File No .: PA 21054 Page 10 Land Technologies, Inc. 18820 3rd Ave NE Arlington, WA 98223 Paul Aigner Land Technologies, Inc. 18820 3rd Ave NE Arlington, WA 98223 Phyllis McKenzie 1528 -172 nd Street NE Marysville, WA 98270 A party to a public hearing may seek reconsideration only of a final 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 22.010 .530(3). The hearing 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 . If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and reissue the decision . Reconsideration should be granted only when a legal error has occurred , or a material factual issue has been overlooked that would change the prev ious decision . JUDICIAL APPEAL -MMC 22G.010.560. (1) Appeals from the final decision of the hearing examiner, or other city board or body involving MMC Title 22 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, Chapter 36 .70C RCW, 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 transc ri bing 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.