Chapter 22E.040
DOWNTOWN PLANNED ACTIONS
Sections:
22E.040.030 Procedure and criteria for evaluating and determining projects as planned actions.
22E.040.040 Planned action area.
22E.040.050 Land use and transportation thresholds.
22E.040.060 Review and approval of planned action projects.
22E.040.070 Environmental documents.
22E.040.080 Conflict of development regulations and standards.
22E.040.010 Purpose.
The city council declares that the purpose of this chapter is to:
(1) Combine environmental analysis with land use planning;
(2) Streamline and expedite the land use permit process by relying on completed and existing detailed environmental analysis for certain land uses allowed in downtown Marysville;
(3) Set forth a procedure designating certain project actions within downtown Marysville as planned actions consistent with RCW 43.21C.031;
(4) Provide the public with an understanding of planned actions and how the city will process planned actions;
(5) Adopt the supplemental environmental impact statement for the downtown master plan (SEIS) as a planned action document that provides a framework for encouraging development proposals within the planned action area described in MMC 22E.040.030(1) (“planned action projects”) that are consistent with the goals and policies of the city of Marysville comprehensive plan and the city of Marysville downtown master plan; and
(6) Apply the city’s development codes together with the SEIS and mitigation framework described in MMC 22E.040.030 to expedite and simplify processing planned action developments, consistent with RCW 43.21C.240 and WAC 197-11-158. (Ord. 2852 § 10 (Exh. A), 2011).
22E.040.020 Findings.
The city council finds that:
(1) A subarea plan (downtown master plan or downtown plan) has been prepared and adopted by the council under the provisions of the Growth Management Act, Chapter 36.70A RCW, for the geographic area located within the downtown planning area commonly known as the downtown.
(2) The downtown master plan is consistent with the Marysville comprehensive plan and provides for the planned build-out of the downtown over a 20-year planning period.
(3) A supplemental environmental impact statement has been prepared pursuant to Chapter 43.21C RCW in conjunction with the adoption of the downtown master plan.
(4) The downtown plan and SEIS have addressed all the significant environmental impacts associated with the land uses allowed by the applicable development regulations and standards as described in the plan.
(5) The thresholds described in the downtown plan and SEIS are adequate to identify significant adverse environmental impacts.
(6) The mitigation measures contained in MMC 22E.040.070, together with the city’s development regulations and standards, are adequate to mitigate the significant adverse environmental impacts anticipated by development consistent with the downtown plan.
(7) A streamlined process will benefit the public, adequately protect the environment, and enhance the economic redevelopment of the downtown.
(8) Public involvement and review of the downtown plan and SEIS have been extensive and adequate to ensure a substantial relationship to the public interest, health, safety, and welfare.
(9) The uses allowed by the city’s development regulations in the zoning classifications in the downtown will implement the downtown plan.
(10) This chapter shall be known as the “downtown planned actions” ordinance or chapter. (Ord. 3192 § 1, 2021; Ord. 2852 § 10 (Exh. A), 2011).
22E.040.030 Procedure and criteria for evaluating and determining projects as planned actions.
(1) Land uses and activities described in the downtown master plan and SEIS, subject to the thresholds in MMC 22E.040.050 and the mitigation measures described in MMC 22E.040.070 may be determined to be planned actions consistent with RCW 43.21C.031 and WAC 197-11-164 through 197-11-172 and pursuant to this chapter.
(2) Applications for project permit or approval which may qualify as planned actions under this chapter shall meet the submittal requirements of Chapter 22G.010 MMC for the particular type of land use action, permit, or approval sought, including submittal of an environmental checklist or other environmental document where required.
(3) Upon receipt of a complete application under the provisions of Chapter 22G.010 MMC, the community development director or designee shall determine whether a particular application for project permit or approval qualifies as a planned action according to the following criteria:
(a) The project is located within the geographic boundaries described in the downtown plan;
(b) The zoning designation of the property where the project is proposed is consistent with those designations analyzed in the downtown plan and SEIS;
(c) The use described in and proposed by the project application is among, or consistent with, the uses and intensity of uses allowed by the city’s development regulations and consistent with those uses analyzed in the downtown plan and SEIS;
(d) The proposed project impacts, both project-specific and cumulative, are within the thresholds set forth in the downtown plan and SEIS per MMC 22E.040.050;
(e) The project’s probable significant environmental impacts have been adequately addressed and analyzed in the downtown plan and SEIS, as defined below:
(i) Marysville downtown master plan and planned action final SEIS, dated September 27, 2021, and associated draft SEIS, dated February 25, 2021.
(ii) Marysville downtown master plan final SEIS, dated October 9, 2009, and associated draft SEIS, dated July 20, 2009;
(f) The project implements the goals and policies of the downtown plan and is consistent with the city’s comprehensive plan;
(g) The project’s probable significant environmental impacts will be adequately mitigated or avoided through the application of the mitigation measures and other conditions required by MMC 22E.040.070 and other local, state, and federal development regulations and standards;
(h) The proposed project complies with all applicable local, state, and federal regulations and development standards;
(i) The proposed project is located within the city of Marysville urban growth area;
(j) The proposed project is not an essential public facility as defined by RCW 36.70A.200 unless an essential public facility is accessory to or part of a residential, office, school, commercial, recreational, service, or industrial development that is designated a planned action under this subsection, per RCW 43.21C.440.
(4) The community development director shall make a written determination that an application for project permit or approval meets the criteria in subsection (3) of this section. Such written determination shall be issued simultaneously with, and in the same manner as, the written notice of application required by Chapter 22G.010 MMC, Article IV, Land Use Application Requirements. The community development director’s determination shall be appealable in accordance with MMC 22G.010.550.
(5) If the community development director determines that an application for project permit or approval does not qualify as a planned action, the application shall be reviewed and processed under the applicable procedures for project approval under Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. The community development director shall prescribe a SEPA review procedure consistent with Chapter 22E.030 MMC. Such SEPA review may use or incorporate relevant elements of the environmental analysis in the SEIS or downtown master plan.
(6) If the community development director determines that an application for project permit or approval qualifies as a planned action, the project permit application shall be processed under the administrative procedures set forth in MMC 22E.040.060. (Ord. 3192 § 2, 2021; Ord. 2852 § 10 (Exh. A), 2011).
22E.040.040 Planned action area.
This “planned action” designation shall apply to the area shown in Figure 1 of this section.
Figure 1: Downtown Planned Action Area
(Ord. 3192 § 3, 2021).
22E.040.050 Land use and transportation thresholds.
The following thresholds shall be used to determine if a site-specific development proposed within the planned action area was contemplated as a planned action project and has had its environmental impacts evaluated in the planned action SEIS:
(1) Qualifying Land Uses.
(a) Planned Action Categories. The following general categories/types of land uses are defined in the downtown plan and can qualify as planned actions:
(i) Single-family and accessory dwelling units.
(ii) Townhome/multiplex.
(iii) Multifamily.
(iv) Industrial.
(v) Office.
(vi) Retail.
(vii) Mixed uses.
(viii) Open space, parks, trails, recreation, gathering spaces.
(ix) Street and nonmotorized circulation improvements consistent with the transportation evaluation in the planned action SEIS.
(x) Civic, cultural, governmental and utility facilities as allowed in the zoning code.
(xi) Other uses allowed in the zoning regulations applicable to the planned action area.
(b) Planned Action Project Land Uses. A primary land use can qualify as a planned action project land use when:
(i) It is within the planned action area as shown in MMC 22E.040.040;
(ii) It is within one or more of the land use categories described in subsection (1)(a) of this section; and
(iii) It is listed in development regulations applicable to the zoning classifications applied to properties within the planned action area.
A planned action project may be a single planned action land use or a combination of planned action land uses together in a mixed use development. Planned action land uses may include accessory uses.
(c) Public Services. The following public services, infrastructure, and utilities can also qualify as planned actions: streets and nonmotorized improvements, utilities, parks, trails, civic, cultural, governmental, and similar facilities developed consistent with the planned action SEIS mitigation measures, city design standards, critical area regulations, and the Marysville Municipal Code.
(2) Development Thresholds.
(a) Land Use. The following thresholds of new land uses in Table 1 are contemplated by the planned action:
|
|
No Action |
Action |
|
Residential |
1,885 |
2,579 |
|
Jobs |
1,360 |
1,828 |
(b) Shifting development amounts between land uses identified in subsection (1)(a) of this section may be permitted when the total build-out is less than the aggregate amount of development reviewed in the planned action SEIS; the traffic trips for the preferred alternative are not exceeded; and the development impacts identified in the planned action SEIS are mitigated consistent with MMC 22E.040.070.
(3) The number of new p.m. peak-hour trips anticipated in the planned action area and reviewed in the planned action EIS are outlined in Table 2.
|
Alternative |
Inbound |
Outbound |
Total |
|
Action Alternative |
4,176 |
4,339 |
8,515 |
Transportation improvements identified within the comprehensive plan are needed to support the expected land use. Transportation mitigation shall be provided consistent with mitigation measures in MMC 22E.040.070(4).
(4) Further environmental review may be required pursuant to WAC 197-11-172, if any individual planned action project or combination of planned action projects exceeds the development thresholds specified in this chapter and/or alters the assumptions and analysis in the planned action SEIS. (Ord. 3192 § 4, 2021).
22E.040.060 Review and approval of planned action projects.
(1) An application for project permit or approval, which is designated by the community development director as a planned action under MMC 22E.040.030, shall be subject to approval under the provisions of Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures.
(2) No application for project permit or approval designated a planned action under MMC 22E.040.030 shall require the issuance of a threshold determination under SEPA, as provided by RCW 43.21C.031 and WAC 197-11-172(2)(a). No procedural SEPA appeals under Chapter 22E.030 MMC shall be allowed.
(3) An application for project permit or approval designated a planned action under MMC 22E.040.030 shall not be subject to further procedural review under SEPA, but the proposed project may be conditioned to mitigate any adverse environmental impacts which are reasonably likely to result from the project proposal.
(4) The determination to approve, conditionally approve, or deny an application for planned action project permit or approval shall be appealable pursuant to MMC 22G.010.550; provided, that the environmental analysis and mitigation measures or other conditions contained in MMC 22E.040.070, the downtown master plan, or SEIS shall be afforded substantial weight. (Ord. 3192 § 5, 2021; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22E.040.040).
22E.040.070 Environmental documents.
A planned action designation for a site-specific project action, permit, or approval shall be based upon the environmental analysis contained in the downtown master plan and SEIS, including mitigation measures listed below. The mitigation document is based upon the analysis contained in the SEIS. The mitigation document, together with existing city codes, ordinances, and standards, shall provide the framework for the decision by the city to impose conditions on a planned action project. Other environmental documents and studies listed in the downtown plan and SEIS may also be used to assist in analyzing impacts and determining appropriate mitigation measures in accordance with MMC 22E.040.060.
(1) Surface Water/Water Resources. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Compliance with the Marysville storm water management manual and associated municipal codes in MMC Title 14, Water and Sewers, including but not limited to water quality treatment system installation and low impact development (LID) improvement studies and plans and system maintenance.
(b) Compliance with federal or state permits (Clean Water Act, Endangered Species Act) for specific work that may require filling or dredging below the ordinary high water mark in Ebey Slough and state (Washington Department of Natural Resources) and tribal commitments for in-water projects.
(c) Conditions of approval for storm water management as determined by the city to respond to water quality monitoring from the Allen Creek basin as the result of development and operations that discharge without end of pipe treatment.
(2) Land and Shoreline Use and Aesthetics. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Form-based code standards in Chapter 22C.080 MMC, Downtown Master Plan Area – Design Requirements, regarding zoning and land uses; street design, circulation and parking; block frontages; site planning; and building design.
(3) Socioeconomics. Where applicable, planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Form-based code standards in Chapter 22C.080 MMC.
(b) Chapter 22C.090 MMC, Residential Density Incentives.
(c) Chapter 3.103 MMC, Multifamily Housing Property Tax Exemption.
(4) Transportation. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Concurrency, Traffic Impact Fee, and Road System Obligations. All new development shall be subject to concurrency determinations, meet road system obligations, and pay a transportation impact fee based on the number of new weekday p.m. peak-hour trips generated by the development pursuant to Chapter 22D.030 MMC, Traffic Impact Fees and Mitigation. To fulfill road system obligations, the city may require proportionate share of improvements included in the downtown master plan and designed to add capacity to the road system but not otherwise incorporated into the impact fee.
(b) Commute Trip Reduction (CTR). Meet applicable requirements of Chapter 11.52 MMC, Commute Trip Reduction (CTR) Plan.
(c) Form-based code standards in Chapter 22C.080 MMC including but not limited to street design, circulation and parking; block frontages; site planning; and building design. Planned actions shall implement required cross sections pursuant to the form-based code and downtown master plan. Where city construction standards and specifications conflict, the form-based code and downtown master plan shall control.
(5) Public Services. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) New development will be required to comply with provisions of MMC Title 9, Fire.
(b) New development is subject to collection of school impact fees under Chapter 22D.040 MMC, School Impact Fees and Mitigation.
(c) New development is subject to collection of parks impact fees under Chapter 22D.020 MMC, Parks, Recreation, Open Space and Trail Impact Fees and Mitigation.
(6) Utilities. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Ascertain from the city adequate sewer and water availability, and provide adequate fire flow, consistent with MMC Title 14, Water and Sewers.
(b) Demonstrate water efficiency practices associated with new development including but not limited to: WaterSense or equivalent water efficient products in buildings and native and drought-tolerant plants consistent with MMC 22C.120.050. Consistency with any approved city master utility plans that identify system improvements necessary for development.
(c) Compliance with energy efficiency requirements, including but not limited to Chapter 16.10 MMC, Washington State Energy Code.
(7) Earth, Streams, Wetlands, Fish and Wildlife. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) Chapter 22E.010 MMC, Critical Areas Management.
(b) Chapter 22E.020 MMC, Floodplain Management.
(c) Chapter 22E.050 MMC, Shoreline Management Master Program.
(d) Mitigation referenced in subsection (1) of this section, Surface Water/Water Resources.
(8) Environmental Health. Planned action applications shall demonstrate consistency with the following requirements to the satisfaction of the SEPA responsible official or their designee:
(a) State of Washington Model Toxics Control Act, where applicable.
(b) Mitigation referenced in subsection (1) of this section, Surface Water/Water Resources. (Ord. 3192 § 6, 2021; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22E.040.050).
22E.040.080 Conflict of development regulations and standards.
In the event of conflict between this chapter or any mitigation measures imposed pursuant thereto and any other ordinance or regulation of the city, the provisions of this chapter shall control. (Ord. 3192 § 7, 2021; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22E.040.060).