Chapter 18.90
NORMANDY PARK MANHATTAN VILLAGE SUBAREA PLAN (MVSP) PLANNED ACTION ORDINANCE (PAO)
Sections:
18.90.010 Purpose of the Manhattan Village subarea plan PAO.
18.90.030 Procedures and criteria for evaluating and determining projects as planned actions.
18.90.040 Monitoring and review.
18.90.010 Purpose of the Manhattan Village subarea plan PAO.
The city of Normandy Park declares that the purpose of this chapter is to:
(1) Combine analysis of environmental impacts with the city’s development of plans and regulations;
(2) Set forth a procedure designating certain projects within the boundaries of the geographic area described in the MVSP as “planned actions” consistent with state law RCW 43.21C.031;
(3) Streamline and expedite the land use permit review process for projects which qualify as planned actions within the MVSP by relying on the EIS completed for the MVSP;
(4) Apply the city’s development regulations together with the mitigation measures described in the EIS and this chapter to ensure that projects designated as planned actions are appropriately mitigated and conditioned so that no adverse impacts to the environment will occur as a result of development approval; and
(5) Provide the public with information about planned actions and how the city will process applications for implementing projects. (Ord. 889, 2012).
18.90.020 Findings.
The city of Normandy Park finds as follows:
(1) Normandy Park is subject to the requirements of the GMA, is located within an urban growth area, and has an adopted comprehensive plan in compliance with the GMA;
(2) The MVSP and EIS is consistent with the Normandy Park comprehensive plan and has been prepared and adopted under the provisions of the GMA and SEPA;
(3) The MVSP and EIS identified and addressed all significant environmental impacts associated with land uses as described in the subarea plan;
(4) The thresholds described in the MVSP and EIS are adequate to identify significant adverse environmental impacts;
(5) The mitigation measures contained in Chapter 7 of the MVSP EIS, together with applicable city development standards, are adequate to mitigate the significant adverse environmental impacts anticipated by the MVSP;
(6) The expedited permit review process, as set forth in this chapter, will benefit the public, adequately protect the environment, and enhance the economic redevelopment of the Manhattan Village subarea;
(7) Opportunities for public involvement and review have been provided, and comments considered as part of the preparation of the draft and final environmental impact statement;
(8) The uses allowed by the city’s development regulations in the zoning classifications in the MVSP subareas will implement the MVSP;
(9) The MVSP planned action is not an essential public facility as defined by RCW 36.70A.200(1).
(10) This chapter shall be known as the “Normandy Park Manhattan Village Subarea Plan Planned Action Ordinance.” (Ord. 889, 2012).
18.90.030 Procedures and criteria for evaluating and determining projects as planned actions.
(1) The planned action designation shall apply to the approximately 41 acres of the city of Normandy Park’s Manhattan Village subarea, shown in the shaded areas of Exhibit A attached to the ordinance codified in this chapter and shall be known as the planned action site. Generally, this includes parcels bounded on the east by First Avenue South (SR 509), on the west by Second Avenue Southwest, on the north by SW 178th Street, and on the south by SW 186th Street.
(2) A planned action designation for a site-specific project application shall be based on the environmental analysis contained in the Manhattan Village subarea plan and EIS completed by the city. The MVSP and EIS, including potential mitigation measures, are incorporated into this chapter and adopted by reference and shall, along with adopted city regulations, provide the framework for the decision by the city to impose conditions on qualifying planned action projects.
(3) To qualify for a planned action designation a project application must meet the following thresholds:
(a) Be wholly within the planned action site, as defined in subsection (1) of this section;
(b) The zoning district of the property for which a project is proposed is the same district analyzed in the MVSP and EIS;
(c) The following uses are the primary uses analyzed in the MVSP and EIS:
(i) Retail.
(ii) Office.
(iii) Residential;
(d) Land Uses. The planned action designation applies to future development proposals that cumulatively do not exceed the amount anticipated in the MVSP and EIS, as shown in the table below:
(i) Manhattan Village Development Table.
|
Land Use |
Cumulative Development Amount |
Net Increase |
|---|---|---|
|
Manhattan Village NC zone |
|
|
|
Retail |
130,000 sf |
40,000 sf |
|
Office |
60,000 sf |
20,000 sf |
|
Total nonresidential |
190,000 sf |
60,000 sf |
|
Residential |
202 units |
202 units |
|
Study area other zones |
|
|
|
Retail |
0 sf |
0 sf |
|
Office |
0 sf |
0 sf |
|
Residential (multifamily) |
595 units |
272 units |
|
Residential (cottage style) |
36 units |
36 units |
(ii) Shifting the total build-out of the development among uses may be permitted so long as the total build-out does not exceed the aggregate amount of development and trip generation thresholds reviewed in the MVSP and EIS and so long as the impacts have been identified and mitigated in the MVSP EIS;
(e) Building Height. The planned action designation applies to future development proposals whose building height does not exceed those anticipated in the MVSP and EIS, as shown in the table below. The heights listed below may only be achieved if zoning has been amended as recommended in the MVSP and through a bonus density program, such as transfer of development rights.
|
Character Area |
Building Height |
|---|---|
|
CA1 (NC zone) |
6 stories or 75 ft* |
|
CA2 |
No change – follow NPMC |
|
CA3 (RM-1800 zone) |
4 stories or 45 ft** |
|
CA4 |
No change – follow NPMC |
|
CA5 |
No change – follow NPMC |
|
* Allowable height in NC zone shall be stepped back in height in the following manner: (1) Within 150 feet of First Avenue South, the maximum building height shall not exceed six stories or 75 feet in height; (2) Within 50 feet of a single-family residential zone, the maximum building height shall not exceed four stories or 45 feet in height; (3) For the remainder of the property adjacent to a single-family residential zone, the maximum building height shall not exceed five stories or 55 feet. ** Height bonus allowed only within 150 feet of First Avenue South. |
|
(f) Transportation. The planned action designation applies to future development proposals that cumulatively do not exceed the range of new PM peak hour vehicle trips anticipated in the MVSP and EIS, as shown in the table below:
|
Land Use |
Cumulative PM Peak Hour Trips |
Net Increase, PM Peak Hour Trips |
|---|---|---|
|
Manhattan Village NC zone |
545 |
110 |
|
Study area remainder |
609 |
199 |
|
Total trips |
1,154 |
309 |
(i) Each planned action project application shall submit a transportation impact analysis (TIA) report completed by a licensed traffic engineer. The TIA shall include at a minimum: a calculation of cumulative PM peak hour automobile trip generation and distribution; an assessment of whether overall trip generation will remain within the PM peak trips for the MVSP and EIS; an indication of intersections impacted by 10 or more additional PM peak trips; a safety analysis of any proposed site access driveways; and a review on site pedestrian, bicycle and vehicle circulation safety.
(ii) The city shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) General Manual (latest edition) for each planned action project permit application proposed under this chapter.
(iii) Planned action project proposals shall pay an environmental mitigation fee to participate in and pay a proportionate share of off-site improvements as provided in the adopted MVSP EIS and the city’s comprehensive plan, in order to mitigate transportation related impacts;
(g) A proposed project that would result in a significant change in the type or degree of impacts to any of the elements analyzed in the MVSP and EIS, as determined by the SEPA responsible official, shall not qualify as a planned action;
(h) Should environmental conditions change significantly from those analyzed in the MVSP and EIS, the SEPA responsible official may determine that the planned action designation is no longer applicable until supplemental environmental review is conducted.
(4) Planned Action Review Criteria.
(a) Upon receipt of a complete application under the provisions of Chapter 14.05 NPMC, the city’s SEPA responsible official is authorized to designate a project as a planned action, pursuant to RCW 43.21C.031, if it meets the following conditions:
(i) The project is not otherwise exempt from SEPA;
(ii) The project is consistent the MVSP and EIS and the city of Normandy Park comprehensive plan adopted under Chapter 36.70A RCW;
(iii) The project has had its significant adverse environmental impacts adequately identified and addressed in the MVSP and EIS;
(iv) The project’s significantly adverse impacts have been mitigated through the application of the mitigation measures detailed in Chapter 7 of the MVSP EIS; as well as other city, state, and/or federal regulations;
(v) The project complies with all applicable city, county, state and federal regulations, and where appropriate, the project complies with needed variances, modifications, or other needed permits and conditions;
(vi) The project falls within the planned action qualifications identified in subsection (3) of this section;
(vii) The project is not an essential public facility as defined in RCW 36.70A.200;
(b) The city shall base its decision to designate a project a planned action through review of an environmental checklist or other project review form as specified in WAC 197-11-315, and the review of the application and supporting documentation;
(c) A project that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of RCW 43.21C.030, WAC 197-11-164, and this chapter;
(5) Effect of Planned Action.
(a) A project that meets the criteria and qualifications for a planned action as identified in this chapter shall not require a SEPA threshold determination, preparation of an EIS, SEPA appeal, or any additional review pursuant to SEPA;
(b) Being designated a planned action means that the proposed project has been reviewed in accordance with this chapter and found to be consistent with its development parameters and thresholds, and the MVSP and EIS; and
(c) While a planned action will not be subject to further procedural review under SEPA, in order to qualify as planned actions, these projects will have incorporated mitigating measures identified in the MVSP EIS, which are designed to mitigate environmental impacts resulting from the project proposal. Additionally, planned action projects will be subject to applicable city, state and federal regulatory requirements. The planned action designation shall not exempt a project from meeting the city’s code and ordinance requirements apart from the SEPA process.
(6) Planned Action Permit Process and Approval.
(a) Applications for planned actions shall be reviewed pursuant to the following process:
(i) Development applications shall meet all applicable requirements of the Normandy Park Municipal Code (NPMC).
(ii) Applications for planned actions shall be made on forms provided by the city and shall include a SEPA checklist, or approved planned action checklist.
(iii) The city manager or designee shall determine whether the application is complete as provided in Chapter 14.05 NPMC.
(iv) After the city receives a complete application, the responsible SEPA official shall determine, using the criteria and procedures in this chapter, if the project qualifies as a planned action.
(A) If the project does qualify as a planned action, the responsible SEPA official shall notify the applicant, and the project shall proceed in accordance with the applicable permit review procedures specified in Chapter 14.05 NPMC except that no SEPA threshold determination, EIS or additional SEPA review shall be required, and public notice shall be provided consistent with the underlying permit. If notice is required for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not required for the underlying permit, no special notice is required by this chapter.
(B) If a project does not qualify as a planned action, the responsible SEPA official shall notify the applicant. The notice shall describe the elements of the application that result in failure to qualify as a planned action. The notice shall also prescribe a SEPA review procedure consistent with the city’s SEPA regulations and the requirements of state law.
(b) Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the MVSP and EIS or other relevant environmental review documents, to meet SEPA requirements. The responsible SEPA official may limit the scope of SEPA review for the nonqualifying project to those issues and environmental impacts not previously addressed in the MVSP and EIS.
(c) The decision of the city manager or designee regarding qualification as a planned action shall be final. (Ord. 889, 2012).
18.90.040 Monitoring and review.
(1) The city shall monitor the progress of development in the designated planned action area to ensure that development is consistent with the assumptions of this chapter and the MVSP and EIS. Development shall be monitored regarding the type and amount of development, the associated impacts of that development, and the adequacy of the mitigation measures identified in this chapter and the MVSP and EIS. The MVSP includes a monitoring system designed to aid the city in proper tracking of the build-out of the MVSP.
(2) This planned action ordinance shall be reviewed no later than five years from its effective date to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the planned action area, the impacts of development, and required mitigation measures. The city, based upon this review, may propose amendments to this chapter and/or may supplement or revise the MVSP and EIS. (Ord. 889, 2012).
18.90.050 Conflict.
In the event of a conflict between this chapter or any mitigation measure imposed thereto, and any ordinance or regulation of the city, the provisions of this chapter shall control. (Ord. 889, 2012).
18.90.060 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this chapter or its application to any other person or situation. (Ord. 889, 2012).
18.90.070 Effective date.
The ordinance codified in this chapter shall take effect January 31, 2013, which is more than five days after its passage, approval and publication as provided by law. (Ord. 889, 2012).
18.90.080 Expiration date.
The ordinance codified in this chapter shall expire 20 years from the date of adoption unless otherwise repealed or readopted following a public hearing. (Ord. 889, 2012).