MUKILTEO CITY COUNCIL AGENDA BILL Meeting Date: April 1, 2019

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1 MUKILTEO CITY COUNCIL AGENDA BILL SUBJECT TITLE: Public Hearing Comprehensive Plan/Zoning Docket Staff Lead: Linda Ritter, Senior Planner Department Director: David Osaki, Community Development Director Estimated Time: 60 Minutes Meeting Date: April 1, 2019 Exhibits: Docket Application List (w/ staff recommendations) 2. Map Docket Applications Block, 5 th Street (Gilbertson) - Map and Application th Street (Jacobson) - Map and Application th Street - Japanese Gulch 76 th Street Trailhead (Mukilteo Senior Association) - Map and Application 6. Japanese Gulch Master Plan Excerpts Harbour Heights Parkway (MRM Mt. Vernon LLC/GT Mukilteo LLC) - Map and Application 8. Utilities Element - Draft Policy/Text Amendment 9. Public Comment (received at the time of the Agenda Bill s preparation) 10. PowerPoint Presentation Previous Review: N/A Budget Reference: N/A BUDGET INFORMATION: None RECOMMENDATION: City Council to: A. Hold public hearing and accept public testimony. B. Make MOTION to approve the Final Docket as presented in Exhibit 1. (Exhibit 1 includes the staff discussion/recommendation on the individual docket application requests). SUMMARY: The City of Mukilteo annually accepts applications from the public to amend the City of Mukilteo Comprehensive Plan and/or Zoning Code map and text. This year that process was opened December 3, 2018 and closed January 23, The City of Mukilteo docket process provides the opportunity for interested parties and property owners to bring proposals to amend the Comprehensive Plan, zoning code text or zoning map (rezones) directly to the City Council for consideration. The initial list of requests is commonly referred to as the Preliminary Docket. 1

2 The City Council s role at this stage of the process is to review the Preliminary Docket applications for their consistency with the Comprehensive Plan and whether or not they generate sufficient Council interest to warrant spending staff, Planning Commission and City Council time to further evaluate the request. Those Preliminary Docket applications that do warrant further evaluation are placed on the Final Docket by City Council motion. After the Final Docket is set, staff begins an analysis of each Final Docket item and processes them through a standard amendment process. This standard amendment process includes requesting additional information and fees from the applicant. It also includes public comment, environmental review, Planning Commission public hearing/recommendation and finally City Council action. Placement of an application on the Final Docket by the City Council means the application warrants in-depth consideration, but does not in any way imply eventual adoption or approval of the proposal. BACKGROUND The City conducts an annual call to the public for docket applications to propose amendments to the Comprehensive Plan, zoning code text or zoning map (rezones). All amendment requests are presented to the City Council at a public hearing. The City Council uses this public hearing process to decide whether or not an application should be placed on the Final Docket for more detailed review. Four (4) applications (see Exhibit 2) from the public were received for the 2019 docket. These applications are summarized as follows: 1. 5 th Street, 700 block (Three parcels). Comprehensive Plan Map Amendment from Single Family Residential-High Density to Commercial-Mixed Use with a concurrent rezone from Single Family Residential RD 7.5 to Downtown Business District. (See Exhibit 3) (Applicant: Bethany Gilbertson) STAFF RECOMMENDS THAT THIS APPLICATION NOT BE PLACED ON THE FINAL DOCKET th Street. Comprehensive Plan Map Amendment from Single Family Residential-Medium Density to Commercial-Mixed Use with a concurrent rezone from Single Family Residential RD 9.6 to Community Business. (See Exhibit 4) (Applicant: Kristi Jacobson) STAFF RECOMMENDS THAT THIS APPLICATION BE PLACED ON THE FINAL DOCKET th Street. Japanese Gulch 76 th Street Trailhead. Comprehensive Plan Map Amendment from Parks and Open Space to Commercial with a concurrent rezone from Open Space to Public/Semi-Public. Amendments to the Japanese Gulch Master Plan are also proposed. (See Exhibit 5 and Exhibit 6) (Applicant: Mukilteo 2

3 Senior Association). STAFF RECOMMENDS THAT THIS APPLICATION NOT BE PLACED ON THE FINAL DOCKET Harbour Heights Parkway. Comprehensive Plan Map Amendment from Industrial to Multi-Family Residential - High Density with a concurrent rezone from Business Park to Multifamily Residential - 22 dwelling units per acre. (See Exhibit 7) (Applicant: MRM Mt. Vernon LLC/GT Mukilteo LLC ) STAFF RECOMMENDS THAT THIS APPLICATION BE PLACED ON THE FINAL DOCKET. In addition, City staff is proposing an amendment to the Utilities Element. 5. Utilities Element - Policy/Text change to the Utilities Element to reflect the recent Federal Communications Commission Declaratory Ruling and Order related to wireless communication facilities. (See Exhibit 8) In addition to the above, staff anticipates various incidental map and text amendments to reflect any amendment above that is passed (e.g. changes to base maps, acreages in tables to reflect any approved land use/zoning changes.) Public comment received in advance of the April 1, 2019 public hearing and prior to completion of this Agenda Bill is attached (See Exhibit 9). Additional written comments, if any, received by the City prior to the April 1, 2019 public hearing will be provided to the City Council at the public hearing. ALTERNATIVES: Council may add or delete applications from the Final Docket. 3

4 Exhibit Docket List 2019 Docket Requests Proponent Bethany M. Gilbertson Location Unaddressed property in the 700 block (approximately) of 5th Street (Tax parcels: , , ) Existing Comprehensive Plan/ Zoning COMP PLAN Single Family Residential-High Density ZONING Single Family Residential RD 7.5 Requested Comprehensive Plan/Zoning COMP PLAN Commercial-Mixed Use ZONING Downtown Business District Staff Recommendation to Docket Staff Comment Yes No The request involves three (3) vacant parcels on the south side of 5 th Street next to Brewery Creek. Two of the parcels have frontage on 5 th Street. One has no direct street frontage. The parcels are separated from the Single Family Residential RD 7.5 zoned properties to the east by the Brewery Creek ravine. In 2017 and in 2018, the Gilbertson plan map amendment/rezone request was approved for the final docket, along with a plan map amendment/rezone request for two Ouellette parcels (at and near the corner of 5 th Street and Lincoln Avenue) immediately to the west. The proposal was for all five parcels to be designated Commercial-Mixed Use and zoned Downtown Business District. In both instances (2017 and 2018), staff noted that the Gilbertson request should only be considered in conjunction with the Ouellette s two westerly parcels (towards Lincoln Avenue). However, the Gilbertson/Ouellette Final Docket 1

5 2019 Docket List 2019 Docket Requests Proponent Location Existing Comprehensive Plan/ Zoning Requested Comprehensive Plan/Zoning Staff Recommendation to Docket Staff Comment Yes No plan map amendment/rezone application was never filed in either 2017 or 2018, and the request was not processed. This year the Gilbertson application does not include the Ouellette s two parcels to the west. The Ouellette parcel at the corner of 5 th and Lincoln is identified in the Downtown Business District Subarea Plan Preferred Alternative map for inclusion in the Downtown Business District. That same map shows that the most easterly Ouellette parcel is not to be part of the Downtown Business District. The intent of seeking all five parcels (Ouellette s and Gilbertsons) to apply together is to ensure that a policy decision on the downtown business district boundary takes into account all parcels on that block face (south side of 5 th street) from Lincoln Ave to Brewery Creek without leaving a parcel (Ouellette s easterly parcel) zoned Single Family Residential. Excluding this one parcel could create a land use outcome that results in 2

6 2019 Docket List 2019 Docket Requests Proponent Location Existing Comprehensive Plan/ Zoning Requested Comprehensive Plan/Zoning Staff Recommendation to Docket Staff Comment Yes No land use incompatibility and inconsistency. Kristi Jacobson th Street SW (Tax parcel: ) COMP PLAN Single Family Residential- Medium Density COMP PLAN Commercial-Mixed Use The parcel is a Single Family Residential RD 9.6 zoned parcel located on the south side of 84th Street SW. The parcel is approximately 15,000 square feet in size and is occupied by a single family dwelling. ZONING Single Family Residential RD 9.6 ZONING Community Business The adjacent property to the west is zoned Community Business as are several properties immediately across the street on the north side of 84th Street SW. The abutting parcel to the east is zoned Single Family Residential RD 9.6 One policy issue raised by the request is what is commonly referred to as commercial creep, or the extent to which commercial zoning should extend along an existing commercial corridor. This would need to be evaluated as part of the Final Docket. 3

7 2019 Docket List 2019 Docket Requests Proponent Mukilteo Senior Association Location th Street (Tax parcel: ) Existing Comprehensive Plan/ Zoning COMP PLAN Parks and Open Space ZONING Open Space Requested Comprehensive Plan/Zoning COMP PLAN Commercial ZONING Public/Semi-Public Staff Recommendation to Docket Staff Comment Yes No The City s 76 th Street trailhead is a 1.3 acre parcel. After consideration of alternatives, one of which included a Senior Center, the Japanese Gulch Master Plan (adopted June 2016) identifies future development of the property as having a soft approach to better represent a conservation focus and low maintenance design. The Mukilteo Senior Association request is for Comprehensive Plan Map, Zoning Map and Japanese Gulch Master Plan amendments to allow a senior center. The current Comprehensive Plan designation and zoning for the 76th Street Trailhead reflects an amendment in June 2018 (Ordinance No. 1412). The existing Comprehensive Plan map designation (Parks and Open Space) and zoning (Open Space) is consistent with the intended use of the property as identified in the Japanese Gulch Master Plan. The current Open Space zoning district does not allow a community center/senior center. 4

8 2019 Docket List 2019 Docket Requests Proponent Location Existing Comprehensive Plan/ Zoning Requested Comprehensive Plan/Zoning Staff Recommendation to Docket Staff Comment Yes No To date, there has been no assessment of senior programming or space needs to determine if a senior center is warranted. Were such a facility warranted, potential site alternatives and analysis of the City s capital facility, financing and maintenance/operation capabilities for a senior center would need to be accomplished. The proposed request should only be considered once a thorough study has been completed which identifies the recreational needs of seniors, the City s financial capability, alternate site analyses, including if the 76 th Street trailhead site is an appropriate location based on accessibility, access to transit, and other site selection considerations. Finally, rezone requests require the consent of the property owner. The property owner is the City. Should the City Council decide to move this request to the final docket, staff will consider that as the City s approval of moving forward 5

9 2019 Docket List 2019 Docket Requests Proponent Location Existing Comprehensive Plan/ Zoning Requested Comprehensive Plan/Zoning Staff Recommendation to Docket Staff Comment Yes No with the rezone component of the request. MRM Mt. Vernon LLC/GT Mukilteo LLC 6500 Harbour Heights Parkway (Tax parcels: , ) COMP PLAN Industrial ZONING Business Park COMP PLAN Multi-Family Residential - High Density ZONING Multi-Family Residential (MR) - 22 du/acre The Subject Property is approximately 22 acres and occupied by an industrial business park building. The tenant has traditionally been Boeing. While no decision has been made by Boeing as to whether or not leasing of the property will continue beyond the current lease, the new owner would like to pursue a comprehensive plan map change/zoning map change to maintain future flexibility for an alternate land use. The adjoining 7.5 acre parcel (also owned by the applicant) was rezoned from Business Park to Multi-Family Residential in April 2004 (Ordinance No. 1098). The approval limited residential development of that property to a total of 80 units. 6 Given the prior comprehensive plan map/ rezoning of the adjacent parcel, the applicant is making a similar plan amendment and rezoning request to allow multi-family development for

10 2019 Docket List 2019 Docket Requests Proponent Location Existing Comprehensive Plan/ Zoning Requested Comprehensive Plan/Zoning Staff Recommendation to Docket Staff Comment Yes No these parcels. An amendment to the Sector 11 Plan may also be required, especially to address vehicle trips. One policy issued raised by this request is the City s ability to maintain its employment target as provided for by the Snohomish County Countywide Planning Policies. This will be evaluated as part of the Final Docket process. City of Mukilteo Citywide N/A N/A Utilities Element - Policy/Text change to the Utilities Element to reflect the recent Federal Communications Commission Declaratory Ruling and Order related to wireless communication facilities. The policy/text amendment acknowledges the FCC s material inhibition standard rather than significant gaps in coverage. 7

11 2019 Docket Applications Exhibit 2 Date: 3/6/ th Street SW 7XX 5th Street Current Zone: OS Open Space D Public Proposed Zone: PSP Public B-LVSemi T EO L I K U Current Land Use: and Open Space MParks VD W Proposed BL Land Use: Commercial M Current Zone: RD 7.5 Single Family Residential Proposed Zone: DB Downtown Business Current Land Use: Single Family Residential - High Density Proposed Land Use: Commercial - Mixed Use S 5TH T ST AVE 36TH AVE W OLN LINC AVE PARK T 5TH S EO ILT K U S E AWAY BLV D 6TH 76TH ST SW th Street SW M UK Current Zone: RD 9.6 Single Family Residential Proposed Zone: CB Community Business Current Land Use: Single Family Residential - Medium Density Proposed Land Use: Commercial - Mixed Use I LT E O SP EE AY DW 84TH ST SW 84TH ST SW MARIN EV IEW DR PAINE FIELD BLVD STATE ROUTE 526 SW D LT B EACH R R P OI E NT V BL CH HARB OU D AC H RD U C HE N NA U E NNA LT B E 6500 Habour Heights Parkway SW SW O SP RL Y RD ILTE RK PA M UK Y AY EEDW 9 D TE B LV BE VE R HEIGH OU TS B R PK A H W HARBOUR PO IN HI GH W AY 9 Current Zone: BP Business Park Proposed Zone: MR Multi Family Residential - 22 dwelling units/acre Current Land Use: Industrial Proposed Land Use: Multi Family Residential - High Density

12 2019 Docket 1S T 7XX 5TH ST ST MUKILTEO LN Exhibit 3 2ND ST PARK AVE LOVELAND AVE 3RD ST WASHINGTON AVE LINCOLN AVE 4TH ST CHURCH AVE 4TH ST 4TH ST 5TH ST 5TH ST 6TH ST 8TH ST MUKILTEO City Limits SPEEDWAY Parcel Boundary Zoning District WASHINGTON AVE DB Downtown Business OS Open Space PSP Public - Semi Public 6TH ST PARK AVE 6TH ST 7XX 5th Street Current Zone: RD 7.5 Single Family Residential Proposed Zone: DB Downtown Business Current Land Use: Single Family Residential - High Density Proposed Land Use: Commercial - Mixed Use RD 7.5 Single Family Residential WMU Waterfront Mixed Use

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18 45TH AVE W 2019 Docket TH ST SW Exhibit th Street SW Current Zone: RD 9.6 Single Family Residential Proposed Zone: CB Community Business Current Land Use: Single Family Residential - Medium Density Proposed Land Use: Commercial - Mixed Use 46TH PL W 46TH AVE W 81ST PL SW PRIVATE DR FREEPORT LN MUKILTEO SPEEDWAY 46TH PL W 45TH PL W 84TH ST SW 85TH PL SW City Limits CAYMUS L N Parcel Boundary Zoning District CB Community Business MRD Multi Family Residential - 13 dwelling units/acre PCB Planned Community Business 87TH S T SW 46TH PL W PI Planned RD 12.5 Single Family Residential RD 9.6 Single Family Residential 48TH PL W 47TH PL W 46TH PL W 45TH PL W 88TH ST SW 44TH AVE W

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38 2019 Docket TH ST SW Exhibit 5 71ST PL SW 44TH PL W th Street SW Current Zone: OS Open Space Proposed Zone: PSP Public - Semi Public Current Land Use: Parks and Open Space Proposed Land Use: Commercial 73RD ST SW 73RD PL SW 46TH AVE W 75TH ST SW 76TH ST SW 46TH PL W City Limits Zoning District Parcel Boundary 78TH PL SW 45TH PL W 44TH AVE W 78TH ST SW OS Open Space PI Planned Industrial 79TH PL SW RD 9.6 Single Family Residential

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56 MARINE VIEW DR 2019 Docket 6500 HARBOUR HEIGHTS PKWY SW Exhibit 7 64TH PL W 62ND PL W CHENNAULT BEACH DR WATERTON CIR HARBOUR HEIGHTS PKWY VISTA DR E VILLA MONTE DR City Limits 6500 Habour Heights Parkway SW SAINT ANDRE WS DR Current Zone: BP Business Park Proposed Zone: MR Multi Family Residential - 22 dwelling units/acre Current Land Use: Industrial Proposed Land Use: Multi Family Residential - High Density Zoning District Parcel Boundary BP Business Park MR Multi Family Residential - 22 dwelling units/acre OS Open Space RD 12.5 (S) Single Family Residential RD 8.4 Single Family Residential

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69 DRAFT LANGUAGE UTILITIES ELEMENT COMPREHENSIVE PLAN DOCKET EXHIBIT 8 As society becomes more reliant on wireless networks for daily communication and functions, the proliferation of antennas and towers will continue to occur. Methods to limit their visual impact includes requiring them to co-locate on existing facilities when available, not allowing them to be any higher than necessary, and to conceal them using innovative technologies. The co-location and concealment of utilities should be encouraged when there are opportunities to do so without imposing severe added costs to construct, operate, and/or maintain the utilities (UT1c). For instances where co-location is not feasible, flexibility and creativity to incorporate utilities into the landscape through the use of camouflaging, interactive artwork, and other innovative means should be considered. Federal law plays a large role in how a city may regulate the location of telephone cell towers or Wireless Communication Facilities (WCFs). While cities are specifically authorized to enact regulations regarding the placement, construction, and modification of WCFs, those regulations may not materially inhibit the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environmentdiscriminate among providers of equivalent services, prohibit or have the effect of prohibiting the provision of personal wireless services, or base siting decisions on the basis of environmental effects of radio frequency emissions. Federal regulations do, however, allow local governments to adopt and apply aesthetic regulations meeting certain criteria. Within the regulatory framework established by federal law, the City of Mukilteo shall adopt regulations that include aesthetic and design criteria to ensure that the deployment of wireless communication facilities does not adversely visually impact the aesthetic quality of the City and respects the unique character of various geographic areas within the City including but not limited to Old Town and the waterfront. (UT1d). Also, case law has evolved so that local regulations may not impede a provider s ability to fill gaps in service availability. One way to provide the City with the ability to limit the proliferation of WCFs without violating Federal regulations would be to conduct its own citywide analysis to determine the best places to provide cell coverage. With that analysis the City would not have to rely on the expert analysis provided by cell tower applicants and may also be able to require WCFs to be built at specific locations for larger scale towers and recommend coverage options for smaller towers. The City of Mukilteo should consider adopting a Wireless Communications Facility Master (WCF) Plan based on the evaluation by a qualified consultant to determine ideal locations for WCFs taking into consideration the area s topography and current provider cell coverage areas. The City should then amend its WCF regulations to implement the plan to limit the proliferation of WCFs while remaining consistent with Federal regulations (UT1d). 1

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77 Exhibit Docket Public Hearing Mukilteo City Council April 1,

78 What is a Docket? Public Participation Procedure Held Annually Required by Growth Management Act (GMA) Allows the Public to Request Amendments to: o Comprehensive Plan/SubArea Plans o Zoning o Development Regulations 2

79 Docket Process Open Docket Period Staff Compiles Docket Requests City Council Public Hearing City Council Approves Final Docket 3

80 2019 Docket Timeline Application Period o December 3, 2018 to January 23, 2019 Advertised o Mukilteo Beacon and Everett Herald on December 6 and 13, 2018 Requests Received Preliminary Docket o Four (4) Comprehensive Plan/Subarea Plan amendments/rezones 4

81 Final Docket What is a Final Docket? Applications that Merit Further Consideration No Guarantee of Approval Council has discretion to decide which items may be placed on the Final Docket 5

82 2019 Four (4) Applications Submitted by the Public Council Docket Considerations Determine their consistency with the Comprehensive Plan. Prioritize the review of such amendment requests. Does request warrant spending staff, Planning Commission and City Council time on the item. 6

83 Comprehensive Plan/Zoning Consistency 7

84 2019 Docket Request Applicant Bethany Gilbertson Requests Plan Amendment Single Family Residential- High Density to Commercial-Mixed Use Rezone Single Family RD 7.5 to Downtown Business Staff Recommendation Do Not Docket 8

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86 Applicant Bethany Gilbertson Requests Plan Amendment Single Family Residential- High Density to Commercial-Mixed Use Rezone Single Family RD 7.5 to Downtown Business Staff Recommendation Do Not Docket 10

87 2019 Docket Request Applicant Kristi Jacobson Requests Plan Amendment Single Family Residential- Medium Density to Commercial-Mixed Use Rezone Single Family Residential 9.6 to Community Business Staff Recommendation Add to Final Docket 11

88 Applicant Kristi Jacobson Requests Plan Amendment Single Family Residential- Medium Density to Commercial-Mixed Use Rezone Single Family Residential 9.6 to Community Business Staff Recommendation Add to Final Docket 12

89 2019 Docket Request Applicant Mukilteo Senior Association Requests Plan Amendments Parks and Open Space to Commercial Amend the 2016 Japanese Gulch Master Plan Rezone Open Space to Public/Semi- Public Staff Recommendation Do Not Docket 13

90 Applicant Mukilteo Senior Association Requests Plan Amendments Parks and Open Space to Commercial Amend the 2016 Japanese Gulch Master Plan Rezone Open Space to Public/Semi- Public Staff Recommendation Do Not Docket 14

91 2019 Docket Request Applicant MRM Mt. Vernon LLC/GT Mukilteo LLC Requests Plan Amendments Industrial to Multi-Family Residential - High Density Possible Sector Plan amendment Rezone Business Park to Multi-Family Residential (22 du/acre) Staff Recommendation Add to Final Docket 15

92 Applicant MRM Mt. Vernon LLC/GT Mukilteo LLC Requests Plan Amendments Industrial to Multi-Family Residential - High Density Possible Sector Plan amendment Rezone Business Park to Multi-Family Residential (22 du/acre) Staff Recommendation Add to Final Docket 16

93 Other Docket Items Staff Proposal Utilities Element - Policy/Text Amendment Revise Policy/Text to reflect recent Federal Communications Commission Order re: Wireless Communication Facilities 17

94 Next Steps for Final Docket Applications Formal Application Public Comments Staff Evaluation Draft Amendments, if necessary Environmental Review (SEPA) & Comment Open House Planning Commission Public Hearing City Council Public Hearing City Council Action 18

95 Motion City Council MOTION to APPROVE the 2019 Final Docket as presented 19