Chapter 19.100
FREEWAY/TOURIST DISTRICT PLANNED ACTION*

Sections:

19.100.010    Purpose.

19.100.020    Definitions.

19.100.030    Procedures and criteria for evaluating and determining projects as planned actions.

19.100.040    Monitoring and review.

*Code reviser’s note: Section 6 of Ord. 2612 states, “This Ordinance shall expire twelve (12) years from the date of adoption unless it is extended by the City Council following a report from the SEPA Responsible Official and a public hearing.”

19.100.010 Purpose.

The purpose of this chapter is to:

A. Combine analysis of environmental impacts with the City’s development of plans and regulations;

B. Designate the Mountlake Terrace freeway/tourist district subarea as a planned action for purposes of environmental review of subsequent, implementing projects pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C.440;

C. Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects qualify as planned actions;

D. Provide the public with information about planned actions and how the City will process implementing projects;

E. Streamline and expedite the land use review and approval process by relying on the environmental impact statement (EIS) completed for the planned action; and

F. Apply the City’s development regulations together with the mitigation measures described in the EIS and this chapter to address the impacts of future development contemplated by the planned action. (Ord. 2612 § 2, 2013).

19.100.020 Definitions.

“Comprehensive Plan” means the Comprehensive Plan, as identified in MTMC 18.10.010.

“Department” means the City’s Community and Economic Development Department or its assigns.

“Freeway/tourist district subarea implementation plan” means the zoning regulations and capital improvements identified in the freeway/tourist district final EIS.

“SEPA Responsible Official” means the Community and Economic Development Director or his/her designee. (Ord. 2612 § 2, 2013).

19.100.030 Procedures and criteria for evaluating and determining projects as planned actions.

A. Planned Action Area. The planned action designation shall apply to the approximately 33-acre area that is zoned as freeway/tourist district and approximately bounded by 236th Street SW on the north, 244th Street SW on the south, 58th Place W and 60th Avenue W on the east, and Interstate-5 (I-5) on the west, and that is specifically shown in Exhibit A, “Planned Action Area,” which is attached to the ordinance codified in this chapter and adopted by reference as though fully set forth herein and which shall be available from the Department.

B. Environmental Document. A planned action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the freeway tourist district draft EIS issued by the City on October 17, 2012, and the freeway/tourist district final EIS issued by the City on December 21, 2012. The mitigation measures contained in Exhibit B, which are attached to the ordinance codified in this chapter and adopted by reference as though fully set forth herein and which shall be available from the Department, are based upon the findings of the draft and final EISs and shall, along with adopted City regulations, provide the framework that the City will use to impose appropriate conditions on qualifying planned action projects. The draft and final EISs shall comprise the planned action EIS.

C. Planned Action Designated. Land uses and activities described in the freeway/tourist district EIS, subject to the thresholds described in subsection D of this section and the mitigation measures contained in Exhibit B, are designated planned actions or planned action projects pursuant to RCW 43.21C.440. A development application for a site-specific planned action project located within the freeway/tourist district planned action area shall be designated a planned action if it meets the criteria set forth in subsection D of this section and applicable laws, codes, development regulations and standards of the City.

D. Planned Action Qualifications. The following thresholds shall be used to determine if a site-specific development proposed within the freeway/tourist district planned action area is contemplated by the planned action and has had its environmental impacts evaluated in the planned action EIS:

1. Land Use. The following primary land uses and development levels described in the planned action EIS, along with conditional and accessory uses permitted in the freeway/tourist district zoning classification, are considered planned actions:

a. Office uses;

b. Retail uses;

c. Residential uses.

2. Development Thresholds.

a. The following amount of various land uses are contemplated by the planned action:

Land Use

Development Amount

Commercial/Office

755,360 sq. ft.

Retail

45,354 sq. ft.

Residential

373 units

b. If future development proposals in the freeway/tourist district planned action area exceed the development thresholds specified in this chapter, further environmental review may be required pursuant to WAC 197-11-172. Further, if proposed development would alter the assumptions and analysis in the planned action EIS, further environmental review may be required. Shifting the total build out between categories of uses may be permitted so long as the total build-out does not exceed the aggregate amount of development, trip generation and parking thresholds reviewed in the EIS, and so long as the impacts of that development have been identified in the planned action EIS and are mitigated consistent with Exhibit B.

3. Building Heights. Building heights shall be as identified in the freeway/tourist district zoning classification and as evaluated in the planned action EIS.

4. Transportation.

a. Current and potential p.m. peak hour weekday vehicle trips were analyzed in the planned action EIS.

b. Trip Threshold. A use or activity that would exceed 500 p.m. peak hour weekday vehicle trip levels would not qualify as a planned action and would require additional environmental review.

c. Traffic Engineer Discretion. The City’s Traffic Engineer or a designee appointed by the Community and Economic Development Director shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual accepted by the Traffic Engineer at his/her sole discretion, for each project permit application proposed under this planned action. The Traffic Engineer may also consider transit center proximity in determining trip generation.

d. Traffic Impact Mitigation. All planned action projects shall pay, as a condition of approval, their proportionate share of freeway/tourist district street and other transportation improvements that have been determined to be necessary to support planned development within the freeway/tourist district. Impact fees applicable to each planned action project are identified in the schedule, and will be determined according to the methodology contained in the ordinance adopting such impact fees. The City may adjust such fees from time to time.

5. Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the planned action EIS, would not qualify as a planned action.

6. Changed Conditions. Should environmental conditions change significantly from those analyzed in the planned action EIS, the City’s SEPA Responsible Official may determine that the planned action designation is no longer applicable until supplemental environmental review is conducted.

7. Additional Mitigation Fees. The City may adopt and apply such other fees as may be deemed necessary and appropriate to mitigate impacts to other capital facilities in the freeway/tourist district and to accommodate planned growth. Such fees, if adopted, shall be in addition to the fee required in subsection (D)(4)(d) of this section, and shall apply only to required improvements that are not addressed in this subsection.

E. Planned Action Review Criteria.

1. The City’s SEPA Responsible Official may designate as “planned actions,” pursuant to RCW 43.21C.030, applications that meet all of the following conditions:

a. The proposal is located within the planned action area identified in Exhibit A, pursuant to subsection A of this section;

b. The proposed uses and activities are consistent with those described in the planned action EIS and subsection D of this section;

c. The proposal is within the planned action thresholds and other criteria of subsection D of this section;

d. The proposal is consistent with the City of Mountlake Terrace Comprehensive Plan and the freeway/tourist district regulations and subarea implementation plan;

e. The project’s significant adverse environmental impacts have been identified in the planned action EIS;

f. The proposal’s significant impacts have been mitigated by application of the measures identified in Exhibit B, and other applicable City regulations, together with any modifications or variances or special permits that may be required;

g. The proposal complies with all applicable local, state and/or federal laws and regulations, and the Responsible Official determines that these constitute adequate mitigation; and

h. The proposal is not an essential public facility as defined by MTMC 18.15.020(I), except that essential public facilities that are accessory to or part of a development project that is designated as a planned action may be permitted.

2. The City shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation.

3. A proposal 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 and 43.21C.440, WAC 197-11-164 et seq., and this chapter.

F. Effect of Planned Action.

1. Designation as a planned action project means that a qualifying proposal has been reviewed in accordance with this chapter and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the planned action EIS.

2. Upon determination by the City’s SEPA Responsible Official that the proposal meets the criteria of subsection D of this section and qualifies as a planned action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA.

G. Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process:

1. Development applications shall meet the applicable requirements of MTMC Titles 12 through 19. Applications for planned actions shall be made on forms provided by the City and shall include a SEPA checklist, or an approved planned action checklist.

2. The City’s Community and Economic Development Director shall determine whether the application is complete as provided in MTMC 18.05.350 or 19.110.030, as appropriate.

3. If the application is for a project within the planned action area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this chapter and thereby qualifies as a planned action project. The SEPA Responsible Official shall notify the applicant of his/her decision. If the project is determined to qualify as a planned action, it shall proceed in accordance with the applicable permit review procedures specified in MTMC 18.05.610, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the SEPA Responsible Official regarding qualification as a planned action shall be final.

4. Notice that a project qualifies as a planned action shall be provided, by mail or other verifiable means, to affected federally recognized tribal governments and to all agencies with jurisdiction over the planned action project.

5. Other than the notice required by subsection (G)(4) of this section, public notice and review for projects that qualify as planned actions shall be tied to the underlying permit. If notice is otherwise required by the provisions of MTMC 18.25.030 for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required by this chapter. The review process for the underlying permit shall be as provided in MTMC 18.05.610.

6. Development Agreement. To provide additional certainty, the City or an applicant may request consideration and execution of a development agreement for a planned action project. The development agreement may address review procedures applicable to a planned action project, permitted uses, mitigation measures, payment of impact fees, design standards, phasing, vesting of development rights, and any other topic that may properly be considered in a development agreement consistent with RCW 36.70B.170 et seq.

7. If a project is determined to not qualify as a planned action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City’s SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that resulted in failure to qualify as a planned action.

8. Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the planned action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the nonqualifying project to those issues and environmental impacts not previously addressed in the planned action EIS. (Ord. 2612 § 2, 2013).

19.100.040 Monitoring and review.

A. The City shall monitor the progress of development in the designated planned action area to ensure that it is consistent with the assumptions of this chapter and the planned action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the freeway/tourist district.

B. This planned action chapter and its underlying ordinance shall be reviewed no later than December 1, 2023, by the SEPA Responsible Official 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. Based upon this review, the City may propose amendments to the ordinance codified in this chapter and/or may supplement or revise the planned action EIS. (Ord. 2612 § 2, 2013).