Mukilteo City Zoning Code
CHAPTER 17
18 ESSENTIAL PUBLIC FACILITIES
§ 17.18.010 Purpose-Applicability.
A.
Essential public facilities and transportation facilities of statewide significance are necessary and important in the provision of public systems and services. The city of Mukilteo already hosts or borders on a number of essential public facilities, including, but not limited to, the following:
1.
The Mukilteo lighthouse and foghorn;
2.
The Washington State Ferries Mukilteo-Clinton ferry terminal;
3.
The Sound Transit Mukilteo station;
4.
The Port of Everett rail barge facility;
5.
The Snohomish County mental health evaluation facility;
6.
Snohomish County Paine Field Airport;
7.
Burlington Northern Railroad tracks;
8.
State Route 525; and
9.
State Route 526.
B.
The purpose of this chapter is to implement the Growth Management Act and the Mukilteo comprehensive plan by establishing processes for the siting and expansion of essential public facilities in the city of Mukilteo as necessary to support orderly growth and delivery of public services. The city's goal in promulgating the regulations under this chapter is to ensure the timely, efficient and appropriate siting of EPFs while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities. Nothing in this chapter should be construed as an attempt by the city to preclude the siting of essential public facilities in contravention of applicable state law.
(Ord. 1149 § 2 (part), 2006)
§ 17.18.020 Siting or expansion of local essential public facilities.
A.
A special use permit shall be required as provided in this section before any local essential public facility (other than a secure community transition facility as defined in RCW 71.09.020) may be located or expanded within the city of Mukilteo, regardless of the zoning district in which such facility is or is proposed to be located.
B.
A complete application for a special use permit for a local essential public facility shall include all items set forth under the General Application, Site/Building Plans, Civil/Engineering, and Environmental categories in Table 3 adopted by Section 17.13.040, with the exception of a plat map. The planning director shall develop a supplemental application form which addresses and provides sufficient information to judge the application's compliance with each of the approval criteria set forth in subsection D of this section.
C.
A special use permit for a local essential public facility shall be processed as a Type II permit under the process set forth in Table 6 adopted by Section 17.13.070. Notice of the application and the required public hearing shall be given as provided in Section 17.13.050. Notices shall be posted on-site, posted at the city's designated posting places, advertised in the city's official newspaper, and mailed to property owners within three hundred feet.
D.
A special use permit for a local essential public facility shall be approved upon a determination that:
1.
The project sponsor has demonstrated a need for the project, as supported by a detailed written analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;
2.
The project sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology, as verified by the city and reviewed by associated jurisdictions and agencies;
3.
Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;
4.
Necessary infrastructure is or will be made available to ensure that public safety responders have the capacity to handle increased calls and expenses that will occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs. The facility will not adversely affect public safety;
5.
The project sponsor has the ability to pay for all capital costs associated with on-site and off-site improvements;
6.
The facility will not unreasonably increase noise levels in residential and commercial areas and school zones;
7.
Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties;
8.
The local essential public facility is not located in any residential zoning district identified in Table 17.16.040, except as provided in this subsection. If the land on which a local essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the hearing examiner that there is no other feasible location for the facility and that the exclusion of the facility from the residential districts of the city would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district.
9.
The local essential public facility meets all provisions of this code for development within the zoning district in which it is proposed to be located, including but not limited to the bulk regulations of Chapter 17.20, except as provided in this subsection. If a local essential public facility does not meet all such provisions, the applicant must demonstrate that compliance with such provisions would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion; and
10.
Any and all probable significant adverse environmental impacts including but not limited to air quality, habitat, soil quality and soil stability of neighboring properties and light pollution are mitigated.
E.
If the hearing examiner determines that any one or more of the decision criteria set forth in subsection D of this section is not met by the proposal, the hearing examiner shall impose such reasonable conditions on approval of the special use permit as may be necessary in order to enable the facility to meet the decision criteria.
F.
The decision criteria set forth in subsection D of this section shall not be applied in such a manner as to preclude the siting or expansion of any local essential public facility in the city of Mukilteo. In the event that a local essential public facility cannot, by the imposition of reasonable conditions of approval, be made to meet the decision criteria set forth in subsection D of this section on the preferred site described in the proposal, the hearing examiner shall either:
1.
Require the local essential public facility to be located on one of the investigated alternative sites, if the proposal can be reasonably conditioned to meet the decision criteria at the alternative site; or
2.
Approve the siting or expansion of the local essential public facility at the preferred site with such reasonable conditions of approval as may be imposed to mitigate the impacts of the proposal to the maximum extent practicable, if there is no available alternative site on which the decision criteria can be met.
(Ord. 1149 § 2 (part), 2006)
§ 17.18.030 Siting and expansion of state and regional essential public facilities.
A.
Any proposal for the siting or expansion of a state or regional essential public facility shall follow the procedures established by Chapter 17.13 for the underlying permit, e.g., building permit, subdivision, binding site plan, etc.; provided, that a public hearing shall be held prior to the issuance of any such permit in order to obtain public input on the permit criteria and conditions of approval. If the underlying permit ordinarily requires a public hearing, the public hearing required by this section shall be consolidated with the required public hearing and heard by the same hearing body or officer. If the underlying permit does not ordinarily require a public hearing, the hearing examiner shall conduct the public hearing and shall thereafter be the approval authority for such underlying permit. Notice of the application and the required public hearing shall be given as provided in Section 17.13.050. Notices shall be posted on-site, posted at the city's designated posting places, advertised in the city's official newspaper, and mailed to property owners within three hundred feet.
B.
State and regional essential public facilities shall not be located in any residential zoning district identified in Table 17.16.040 except as provided in this subsection. If the land on which a state or regional essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the hearing examiner that there is no other feasible location for the facility and that the exclusion of the facility from the residential districts of the city would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district.
C.
State and regional essential public facilities shall meet all provisions of this code for development within the zoning district in which they are proposed to be located, including but not limited to the bulk regulations of Chapter 17.20, except as provided in this subsection. If a state or regional essential public facility does not meet all such provisions, the applicant must demonstrate to the hearing examiner that compliance with such provisions would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion.
D.
The hearing examiner shall impose reasonable conditions upon the state or regional essential public facility in order to ensure that:
1.
Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;
2.
Necessary infrastructure is or will be made available to ensure that public safety responders have the capacity to handle increased calls and expenses that will occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs. The facility will not adversely affect public safety;
3.
The project sponsor has the ability to pay for all capital costs associated with on-site and off-site improvements;
4.
The facility will not unreasonably increase noise levels in residential and commercial areas and school zones;
5.
Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties; and
6.
Any and all probable significant adverse environmental impacts including but not limited to air quality, habitat, soil quality and soil stability of neighboring properties and light pollution are mitigated.
E.
The hearing examiner shall not impose conditions in such a manner as to preclude the siting or expansion of any state or regional essential public facility in the city of Mukilteo. In the event that a state or regional essential public facility cannot, by the imposition of reasonable conditions of approval, be made to mitigate the impacts described in subsection D of this section, the hearing examiner shall approve the siting or expansion of the state or regional essential public facility with such reasonable conditions of approval as may mitigate such impacts to the maximum extent practicable.
(Ord. 1149 § 2 (part), 2006)