Everett Rethink Zoning - Comprehensive Plan Changes
Everett Rethink Zoning - Comprehensive Plan Changes
Council Bill# interoffice use Project: Amendment of the Everett Comprehensive Plan for Rethink Zoning
CB 2009-51
Partner/Supplier : n/a
Agenda dates requested: Location: City-wide
9/30, 10/7, 10/14 11/4 Preceding action: Numerous prior actions
Briefing X Fund: n/a
Proposed action
Consent
Action Fiscal summary statement:
Ordinance X n/a
Public hearing
Project summary statement:
X Yes No
Rethink Zoning is a multi-year initiative to update and simplify the City's zoning code. The current
Budget amendment: version of the City's zoning code was adopted in 1989. For the past thirty years, the City has
Yes X No added to its development regulations without careful consideration of duplication and conflict
with other code provisions.
PowerPoint presentation:
X Yes No The ordinance amends Chapter One, Introduction and Chapter Two, Land Use Element of the
Comprehensive Plan.
Attachments: The Chapter One amendments remove the procedures for amendment of the Comprehensive
Ordinance with Exhibits Plan, and moves them to Title 15, Local Project Review Procedures. The Chapter Two
amendments include a revised Land Use Designation Map that includes 28 site-specific
Department(s) involved: amendments (see https://everettwa.gov/DocumentCenter/View/25947/); a revised Table 9 to
Planning show the zoning equivalent with Rethink Zoning; and new criteria for the new zoning districts to
Public Works guide future rezone requests that may or may not include a comprehensive plan amendment.
Legal
More information on Rethink Zoning can be found at www.everettwa.gov/rethink and the
Contact person: following:
David Stalheim, Interim • Summary and highlights of proposal
Planning Director (https://everettwa.gov/DocumentCenter/View/25604)
• Summary of code chapters (https://everettwa.gov/DocumentCenter/View/25604/)
Phone number:
• Public Comment Tracker (https://everettwa.gov/2510/How-to-Get-lnvolved)
425-257-8731
• Response to public comments (https://everettwa.gov/DocumentCenter/View/25604/)
Email: • Response to procedure changes (public notice, decision-making and SEPA)
[email protected] (https://everettwa.gov/DocumentCenter/View/25952/l
• Land Use Map Change Report (https://everettwa.gov/DocumentCenter/View/25947/)
• Rethink Zoning Maps (https://everettwa.gov/2509/Maps)
• State Environmental Policy Act Addendum
Initialed by: (https ://everettwa .gov/DocumentCenter/View/25770/)
Please see the Rethink Zoning ordinance amending the Everett Municipal Code for additional
Department head attachments, including a summary and response to public comments.
DS
•••••••••HO
WHEREAS,
A. The City of Everett did its last major update to the City's zoning requirements in 1989; and
B. The City of Everett adopted its first Comprehensive Plan under the Washington State Growth
Management Act (GMA} in 1994 and conducted a comprehensive review and update of the Plan
in 2015; and
C. The Growth Management Act (RCW 36.70A.130(1}(d}} requires the city to adopt development
regulations that are consistent with and implement the comprehensive plan; and
D. In 2019, the City of Everett amended Chapter Two, Land Use element as the first step in a review
of the city's Zoning and other development codes, recognizing that the "next step ... [was] ...to
work on simplifying and streamlining the land use regulations while still providing for quality
development and the protections for public health, safety and welfare. This process will look at
most development codes- not just zoning .... Code revisions that should be considered, includ[e]:
Consolidation of zoning districts... streamlining use and development regulations... integrating
development standards from other city codes ... into a unified code..updating and streamlining
project review procedures." (Ord 3666-19); and
E. The City prepared a public participation plan for Rethink Zoning, reviewed by the City's Planning
Commission on June 2, 2020, and by the City Council on July 29, 2020, which described the goal
and approaches to engage public participation, and made that public participation plan available
on the city's project website at www.everettwa.gov/rethink; and
F. The amendments to the Land Use Designation Map include twenty-eight different locations
(https ://everettwa.gov/DocumentCenter/View/25947/Land-Use-Change-Report-8-28-20), most
of which had current development patterns which were inconsistent with current zoning and
comprehensive plan land use designations; and
G. The City provided notice to affected property owners of the Land Use Designation map changes;
and
H. City staff analyzed existing zoning districts and found that many were nearly identical in the uses
allowed and development standards, and presented the results comparing the residential zones
and commercial-industrial zones to the Planning Commission and City Council; and
I. The City has reviewed the potential environmental impacts of the proposed amendments
pursuant to the State Environmental Policy Act (SEPA), with an Addendum to the Draft and Final
Environmental Impact Statements for the City of Everett 10-Year Update to the Growth
Management Comprehensive Plan and Regulations issued in 2015; and
J. The city provided Snohomish County, the cities of Mukilteo and Marysville, as well as tribal
governments and other agencies with interest in the city, an opportunity to review and
comment on the amendments to identify any issues of consistency or concern; and
K. On July 21, 2020, the Planning Commission agreed to hold a public hearing on amendments to
the Comprehensive Plan and Everett Municipal Code as set forth in drafts dated July 13, 2020;
and
L. Public notice and opportunity to comment on these amendments was provided through
electronic and mail notice to interested parties, a legal notice of public hearing published in the
Everett Herald on July 29, 2020, notice to the Washington State Department of Commerce on
July 23, 2020, and a public hearing held by the Planning Commission on August 18, 2020; and
M. Chapter One, Introduction of the Comprehensive Plan provides for amendment of the
Comprehensive Plan Land Use Map and Policies; and
N. On September 8, 2020, the Planning Commission considered public testimony and staff
recommendations, including additional amendments to the Comprehensive Plan and Everett
Municipal Code; and
0. On September 8, 2020, the Planning Commission recommended that the City Council amend the
Comprehensive Plan and Municipal Code as set forth in the recommendations forwarded to the
City Council dated September 8, 2020;
P. The amendments to the Comprehensive Plan and Everett Municipal Code are consistent with
the scope anticipated in the 2019 Comprehensive Plan amendments (Ord 3666-19).
Section 1. Amend Chapter One, Introduction and Chapter Two, Land Use Element of the Everett
Comprehensive Plan as set forth in Exhibit 1.
Section 2. Effective Date. This ordinance shall not go into effect until the City Council, by
Resolution, concludes the 2020 Comprehensive Plan docket process.
Section 3. The City Clerk and the codifiers of this Ordinance are authorized to make necessary
corrections to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors,
E ORDINANCE _ _
____ Page 2 of 3
references, ordinance numbering, section/subsection numbers, and any internal references.
Section 4. The City Council hereby declares that should any section, paragraph, sentence, clause or
phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it
would have passed all portions of this ordinance independent of the elimination of any such portion as
may be declared invalid.
Section 5. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other
matter currently pending in any court or in any way modify any right or liability, civil or criminal, which
may be in existence on the effective date of this Ordinance.
Section 6. It is expressly the purpose of this Ordinance to provide for and promote the health, safety
and welfare of the general public and not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of this
Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance
is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing
contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability
on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any
action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by
its officers, employees or agents.
ATTEST:
PASSED: ___________
VALID: ___________
PUBLISHED: _________
EFFECTIVE DATE: ________
Instructions to reader: This document amends Chapter 1, Introduction of the City's Comprehensive Plan. You
can locate proposed changes to the city's plan with a vertical bar in the left hand margin. Words struck
through are proposed for deletion; words that are underlined are proposed additions. For a summary of the
effect of the changes to this chapter, please visit the Rethink Zoning Library
at https://everettwa.gov/2453/Rethink-Zoning-Library.
See Title 15, Local Project Review Procedures, for how to initiate and review A�mendments to the
comprehensive plan� may be initiated according to the following procedures:
applications for amendment to the Land Use Map must be submitted to be included in the annual update and
amendment process, to allow for sufficient time to complete en1,1ironmental re1,1iew and public comment
before the Planning Commission must make its decision.
2. Amendment to Comprehensive Plan Policies to Support a Change to the Land Use Map
Amendments to one or more policies of any element of the comprehensii,•e plan that are needed to justify or
support an amendment to the Land Use Map may be initiated by a property owner or applicant, or by the
City. If initiated by a property owner or applicant, the justification for the change to the polic·r shall be
included in the application materials for the Land Use Map amendment.
See Title 15, Local Project Review Procedures, for procedures and additional criteria for amendment of the
land use map.
The City is asked much more frequently to amend the designations of the Land Use Map than the policies
embodied in the teict. This is usually the result of an individual who i,vishes to rewne land to allov,r uses not
permitted by the eicisting zoning of the property. Such requests are sometimes based upon a specific
proposed use and de>Jelopment for a property, and sometimes are speculative for purposes of increasing the
\1alue of the land without a use or de>Jelopment plan proposed. In either case, the Planning Commission and
City Council must carefully evaluate requests to amend the Land Use Map to determine the long term benefit
to the community as a whole. \Nhether initiated by the City or a pri\•ate party, the burden of proof is upon
the proponent to demonstrate the long term benefit to the community as a whole. The following factors
shall be considered in reviewing such amendment requests.
1. The proposed land use designation must be supported by or consistent with the eicisting policies of
the various elements of the comprehensive plan.
2. Flave circumstances related to the subject property and the area in which it is located changed
sufficiently since the adoption of the Land Use E:lement to justify a change to the land use designation? If so,
the circumstances that have changed should be described in detail to support findings that a different land
use designation is appropriate.
'.3. /\re the assumptions upon which the land use designation of the subject propert1• is based
erroneous, or is ne•.v information a>Jailable which was not considered at the time the Land Use E:lement was
adopted, that justify a change to the land use designation? If so, the erroneous assumptions or new
information should be described in detail to enable the Planning Commission and City Council to find that the
land use designation should be changed.
4. Does the proposed land use designation promote a more desirable land use pattern for the
community as a whole? If so, a detailed description of the qualities of the proposed land use designation that
make the land use pattern for the community more desirable should be pro•,iided to enable th9 Planning
Commission and City Council to find that the proposed land use designation is in the community's best
interest.
S. Should the proposed land use designation be applied to other properties in the vicinity? If so, the
reasons supporting the change of several properties should be described in detail. If not, the reasons for
changing the land use designation of a single site, as requested by the proponent, should be pro•,iided in
sufficient detail to enable the Planning Commission and City Council to find that approval as requested does
not constitute a grant of special privilege to the proponent or a single owner of property.
e. 1A/hat impacts would the proposed change of land use designation ha>Je on the current use of other
properties in the vicinit11 and what measures should be taken to assure compatibility with the uses of other
,
I. AMENDING POLICIES
See Title 15, Local Project Review Procedures, for procedures and additional criteria for amending the
comprehensive plan policies.
The policies of the comprehensive plan are the basis for many actions taken by the city and private sector.
The foundation for the policies should be grounded in legal requirements, such as the Gro1,vth Management
Act; sound planning and land use principles; the community's 1,1ision and 1Jalues; and in the community's
anticipated future grov,th needs. From time to time, one or more of the abo1Je policy bases changes. Laws
are changed, economic conditions or social values change, growth trends cause a shift in land use needs, or
the community's idea of what it ,,.,,ishes to be may be altered. When such changes occur, it is appropriate to
review the Goals, Objecti1,1es and Policies of the plan.
The policies of the comprehensi1J e plan are intended to provide a stable framework to guide the long term
physical gro1N th within the Everett Planning ,t,,rea. Therefore, consideration of changes to the plan policies
should be based upon the long term benefit to the community of such changes. Changes to the foundations
upon which the policies are based may create a need to change the policies and subsequent programs or
regulations that implement the policies. Major policy changes should be 1Jiev,1ed in the conte➔<t of changes to
the law, changed socioeconomic conditions, shifts of community opinion and priorities, and significant
changes to the amount and characteristics of anticipated future growth.
The following factors shall be considered in re1Jiewing proposed amendments to comprehensi1,1e plan policies.
1. Have circumstances related to the subject policy changed sufficiently since the adoption of the plan
to justify a change to the subject poliC'y1? If so, the circumstances that have changed should be described in
detail to support the proposed amendment to the policy.
2. Are the assumptions upon which the policy is based erroneous, or is new information available that
was not considered at the time the plan was adopted, that justify a change to the policy? If so, the erroneous
assumptions or nev,1 information should be described in detail to support the proposed policv amendment.
3. Does the proposed change in policy promote a more desirable growth pattern for the community as
a whole? The manner in which the proposed policy change promotes a more desirable gro1,vth pattern
should be described in detail.
4. Is the proposed policy change consistent with other existing plan policies, or does it conflict v,•ith
other plan policies? The extent to which the proposed polio,• change is consistent with or conflicts with other
existing policies should be explained in detail.
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Land Use Element, Comprehensive Plan - Amendment 1 Planning Commission Recommendation (09/08/20)
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Land Use Element, Comprehensive Plan -Amendment 2 Planning Commission Recommendation (09/08/20)
VI. IMPLEMENTATION PROGRAMS
The effectiveness of any comprehensive planning effort can be measured by the degree to which its goals are
realized and its policies are implemented. Adoption of a land use plan is the first step in a series of
commitments that the City must make to achieve the vision and goals of the community. Adopting the plan
commits the City to future actions such as spending public dollars on capital facilities and public services, and
revising codes and regulations. In adopting the comprehensive plan, the City acknowledges that future
growth in the community will require increased public services and capital expenditu_res. Land use
regulations must be periodically evaluated and revised.
The policies of the Land Use Element can be implemented through a variety of methods. Below are listed a
number of tools the City can use to further the goals and objectives of the Land Use Element.
The ne ct step following this Land Use elernent re•,,.·rite is to work on sirnplifying and strearnlining the land t1se
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regt1lations while still prm,iiding for qt1ality de•reloprnent and the protections for pt1blichealth, safety and
welfare. This process will look at rnost developrnent codes not jtJst zoning, st1ch as st1bdivisions and
infrastrnctme (street, side•,valk, sewer, water, storrn) reqt1irernents for new developrnent. There are a variety
of potential code re•risions that shot1ld be considered, inclt1ding:
As can be seen in Table 9, there are multiple zoning districts which can be found to be consistent with a land
use designation. For example, there are three zoning districts which are considered Industrial: Lil, Ll2, and HI.
The following criteria are to be used for evaluation of any proposed change in the zoning designation:
Land Use Element, Comprehensive Plan -Amendment 3 Planning Commission Recommendation (09/08/20)
1. R-S, Suburban Residential. This zone may be established for properties with more than one of the
following characteristics:
al The prevailing lot size is larger (10,000 square feet or more, though many areas have lots less than
this);
bl Terrain is steeper and/or the surrounding area has critical area features (ravines, streams, wetlands);
cl Alleys are generally not present;
d) Incomplete sidewalk network;
el Areas not within walking distance (1/4 mile) of frequent existing or planned high capacity
transit/raii stops;
fl Existing development is predominantly single-family residential use.
2. R-1, Single-Family Detached Low Density Residential. This zone may be established for properties with
more than one of the following characteristics:
al Primarily platted lots from 6,000 - 9,000 square feet) on flatter terrain;
b) Alleys are generally are not present, but exceptions do exist, (e.g., some portions of North Everett);
cl Areas generally not within walking distance (approximately¼ mile) of frequent existing or planned
high capacity transit/rail stops;
d) Existing development is predominantly single-family residential use.
3. R-2, Single-Family Detached Medium Density Residential. This zone may be established for properties
with more than one of the following characteristics:
a) Primarily smaller platted lots (4,500- 7,500 square feet) on flatter terrain;
bl Alleys are typically present, but exceptions do exist (e.g., properties near Evergreen Way);
c) Existing development pattern is predominantly single-family and duplex uses;
d) Properties located between single-family detached neighborhoods and uses of a higher intensity;
el Areas within walking distance (1/4 mile) of frequent existing or planned high capacity
transit/railstops;
4. R-2(Al. Single-Family Attached Medium-Density Zone. This zone may be established for properties with
more than one of the following characteristics:
a) Properties that are already developed with single-family attached (townhouse) development;
bl Properties located between single-family detached neighborhoods and uses of a higher intensity;
cl Properties of sufficient width and depth to accommodate at least three (3) single-family attached
units;
d) Areas within walking distance (1/4 mile) of frequent existing or planned high capacity
transit/railstop;
e) Properties that are not substantially encumbered by critical areas.
5. UR3, Urban Residential 3. This zone may be established for properties with more than one of the
following characteristics:
al Areas currently developed as multifamily but not within walking distance (approximately½ mile) of
frequent existing or planned high capacity transit/rail stops;
bl Area designated multifamily on Land Use Map and within walking distance (approximately½ mile) of
frequent high capacity transit or light rail station, but characterized as lower density, historic
neighborhoods;
cl Areas currently zoned for single-family uses and near employment centers;
d) Areas that can provide a buffer between single-family use and higher intensity multifamily,
commercial, or industrial uses;
el Existing development pattern includes multifamily residences;
fl Areas within approximately½ mile of a city park or other usable public open space; and
Land Use Element, Comprehensive Plan -Amendment 4 Planning Commission Recommendation (09/08/20)
g) Existing development pattern includes structures less than four (4) floors in height.
6. UR4, Urban Residential 4. This zone may be established for properties with more than one of the
following characteristics:
a) Area already zoned for high density, multifamily (including Metro Everett) and within walking
distance (approximately¼ to½ mile) of frequent existing transit or planned light rail;
bl Areas within approximately½ mile of a city park or other usable public open space;
cl Existing development pattern includes structures more than four (4) floors in height; and
d) Areas with access to a full range of public facilities and services, including utilities, police and fire,
and civic amentities.
7. NB, Neighborhood Business. This zone may be established for properties with more than one of the
following characteristics:
a) Small nodes of neighborhood-oriented business and mixed use;
bl Parcel or node size ranges from 5,000 square feet to five acres, but may be larger;
cl Typically surrounded by residential zoning;
d) Located along collector streets/minor arterials - not along major arterials;
el Sidewalk network in place within approximately¼ mile radius;
fl Areas not likely to be served by high capacity transit; and
g) Property is generally separated from other NB nodes by a minimum½ mile walking distance.
8. B, Business. This zone may be established for properties with more than one of the following
characteristics:
a) Lot sizes are generally larger than the NB zone and may consist of unplatted parcels;
bl Located on major arterial corridors, or has frontage on a connecting street; and
cl Applied to areas that have historically been used for retail, entertainment, office/service use, food
and beverage or other commercial uses.
9. MU, Mixed Urban. This zone may be established for properties with more than one of the following
characteristics:
al Located immediately adjacent to Metro Everett;
bl Abuts a designated TOD street or Pedestrian street;
cl The area has a well-developed sidewalk network consisting of sidewalks six feet or greater in width;
d) The property is located within approximately¼ mile walking distance of frequent existing or planned
high capacity transit stops or approximately½ mile from planned light rail stations;
el The surrounding land use pattern includes a mix of different uses, such commercial, residential and
public uses; and
fl Infrastructure is either in place or may be upgraded to support compact, high density development.
10. Lil, Light Industrial 1. This zone may be established for properties with more than one of the following
characteristics:
al Developed light industrial areas that are heavily urbanized;
bl Areas located in close proximity to transit, as well as other uses including commercial and
residential;
cl Areas that have been platted into smaller lots and blocks and may have a more traditional gridded
street system;
d) Surrounding properties may have been developed under less stringent zoning standards (lot size,
setbacks, open space, outdoor storage, etc.) that would become nonconforming if stricter standards
were applied;
el Existing infrastructure is in place; and
fl Some light industrial areas in North Everett may have an incomplete sidewalk network.
Land Use Element, Comprehensive Plan -Amendment 5 Planning Commission Recommendation (09/08/20)
11. Ll2, Light Industrial 2. This zone may be established for properties with more than one of the following
characteristics:
al Areas consisting of larger office, industrial and light manufacturing developments on larger parcels
than Lil. Lot sizes are typically greater than two acres; some may be as small as one acre;
bl Surrounding uses are other light industrial, heavy manufacturing or residential and are screened or
landscaped for compatibility;
cl Industrial developments with wide streets, sidewalks, landscaping and where buildings are
substantially set back from property lines;
dl Existing infrastructure in place-may have been constructed through a Local Improvement District
illQ1
el Existing sidewalk network;
f) Extensively landscaped sites with wide streets suitable for heavy truck traffic; and
g) Existing sewer and water capacity suitable for a variety of industrial uses.
12. HI, Heavy Industrial. This zone may be established for properties with at least one of the following
characteristics. All rezoning requests shall meet criterion #3 at a minimum;
a) The subject property is in within the Southwest Everett subarea and will be used to support airplane
manufacturing uses;
bl The property's location can potentially support marine commerce activity and water-dependent
industrial uses are identified in the City of Everett Shoreline Master Program; and
cl The property's location or configuration ensures that potential nuisance impacts on more sensitive
land uses can be adequately mitigated through buffering, screening or physical separation.
13. AG, Agriculture. This zone may be established for properties with at least two of the following
characteristics:
al The subject property and surrounding properties consist of large parcels at least five acres in area.
bl The subject property and surrounding properties are used for agricultural uses, or the subject
property has an "open space" designation for taxation purposes; and
c) The subject property is located within the Snohomish River valley.
E. Street Designations
There is an integral connection between urban planning, place making and economic development.
Attracting people is central to economic development, and creating active, vibrant places is key to attracting
people. The land use strategy works towards achieving these objectives with these key points:
• Streets are busy with people
• Ground floor spaces are inviting
• People with a mix of incomes live in the area
• High density, mixed uses near light rail and high-capacity transit are created
The zoning, or Unified Development Code, should designate streets to function as a design and use overlay.
These designations should take place in the following areas:
1. Located within Metro Everett;
2. Located within¼ mile of a high frequency transit corridor or planned light rail station;
3. Neighborhood Business designation on zoning map.
Pedestrian Streets - these streets will have buildings with ground floors that are predominantly occupied by
nonresidential uses, such as retail, commercial and business uses. Building fronts are tailored to pedestrians
Land Use Element, Comprehensive Plan -Amendment 6 Planning Commission Recommendation (09/08/20)
versus automobile traffic. Design standards would require ground floor transparency, awning coverage, and
direct pedestrian access. Pedestrian streetscapes would be of a type that emphasizes pedestrian scale, with
wide sidewalks, appropriately selected and frequent-spaced street trees, and other amenities to make
walking a pleasant experience.
Connector Streets - these streets are important pedestrian routes but play a secondary role to Pedestrian
Streets in connecting areas. Standards for frontage and streetscape types would be tailored to pedestrians,
but at a lesser standard than Pedestrian Streets.
Residential Mixed-Use Corridor - these streets are either key gateway corridors or streets in transition that
are primarily residential in character. These streets are likely to evolve from residential to a mix of residential,
and small office and light retail/entertainment uses.
Transit Oriented Development (TOD) Streets - these are streets that are within close walking distance of
frequent transit (more than 4 trips per hour) and future light rail. The character of these streets and buildings
are similar to Pedestrian Streets. However, they should include requirements for taller buildings and high
floor-to-area (FAR) ratio, as well as increased transparency and weather protection compared to other street
designations. In addition, each block of a TOD street should have a minimum amount of ground floor
commercial or public use to encourage active streets.
Land Use Element, Comprehensive Plan - Amendment 7 Planning Commission Recommendation (09/08/20)