HomeMy WebLinkAboutO-2094 - Repeals and replaces Ch. 19.29, mixed use zone (Repealed by 2131)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.20 C({
AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING A
NEW CHAPTER 19.29 OF THE MARYSVILLE MUNICIPAL CODE AND
ESTABLISHING A MIXED USE ZONE,ESTABLISHING MINIMUM
ZONING CRITERIA,REZONE AND REVIEW PROCEDURES,
PRELIMINARY SITE PLAN AND FINAL SITE PLAN,SIMULTANEOUS
PLATTING --EXEMPTION,DURATION OF APPROVAL,GENERAL
PERFORMANCE STANDARDS,GENERAL DESIGN REQUIREMENTS,
GENERAL LANDSCAPING STANDARDS,DENSITIES AND COMMON
FACILITIES,AND PERMITTED AND CONDITIONAL USES;AND
REPEALING THE EXISTING PCB ZONE AS CODIFIED IN CHAPTER
19.29 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS,the Marysville Planning Department,in conjunction with the
Marysville Planning Commission, has studied the concept of adopting a mixed use zone as
a part of the zoning code within the City ofMarysville; and
WHEREAS,on April 23, 1996, the Marysville Planning Commission held a public
hearing and received staff input, citizen comment and testimony concerning the proposed
mixed use zone; and
WHEREAS,pursuant to the State Growth Management Act the City has
incorporated the concept of a mixed use zone into its comprehensive plan; and
WHEREAS,pursuant to the recommendation ofthe Marysville Planning
Commission the Marysville City Council considered the mixed use zone concept;NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
Section 1. Repealed.Chapter 19.29 of the Marysville Municipal Code relating to
the PCB Zone is hereby repealed in its entirety, as it is replaced by this ordinance.
Section 2. A new chapter 19.29 of the Marysville Municipal Code is hereby
adopted which shall read as follows:
Ordinance I 1
Sections:
19.29.010
19.29.020
19.29.030
19.60.040
19.29.050
19.29.060
19.29.070
19.29.080
19.29.090
19.29.100
19.29.110
19.29.120
19.29.130
19.29.140
Mixed Use Zone (MU)
Purpose.
Applicability.
Minimum zoning criteria
Rezone and review procedures.
Preliminary site plan.
Final site plan.
Simultaneous platting -Exemption.
Duration of approval.
General performance standards.
General Design Requirements.
General landscaping standards.
Densities and dimensions
Maintenance of open space, landscaping and common facilities.
Permitted and conditional uses.
19.29.010 Purpose.(1)The purpose of the Mixed Use (MU)zone is to provide for
pedestrian and transit-oriented high-density employment uses together with limited
complementary retail and higher density residential development in locations within
activity centers where the full range of commercial activities is not desirable.These
purposes are accomplished by:
(a)Allowing for uses that will take advantage of pedestrian-oriented site and street
improvement standards;
(b)Providing for higher building heights and floor area ratios than those found in other
commercial zones;
(c)Reducing the ratio of required parking to building floor area;
(d)Allowing for on-site convenient daily retail and personal services for employees and
residents;and
(e)Minimizing auto-oriented,outdoor or other retail sales and services which do not
provide for the daily convenience needs of on-site and nearby employees or residents.
(2)Use of this zone is appropriate in areas designated by the Comprehensive Plan for
Mixed Use which are served at the time of development by adequate public sewers,water
supply,roads and other needed public facilities and services.
19.29.020 Applicability. All new development,substantial improvements,or changes in
occupancy shall be subject to the provisions of this chapter.For the purpose of this
chapter,a substantial improvement means any,structural modification,addition or other
improvement of a structure,the cost of which equals or exceeds 50 percent of the market
value of the structure before the modification or addition is started.
19.29.030 Minimum zoning criteria.
(1)A tract of land must be in single ownership or for multiple parcels under unified
control.This requirement shall apply during preliminary and final plan stages to insure
continuity of plan development.
Ordinance I 2
(2) A rezone request must be accompanied by a preliminary development plan prepared in
compliance with the regulations and requirements of this chapter.
(3)Preliminary and final plans must comply with bulk regulations contained in this
Chapter and Chapter 19.20 MMC.
(4) All proposed sites shallbe served by public water and sewer services and paved
streets.
19.29.040 Rezone and review_procedures.
(1) General procedures.The MU zone requires a two-step approval process:
(a) The preliminary plan and rezone application are considered together through the
normal rezone process;and
(b) A final plan is reviewed administratively after the rezone has been approved.No
development permits shall be issued until a final plan has been approved in accordance
with the provisions of this chapter.
(2)Alternative Procedure -Concurrent Rezone, and Preliminary Binding Site Plan.
Concurrent applications for rezone, and preliminarybinding site may be made,provided
that all items required by MMC 19.29.050 are submitted for the entirety of the rezone site
at the time application is made. The rezone application,and_preliminary binding site plan
shall be processed as a master permitapplication in accordance with the procedures set
forth in MMC 19.56.050 and Chapter 20.44MMC.
(3)City-Initiated Rezone Alternative Procedure for MU. When recommended by the city
comprehensive plan, the city may initiate rezoning to MU as part of the comprehensive
plan implementation process. When this alternative is exercised, the provisions ofMMC
19.29.030 (1)through (4) shall be waived.Prior to development of the site, the developer
shall submit a final development plan and fees as required by city codes to the Planning
Department for review and approval.
19.29.050 Preliminary site plan.
Any applicant for a MU zone shall submit at the time of the application professionally
prepared plans, drawings and other necessary documentation,including, at a minimum,the
following:
(1) An overall site development plan showing the location and size of all buildings and
uses, areas devoted to open space and buffering, ingress and egress points, internal
pedestrian and vehicular circulation;
(2) A staging schedule for the project,if applicable;
(3) A rendering showing the general design and appearance of proposed buildings,
including signs;
(4) General landscaping plans;
(5)Storm drainage plans showing existing vegetation, slopes and drainage conditions, as
well as proposed alterations and drainage control devices;
(6) Fencing, berms, buffer strips or other proposed treatment of boundary lines;
(7)Other maps, plans, studies and documentation shallbe submitted if deemed necessary
by the city staff, in order to effectivelyevaluate the impact ofthe proposal;such as a
traffic analysis, economic feasibility study, demand analysisfor residential dwelling units,
or environmental inventory and analysis.
Ordinance / 3
19.29.060Finalsite plan.
(a) Followingapprovalby the citycouncil ofa MU zone andthe preliminary site plan
relatingto the same,but before development activities commenceon the property, the
applicantshan submita professionally prepared final siteplan including,at a minimum,the
following:
(1)Allelements of the preliminary siteplanas approvedbythe citycouncil;
(2)Originaland proposed topographyin maximum two-foot contour intervals,and
preservation measuresfor fil\andcut slopes;
(3)Typicalcross-sections of an internalstreets and sidewalks;
(4)Finallandscapingplan,including plantlocations,species,sizeat planting,together
with location and typicalsideview of perimeter fencing or berms,ifany;
(5)An architecturalrendering showingthe exterior profileand appearance of an buildings,
includingsigns,drawn to a scaleof not lessthan one inchto 50 feet;
(6)Detailed drainageplans,including the location of allstormwater drainage facilities,
retention/detention ponds and oil/waterseparators;
(7) A statement that alldevelopmentwillbe in strict conformity withthe approved final
sireplan, and with all applicable provisions of this code; andthat no structures shanbe
occupied until allrequired improvements havebeen completedto the satisfaction of the
city;
(8) A certificate of approval preparedfor the signature of the PlanningDirector.
(b) The citystaff shallreviewthe final site planto determine whether it conformsto the
approved MU rezone andthe preliminary site plan,andthe applicable state laws and city
ordinanceswhichwere in effectat the time ofthe approval.Upon such conformitybeing
found, the finalsite planshallbe signedbythe Planning Director.An approved finalsite
planshallconstitute anintegralpart of the MU zonefor the subjectproperty and shallbe
bindingupon the owner of saidproperty,its successorsand assigns.Alldevelopment of
the subject property shanbe instrict compliance with the planand withthe rezone
ordinance.
(c)An approved plan maybe modified or amendedat the request of the property owner
by administrative action of the PlanningDirector; provided,that this authority shanbe
limitedto amendments of a minornaturewhich shall not result in:(1) Increase the
number of dwellingunits; (2) Decrease the amountof perimeterlandscaping(ifany); (3)
Decrease residential parking facilities (unlessthe number of dwelling units is decreased);
(4) Locate structures closerto anysiteboundary line;or (5) Changethe locations of any
points of ingressand egress to the site.Requestsfor substantial modifications shanbe
submittedto the hearingexaminerand city council for rehearingas a new rezone
application.
19.29.070 Simultaneousplatting Exemption.
A preliminary bindingsite plan subdividing the subjectproperty pursuant to Title 20 may
be processed simultaneously with a MU rezone;provided,that ifthe subjectproperty
remainscompletelyunder singleownershipor control,including ownershipby a
condominiumassociation,compliance with an approvedMU final site planshan preclude
the necessityto plat the property or complywith any subdivision law or ordinances.
Ordinance / 4
19.29.080 Duration of approval.
Pending completion of development, a MU rezone and final site plan shall be effective for
five years from the date of approval by the city council.An applicant who files a written
request with the city council at least 30 days before the expiration of said approval period
shall be granted a one-year extension upon showing that the applicant has attempted in
good faith to progress with the development of the project.
19.29.090 General Performance standards.
All development within this zone shall strictly comply with the following general
performance standards:
(1) Open Space and Recreation.(a) Areas zoned MU shallinclude common open space or
active recreation facilities for residential buildings as follows:
Tvne of dwellinz unit Outdoor Onen Space Active Recreation Facilitv
(a) Studio and one bedroom 90 square feet per unit 45 square feet per unit
(b)Two bedroom 130 square feet ner unit 65 square feet per unit
7C)Three or more bedroom 170 sauare feet ner unit 85 sauare feet per unit
Active recreation facilities may include, but are not limited to, exercise rooms,sport
courts,swimming pools, tennis courts, game rooms, or community center.Outdoor open
space shall not include areas devoted to, parking or vehicular access, and should be one
continuous tract.(b)Nothing herein shallprohibit voluntary agreements with the city that
allow a payment in lieu of providing on-site open space or recreation when a proposed
development is located within 1000 feet of an existing or proposed recreational facility.
(2)Vehicular Access and Traffic. (a) Each project shallbe limited to a maximum of two
points of vehicular access on anyone street unless it can be demonstrated that additional
points of vehicular access would not materiallyimpede the flow of traffic on the adjoining
streets.(b)Developments which provide both residential and nonresidential uses, may be
eligible for an appropriate traffic mitigation fee reduction. (c)Pedestrian access shall be a
priority in review of the vehicular access plan. (d) Access points on arterial streets shall be
coordinated with adjacent properties in order to limited the overall number of access
points.
(3)Pedestrian Access. All projects which contain multiple businesses and/or residential
uses shall provide an interconnecting pedestrian circulation system. When a proposed
development is on an established bus route, the applicant may be required to provide a bus
shelter.
(4)Parking.Off-street parking for residential and nonresidential uses shall comply with
MMC 19.36 for off-street parking. Off-street parking requirements are modified as
follows for developments which provide both residential and nonresidential uses: (a)No
less than one space for every 1000 square feet of nonresidential floor area shall be
provided;(b)For duplexes, triplexes, fourplexes, apartments, and condominiums one
Ordinance / 5
space per each studio or one bedroom dwelling unit, and one and one half space per each
two or more bedroom units.
(5) Lighting.Outdoor lighting shall not shine on adjacent properties,rotate or flash.
(6) Utilities. All new utility services and distribution lines shall be located underground.
(7) Sidewalks.Sidewalk width requirements shall be increased to a range of 7 to 10 feet
on streets designated as major pedestrian corridors.For sidewalk widths exceeding the
amount required in the City ofMarysville street standards,credit will be given on a square
footage basis for any dedication of the additional right-of-way.
(8) Sight distance requirements.Except for traffic control signs, the following sight
distance provisions shall apply to all intersections and site access points. (a) A sight
distance triangle area shall contain no fence, berm,vegetation,on-site vehicle parking
area, signs or other physical obstruction between 30 inches and eight feet above the
existing street grade. (b) The sight distance triangle at: (1) A street intersection shall be
determined by measuring 15 feet along both street property lines beginning at their point
of intersection.The third side of the triangle shall be a line connecting the endpoints of
the first two sides ofthe triangle; or (2) A site access point shall be determined by
measuring 15 feet along the street lines and 15 feet along the edges ofthe driveway
beginning at the respective points of intersection.The third side of each triangle shall be a
line connecting the endpoints of the first two sides of each triangle; and (C) The Planning
Director may require modification or removal of structures or landscaping located in re-
quired street setbacks,if; (1) Such improvements prevent adequate sight distance to
drivers entering or leaving a driveway, and, (2) No reasonable driveway relocation
alternative for an adjoining lot is feasible;
(9) Signs. Signs shall comply with the requirements ofMMC 16.16,provided that pole
signs are not allowed.
(10)Standards Incorporated by Reference. Unless specifically superseded by provisions of
this chapter,performance standards for residential and commercial development found
elsewhere in the Marysville Municipal Code shall apply to such developments in a MU
zone, including parking requirements,storm drainage requirements,sign regulations,and
noise regulations.
1929.100 General Design Requirements.All development within this zone shall strictly
comply with the following general design requirements.
(1)Townhomes and Apartments.A building that contains a grouping of attached
townhomes or apartment units shall not exceed a 120 foot maximum length without a
separation of at least 20 feet from other groupings or rows of townhomes or apartments.
(2)Vehicular access and parking location. (a) On sites abutting an alley,apartment and
townhome developments shall have parking areas placed to the rear of buildings with
primary vehicular access via the alley,except when waived by the Planning Director due to
physical site limitations. (b) When alley access is available, and provides adequate access
for the site, its use will be encouraged.(c) No more than 30 percent of the site street
frontage can be used for parking or driveways. (d)Direct parking space access to an alley
may be used for parking lots with five or fewer spaces.
(3)Building facade modulation. All new developments shall provide building facade
modulation on facades exceeding 30 feet in length. The following standards shall apply;
Ordinance I 6
(a) The maximum wall length without modulation shallbe 30 feet;(b)The minimum
modulation depth shall be three feet; and (c) The minimum modulation width shall be eight
feet; (d) Any other technique approved by the Planning Director that achieves the intent
of this section.
(4)Roofline variation. All new developments shallprovide roofline variation on rooflines
exceeding 30 feet according to the following standards; (a) The maximum rooflength
without variation shall be 30 feet; (b) The minimum horizontal or vertical offset shall be
three feet; (c) The minimum variation length shallbe eight feet; and (d)Roofline variation
shall be achieved using one or more of the following methods: (1) Vertical off-set in ridge
line; (2)Horizontal off-set in ridge line; (3) Variations of roof pitch; (4) Gables; (5) False
facades;or (6) Any other technique approved by the Planning Director that achieves the
intent of this section.
(5)Every use shall be subject to the pedestrian-oriented development standards outlined in
the comprehensive plan (e.g. placement and orientation of buildings with respect to streets
and sidewalks, the use of awnings or marquees, and the placement ofparking facilities).
19.29.110 General landscaping requirements. All development within this zone shall
strictly comply with the following general landscaping requirements.
(1)Landscaping materials and the maintenance thereof shall conform to and be installed in
accordance with the overall site development plan. Landscaping shallbe installed prior to
building occupancy,provided that the planning department may authorize up to a l20-day
delay where planting season conflicts would produce a high probability of plant loss.For the
maintenance and/or replacement of landscaped areas, a bond or assignment of funds shall be
required in an amount equal to 25%of the cost of the landscaping work,and for a minimum
duration of one year.
(2)Berms and walls for noise screening, may be required by the Hearing Examiner or
Planning Director in accordance with recommendations from a qualified sound consultant.
(3)Where a site has substantial numbers ofnative trees, site development shall be sensitive
to the preservation of such vegetation,including the root zone.Prior to any site work,
any trees which have been identified for preservation shallbe fenced at their drip lines.
(4)Residential structures within a project, shallbe buffered from commercial structures
and adjoining parking lots by use of vegetation,landscaping, fencing, walls,berms or other
similar methods which are deemed under the circumstances to create effective and
aesthetically pleasing screens or buffers between such diverse land uses.
(5)Except where specifically prohibited by the hearing examiner, the planning department,
concurrently with action on the final site plan, may waive or modify landscaping
requirements abutting residentially designated property where abutting residential uses will
not be adversely affected, and where existing physical improvements,physiographic
features or imminent changes in abutting land uses will render full compliance with said
requirements ineffective.If said requirements are waived,or width ofthe buffer reduced,
the planning division shall establish the minimumside and rear yard building setbacks from
residentially designated property.
(6)Descriptions of Screens and Landscaping Types. The following four basic types of
landscaping are hereby established and are used as the basis for Requirements set forth in
Table 2.
Ordinance I 7
(a) Opaque Screen, Type A. A screenthat isopaque fromthe ground to a height of at
least sixfeet, with intermittentvisualobstructionsfromthe opaque portion to a height of
at least 20 feet.An opaque screenisintendedto excludeallvisualcontact between uses
and to create a strong impression of spatial separation.The opaque screen maybe
composed of a wall,fence,landscaped earth berm,plantedvegetation, or existing
vegetation. Compliance of plantedvegetativescreensor naturalvegetation willbejudged
on the basis on the average matureheightand density offoliage ofthe subject species,or
fieldobservation of existingvegetation. The opaque portion of the screen must be opaque
in allseasons of the year. At maturity,the portion of intermittentvisualobstructions
should not contain anycompletelyunobstructedopeningsmorethan 10feet wide. The
portion of intermittentvisualobstructionsmaycontaindeciduousplants. Suggested
plantingpatterns that willachievethis standardare included in administrative guidelines
prepared by the PlanningDepartment.
(b) Semi-Opaque Screen,TypeB. A screenthat is opaque fromthe ground to a height of
three feet, with intermittentvisualobstructionfromabovethe opaque portion to a height
of at least 20 feet. The semi-opaquescreenisintendedto partiallyblock visual contact
between uses andto create a strong impression of the separation of spaces. The semi-
opaque screenmaybe composed of awall,fence,landscaped earth berm, planted
vegetation, or existingvegetation.compliance of plantedvegetativescreens or natural
vegetation willbejudged on the basis of the averagemature heightand density of foliage
of the subject species,or field observation of existing vegetation. At maturity,the portion
of intermittentvisualobstructionsshouldnot containanycompletelyunobstructed
openings more than 10 feet wide. The zone of intermittentvisualobstruction may contain
deciduous plants. Suggested planting patternswhichwillachievethis standard are
includedin administrative guidelines preparedbythe Planning Department.
(c) Broken Screen, Type C. A screencomposedof intermittentvisualobstructions from
the ground to a height of at least 20 feet. The broken screenisintendedto create the
impression of a separation of spaceswithout necessarily eliminating visualcontact
between the spaces.It maybe composed of a wall,fence,landscapedearth berm, planted
vegetation, or existingvegetation.Compliance of plantedvegetative screens or natural
vegetation willbejudged on the basisofthe averagematureheightand density of foliage
of the subject species,or field observationof existing vegetation. The screen may contain
deciduous plants. Suggestedplantingpatternswhichwillachievethis standard are
includedin administrative guidelines preparedbythe Planning Department.
(d) Parking area landscaping,TypeD.Landscaping that providesshade and visualrelief
while maintaining clear sightlineswithinparkingareas. Plantingareas should contain a
mixture of coniferous and deciduoustrees, shrubsandgroundcover in plantingislandsor
strips havingan area of at least 75 squarefeet and narrow dimension of no less than four
feet. Suggested plantingpatternswhichwillachievethis standard are includedin
administrativeguidelinespreparedbythe Planning Department.
(e) The screeningand landscaping requirements set forth inthis section maybe interpreted
with some flexibility bythe Planning Director inthe enforcement of the standards.It is
recognizedthat because of the widevariety of developments andthe relationshipsbetween
them, it is neither possiblenor prudentto establish inflexible screeningrequirements.
Therefore, minordeviationsmaybe grantedto allowless intensive screening,or
Ordinance I 8
requirements for more intensive screening may be imposed,whenever such deviations are
more likely to satisfy the intent of this section.
(7) Table 1 indicates the type and width of required buffers and landscaping by use.
TABLE 1 Width of buffer Type of buffer
buttingproperties designated single familyby the Marysville
20'A
omprehensive Plan.
butting properties designated Multiple Family by the Marysville
10'B
omprehensive Plan. *
etween public right-of-way or private access roads and parking
10'C
reas.
etween public arterial right-of-way and parking areas.20'C
utside storage or waste area.5'A**
* Mixed use developments WIth commercial uses.
** Or a six foot solid fence or concrete wall.
(8)Landscaping Requirements for Parking and Outdoor Display Areas.
(a)Parking areas, or outdoor storage areas fronting on a street right-of-way shall provide
a landscaped buffer, in accordance with Table 1,along the entire street frontage except
for driveways, provided, that the plantings shall not obstruct the sight distance at street
intersections;
(b)Additional plantings may be placed on street rights-of-way behind the sidewalk line if
the property owner provides the city with a written release ofliability for damages which
may be incurred to the planting area from any public use or right-of-way;
(c) Ten percent of the parking area shallbe landscaped with Type D landscaping,
provided,that:
(1)No parking stall shallbe located more than 45 feet from a landscaped area;
(2) All landscaping must be located between parking stalls, at the end of parking columns,
or between stalls and the property line. No landscaping which occurs between the parking
lot and a building or recreation area shallbe considered inthe satisfaction of these
requirements;
(3)Parking lots containing less than 20 parking spaces need provide only perimeter
screening to satisfy the 10 percent area requirements.
(d) All landscaped areas shallbe protected from vehicle damage by a six-inch protective
curbing and,if necessary, wheel blocks.
(e)The landscaping requirements of this section may be modified if a development is
located in an area where a special streetscape plan has been approved by the city.
Ordinance I 9
(9)Landscaping -Plan Required. A scaled site plan shallbe submitted as part of
application for a building permit. Said site plan shallinclude:
(a)Designation and dimensions of alluse areas within the lot;
(b)Boundaries and dimensions of alllandscape areas including location and common
names of all landscape elements;
(c) Area, in square feet of individualand collective landscape areas;
(d)Location of screening, where required;
(e)Method of irrigation,if applicable.
(f)Location of outdoor storage area,if applicable;
(g)Location of driveways.
(10)Landscaping - Maintenance.
(a) All landscaped areas and plants required by this chapter must be permanently
maintained in a healthy growing condition in order to accomplish the purpose for which it
was required.
(b)Dead or diseased plants must be replaced within 30 days of notification,or as soon
as practical in regard to freezing weather, or complex situations involving the removal and
replacement oflarge trees.
(c) All landscaped areas must be kept free of debris and weeds.
(d)Plant material must not interfere with public utilities, restrict pedestrian or
vehicular access,or constitute a traffic hazard.
(e) The owners, their agents and assigns, are responsible for providing protecting,and
maintaining all landscaping material in a healthy and growing condition, replacing it when
necessary, and keeping it free of refuse and debris.
(f)All fencing, walls and other features used for screening purposes shall be kept free
oflitter,debris, and weeds.
(11)Landscaping - alternative options.
The following alternative landscape options may be allowed only ifthey accomplish equal
or better levels of screening and are subject to City approval.
(1) When the total area for required landscaping, and that within the dripline of retained
trees exceeds 15 percent of the area of the site, the landscaping requirement may be
reduced so that the total required landscape and tree retention area will not exceed 15 .
percent of site area;
(2) The width of the perimeter landscape strip may be reduced up to 25 percent along any
portion where: (1) Berms at least 3 feet in height or architectural barriers at least six feet
in height are incorporated into the landscape design; and (2) The landscape materials are
incorporated elsewhere on-site;
(3) When an existing structure precludes installation of the total amount of required site
perimeter landscaping, such landscaping material shallbe incorporated on another portion
of the site;
(4) The width of any required perimeter landscaping may be averaged,provided the
minimum width is not less than 5 feet.
(5) The width of the perimeter landscaping may be reduced up to 10 percent when a
development retains 10 percent of significanttrees or 10 significant trees per acre on-site
whichever is greater;
Ordinance / 10
(6) The landscaping requirement may be modified when existing conditions on or adjacent
to the site,such as significant topographic differences,vegetation,structures or utilities
would render application of this chapter ineffective or result in scenic view obstruction;
(7)Street perimeter landscaping may be waived provided a site plan, is approved that
provides a significant amount of street trees and other pedestrian-related amenities.
19.29.120 Densities and Dimensions.
(a)Bulk and dimensional requirements. In consideration for the health,safety and general
welfare ofthe citizenry, bulk, dimensional and general requirements for the Mixed Use
zone are established in the following table.If a number appears in parenthesis next to an
item in the table,additional specific conditions indicated in the development conditions
with the corresponding number immediately following the table shall apply.
TABLE 2 -Bulk and dimensional requirements (I).Commercial Multi-family
Minimum Street Building Setback None (2) 20 ft (3)
Minimum Interior Setback 20 ft (4)10 ft (5)
Base Height (6)45/85 ft 45/85 ft
Maximum Impervious Surface:Percentage 85% 75%
Base Density:Dwelling Unit/Acre -28 dulac
.Maximum Density:Dwelling UnitlAcre -34 dulac (7)
19.29.120(b)DEVELOPMENT CONDITIONS.
(1)Reduced building setbacks and height requirements may be approved on a case-by-case
basis to provide flexibilityfor innovative development plans,provided that variances
requests which are greater than ten percent of the required setback shall be considered
by the Hearing Examiner.
(2)Subject to sight distance review at driveways and street intersections.
(3) This 20 foot setback is only required outside of the downtown portion of Planning
Area 1.
(4) 20 foot setback only required on property lines adjoining residentially designated
property,otherwise no specific interior setback requirement.
(5) 10 foot setback only required on property lines adjoining single family residentially
designated property,otherwise the minimum setback is 5 feet.
(6)45'height limit applies to mixed use areas that are adjacent to properties designated
Single Family Residential in the MarysvilleComprehensive Plan.
(7) (a)
Ordinance / 11
These densities may only be achieved in the downtown portion of Planning Area 1
through the application of the following residential density incentives:
1.Benefit units consisting of rental housing
1.5 bonus units per benefit unit, up to a
permanently priced to serve non-elderly low-maximum of 30 low-income units per five
income households (i.e. no greater than 30 acres of site area;projects on sites ofless than
percent of gross income for households at or
five acres shallbe limited to 30 low-income
below 50 percent of Snohomish County median units.
income,adjusted for household size). A
covenant on the site that specifies the income
level being served, rent levels and requirements
for reporting to the City shallbe recorded at
final approval.
2.Benefit units consisting of rental housing 1.5 bonus units per benefit unit, up to a
designed and permanently priced to serve low-maximum of 60 low-income units per five
income senior citizens (i.e. no greater than 30 acres of site area;projects on sites ofless than
percent of gross income for 1 or 2-person five acres shallbe limited to 60 low-income
households,1 member of which is 62 years of units.
age or older, with incomes at or below 50
percent of Snohomish County median income,
adjusted for household size). A covenant on
the site that specifies the income level being
served, rent levels and requirements for
reporting to City of Marysville shallbe re-
corded at final approval.
3.Benefit units that incorporate conservation
features in the construction of all on-site
dwelling units heated by electricity that save at 0.15 bonus unit per benefit unit that achieves
least 20 percent of space heat energy use from the required savings.
the maximum permitted by the Northwest
Energy Code, as amended. No more than 50
percent of the required savings may result from
the installation of heat pumps.None of the
required savings shall be achieved by reduc-
tion of glazing area below 15 percent of floor
area.Energy use shall be expressed as
allowable energy load per square foot or as
total transmittance (UA).
Ordinance /12
4.Benefit units that incorporate conservation 0.10 bonus unit per benefit unit that achieves
features in the construction of all on-site the required savings.
dwelling units heated by natural gas, or other
non-electric heat source, that save at least 25
percent of space heat energy use from the
maximum permitted by the Northwest Energy
Code,as amended.None of the required
savings shall be achieved by reduction of
glazing area below 15 percent of floor area.
Energy use shallbe expressed as allowable
energy load per square foot or as total trans-
mittance (UA).
5.Mixed use developments over one acre in 10 percent increase above the base density of
size having a combination of commercial and the zone.
residential uses.
6.Developments located within 1/4 mile of 10 percent increase above the base density of
transit routes,and within one mile of fire and the zone.
police stations, medical, shopping, and other
.community services.
7.Developments providing land or facilities 10 percent increase above the base density of
for public schools, parks or other public uses. the zone.
8.Developments which provide exceptional 10 percent increase above the base density of
provisions for private recreational features the zone.
such as tennis courts, active play areas,
swimming pools, bicycle and pedestrian
pathway systems beyond those required by
minimum requirements.
(b)The total dwelling units permitted through residential density incentive review shall be
calculated using the following steps:
1.Calculate the number of dwellings permitted by the base density of the site in
accordance with Table 2;
2.Calculate the total number of bonus dwelling units earned by providing the public
benefits listed above;
3. Add the number of bonus dwelling units earned to the number of dwelling units
permitted by the base density;
4.Round fractional dwelling units to the nearest whole number; .49 or less dwelling units
are rounded down.
19.29.130 Maintenance of open space, landscaping and common facilities. The owner of
the property,its heirs,successors and assigns, shallbe responsible for the preservation and
maintenance of all open space, parking areas, walkways, landscaping, fences and common
facilities, in perpetuity,at a minimum standard at least equal to that required by the city,
and approved by the planning director, at the time of initialoccupancy.
19.29.140 Permitted uses. The following uses shallbe permitted in the Mixed Use zone:
Ordinance I 13
(1)Residential. Triplexes, fourplexes, apartments, and condominiums.For purposes of
this subsection,density calculations shallbe based upon the entire area of a site.
(2)Commercial use matrix.
(a)If the letter "P"appears in the box to the right of the use, the use is allowed subject to
the general requirements of this chapter.
(b)If the letter "C"appears in the box to the right of the use, the use is allowed subject to the
conditional use review procedures specified inMMC 19.44 and the general requirements of the
code.
(c)If a number appears in the box to the right of the use,together with a letter,the use may
be allowed subject to the general requirements of the code and the specific conditions
indicated in the development condition with the corresponding number immediately following
the land use table.
(d)If a proposed use is not specificallylisted inthe use matrix, the Planning Director shall
determine whether it closely fits another listed use. Any use which is determined not to fit
anywhere else shall not be permitted.
RETAIL SALES.
Book,gift, and stationerv stores P
Candv retail outlet P
Convenience stores P
Drug stores,P
Flower shops,greenhouses,lath houses and nurseries,P
Garden supply stores,P
Grocerv stores,(5000 so.zft.or less)P
Hardware stores,P
Pet shops,P
Produce stands C
Restaurants,delicatessens and bakeries,(4000 sc.rft. or less)PI
Retail trade of personal and household items,P
Taverns C
Variety stores and gift shops,P
Video stores;.P
OFFICE AND PERSONAL SERVICE.
Bank branches or satellites PI
Barber,beauty and personal service shops,P
Business and professional offices,P
Conference Center P
Hotels and motels,P
Real estate offices,P
CULTURAL,EDUCATIONAL AND RECREATIONAL.
Galleries P
Bowling alleys,P
Churches,synagogues,and temples P
Club and fraternal organizations,C
Ordinance / 14
Dancing,music and art centers,P
Ice or roller rinks,P
Libraries,P
Museum P
Recreation and physical fitness facilities,C
Theaters,P
SERVICE.
Appliance repair shops,P
Catering establishments,P
Copying services,P
Dry cleaning pick-up stations and retail service
PI
Interior decorating services;P
Laundromats P
Locksmiths,P
Photographic processing shops,PI
Shoe repair,P
PERSONAL SERVICES.
Day care centers P
Funeral Home/Crematory P2
Rest homes,retirement centers,convalescent centers and nursing homes,C
Social Services P
EDUCATION SERVICES.
Colleze/Universitv P
HEALTH SERVICES.
Hospital C
MedicallDental Lab P
Miscellaneous Health P
Office/Outpatient Clinic P
Preschool P
School District Support Facility P
Specialized Instruction School P3
Veterinary Clinics P
Vocational School P3
GOVERNMENT SERVICES.
Court P
Fire Facility P
Jail C
Police Facility P
Private Stormwater Management Facility P4
Public agency archives P
Public agency or utility office P
Public Agency Training Facility CS
Public transportation shelter stations P
Ordinance / 15
Utility Facility C
BUSINESS SERVICES.
Commercial Accessorv Uses P
Communication Offices P
Computer and Office Equipment sales and service P
Construction and Trade offices P6
General Business Service and offices P
Measuring and Controlling Instruments C
Miscellaneous Equipment Rental P6
Printing and Publishing P7
Courier Service P
DEVELOPMENT CONDITIONS.
1 Drive through service windows in excess of one lane are prohibited in Planning Area
1.
2.Limited to columbariums accessory to a church provided that existing required
landscaping and parking are not reduced.
3. All instruction must be within an enclosed structure.
4.Such facilities which are not located on the lot they are designed to serve shall be
located on a lot with the same or more intensive zoning designation.
5.Except weapons armories and outdoor shooting ranges.
6.No outdoor storage,including vehicles.
7.Limited to photocopying and printing services offered to the general public.
Section 3. Severability.If any section, subsection, sentence,·clause,phrase or
word of this ordinance should be
held to be invalid or unconstitutional by a court of
competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection,sentence,clause,phrase or
word of this ordinance.
Section 4.No Duty Created.
A.It is the purpose of this chapter to provide for the health,welfare and
safety 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 chapter. No provision or term used in this chapter is
intended to impose any duty whatsoever upon the City or any of its officers,agents or .
employees for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
Ordinance / 16
B.Nothing contained in this chapter is intended to be,nor shall be
construed to create or form the basis for, any liability on the part of the City or its officers,
agents and employees for any injury or damage resulting from the failure of any premises
to abate a nuisance or to comply with the provisions ofthis chapter or be a reason or a
consequence of any inspection,notice or order,in connection with the implementation or
enforcement of this chapter,or by reason of any action of the City related in any manner
to enforcement of this chapter by its officer,agents or employees.
PASSED by the City Council and APPROVED by the Mayor this ~day of
eJdvbe",1996.
CITY OF MARYSVILLE
ATTEST:
'y 2&fidJ-,..~
CITY CLERK
APPROVED AS TO FORM:
By /J~k.LJ.neO
>CITY ATTORNEY
Date of Publication:_-'---'-'-'--'-"'--_
By {kJ !JJ44£4
MAYOR
Effective Date (5 days after publication):
Ordinance I 17
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