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HomeMy WebLinkAboutO-2183 - Amends comprehensive plan and Sec. 12.02.090, driveways (Repealed by 2724)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2/g"5 AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING A CITY-WIDE ACCESS MANAGEMENT PLAN AND AN ACCESS MANAGEMENT PLAN FOR THE 88TH STREET CORRIDOR FROM 1-5 TO STATE AVENUE, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADOPTING SAID ACCESS MANAGEMENT PLANS BY REFERENCE,AND AMENDING MMC 12.02.090. WHEREAS,the City Council,based upon the study and recommendations of City staff,its consulting engineer and the Planning Commission,find that a City-wide Access Management Plan which establishes general standards for road and driveway access onto arterial streets within the City limits is in the best interest of the health,safety and welfare of the public;and WHEREAS,the City Council of the City of Marysville find that the 88th Street corridor between Interstate 5 and State Avenue is a rapidly developing area,in part due to the recent completion of an interchange at 88th Street and Interstate 5,and as a result,an Access Management Plan for the 88th Street corridor is needed;and WHEREAS,as part of its recently-adopted Comprehensive Land Use Plan,the City Council directed that an Access Managemetn Plan for the 88thg Street corridor be developed; and WHEREAS,the City Council of the City of Marysville find that an Access Management Plan as developed by City staff, the consulting engineer and Planning Commission is necessary, appropriate and beneficial to the public health,safety and welfare;and WHEREAS,on December 9,1997,January 13,1998 and January 27,1998 the Marysville Planning Commission held public workshops to consider and study the City-wide Access Management Plan proposal and the 88th Street corridor proposal.Public notice was provided to affected property owners prior to said workshops and said workshops were well attended by affected parties;and WHEREAS,on February 2,1998 the Marysville Planning Commission held a public hearing to receive public testimony ORDINANCE - 1 Imv/access.ord for the City-wide Access Management Plan and the 88th Street corridor Access Management Plan;and WHEREAS,a review of recent traffic counts reflect that the 88th Street interchange is the second busiest interchange within the City,second only to the 4th Street interchange; and WHEREAS,the proposed City-wide Access Management Plan and 88th Street corridor Access Management Plan were routed to Snohomish County Public Works and WSDOT for review and comment;and WHEREAS,on February 23,1997 (1998?)the Marysville City Council held a public meeting to consider the proposed City-wide Access Management Plan and the 88th Street corridor Access Management Plan as recommended by the Marysville Planning Commission;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The "Marysville Access Management Plan Study"dated February 1998 prepared by Perteet Engineering, Inc.and recommended by the Marysville Planning Commission is hereby adopted by this reference as an appendix to the Marysville Comprehensive Plan as adopted in Ordinance No.2068 as adopted on April 1,1996. Section 2.The "88th Street N.E.Access Management Plan Study"dated February 1998 prepared by Perteet Engineering, Inc.and recommended by the Marysville Planning Commission is hereby adopted by this reference as an appendix to the Marysville Comprehensive Plan as adopted in Ordinance No. 2068 as adopted on April 1,1996. Section 3.MMC 12.02.090 is hereby amended to read as follows: 12.02.090 Driveways.Driveways shall be not less than 12 feet nor more than 30 feet in width for residential uses,and 30 feet minimum and 40 foot maximum for commercial/industrial uses,and the cumulative width of driveways shall not exceed 30 percent of the street frontage of any lot; provided,that the city engineer may waive these requirements at the time of issuing a driveway permit if such a waiver is determined to be in the public interest.Any portion of driveways constructed on public right-of-way shall be a ORDINANCE - 2 /mv/access.ord minimum of six inches thick,and shall conform to the APWA Standard Specifications.Where driveways are constructed over an existing drainage ditch,a culvert shall be installed.The size of the culvert shall be determined by the city engineer.Any determination of the city engineer with respect to driveways may be appealed to the Hearing Examiner by following the procedures in MMC 15.11.Driveway access locations for street arterials shall be subject to the City's Access Management Plans as adopted in the City's Comprehensive Plan. Section 4.No Special Duty Created. a.It is the purpose of this ordinance 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 benefitted by the terms of this ordinance.No provision or term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers,elected officials,agents or employees for whom the implementation or enforcement of this ordinance shall be discretionary and not mandatory. b.Nothing contained in this ordinance 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 of this ordinance or be a reason or a consequence of any inspection,notice or order,in connection with the implementation or enforcement of this ordinance,or by reason of any action of the City related in any manner to enforcement of this ordinance by its officer,agents or employees. Section 5.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. ORDINANCE -3 /mv/access.ord PASSED by the City Council and APPROVED by the Mayor this ;;.3NP'day of March,1998. CITY ~YSV'LLE By ~u)Mf MAYOR ATTEST: BY~m Approved as to form: CLERK BY~,c~~CITY ATTORNEY Date of Publication:..3-c25"-5't Effective Date (5 days after publication):.2-30 -9cJY ORDINANCE - 4 Imv/access.ord