HomeMy WebLinkAboutO-2527 - Amends Sec. 20.12.120, 20.24.070, 20.24.160 and 20.48.050; repeals Sec. 20.24.290, subdivisions (Repealed by 2852)t ;t-.,r"
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.~$'J..7
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING
CHAPTER 20 OFTHE MARYSVILLE MUNICIPAL CODE,20.12.120,
20.24.070,20.24.160,20.48.050;AND 20.24.290 IS REPEALED.
WHEREAS,the State Growth Management Act,Chapter 36.70A,RCW mandates that
cities periodically review and amend development regulations which include but are not
limited to zoning ordinances and official controls; and
WHEREAS,RCW 36.70A.l 06 requires the processing of amendments to the City's
development regulations in the same manner as the original adoption of the City's
comprehensive plan and development regulations;and
WHEREAS,the State Growth Management Act requires notice and broad public
participation when adopting or amending the City's comprehensive plan and development
regulations;and
WHEREAS,the City, in reviewing and amending its zoning code and development
regulations has complied with the notice,public participation and processing requirements
established by the Growth Management Act, as more fully described below; and
WHEREAS,the City Council of the City of Marysville does find that from time to
time it is necessary and appropriate to review and revise provisions of the City's Development
Code Administration (Title 15 MMC) the City's zoning code (Title 19 MMC) and the City's
subdivision code (Title 20 MMC); and
WHEREAS,following a comprehensive review of the above-referenced City codes by
City staff, the Marysville Planning Commission held public workshops on March 23, 2004
and April 13, 2004; and
WHEREAS,after providing notice to the public as required by law, on April 27, 2004
the Marysville Planning Commission held a public hearing on proposed changes to the City's
zoning and subdivision codes and received public input and comment on said proposed
revisions; and
WHEREAS,at a public workshop on June 7,2004 the Marysville City Council
reviewed amendments proposed by the Marysville Planning Commission to Titles 15, Title 19
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and 20 MMC and also heard comments from the public concerning the Planning Commission
recommendation at a public meeting on June 14, 2004;
NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Marysville Municipal Code Chapter 20.12.120 is hereby amended to read
as follows:
20.12.120 Limitations on Approval.
Final subdivision approval must be acquired within five years of preliminary approval, after
which time the preliminary subdivision approval is void. The five-year time frame shall
commence from the effective date of the ordinance or resolution approving the subdivision.An
extension may be granted by the city council for one year if the applicant has attempted in good
faith to submit the final plat within the five-year time period;provided,however, the applicant
must file a written request with the city council requesting the extension at least 30 days before
expiration of the five-year period. (Ord. 2090, 1996; Ord. 1986, 1994).
Section 2.Marysville Municipal Code Chapter 20.24.070 is hereby amended to read as
follows:
20.24.070 Landscaping requirements.
Landscaping shall be in conformance with Chapter 19.16.MMC,Development Standards -
Landscaping;provided,that for all new divisions ofland,the applicant shall provide a
landscape/reforestation plan that will include,but not be limited to, the following:
(1) Street trees spaced 40 feet on center.Street trees shall be a minimum of one and
one-half inches in caliper and six to eight feet high at the time of planting.Tree species
should be selected from the city's recommended street tree listing in the administrative
landscape guidelines.Placement of street trees and treatment of the planting strip shall
be subject to the street tree standards set forth in the Engineering Design and
Development Standards,Section 3-504, Street Trees and Landscaping,and Standard
Plan 3-504-001.
(2) Yard trees at a rate of two per lot. Yard trees shall include at least one evergreen
tree which is native to the Northwest region. Yard trees shall be a minimum of one and
one-quarter inches in caliper and six to eight feet high for deciduous,and six feet high
for evergreens.Lots that include retained trees will not be required to provide yard trees.
(3)Where it is not feasible and/or desirable to plant the required lot trees, the applicant
shall pay into the city tree fund an amount of money approximating the current market
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value of the trees, as well as labor costs for installation of said trees, that would
otherwise be required.The city shall use the city tree fund for the purpose of acquiring,
maintaining,and preserving wooded areas, and for planting and maintaining trees within
the city.
(4)Significant trees,which include evergreen trees eight inches in diameter or greater
and/or deciduous trees 12 inches in diameter or greater measured four and one-half feet
above grade, shall be retained as follows:
(a)Perimeter landscaped areas that do not constitute a safety hazard shall be
retained.
(b)At the discretion of the Community Development Director the applicant shall
be required to hire a certified arborist to evaluate trees proposed for retention,
including those located within NGPA tracts (specifically along the fringes) or other
areas as identified.The arborist shall make a written recommendation to the
Community Development Department with regards to the treatment of the treed
area.In the event of an immediate hazard,this requirement shall be waived.
(c) To provide the best protection for significant trees during the construction
stage, the applicant shall install a temporary,five-foot high,orange clearing limits
construction fence in a line generally corresponding to the drip line of any
significant tree(s) to be retained.All such fencing shall be installed and inspected
by the Community Development Department prior to commencement of site work.
(d) At the discretion and approval of the Community Development Director,
where it is not feasible and/or desirable to retain the significant trees, the applicant
may propose a planting plan on an alternative site or area, or payment into the city
tree fund, that provides effective replacement of the functions and/or value lost
through removal of the significant trees.
Section 3.Marysville Municipal Code Chapter 20.24.160 is hereby amended to read as
follows:
20.24.160 Lot requirements.
(1)Lot arrangement shallberelatedtothe natural features of the siteandprovidea suitablebuildingsite
and driveway accessfromexistingorproposed streets.
(2)Double-frontage lotsshallbe avoided whenever possible.
(3) Lots shall not,in general,access off of arterials.Where driveways access from a street may be
necessary for several adjoining lots, the city may requirethat such lots be servedby combined access
pointsand driveways designed or arranged soas toavoid requiring vehicles tobackinto traffic.
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(4) Residential lots must have a front yard setback orientation toward the public street or easement
access.
(5)Interiorlot lines shouldbe composed of straightlines.
(6) Residential lots shall maintain the minimum setback requirementsas specified by the city's zoning
ordinance, unless shown otherwise on the final plat or short plat, as a building site. In no case shall the
city staff or the hearing examiner grant a deviation from the setback requirementon an exterior lot line
on abuttingpropertyunder separate ownership without followingtheprocedure ofMMC 20.32.010.
(7)Residentiallots shallmaintaina minimumlotwidth as requiredbythe city's zoningordinance.
(8) Panhandle-shapedlots shall onlybe permitted ina residentialsubdivisionand shortsubdivisionif the
followingare met:
(a) The minimumwidth of the minoraccessportion shall be 20 feet;
(b)The computations for complying with the zoning code minimum lot size shall not include
the minor portion of a panhandle-shapedlot;
(c) No panhandle-shaped lot shall be permitted in short subdivisions where the ownership is
commonwitha contiguousproperty;
(d) Side-by-sidepanhandlesin subdivisionsare not permitted;
(e) No panhandle-shaped lot will be permitted if there is a potential for additional
development,unless adequate area is left for thefuture developmentpotential;and
(f)All panhandle access drives shall comply with easement access standards, including type
of units allowedand improvementsrequired.(Ord. 1986, 1994).
Section 4.Marysville Municipal Code Chapter 20.24.290,Model Homes is hereby
repealed.
Section 20.24.290,Model homes,which was replaced by 19.08.060 through Ordinance 2131 in
1997 is herby repealed.
Section 5.Marysville Municipal Code Chapter 20.48.050 is amended to read
as follows.
20.48.050 Time limitation for action.
The applicant must complete all conditions of preliminary approval within three years following
the date of preliminary approval,after which time the preliminary approval is void. An extension
may be granted by the planning department for one year if the applicant has attempted in good
faith to complete the requirements of preliminary approval within the original time period;
provided,however,the applicant must file a written request with the planning department
requesting the extension at least 30 days prior to the expiration of the original time period.If the
binding site plan was approved through the public review process this extension request must be
made to the city council.(Ord. 1986, 1994).
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Section 6 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.
-r:PASSED by the City Council and APPROVED by the Mayor this !'f-t><\day of
....J~,2004.
CITY OF MARYSVILLE
By~L JiJJI
Dennis L.Kendall, Mayor
ATIEST:
R, City Clerk
Approved as to form:
By ~K-(.In--/J
GRANT K.WEED, City Attorney
Date of Publication:(.,./ft,. ()'f-
Effective Date (5 days after publication):&,•2./.~'f
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