HomeMy WebLinkAboutO-2662 - Amends Sec. 19.08.030, 19.14.020, 19.14.095, Chs. 19.26 and 20.44, Sec. 20.48.030, 20.52.020 and 20.56.120; repeals and replaces Ch. 19.48, development regulations (Repealed by 2852)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2-&&'2--
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
AMENDING THE CITY'S DEVELOPMENT REGULATIONS RELATED
TO PLANNED RESIDENTIAL DEVELOPMENTS,SMALL LOT
STANDARDS,RESIDENTIAL PERMITTED USES, AND BINDING SITE
PLANS AND AMENDING CHAPTERS 19.08,19.14,19.26,19.48,20.44,20.48,
20.52,AND 20.56 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS,the City Council of the City of Marysville finds that from time to time it is
necessary and appropriate to review and revise the City's development regulations, such as those set
forth in the City's Zoning Code (Title 19 MMC) and Subdivision Ordinance (Title 20 MMC); and
WHEREAS,the City's Planning Commission and professional planning staff are
recommending that the City's development regulations related to planned residential developments,
binding site plans, and small lot development standards need to be significantly revised and updated
in order to encourage developers to utilize more flexibleland use development approaches,which
can result in projects that accomplish the goals of the Comprehensive Plan and that further the
public interest of the City and its citizens;and
WHEREAS,the City's Planning Commission and professional planning staff are also
recommending that the City's development regulations need to be amended to more clearly provide
regulations addressing developments with more than one single family detached or duplex dwelling
on a single lot,which amendment is necessary in order to avoid the potential for developments that
use condominium schemes to controvert the intent of the State and City subdivision regulations to
the detriment of the public health,safety, and welfare;and
WHEREAS,the amendments proposed for adoption in this ordinance are consistent with the
following required fmdings of MMC 19.56.030:
(1)The amendments are consistent with the purposes of the comprehensive plan;
(2)The amendments are consistent with the purpose of Title 19 MMC;
(3)There have been significant changes in the circumstances to warrant a change;
(4)The benefit or cost to the public health, safety and welfare is sufficient to warrant the action;
and
WHEREAS,the Planning Commission discussed the above-referenced amendments during
public meetings February 14; March 28; April 25; May 23;June 13 and 27;July 11 and 25; and
September 12, 2006; and
WHEREAS,after providing notice to the public as required by law,on June 27,July 25, and
September 12, 2006,_the Marysville Planning Commission held a Public Hearing on proposed
changes to the City's development regulations; and
WHEREAS,at a public meeting on October 9, 2006, the "Marysville City Council reviewed and
considered the amendments to the City's development regulations proposed by the Marysville
"Planning Commission;and
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WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Community, Trade, and Economic Development as
required byRCW 36.70A.l06;and
WHEREAS, the City has complied with the requirements of the State Environmental Policy
Act,Ch.43.2l C RCW, (SEPA) by adopting a determination of non-significance for the adoption of
the proposed revisions to the City's development regulations;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1:Chapter 19.08 MMC is hereby amended by amending MMC 19.08.030 to read as
follows:
19.08.030 Residential land uses.
(1)Table.
Specific Land Use
RU R4.5-R 12-NB CB GC DC MU BP LI GI P/I
8 28
Dwelling Units, Types:
Single detached (22) P18 P18 P18
Duplex (22)P PllC P
Townhouse P3 P P17 P
Multiple-family P C9 P9, P9, P9,PC15 C15 P17
Mobile home P19 P19,P19 P19 P19
P19 P19 P19 P19 P19 P19
C3
Mobile home park C C14, P P
Senior citizen assisted C2 C2 P C P
Factory-built Pl0 Pl0 Pl0
Guesthouse P6
Caretaker's quarters (8)P P P P P P
P
Group Residences:
Adult family home P P P P P P P P P
Convalescent,nursing,C2 C2 C P P P P
P
retirement
Residential care facility P P P P P P P P P
Accessory Uses:
Residential accessory uses (1)P P P(12) (16)
Home occupation (5) P P P20 P20
P20, P20, P20,P20,P21 P21 P21P21 P21 P21 P21
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(2)Development Conditions.
1.Accessory dwelling units must comply with development standards in Chapter 19.34 MMC,
Accessory Dwelling Units.
2. Limited to three residents per the equivalent of each minimum lot size or dwelling units per acre
allowed in the zone in which it is located.
3. Only as part of a PRD development proposal,and subject to the same density as the underlying
zone.
4. Bed and breakfast guesthouses and inns are subject to the requirements and standards contained
in Chapter 19.36 MMC, Bed and Breakfasts.
5.Home occupations are subject to the requirements and standards contained in Chapter 19.32
MMC,Home Occupations.
6. a.Guesthouses are not to be used as rental units or as a bed and breakfast;
b. Only one guesthouse may be permitted per lot; and
c. Each guesthouse shall be sited so that future division of the property willallow each structure to
meet all bulk and dimensional requirements for the zone in which it is located.
7. a.There shall be accommodations for no more than two persons.
b. The accommodations shall be locared within the primary residence.
8. Limited to one dwelling unit for the purposes of providing on-site service and security of a
commercial or industrial business.
9. All units must be located above a street level commercial use.
10. a. A factory-built house must be inspected at least two times at the factory by the State Building
Inspector during the construction process,and must receive an approval certifying that it meets all
requirements of the Uniform Building Code.At the building site the city building official will
conduct foundation,plumbing and final inspections.
b. A factory-built house cannot be attached to a metal frame allowing it to be mobile. All such
structures must be placed on a permanent foundation at the building site.
11.Permitted outright in the R-8 and R-6.5 zones on minimum 7,200 square foot lots. A conditional
use permit is required for the R-4.5 zone, and the minimum lot size must be 12,500 square feet.
Duplexes must comply with the comprehensive plan density requirements for the underlying land
use designation.
12. a. A garage sale shall comply with the following standards:
i.No residential premises shall have more than two such sales per year and no such sale shall
continue for more than six days within a IS-day period.
ii.Signs advertising such sales shall not be attached to any public structures,signs or traffic control
devices, nor to any utility poles. All such signs shall be removed 24 hours after the sale is completed.
b. A garage sale complying with the above conditions shallbe considered as being an allowable
accessory use to all residential land uses. A garage sale violating one or more of the above conditions
shall be considered as being a commercial use and will be disallowed unless it complies with all
requirements affecting commercial uses.
13. Limited to the R-6.5 and R-8 zones only.
14. A conditional use permit is required in the low density multiple-family zone.
Temporary Lodging:
Hotel/Motel P P P P P P P P
Bed and breakfast guesthouse C C13 P
(4)
Bed and breakfast inn (4)C P P P P..
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15. Twenty percent of the units,but no more than two total units, may be located on the street level
of a commercial use,if conditional use permit approval is obtained and the units are designed
exclusively for ADA accessibility.The street level units shall be designed so that the units are not
located on the street front and primary access is towards the rear of the building.
16. a. Accessory buildings or uses may not be established until the principal building or buildings are
constructed on the property.
b. A detached garage,carport or other permitted accessory building may be located in the rear yard,
provided:
i.Not more than 50 percent of the required rear setback area is covered;and
ii.Accessory building(s)located within rear setback areas shall have a minimum interior side setback
of five feet, or 10 feet on the £Ianking street of a comer lot, and a minimum rear setback of five feet;
and
iii.Vehicle access points from garages,carports,fenced parking areas or other accessory building(s),
the entrance of which faces the rear lot line, shall not be located within 10 feet from the rear lot line,
except where the accessory building(s)entrance faces an alleywith a right-of-way width of 10 feet, in
which case the accessory building(s) shall not be located within 20 feet from the rear lot line; and
iv.Detached accessory buildings exceeding one story shall provide the minimum required yard
setbacks for principal buildings in the zone; and
v. An accessory building,which is located in the rear setback area, may be attached to the principal
building;provided,that no portion of the principal building is located within the required yard
setbacks for principal buildings in the zone.
c.A detached garage,carport or other permitted accessory building may be located in the front or
side yard only if the applicant demonstrates,to the satisfaction of the community development
director,that the following conditions can be met:
i.Accessory buildings that are located in the front or side yard shall not compromise the integrity of
the residential neighborhood in which it is proposed to be located,and shall be subject to,but not
limited to, the following development standards:
A.The architectural character of the principal building shall be preserved;and
B.The accessory building shall have a roof pitch similar to the primary building and have siding and
roofing materials similar to or compatible with those used on the primary building.No metal siding
or roofing shall be permitted unless it matches the siding and roofing of the dwelling. Plans for the
proposed accessory building(s)indicating siding and roofing materials shall be submitted with the
application.
ii.Detached accessory buildings located in the front or side yard shall provide the minimum required
yard setback for principal buildings in the zone.
17.Permitted on the ground £Ioorin the southwest sector of downtown vision plan area, as
incorporated into the city of Marysville comprehensive plan.
18.Manufactured homes must: 1) be no more than two (2) years old, as evidenced by the date of
manufacture recorded on the HUD data plate; 2) set on a permanent foundation,as specified by the
manufacturer,enclosed with an approved concrete product from the bottom of the home to the
ground which may be either load bearing or decorative;3)meet all the design standards applicable to
all other single-family homes in the neighborhood in which the manufactured home is to be located.
19. Mobile homes are only allowed in existing mobile home parks established prior to the effective
date of this ordinance.
20.Home occupations are limited to home office uses in multi-family dwellings.No signage
permitted in townhouse or multi-family dwellings.
21.Permitted in a legal nonconforming or conforming residential structure.
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22.No more than one (1) single-family detached or duplex dwelling(s) is allowed per lot except: in
Planned Residential Developments,Ch. 19.48 MMC, using the Binding Site Plan process and
designated,on the face of the BSP, for multiple single-family detached dwellings on a single parcel;
or accessory dwelling units through the provisions of Ch. 19.34 MMC.
Section 2. Ch. 19.14 MMC is hereby amended by amending MMC 19.14.020 and 19.14.095 to read
as follows:
19.14.020 Applicability and interpretations.
(1)Applicability.
(a)These design standards apply to all new planned residential developments (pRD)in any
zone, multi-family structures in any zone,and commercial and residential development within the
following zones:general commercial (GC),community business (CB),neighborhood business (NB),
downtown commercial (DC),mixed use (MU), high density multiple-family (R-28),medium density
multiple-family (R-18), low density multiple-family (R-12), high density single-family, small lot (R-8).
(b)The standards specified in the following sections shall be applied by the City to individual
building permits for single-family residences,MMC 19.14.095,duplexes,MMC 19.14.210, and
accessory uses, MMC 19.08.030(2)(16);provided that the applicable standards shall be those in effect
on the date that the City approves the preliminary subdivision,short subdivision,or binding site
plan,whichever is applicable,unless the applicant opts to have the City apply the standards that may
have been revised by the City after such date.
(c)The following activities shall be exempt from these standards:
(i)Construction activities which do not require a building permit;
(ii)Interior remodels of existing structures;
(iii)Modifications or additions to existing multifamily,commercial,industrial,office and
public properties when the modification or addition:
(A)Constitutes less than 10 percent of the existing horizontal square footage of the use or
structure;and
(B)Constitutes less than 10 percent of the existing building's exterior facade.
(d)These standards are intended to supplement the zoning standards in the Marysville
Municipal Code.Where these standards and the zoning ordinance standards conflict,the city shall
determine which regulation applies based on which is more in the public interest and more
consistent with the comprehensive plan.
(2)Interpreting and Applying the Design Standards.
(a)These standards capture the community visions and values as reflected in the
comprehensive plan's neighborhood planning areas.The city's community development director
(hereinafter referred to as director)retains full authority to determine whether a proposal meets
these standards.The director is authorized to promulgate guidelines,graphic representations,and
examples of designs and methods of construction that do or do not satisfy the intent of these
standards.The following resources can be used in interpreting the guidelines: Residential
Development Handbook for Snohomish County Communities (prepared for Snohomish County
Tomorrow by Makers, Inc.), Site Planning and Community Design for Great Neighborhoods
(Frederick D.Jarvis,1993),and City Comforts (David Sucher,1996).
(b)Within these standards,certain words are used to indicate the relative importance and
priority the city places upon a particular standard.
(i)The words "shall," "must," and "is!are required"mean that the development proposal
must comply with the standard unless the director finds that:
(A)The standard is not applicable in the particular instance;or
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(B)The development proposal meets the intent of the standards in some other manner.
(ii)The word "should"means that the development proposal will comply with the standard
unless the director finds that:
(A)The standard is not applicable in the particular instance;
(B)The development proposal meets the intent of the standards in some other manner; or
(C)There is convincing evidence that applying the standard would not be in the public
interest.
(iii)The words "is/are encouraged,""cant "consider," "help," and "allow"mean that the
action or characteristic is allowed and willusuallybe viewed as a positive element in the city's review.
(c)The project proponent may submit proposals that he/she feels meet the intent of the
standards but not necessarily the specifics of one or more standards. In this case, the director will
determine if the intent of the standard has been met. (Ord. 2572 §2, 2005).
19.14.095 Small lot single-family dwelling development standards.
The provisions of this section apply to building permits for single-faruily dwellings on lots having
an area less than 7,000 square feet and single-faruily dwellingswhen multiple single-faruily dwellings
are on a single lot, excluding Accessory Dwelling Units; review will be done through the building
permit process.
(1) It is the intent of these development standards that single-faruily dwellings on small lots be
compatible with neighboring properties,friendly to the streetscape, and in scale with the lots upon
which they are to be constructed.The Director is authorized to promulgate guidelines, graphic
representations,and examples of housing designs and methods of construction that do or do not
satisfy the intent of these standards.
(2) Entry. Where lots front on a public street, the house shallhave doors and windows which face
the street.Houses should have a distinct entry feature such as a porch or weather covered entry way
with minimum dimensions of six feet by six feet; if the lot is less than 5,000 square feet the entry
feature area shallbe at least sixty (60)square feet with no dimension less than six (6)feet.
The director may approve any entry way with dimensions different than specified herin;provided,
the entry visually articulates the front facade of the dwelling to create a distinct entry way, meets
setback requirements,provides weather cover, has a minimum dimension of four feet, and is
attached to the home.
(3)Alleys.
(a)If the lot abuts an alley,the garage or off-street parking area shall take access from the
alley,unless precluded by steep topography. No curb cuts shall be permitted unless access
from the alleyis precluded by steep topography.
(b)The minimum driveway length may be reduced to between six (6) and zero (0) feet for
garages when the following conditions are met:
(i)an alleyis provided for access;
(ii)at least one (1)off street parking space, in addition to any provided in the garage,
is provided to serve that dwelling unit and the stall(s)is conveniently located for that
particular dwelling;and
(iii)the applicable total parking stall requirement is met.
(c)The rear yard setback may be reduced to zero (0) feet to accomadate the garage.
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(d)If the garage does not extend to the property line or alley,the dwelling unit above the
garage may be extended to the the property line or alley.
(e) Dwellings with a wall facing an alley must provided at least one (1) window facing the
alleyto allow observation of the alley.
(4)Auto Courts.
(a)Auto courts are only allowedin a PRD.
(b)Auto Courts provide ingress and egress to a cluster of no more than six (6) dwellings and
access from a nonarterial street.Auto court design must be consistent with the City's design
guidelines for auto courts.
(c)Auto courts shall be not less than twenty (20) feet in width;provided that, if emergency
services access is required, the driving surface dimensions will comply with emergency
vehicle access requirements.
(d) Auto courts shall be no greater than one-hundred and fifty (150)feet in length, unless
acceptable emergency vehicle turnaround is provided and, designed so vehicles will not back
onto public streets.
(e) Driveway length may be reduced to between three (3) feet and six (6) feet for garages
when at least two (2) parking spaces are provided for the unit in addition to the garage. The
additional parking must be conveniendy located to the dwelling.
(5) Facade and driveway cuts.If there is no alleyaccess and the lot fronts on a public or private
street, living space equal to at least 50%of the garage facade shall be flush with or projected
forward of the garage, and the dwellingshall have entry, window and/or roofline design treatment
which emphasizes the house more than the garage. Driveway cuts shall not exceed sixteen (16)
feet in width.
(6)Privacy. Dwellings built on lots without direct frontage on the public street should be situated
to respect the privacy of abutting homes and to create usable yard space for the dwelling(s).The
review authority shall have the discretion to establish setback requirements that are different than
may otherwise be required in order to accomplish these objectives.
(7)Individual identity.Home individualitywillbe achieved by the following:
(a)Avoiding the appearance of a long row of homes by means such as angling houses, varied
street setbacks, and varied architectural design features.
(b)Each dwelling unit shall have horizontal or vertical variation within each unit's front
building face and between the front building faces of all adjacent units/structures to provide
visual diversity and individual identity to each unit.Upon building permit application, a plot
plan of the entire structure shall be provided by the builder to show compliance with this
requirement.The director or designee shall review and approve or deny the building design
which may incorporate variations in roof lines, setbacks between adjacent buildings, and other
structural variations.
(c)The same building plans cannot be utilized on consecutive lots."Flip-flopping"of plans is
not permitted;provided, that upon demonstration to the Director that the alteration of
building facades woUld provide comparable visual diversity and individual identity to the
dwelling units as different building plans, this provision shall not apply. Materials and/or
methods which may be utilized to achieve visual diversityinclude, but are not limited to use of
differing siding material, building modulations and roofline variations.
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(8)Landscaping. Landscaping of a size and type consistent with the development willbe provided
to enhance the streetscape,Landscaping will enhance privacy for dwellings on abutting lots and
provide separation and buffering on easement access drives.
(9)Duplexes.Duplexes must be designed to architecturally blend with the surrounding single-
family dwellingsand not be readilydiscernable as a duplex but appear to be a single-family dwelling.
Section 3.Ch,19.26 MMC is hereby amended to read as follows:
Chapter 19.26
RESIDENTIAL DENSITY INCENTIVES
Sections:
19.26.010Purpose.
19.26.020 Permitted locations of residential density incentives.
19.26.030Public benefits and density incentives.
19.26.040Density bonus recreation features.
19.26.050Rules for calculating total permitted dwellingunits.
19.26.060Review process.
19.26.070Minor adjustments in finalsite plans.
19.26.080Applicability of development standards.
19.26.010 Purpose.
The purpose of this chapter is to provide density incentives to developers of residential lands in
exchange for public benefits to help achieve comprehensive plan goals of creation of quality places
and livable neighborhoods,affordable housing, open space protection,historic preservation, energy
conservation, and environmentally responsible design by:
(1)Defining in quantified terms the public benefits that can be used to earn density incentives;
(2)Providing rules and formulae for computing density incentives earned by each benefit;
(3)Providing a method to realize the development potential of sites containing unique features of
size,topography,environmental features or shape; and
(4)Providing a review process to allow evaluation of proposed density increases and the public
benefits offered to earn them, and to give the public opportunities to review and comment. (Ord.
2131,1997).
19.26.020 Permitted locations of residential density incentives.
Residential density incentives (RDI)shall be used only on sites served by public sewers and only
in the following zones:
(1)In R-12 through R-28 zones;
(2)Planned residential developments; and
(3)In MD, CB, GC and DC zones. (Ord.2411 §1,2002;Ord. 2131, 1997).
19.26.030 Public benefits and density incentives.
(1)The public benefits eligible to earn increased densities, and the maximum incentive to be
earned by each benefit, are set forth in subsection (5)of this section. The density incentive is
expressed as additional bonus dwelling units (or fractions of dwelling units) earned per amount of
public benefit provided. Where a range is specified, the earned credit will be determined by the
Community Development Director during project review:
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(2)Bonus dwelling units may be earned through any combination of the listed public benefits.
(3) Residential development in R-12 through R-28 zones with property-specific development
standards requiring any public benefit enumerated in this chapter shall be eligible to earn bonus
dwelling units as set forth in subsection (5)of this section when the public benefits provided exceed
the basic development standards of this title.When a development is located in a special overlay
district,bonus units may be earned if the development provides public benefits exceeding
corresponding standards of the special district.
(4)The guidelines for affordable housing bonuses,including the establishment of rental levels,
housing prices and asset litnitations,will be updated and adopted annually by the community
development department.The update shall occur no later than June 30th of each year.
(5)The following are the public benefits eligible to earn density incentives through RDI revi
Benefit Density Incentive
1.Affordable Housing
a.Benefit units consisting of rental 1.5 bonus units per benefit,up to a
housing permanently priced to serve maximum of 30 low-income units per five
nonelderly low-income households (i.e., no acres of site area;projects on sites of less than
greater than 30 percent of gross income for five acres shall be litnited to 30 low-income
household at or
below 50 percent of units.
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 the city shall be recorded at
final approval.
b.Benefit units consisting of rental 1.5 bonus units per benefit,up to a
housing designed and permanently priced maximum of 60 low-income units per five
to serve low-income senior citizens (i.e.,no acres of site area;projects on sites of less than
greater than 30 percent of gross income for five acres shall be litnited to 60 low-income
one-or two-person households,one units.
member of which is 62 years of 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 the city of Marysville shall be
recorded at final approval.
c.Benefit units consisting of mobile 1.0 bonus unit per benefit unit.
home park space or pad reserved for the
relocation of an insignia or noninsignia
mobile home,that has been or will be
displaced due to closure of a mobile home
park located in the city of Marvsville.
2. Public Facilities (Schools,Public
Buildings or Offices,Open Space, Trails 10 bonus units per usable acre of
and Parks)public facility land or mile of trail exceeding
a.Dedication of public facilities site or the minimum requirements outlined in other
ew:
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trail right-of-way meeting city of Marysville
or agency location and size standards for
the proposed facilitytype.
sections of this tide.
b.Improvement of dedicated public
facility site to city of Marysville standards
for the proposed facilitytype.
2-10 (range dependent on facility
improvements)bonus units per acre of
improvement.If the applicant is dedicating
the site of the improvements,the bonus units
earned by improvements shall be added to the
bonus units earned by the dedication.
quarter-mile of
standard for
trails
1.8 bonus units per quarter-mile of
trail constructed to city standard for
pedestrian trails;or
2.5 bonus units per
trail constructed to city
multipurpose
(pedestrian/bicycle/equestrian).
Shorter segments shall be awarded
bonus units on a pro rata basis.If the
applicant 1S dedicating the site of the
improvements,the bonus units earned by
improvements shall be added to the bonus
units earned by the dedication.
c.Improvement of dedicated trail
segment to city of Marysvillestandards.
d.Dedication of open space, meeting
city of Marysville acquisition standards, to
the city, county or a qualified public or
private organization such as a nature
conservancy.
.s bonus unit per acre of open space.
3.Community Image and Identity
a. Installation and/or dedication of an
identified city gateway (per City of
Marysvillegateways master plan)
1-5 bonus units per gateway or corridor
improvement (range dependent on gateway
selected).
b.Installation of an identified
community improvement (per
comprehensive plan neighborhood
project needs list).
2-5 bonus units per improvement
(range dependent on project selected).
4. Historic Preservation
a.Dedication of a site containing an
historic landmark to the city of Marysville
or a qualifying nonprofit organization
capable of restoring and/or maintaining the
premises to standards set by Washington
State Office of Archaeology and Historic
Preservation.
.s bonus unit per acre of historic site.
b.Restoration of a site or structure
designated as an historic landmark.
.5 bonus unit per acre of site or 1,000
square feet of floor area of building restored.
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2,Locational/Mixed Use
a,Developments located within a 2 percent Increase above the base
quarter-mile of transit routes,and within density of the zone.
one mile of fire and police stations, medical,
shopping,and other community services.
b. Mixed use developments over one 10 percent increase above the base
acre In Size having a
combination of density of the zone.
commercial and residential uses.
Q.Storm Drainage Facilities 1-3 bonus units per development (range
Dual use retention/detention facilities dependent on SIze of tract(s),facility
a.Developments that incorporate improvements and long-term maintenance
active recreation facilities that utilize the provisions)
storm water facilitytract.
b.Developments that incorporate 1-3 bonus uruts per development (range
passive recreation facilities that utilize the dependent on SiZe of tract(s),facility
storm water facilitytract.improvements and long-term maintenance
provisions)
7.Project Design
.a.Preservation of substantial overstory Five percent increase above the base density
vegetation (not included within a required of the zone.
NGPA).No increase in permitted density
shall be permitted for sites that have been
cleared of evergreen trees within two years
prior to the date of application for PRD
approval.Density increases granted which
were based upon preservation of existing
trees shall be forfeited if such trees are
removed between the time of preliminary
and final approval and issuance of building
permits.
b.Retention or creation of a perimeter 1 bonus unit per 500 lineal feet of perimeter
buffer,composed of existing trees
and buffer retained,enhanced or created (when
vegetation,additional plantings,and/or not otherwise required by city code).
installation of fencing or landscaping, in
order to improve design or compatibility
between neighboring land uses.
8.Energy Conservation
a.Benefit units that incorporate
conservation features in the construction of 0.05 bonus unit per benefit unit that
allon-site dwelling units qualifying as
achieves the required savings.
Energy Star Homes per Washington State
Energy Code, as amended.
9,Low Impact Development (LID)
a.Integration of LID measures in 5-10 percent increase over base density (range
project design and stonnwater facility dependent on degree of LID integration in
construction.proiect design and construction)
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10. Pedestrian
Connections and
Walkability.
a.Construction of an identified
2-10 bonus units per improvemenr (range
pedestrian/bicycle deficiency (per city of dependent on priority, length and cost of
Marysville improvement plan). improvement).
Improvements may consist of paved
shoulder, sidewalk or
detached path or
walkway depending on adjoining
conditions.
19.26.040 Density bonus recreation features.
(1)Active recreation features qualifying for a density bonus shall include one or more of the
following:
(a)Multipurpose sport court;
(b)Basketballcourt;
(c)Tennis court;
(d)Tot lot with play equipment (soft surface);
(e)Any other active recreation usc approved by the director ..
(2)Passive recreation qualifyingfor density bonus shallinclude one or more of the following:
(a)Open playareas;
(b)Pedestrian or bicycle paths;
(c)Picnic areas with tables and benches;
(d) Gazebos, benches and other resident gathering areas;
(e)Community gardens;
(f)Nature interpretive areas;
(g)Waterfalls, fountains, streams;
(It)Any other passive recreation use approved by the director.
(3)Design in ponds as dual use storm water retention/detention and/or recreation facilities.
(a)The facility should be designed with emphasis as a recreation area,not a storm water control
structure. The majority of the storm water retention/detention tract shall be designed as usable open
recreation area.
(b)Control structures shall not be prominently placed. Care should be taken to blend them into
perimeter of the recreation area.
(c)Ponds used as recreation areas shall have a curvilinear design with a shallow water safety
bench. (Ord.2481 §2, 2003).
19.26.050 Rules for calculating total permitted dwelling units.
The total dwelling units permitted through RDI 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
Chapter 19.12 MMC;
(2)Calculate the total number of bonus dwelling units earned by providing the public benefits
listed in MMC 19.26.040;
(3)Add the number of bonus dwelling units earned to the number of dwelling units permitted by
the base density;
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(4)Round fractional dwellingunits down to the nearest whole number; and
(5)On sites with more than one zone or zone density, the maximum density shall be calculated
for the site area of each zone. Bonus units may be reallocated within the zone in the same manner
set forth for base units in MMC 19.12.180.(Ord.2131,1997).
19.26.060 Review process.
(1)All RDI proposals shall be reviewed concurrently with a primary proposal to consider the
proposed site plan and methods used to earn extra density as follows:
(a)For the purpose of this section, a primary proposal is defined as a proposed rezone,
conditional use permit or commercial building permit;
(b)When the primary proposal requires a public hearing, the public hearing on the primary
proposal shall serve as the hearing on the RDI proposal, and the reviewing authority shall make a
consolidated decision on the proposed development and use of RDI;
(c)When the primary proposal does not require a public hearing under this title, the RDI
proposal shall be subject to the decision criteria for conditional use permits outlined in Chapter
19.52MMC and to the procedures set forth for planning director reviewin this title;and
(d)The notice for the RDI proposal also shall include the development's proposed density and
a general description of the public benefits offered to earn extra density.
(2)RDI applications which propose to earn bonus units by dedicating real property or public
facilities shall include a letter from the applicable receiving agency certifying that the proposed
dedication qualifies for the density incentive and will be accepted by the agency or other qualifying
organization. The city of Marysville shall also approve all proposals prior to granting density
incentives to the project. The propo.salmust meet the intent of the IillI chapter and be consistent
with the City of Marysville comprehensive plan. (Ord. 2131, 1997).
19.26.070 Minor adjustments in final site plans.
When issuing building permits in an approved RDI development,the department may allow
minor adjustments in the approved site plan involving the location or dimensions of buildings or
landscaping,provided such adjustments shall not
(1)Increase the number of dwellingunits;
(2)Decrease the amount of perimeter landscaping (ifany);
(3)Decrease residential parking facilities (unless the number of dwellingunits is decreased);
(4)Locate structures closer to any site boundary line; or
(5)Change the locations of any points of ingress and egress to the site. (Ord. 2131, 1997).
19.26.080 Applicability of development standards.
(1)RDI developments shall comply with dimensional standards of the zone with a base density
most closely comparable to the total approved density of the RDI development.
(2)RDI developments in the R-12 through R-28 zones and the mixed use zone shall be
landscaped in accordance with Chapter 19.16MMC.
(3)RDI developments shall provide parking as follows:
(a)Projects with 100 percent affordable housing shall provide one off-street parking space per
unit. The planning director may require additional parking, up to the maximum standards for
attached dwelling units, which may be ptovided in common parking areas.
(b)All other RDI proposals shallprovide parking consistent with Chapter 19.18 MMC.
(4)RDI developments shall provide on-site recreation space at the levels required in Chapter
19.14MMC. (Ord. 2131, 1997).
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Section 4. Ch. 19.48 MMC is hereby repealed in its entirety and replaced with the following:
Chapter 19.48
PLANNED RESIDENTIAL DEVELOPMENTS
Sections:
19.48.010Purpose.
19.48.020 Applicability.
19.48.030 Planned residential development - Site qualifications.
19.48.040 Permitted/conditional uses - Ratio of housing types.
19.48.050 Procedures for review and approval.
19.48.060Required elements of PRD site plans.
19.48.070 Development standards.
19.48.080 Modification of development regulations.
19.48.090 Bonuses.
19.48.100 Open spaces.
19.48.110 Preservation of existing features.
19.48.120 Perpetual maintenance of open space and common facilities.
19.48.010 Purpose.
The purpose of this chapter is to permit design flexibility and provide performance criteria which
can result in planned residential developments which produce:
(1)A choice in the types of environment and livingunits available to the public;
(2)Open space and recreation areas;
(3)A pattern of development which preserves trees,outstanding natural topography and geologic
features, and prevents soil erosion;
(4)A creative approach to the use of land and related physical development;
(5)An efficient use of land resulting in smaller networks of utilities and streets and thereby lower
housing costs;
(6)An environment of stable character in harmony with surrounding development;
(7)A more desirable environment than would be possible through the strict application of other
sections of this tide.
This chapter is designed to provide for small and large-scale developments incorporating a single
type or a variety of housing types and related uses which are planned and developed as a unit.
Developments may consist of individual lots or may have common building sites.Commonly owned
land must be related to and preserve the long-term value of the residential development.
19.48.020 Applicability.
An applicant may request to utilize the PRD provisions, if the site meets the site qualification criteria
of this Chapter and concurrently utilizes a land division process as specified MMC 19.48.040.
19.48.030 Planned residential development - Site qualifications.
To utilize the PRD provisions contained in this chapter, a site must be at least one (1) acre, gross
area. and must be zoned residential.
19.48.040 Permitted/conditional uses -Ratio of housing types.
The following uses are permitted within a PRD: single-family dwellings, duplexes,attached single-
family or multi-family dwellings,and recreational facilities;provided that, in single family zoned
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PRDs, no more than six units may be attached as one building, and provided further that the mix of
housing types shall be restricted so that not more than 30 percent of all structures, or potential
structures, in the single-family zoned PRD and the surrounding single-family residential zoned
property within a 300-foot radius, as awhole, are multiple-familydwellings.
19.48.050 Procedures for review and approval.
The PRD review and approval process shall occur concurrently with the underlying land use action.
Underlying land use actions which can utilize the PRD process include binding site plans,short
subdivisions, and subdivisions. The decision making authority for the underlying land use action
shall also be be the decision making authority for the PRD.
The director is authorized to promulgate guidelines, graphic representations,and examples of
designs and methods of construction that do or do not satisfy the intent of this chapter. The
following resources can be used in interpreting the guidelines: Residential Development Handbook
for Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.),
Site Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and
City Comforts (David Sucher, 1996).
(1)Site Plan. A site plan meeting the requirements of Chapters MMC 19.14 and 19.48 MMC and
Title 20 MMC shall be submitted with all applications for a PRD.The site plan may be approved,
approved with conditions,or denied by the City. Specific development regulations may be
modified in accordance with this Chapter and special requirements may be applied to the property
within the PRD. Modifications and special requirements shall be specified in the approval and
shown on the approved site plan.
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(2)Decision Criteria. It is the responsibility of the applicant to demonstrate the criteria have been
met.The City may place conditions on the PRD approval in order to fulfill the requirements and
intent of the City's development regulations,comprehensive plan, and subarea plan(s).The
following criteria must be met for approval of a PRD to be granted:
(a)Consistency with applicable plans and laws.The development will comply with
all applicable provisions of State law, the MarysvilleMunicipal Code,comprehesive
plan,and any applicable subarea plan(s).
(b)Quality design.The development shall include high-quality architectural design
and well conceived placement of development elements including the relationship or
orientation of structures.
(c)Design Criteria.Design of the proposed development shall achieve two or more
of the following results above the minimum requirements of Titles 19 and 20 MMC;
provided that such design elements may also be used to qualify for residential density
incentives as provided in Ch. 19.26 MMC:
(i)Improving circulation patterns or the screening of parking facilities;
(ii)Minimizing the use of impervious surfacing materials;
(iii)Increasing open space or recreational facilitieson-site;
(iv)Landscaping,buffering,or screening in or around the proposed PRD;
(v)Providing public facilities;
(vi)Preserving,enhancing or rehabilitating natural features of the subject
property such as significant woodlands,wildlife habitats or streams;
(vii)Incorporating energy-efficient site design or building features;
(viii)Incorporating a historic structure(s) or a historic landmark in such a
manner as preserves its historic integrity and encourages adaptive reuse.
(d) Public Facilities. The PRD shall be served by adequate public facilities
including streets, bicycle and pedestrian facilities,fire protection,water,stormwater
control,sanitary sewer, and parks and recreation facilities.
(e)When PRDs are located within or adjacent to single-family residential
zones and are, or may be,surrounded by traditional development with detached
dwelling units,PRDs shall be designed and developed so as to be consistent with a
single-family residential environment.If attached dwellings and multiple-family
dwellings are part of the PRD they will be dispersed throughout the project to create
an integrated mix of housing types.
(f)Perimeter Design.The perimeter of the PRD shall be compatible in
design,character,and appearance with the existing or intended character of
development adjacent to the subject property and with the physical characteristics of
the subject property.
(g)Open Space and Recreation.Open space and recreation facilities shall be
provided and effectively integrated into the overall development of a PRD and
surrounding uses.
(b)Streets, Sidewalks, and Parking.Existing and proposed streets and
sidewalks within aPRD shall be suitable and adequate to carry anticipated motorized
and pedestrian traffic within the proposed project and in the vicinity of the subject
property.A safe walking path to schools shall be provided,if the development is
within one-quarter (1/4)mile of a school (measured via existing or proposed streets
or pedestrian corridors)or if circumstances otherwise warrant.Adequate parking
shall be provided to meet or exceed the requirements of the MMC.
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(i)Landscaping. Landscaping shallbe provided for public and semi-public
spaces and shallintegrate them with private spaces.Landscaping shall create a
pleasant streetscape and provide connectivity between homes and common areas,
using trees, shrubs, and groundcover throughout the development and providing for
shade and visual relief while maintaining a clear line of site throughout the public and
semi-public spaces.
G)Maintenance provisions. A means of maintaning all common areas, such
as a home owners association, shall be established, and legal instruments shall be
executed to provide maintenance funds and enforcement provisions.
(3)Amendments.An approved PRD may be amended through the provisions of Tide 20 MMC
and Ch.S8.17RCW.
(4)Duration of Approval.The duration of approval for a PRD shall be the same as the
underlying land use action, plat, or binding site plan.
(5)Compliance. Any use of land which requires PRD approval, as provided in this Chapter,and
for which approval is not obtained,or which fails to conform to an approved PRD and final site
plan,constitutes a violation of this Tide.
19.48.060 Required elements ofPRD Site Plans.
All PRDs shall be subject to site plan approval as provided above. The following are minimum
requirements for the site plan and supplemental material:
(1)The tide and location of the proposed PRD,together with the names and addresses and
telephone numbers of the owners of record of the land and, if applicable, the names, addresses
and telephone numbers of any architect, planner, designer or engineer responsible for the
preparation of the plan, and of any authorized representative of the applicant;
(2)Where there is multiple ownership, a document satisfactorily assuring unified control through
final approval and construction phases;
(3)Statement of intention to formally subdivide the property, if applicable;
(4)The total number of proposed dwelling units and a description of the housing type for each
such unit;
(5)Probable building materials and treatment of exterior surfaces on all proposed multiple-family
structures;
(6)Conceptual drainage plans demonstrating feasabilty of the proposed facilities;
(7)Project staging or phases,if any;
(8)Provision for phasing out nonconforming uses;
(9)The calculation of the housing-mix ratio within a 300-foot radius of the project, as required by
MMC 19.48.030;
(10)Restrictive covenants as required by MMC 19.48.130 and including provisions to address
parking enforcement,together with a statement from a private attorney as to the adequacy of the
same to fulfillthe requirements of this chapter;
(11)Calculation of total project land area, gross project area, net project area, and net project
density;
(12)A vicinity map at a minimum scale of two inches for each mile,showing sufficient area and
detail to clearly locate the project in relation to arterial streets, natural features, landmarks and
municipal boundaries;
(13)A site plan drawing, showing street layout and identification, size and shape of all building
sites and lots, and location of all building pads and open space areas with any specific open space
activityareas indicated;
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(14)The existing edge and width of pavement of any adjacent roadways and all proposed internal
streets,off-street parking facilities,driveway approaches,curbing, sidewalks or walkways, street
channelization, and type of surfaces;
(15)Landscaping plan, including plant locations and species size at planting,together with
location and typical side view of perimeter fencing or berms, if any;
(16)Plans for all attached dwellings and multiple-family dwellings and related improvements,to a
scale of not less than one inch to 50 feet, showing typical plot plans for each such building,
including location of building entrance, driveway, parking, fencing and site screening, and typical
elevations of each type of building, including identification of exterior building materials, and roof
treatment;
(17)Plans for open space improvements,if any;
(18)Plans for signing and lighting, including typical side view of entrance treatment and entrance
SignS;
(19)The location of all solid waste collection points,proposed meter locations,water mains,
valves, fire hydrants, sewer mains, laterals, manholes,pump stations, and other appurtenances;
(20)Itemization of the specific development regulations which are to be modified and special
requirements which are to be applied to the property; and
(21)Such additional information as the Citymay deem necessary.
19.48.070 Development standards.
PRDs which have lot(s) less than 5,000 square feet in any zone and multiple detached single-family
dwellingson a single lot in any zone shall meet the requiements of this Section.
(1)Accessory dwelling units shall not be permitted for single-family detached dwellings unless
approved as part of the PRD site plan.
(2) Each single-family detached unit shall have at least 200 SF of private open space set aside as
private space for that dwelling unit No dimension of such open space shall be less than ten (10)
feet The open space does not need to be fenced or otherwise segregated from other dwellingsor
open space in the development unless so conditioned through the approval process.
(3)Common open space is required pursuant to MMC 19.48.100 or MMC 19.14.100, whichever
provides the greater open space. The common open space must be arranged to maximize
usability.
(4)At least 25%of the dwellings on lots less than 5,000 square feet must have vehicle access
points via any combination of the following, unless steep slopes or site specific constraints
precluded meeting this requirement:
(a)Shared or single car width driveway.
(b)Alley,auto court,or other method of accessing dwellings other than direct street access.
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19.48.080 Modification of development regulations.
The City's standared development regulations shall be modified for a PRD as provided in this
section:
(1)Density,dimensions,and parking.The standard development regulations shall apply to
all lots and development in a PRD except as specifically modified below and as provided in
the design review standards in Ch.19.14 MMC
Modified Density,Dimension,and PRD
Parking Table
Density:Dwelling unit/acre As allowed per the underlying zone.
As allowed per the underlying zone or modified
Maximum density: (1)through the residential density incentives in
Chapter 19.26 MMC
Minimum street setback: (2)10 ft
Minimum side yard setback:
5 ft (ifno lot line between homes 10ft separation
required) .
Minimum rear yard setback: (3)
10ft (ifno lot line between homes 20 ft
separation required)
Base height:As allowed per the underlying zone.
Maximum building coverage:No maximum building coverage.
Maximum impervious surface:70%
Minimum lot area: (4)3,500 square feet
Minimum lot width: (5)30 ft
Minimum driveway length: (6)20 ft
P.inimum Parking:(7)3 stalls per detached single-family dwelling
evelo
prnent Conditions:
(1)Density may be increased consistent with density incentives,Ch.19.26 MMC
(2)Porches may extend as close as seven (7)feet from the street, sidewalk, right-of-way,
or publicicommunity improvement.
(3)Consistent with MMC 19.14.095(3), rear yard setbacks may be reduced to zero (0)
feet for garages,if an alleyis provided.Living space is allowed up to the rear
property line or alleywhen above a garage.If the garage does not extend to the
property line, the dwelling unit above the garage may be extended to the property
line.
(4)No minimum lot area for multi-family zoned property.In single-family zones, the
minimum lot areal dwelling unit area may be reduced to 2,000 square feet for
attached single-family dwellings, and duplexes require 5,250 square feet per 2
dwelling duplex.
(5)Minimum lot width may be reduced to 25 ft for zero lot line attached single-family
dwellings.
(6)Minimum driveway length may be reduced in accordance with MMC 19.14.095.
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(7)Parking for multi-family and attached single-familywillbe computed pursuant to Ch.
19.18 MMC, Parking and Circulation.Detached single-familydwellingswillprovide
three (3) stallsper dwelling unit. Two (2)of the stallsmust be on the site and readily
available to the dwellingunit. The third stallmay be on street parking or provided
nearby to the dwelling.
(2)Street Standards. The City's PRD street standards, as set forth in the Engineering
Development and Design Standards (EDDS),apply to small lot developments and may be
modified as provided below.
The "PRD Access Street with Parking"and ''PRD Access Street" road sections may
be used in a PRD and modified as follows:
(a)"PRD Access Street with Parking"standard is required for developments
containing twenty (20)or more dwellings.For developments containing less
than 20 dwelling units the "PRD Access Street"standard may be used,
provided parking requirements are met and community parking is provided
at a ratio of at least one (1)parking space for each four (4) dwelling units.
(b)Modifications to the "PRD Access Street with Parking"and "PRD Access
Street"standards may be requested for sidewalks,planter strips, and on-street
parking. The burden to clearly demonstrate the proposed modification
meets the requirements of this section is the applicant's. (Note: it is not
likelymultiple reductions willbe allowed along a single section of road.)If
requesting a modification, the applicant shall submit an integrated pedestrian
travel, landscape, and parking plan as well as other information to
demonstrate:
1.Safe, aestheticallypleasing,pedestrian travel is provided
throughout the development.
11.Pedestrian travel within the development shall be tied to
pedestrian travel routes outside the development,actual
and/or planned.
ill.Reduction of planter strips shallrequire additional equivalent
or greater landscaping to benefit the development.
IV.Reduction of on street parking shall generally require alley
access and community parking be provided,such as bump
out parking on the street at a ratio in excess of one (1)
parking spot for each four (4)dwelling units.
v. Any proposed modifications shall allow for efficient flow and
movement of automobiles and pedestrians ;"ithout negatively
altering or constraining their movement.
(3)Open Space.Open space requirements may be modified consistent with this Chapter.
(4)Additional Modifications. An applicant may request additional dimensional,open space,
street, and design standard modifications beyond those provided in this Section.Granting
of the requested modification(s) willbe based on innovative and exceptional architectural
design features and/or innovative and exceptional site design and layout that contribute to
achieving the purpose of this Chapter. (Street modifications may include the elimination of
sidewalks on one or both sides,when alternate safe pedestrian connections are provided,
and/or the movement of planter strips behind the sidewalk or the elimination of planter
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strips altogether,when the streetscape is enhanced to provide for a significantlymore
pleasing appearance.)
(5)Other development code modifications. Modification of development code
requirements beyond those provided for in this Section may be requested through the
variance process set forth in the MMC.
19.48.090 Bonuses.
The City's decision making authority may allow an increase in the net density of the project in
compliance with the residential density incentive requirements of Chapter 19.26 MMC.
19.48.100 Open spaces.
(1)A minimum of 15 percent of the Net Project Area shall be established as open space. Parking
areas, driveways, access streets, and required yards are not considered to be open space for
purposes of this section. Critical areas and buffers may be used to satisfy up to 10 percent of this
requirement. Fencing and/or landscaping shall separate, while maintaining visual observabilit:y of
recreation areas from public streets, parking areas, and driveways.
(2)Open space and recreational facilities shall be owned,operated and maintained in common by
the PRD property owners;provided,that by agreement with the City Council, open space may be
dedicated in fee to the public.
(3)The open space requirement may be reduced if substantial and appropriate recreational
facilities (such as recreational buildings, swimming pools or tennis courts) are provided.If an
open space reduction is proposed,detailed plans showing the proposed recreational facilities must
be submitted with the preliminary site plan.
(4)Open space excluding critical areas and buffers shall:
(a)Be of a grade and surface suitable for recreation;
(b)Be on the site of the proposed development;
(c)Be one continuous parcel if less than 3,000 square feet in size,not to be located in the front
yard setback;
(d) Have no dimensions less than 30 feet (except trail segments);
(e)Be situated and designed to be observable by the public; and
(f)Be accessible and convenient to allresidents within the development.
19.48.110 Preservation of existing features.
(1)Existing trees and other natural and unique features shall be preserved wherever possible. The
location of these features must be considered when planning the open space, location of
buildings,underground services, walks, paved areas, playgrounds, parking areas, and finished
grade levels.
(2)The City shall inquire into the means whereby trees and other natural features will be
protected during construction.Excessive site-clearing of topsoil, trees and natural or unique
features before commencement of building operations may disqualify the project as a PRD.
19.48.120 Perpetual maintenance of open space and common facilities.
Before final approval is granted, the applicant shall submit to the City, for its approval, covenants,
deed restrictions,homeowner association bylaws,and/or other documents providing for
preservation and maintenance of all common open space, parking areas, walkways, landscaping,
signs, lights, roads, and community facilities at the cost of the property owners in the PRD. All
common areas and 'facilities shall be continuously maintained at a minimum standard at least equal
to that required by the City and shall be approved by the Cityat the time of initial occupancy.
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Section 5. Title 20MMC is hereby amended by amending Ch. 20.44 MMC, MMC 20.48.030,
MMC 20.52.020,and MMC 20.56.120 to read as follows:
Article II.Binding Site Plan
Chapter 20.44
GENERAL PROVISIONS
Sections:
20.44.010Title for citation.
20.44.020Authority.
70.44.030Purpose.
20.44.040Jurisdiction.
20.44.050 Applicability.
20.44.060Administration.
20.44.070 Definitions.
20.44.080. Inscription.
20.44.010 Tide for citation.
This article shall be known as the binding site plan ordinance of the city. The requirements set
forth in this article are applicable to all divisions of land zoned business, commercial and industrial
within the city.
20.44.020 Authority.
These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and
cityordinances.
20.44.030 Purpose.
It is the intent and purpose of this article to establish an alternative process to subdividing and
short subdividing of land as provided in the city's subdivision ordinance. The binding site plan
review process is approval of a division of land with an overall site plan. The binding site plan shall
promote the harmonious development of such properties in a manner that will have the most
beneficial relationship between the development of the land and such things as the circulation of
traffic, the effective use of utilities, adequate landscaping, parking, loading, refuse disposal,outdoor
storage and pedestrian flow.
20.44.040 Jurisdiction.
These regulations shall apply to all properties, which are exempt from the city's subdivision code
pursuant to RCW 58.17.040(4)or (7)and which are being divided through the binding site plan
process in business, commercial, and industrial zones or in a residential zone if the division complies
with the planned residential development provisions ofCh.19.48 MMC and with MMC 20.44.080.
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20.44.050 Applicability.
Any person,firm,corporation or other entity which does not divide their property per the city's
subdivision ordinance and seeks to divide business, commercial, industrial, or residential zoned land
for the purpose of sale, lease or transfer of ownership is required to apply for and complete a
binding site plan as is required by this tide.
20.44.060 Administration.
The director and the city engineer shall have the duty and responsibility of administering the
provisions of this tide.
20.44.070 Definitions.
(1)"Applicant"means any.person or legal entity proposing a development plan or a binding site
plan.
(2)"Binding site plan"means a drawing to scalewhich:
(a)Identifies and shows the areas and locations of all streets, roads,improvements,utilities,
open spaces;
(b)Any other matters required to be identified by the city,and containing inscriptions or
attachments setting forth such appropriate limitations and conditions for the use of the land as
established by the city;
(c)Contains provisions making any development be in conformity with the site plan;
(d) Contains provisions in which an applicant can offer for sale, lease, transfer of ownership of
lots, parcels or tracts; and
(3)"City," for purposcs of this article, is the city of Marysville.
(4)"City standards"means the engineering design and development standards as published by the
department of public works.
(5)"Zoning code"means city of Marysvillezoning ordinance, MMC Tide 19.
20.44.080 Inscription.
All binding site plans exempt under RCW 58.17.040(7) shall have the following inscription: "All
development and use of the land described herein shall be in accordance with this binding site plan,
as it may be amended with the approval of the city,town, or county having jurisdiction over the
development of such land, and in accordance with such other governmental permits, approvals,
regulations,requirements,and restrictions that may be imposed upon such land and the
development and use thereof.Upon completion,the improvements on the land shall be included in
one or more condominiums or owned by an association or other legal entity in which the owners of
units therein or their owners' associations have a membership or other legal or beneficial interest.
This binding site plan shall be binding upon all now or hereafter having any interest in the land
described herein."
20.48.030 Action by city departments.
(1)Action by the Planning Department.If the binding site plan application is complete and the
feeis paid,the planning department shall accept the application and conduct a city review.
(2)Action by Other City Departments.The planning department will circulate copies of the
proposed binding site plan to relevant city departments and affected agencies. The department or
agency shall review the preliminary subdivision and furnish the planning department with a report as
to the effect the proposed binding site plan may have upon their area of responsibility and expertise.
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The reports submitted shall include recommendations as to the extent and types of improvements to
be provided.
(3)Factors Considered by City Departments.The city shall review the proposed binding site plan
to determine whether it meets the following criteria:
(a)Comprehensive Plan.Whether the proposed binding site plan and development of the
parcel relates to allelements of the comprehensive plan;
(b)Zoning.Whether the proposed binding site plan meets the zoning regulations;
(c)Physical Setting.Whether the binding site plan properly takes into account the topography,
drainage,vegetation, soilsand any other relevant physicalelements of the site;
(d)Public Services.
(i)Adequate water supply,
(ii)Adequate sewage disposal,
(iii)Appropriate storm drainage improvements,
(iv)Adequate fire hydrants,
(v)Appropriate access to allanticipated uses within the site plan,
(vi)Provisions for all appropriate deeds, dedications,and/or easements,
(vii)Examination of the existing streets and utilities and how the proposed binding site plan
relates to them;
(e)Environmental Issues.Examination of the project through the SEPA process and a
determination of whether the proposed binding site plan complies with the SEPA requirements.
(f)CriticalAreas. Binding site plans shall comply with the land division requirements of MMC
19.24.360.
(4)Notice Requirements.Notice shallbe given pursuant to Tide 15 MMC.
(5)Preliminary Decision.
Following the comment period provided in Tide 15MMC, the director shall:
(1)Reviewthe information in the record and render a decision pursuant to this chapter; or
(2)Forward the application to the hearing examiner for public hearing, if:
(a)Adverse comments are received from at least five persons or agencies during the comment
period, which comments are relevant to the decision criteria in MMC 20.48.030(3) or state specific
reasons why a hearing should be held; or
(b)The director determines a hearing is necessary to address issues of vague, conflicting, or
inadequate information,or issues of public significance.
20.52.020 Binding site plan -Requirements.
The final binding site plan shall be drawn on mylar drafting film having dimensions of 18 inches
by 24 inches and must include the following:
(1)The name of the binding site plan;
(2)Legal description of existing lots;
(3)The date,north arrow and appropriate engineering scale as approved by the planning
department (e.g.,1"=20', 1"=30', 1"=40', 1"=50', 1"=60');
(4)Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites
with accurate bearings, dimensions or angles and arcs, and of allcurve data;
(5)Names and right-of-way widths of all streets within the parcel and immediately adjacent to the
parcel. Street names shall be consistent with the names of existingadjacent streets;
(6)Number of each lot consecutively;
(7)Reference to covenants and special restrictions either to be filed separately or on the face of
the binding site plan;
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(8)Zoning setback lines, building sites when required by the city;
(9)Location,dimensions and purpose of any easements,noting if the easements are private or
public;
(10)Location,physical description,and date visited,of monuments and all lot corners set and
found;
(11)Existing structures,including any within fifty feet (50")of existing or proposed lot lines, all
setbacks, and all encroachments;
(12)Primary control points identified (i.e.calculated, found, established, or reestablished), basis of
bearing, and horizontal and vertical datums as required by the public works
department.Descriptions and ties to all control points willbe shown with dimensions,angles and
bearings;
(13)A dedicatory statement acknowledging public and private dedications and grants;
(14)Parking areas, general circulation, landscaping area when required;
(15)Proposed use and location of buildings when required;
(16)Loading areas when required;
(17)Other restriction and requirements as deemed necessary by the city.
(18)The applicable requirements of RCW 58.17.040(7)shall be met, including inscription of the
following statement on the binding site plan:
"All development and use of the land described herein shall be in accordance with this binding
site plan, as it may be amended with the approval of the city, town, or county having jurisdiction
over the development of such land, and in accordance with such other governmental permits,
approvals, regulations,requirements,and restrictions that may be imposed upon such land and
the development and use thereof.Upon completion, the improvements on the land shall be
included in one or more condominiums or owned by an association or other legal entity in which
the owners of units therein or their owners' associations have a membership or other legal or
beneficial interest. This binding site plan shall be binding upon all now or hereafter having any
interest in the land described herein."
20.56.120 Lots.
(1)Lot arrangement shall be related to the natural features of the site and provide a.suitable
building site.
(2)Business, commercial, and industrial zoned lots in a binding site plan, generally, do not have to
meet lot requirements of the zoning code, as long as the city has approved the overall binding site
plan. Lots in residential zones in a BSP must comply with the zoning 'code regarding lot
requirements.
Section 6. Severability.If any section, subsection, sentence, clause, phrase or work 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.
PASSED by the City Council and APPROVED by the Mayor this '1 'fit day of
~,2006.
CITY OF MARYSVILLE
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By:
Attest:
By:t6~;{~
CITY CLERK:(\)ef'<-{~')
Approved as to form:n
By:/JI--€,v".fr({)'J~
··GRANT K WEED,CITY ATTORNEY
Date of Publication:It -1/-t2fJt?{P
Effective Date:/~-lIP -.20/)/..o
(5 days after publication)
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DENNIS L KENDALL,MAYOR
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