HomeMy WebLinkAboutO-2728 - Adds Sec. 19.06.317; amends Sec. 19.06.193, 19.12.030, 19.12.040, 19.16.090, 19.18.160 and 20.24.060; repeals Sec. 19.12.210 and Ch. 19.37, zoning and subdivisions (Repealed by 2852) (2)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.~
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,AMENDING
THE CITY'SDEVELOPMENT REGULATIONS RELATED TO DEFINITIONS OF
"HOUSEHOLD"AND "MASTER PLANNED SENIOR COMMUNITY",DELETION
OF RU AND FREEWAY SERVICE ZONES,ADDITION OF WHISKEY RIDGE
ZONES,AND REVISIONS TO DEVELOPMENT STANDARDS RELATED TO
RESIDENTIAL,RESOURCE,AND COMMERCIAL/INDUSTRIAL ZONES,ON-SITE
RECREATION FEES, LANDSCAPE BUFFERS,AND TANDEM PARKING,AND
AMENDING CHAPTERS 19.06,19.12, 19.14, 19.16, 19.18,AND 20.24 AND REPEALING
CHAPTER 19.37OF THE MARYSVILLE MUNICIPAL CODE.
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 ofthe 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 finds that from time to time it is
necessary and appropriate to review and revise provisions of the City's Zoning Code (Title 19
MMC);and
WHEREAS,this Zoning Code amendment is consistent with the following required findings
ofMMC 19.56.030:
(1)The amendment is consistent with the purposes of the comprehensive plan;
(2)The amendment is consistent with the purpose ofTitle 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 amendment during
public meetings June 12, 2007,June 26, 2007 and July 10, 2007; and
WHEREAS,after providing notice to the public as required by law, on July 24, 2007, the
Marysville Planning Commission held a Public Hearing on proposed changes to the City's Zoning
Code; and
ORDINANCE-20D7DEV CODE AMEND 10F
11
WHEREAS,at a public meeting on December 10, 2007, the Marysville City Council reviewed
and considered the amendment to the Zoning Code proposed by the Maryville Planning
Commission;and
WHEREAS,the City ofMarysville has submitted the proposed development regulation
revisions to the Washington State Department of Community,Trade,and Economic Development
as required by RCW 36.70A.l06;and
WHEREAS,the City has complied with the requirements of the State Environmental Policy
Act,Ch.43.21C 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 19.06 MMC is hereby amended by amending MMC 19.06.193 and
19.06.317 to read as follows:
19.06.193 Family or household.
"Family"or "household"means an individual,two or more persons related by blood or marriage,
six or less related or unrelated persons,up to eight persons consisting of one or two adults and up to
six persons under the age of 18 that mayor may not be related,a group of two or more disabled
residents protected under the Federal Fair Housing Amendment Act of 1988,adult family homes as
defined under Washington State law, or a group living arrangement where eight or fewer residents
receive supportive services such as counseling,foster care, or medical supervision at the dwelling
unit by resident or nonresident staff.Up to six residents not related by blood or marriage who live
together in a single-family dwelling or in conjunction with any of the above individuals or groups,
shall also be considered a family.For purposes of this definition,minors living with parent or legal-
guardian shall not be counted as part of the maximum number ofresidents.
19.06.317 Master planned senior community.A "master planned senior community"means a
master plan for a site that incorporates a range of care options for senior citizens or disabled
persons,including but not limited to independent senior housing,senior assisted living,and nursing
homes.The proposed development must offer a continuum ofcare that offers varying degrees of
assistance for individuals as it is needed.The community must include an integration ofresidential
living units or beds,recreation,congregate dining,and on site medical facilities/services.
Section 2.Chapter 19.12 MMC is hereby amended by amending MMC 19.12.030 and
19.12.040 to read as follows and by repealing 19.12.210:
19.12.030 Residential zones.
(1)Densities and Dimensions.
R-4.5 R-6.5 R-8 R-12 R-18 R-28 WR-WR-R6-18
(13)(13) (13)R4-8 (13)(16)(17)
(16)(17)
Density:Dwelling 4.5 6.5 8 dulac 12 18 28 4.5 6 dulac
unit/acre (6)dulac dulac dulac dulac dulac dulac (detached
sl)
10 dulac
ORDINANCE-ZOO?DEV CODE A1v1END 20F
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(attached
multifamily)
Maximum density:- --18 27 36 8 dulac 18 dulac
Dwelling unit/acre (1)dulac dulac dulac
Minimum street setback 20 ft (8) 20 ft 20 ft (8)20 ft 25ft 25 ft 20 ft 20 ft
(3) (15)(8)(8)
Minimum side yard 5 ft (10) 5 ft 5 ft(10)10 ft 10 ft 10 ft 5 ft (10,10 ft (10,
setback (3)(10)(10,11,(10,11,(10)11,12) 11,12)
12) 12)
Minimum rear yard 20 ft 20 ft 20 ft 25 ft 25 ft 25 ft 20 ft 25 ft
setback (3)
Base height 30 ft 30 ft 30 ft 35 ft (4) 45 ft (4) 45 ft 30 ft 35 ft (4)
(4)
Maximum building 35% 35%50% 50% 50% 50%50%40%
coverage:Percentage (5)
Maximum impervious 45%45%50%70%70% 75%50%70%
surface:Percentage (5)
Ivlinimum lot area 5,000 5,000 4,000 -- -5,000 s -
sq. ft sq. ft sq. ft
(14)
Minimum lot area for 12,500 7,200 7,200 - --7,200 sf-
duplexes (2)sq. ft sq. ft sq. ft
Minimum lot width (3)60 ft 50 ft 40 ft 70 ft 70 ft 70 ft 40 ft 70 ft
Minimum lot frontage on 20 ft 20 ft 20 ft -- -20 ft -
cul-de-sac;sharp.curve,
or panhandle (14)
(2)Development Conditions.
1.a.The maximum density for R-12,R-18 and R-28 multiple-family zones may be achieved only
through the application of residential density incentive provisions outlined in Chapter 19.26
MMCb.The maximum net density for the single-family zones is the same as the base density;
provided,that for PRD developments the maximum density may be increased by up to 20 percent
only through the application ofresidential density incentive provisions outlined in Chapter 19.26
MMC
c.The maximum density for Whiskey Ridge subarea plan zones may be achieved only through the
application of residential density incentive provisions outlined in Chapter 19.26 MMC
2.The·minimum lot sizes for duplexes apply to lots or parcels which existed on or before the
effective date of the ordinance codified in this chapter.All new duplex lots created through the
subdivision or short subdivision process shall be a minimum of7,200 square feet in size,must
include a "duplex disclosure,"and comply with the density requirements of the comprehensive plan
ORDINANCE-200?DEV CODE AMEND 3 OF
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(six units per acre for the R-4.5 zone and eight units per acre for the R-6.5,R-8,and WR R4-8
zones).
3.These standards may be modified under the provisions for zero lot line and townhome
developments.
4. a.Height limits may be increased when portions ofthe structure which exceed the base height
limit provide one additional foot ofstreet and interior setback beyond the required setback for each
foot above the base height limit;provided,that the maximum height may not exceed 60 feet.
b.Multiple-family developments,located outside ofPlanning Area 1,abutting or adjacent to areas
zoned as single-family, or areas identified in the comprehensive plan as single-family, may have no
more floors than the adjacent single-family dwellings,when single-family is the predominant
adjacent land use.
5.Applies to each individual lot. Building coverage and impervious surface area standards for:
a. Regional uses shall be established at the time ofpermit review; or
b.Nonresidential uses in residential zones shall comply with MMC 19.12.200.
6. a.The densities listed for the single-family zones and Whiskey Ridge zones WR4.5-8 &WR 6-18
are maximum net densities.
b. Mobile home parks shall be allowed a maximum density of eight dwelling units per acre, unless
located in the R-4.5 or R-6.5 zones,in which case they are limited to the density ofthe underlying
zone.
7.The standards of the R-4.5 zone shall apply if a lot is less than 15,000 square feet in area.
8.On a case-by-case basis, the street setback may be reduced to 10 feet;provided,that at least 20
linear feet ofdriveway is provided between any garage,carport,or other fenced parking area and the
street property line, or the lot takes access from an alley.The linear distance shall be measured in a
straight line from the nearest point of the garage,carport or fenced area to the access point at the
street property line. In the case ofplatted lots, no more than two consecutive lots may be reduced to
10 feet.
9.Residences shall have a setback of at least 50 feet from any property line ifadjoining an
agricultural zone either within or outside the city limits.
10.For townhomes or apartment developments,the setback shall be the greater of:
a. 20 feet along any property line abutting R-4.5 through R-8, and WR R4-8 zones; or
b.The average setback of the R-4.5 through R-8 zoned and platted single-family detached dwelling
units from the common property line separating said dwelling units from the adjacent townhome or
apartment development,provided the required setback applied to said development shall not exceed
60 feet.The setback shall be measured from said property line to the closest point of each single-
family detached dwelling unit,excluding projections allowed per MMC 19.12.160 and accessory
ORDINANCE-2007DEVCODEA.MEND 40F
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structures existing at the time the townhome or apartment development receives approval by the
city.
11.Townhome setbacks are reduced to zero (0) on an interior side yard setback where the units
have a common wall for zero lot-line developments.
12.Townhome setbacks are reduced to five (5) feet on side yard setbacks provided the builclings
meet a ten (10) feet separation between structures.
13. Single-family detached units on inclividuallots within the R-12-28,andWR 6-18 zones shall
utilize the climensional requirements of the R-8 zone,except the base density.
14.Provided that the front yard setback shall be established as the point at which the lot meets the
minimum width requirements.On a case-by-case basis, the street setback may be reduced to the
minimum of 20 feet;provided,that the portion ofthe structure closest to the street is part of the
"living area," to avoid having the garage become the predominant feature on the lot.
15.Subject to MMC 19.06.580(2).
16.Required landscaping setbacks for developments on the north side of Soper Hill Road are 25
feet from the edge ofsidewalk.
17.Projects with split zoning (two or more clistinct land use zones) may propose a master site plan
to density average at the zone edge or moclify the zone boundaries using topography,access, critical
areas, or other site characteristics in order to provide a more effective transition between land uses
and zones.Approval is at the cliscretion of the Community Development Director.
(Ord. 2413 §§1,2,3,2002;Ord.2298 §§13, 14, 1999;Ord.2151 §10, 1997;Ord.2145 §§5, 6,
1997;Ord.2131, 1997).
19.12.040 Resource and commercial/industrial zones.
(1)Densities and Dimensions.
Standards NB CB GC DC MU BP LI GI REC P/I WR- WR-
(15)MU CB
(18) (18)
Base density: (8) 12 12 12 28 (1)- ----12 --
Dwelling
unit/acre
Maximum -None None None 34 (2)--- --18 -
density:(16) (16)(16)
Dwelling
unit/acre
Minimum street 20 ft.None None None None None None None 20 ft.None None None
setback (4)(10) (10) (10) (10)(10) (10)(10) (10)(10)(10,
(11)(11)(11)17)
(17)
Minimum 10 ft.None None None 5 ft.None None None None 5 ft.None
ORDINANCE-20D?DEV CODE AMEND
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(2)Development Conditions.
interior setback side (6) (6) (6) (12) (6) 50 (6) (6) (6) (12)(6)
20 ft.ft. (7)50 ft.(19)
rear (7)(20)
Base height (9)25 ft. 55 ft. 35 ft. 85 ft. 45 ft., 45 ft. 65 ft. 65 ft. 35 ft. 45 ft. 45 ft. 55 ft.
65 ft.
(13)
Maximum 75% 85% 85% 85% 85%, 75% 85% 85% 35% 75% 85%, 85%
impervious 75%75%
surface:(14)(21)
Percentage ..
1.These densities are allowed only through the application ofmixed use development standards.
2.These densities may only be achieved in the downtown portion of Planning Area 1 through the
application ofresidential density incentives,see Chapter 19,26 MMC.
3. (Reserved).
4. Gas station pump islands shall be placed no closer than 25 feet to street front lines.Pump island
canopies shall be placed no closer than 15 feet to street front lines.
5. (Reserved).
6. A 25-foot setback is required on property lines adjoining residentially designated property.
7. A 50-foot setback only required on property lines adjoining residentially designated property for
industrial uses established by conditional use permits,otherwise no specific interior setback
requirement.
8. Residential units are permitted iflocated above a ground level commercial use.
9.Height limits may be increased when portions ofthe structure building which exceed the base
height limit provide one additional foot ofstreet and interior setback beyond the required setback
for each foot above the base height limit.
10. Subject to sight distance review at driveways and street intersections.
11. A 20-foot setback is required for multiple-family structures outside of the downtown portion of
Planning Area 1.
12. A IS-foot setback is required for 1)commercial or multiple family structures on property lines
adjoining single-family residentially designated property,and 2) a rear yard of a multi-story
residential structure otherwise no specific interior setback requirement.Interior setbacks may be
reduced where features such as critical area(s) and buffer(s),public/private right ofway or access
easements,or other conditions provide a comparable setback or separation from adjoining uses.
ORDINANCE-2DD?DEVCODEAMEND 60F
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13.The 65-foot base height applies only to the downtown portion of Planning Area 1.The 45-foot
base height applies to the sontheast sector ofthe downtown vision plan area, as incorporated into
the city ofMarysville comprehensive plan.
14.The 85 percent impervious surface percentage applies to commercial developments,and the 75
percent rate applies to multiple-family developments.
15.Reduced building setbacks and height requirements may be approved on a case-by-case basis to
provide flexibility for innovative development plans;provided,that variance requests which are
greater than 10 percent of the required setback shall be considered by the hearing examiner.
16.Subject to the application of the residential density incentive requirements ofChapter 19.26
MMC.
17.Required landscaping'setbacks for developments on the north side of Soper Hill Road are 25
feet from the edge ofsidewalk.
18.Projects with split zoning (two or more distinct land use zones)may propose a site plan to
density average or adjust the zone boundaries using topography,access, critical areas, or other site
characteristics in order to provide a more effective transition
19.Townhome setbacks are reduced to zero (0) on an interior side yard setback where the units
have a common wall for zero lot-line developments.
20.Townhome setbacks are reduced to five (5) feet on side yard setbacks provided the buildings
meet a ten (10) feet separation between structures.
21. 85 percent impervious surface percentage applies to commercial development area,and the 75
percent coverage applies to multiple family development area.
Section 3:Chapter 19.06 MMC is hereby amended by amending MMC 19.16.090 to read
as follows:
19.16.090 Required landscape buffers.
Table 1
Proposed use Adjacent use Width Type of
of buffer
buffer
Commercial Property designated single-family by the 20'A*
Marysville comprehensive plan.
Commercial Property designated multiple-family by the 10'B*
Marysville comprehensive plan.
Commercial,industrial,multi-Public right-of-way or private access roads 30 10'C
family and business park parking feet wide or greater.
areas and drive aisles
Commercial,industrial,multi-Public arterial right-of-way.15'C
family and business park parking
areas and drive aisles
ORDINANCE-20D?DEV CODEA11END 7 OF
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Industrial and business parks Property designated residential by the Marysville 25'A
comprehensive plan.
Industrial,Commercial and 1-5 or S.R. 9 right-of-way.15'B
business park building and
parking areas
Apartment)townhouse,or Property designated single-family by the 10'A*
group residence Marysville comprehensive plan.
Storm water management Public right-of-way or private access roads 30 5'E ***
facility feet wide or greater. ***
Outside storage or waste area or 5' A**
above ground utility boxes
WCF and/or base station not in Property designated residential by the Marysville 10'A*
ROW comprehensive plan or on property designated
residential by the comprehensive plan.
* Plus a six-foot sight-obscuring fence or wall.
**Or a six-foot sight-obscuring fence or concrete wall.
***Screening ofstorm water facilities shall be extended to cover all sides visible from a public right-
of-way and shall be consistent with Section 4.1 (34-38)ofthe Administrative Landscaping
Guidelines.
(Ord. 2625 §5, 2006;Ord.2480 §2, 2003;Ord.2412 §1, 2002;Ord.2298 §18, 1999; Ord. 2151 §
13,1997;Ord. 2145 §9, 1997;Ord.2131, 1997).
Section 4:Chapter 19.18 MMC is hereby amended by amending MMC 19.18.160to read as
follows:
19.18.160 Spaces required.
The required number of off-street parking spaces shall be in conformance with the following, and
h I dd ilh lied i flicri .were a ternatrve stan at s preva ,t e greater aPPJ e In con ctmz computations.
LAND USE MINIMUM REQUIRED SPACES
RESIDENTIAL USES
Single-family dwellings, duplexes,Two per dwelling;provided that a driveway or guest parking
townhouses,and mobile homes space (1 space per unit) is also required,where an enclosed
private garage is utilized to meet required parking and provided
further that parking spaces behind other required parking
spaces (a.k.a."tandem parking'')will not be counted towards
the total required parking in a development.
Accessory dwelling units One space per dwelling unit
Multiple-family dwellings, one One and one-halfper dwelling unit
bedroom per unit
Multiple-family dwellings, two or One and three-fourths per dwelling unit
ORDINANCE-2007 DEVCODEAMEND 80r
11
more bedrooms
Retirement housing and apartments One per dwelling
Mobile home parks Two per unit, plus guest parking at one per four lots
Rooming houses,similar uses One per dwelling
Bed and breakfast accommodations One space for each room for rent, plus two spaces for the
principal residential use
RECREATIONAL/CULTURAL USES
Movie theaters One per four seats
Stadiums,sports arenas and similar One per eight seats or one per 100 sq. ft.ofassembly space
open assemblies without fixed seats
Dance halls and places ofassembly One per 75 sq. ft.ofgross floor area
w/ a fixed seats
Bowling alleys Five per lane
Skating rinks One per 75 sq. ft.ofgross floor area
Tennis courts,racquet clubs,One space per 40 sq. ft.ofgross floor area used for assembly,
handball courts and other similar plus two per court
commercial recreation
Swimming pools (indoor and One per 10 swimmers,based on pool capacity as defined by the
outdoor)Washington State Department ofHealth
Golfcourses Four spaces for each green,plus 50 percent of spaces otherwise
required for any accessory uses (e.g.,bars,restaurants)
Gymnasiums,health clubs One space per each 200 sq. ft.ofgross floor area
Churches,auditoriums and similar One per four seats or 60 lineal inches of pew or 40 sq. ft. gross
enclosed places of assembly floor area used for assembly
Art galleries and museums One per 250 sq. ft.of gross floor area
COMMERCIAL/OFFICE USES
Banks,business and professional One per 400 sq. ft. gross floor area
offices (other than medical and
dental) with on-site customer
service
Retail stores and personal service If<5,000 sq. ft. floor area, one per 600 sq. ft. gross floor area;
shops unless otherwise provided If>5,000 sq. ft. floor area, eight plus one per each 300 sq. ft.
herein gross floor area
Grocery stores One space per 200 sq. ft.of customer service area
Barber and beauty shops One space per 200 sq. ft.
Motor vehicle sales and service Two per service bay plus one per 1,000 sq. ft.of outdoor
display
Motor vehicle or machinery Two plus two per service bay
repair,without sales
Mobile home and recreational One per 3,000 sq. ft.ofoutdoor display area
vehicle sales
ORDINANCE-2007 DEVCODE AMEND
90F
11
Motels and hotels One per unit or room
Restaurants,taverns,bars with If <4,000 sq. ft.one per 200 sq. ft. gross floor area;If >
on-premises consumption 4,000 sq. ft. 20 plus one per 100 sq. ft. gross floor area
Drive-in restaurants and similar One per 75 sq. ft.ofgross floor area. Stacking spaces shall be
establishments,primarily for auto-provided in accordance with MMC 19.18.095, Stacking spaces
borne customers for drive-through facilities
Shopping centers If <15,000 sq. ft.: five spaces per 1,000 sq. ft.of gross floor
area;If>than 15,000 sq. ft.ofgross floor area: four spaces per
1,000 sq. ft.ofgross floor area
Day care centers One space per staff member,and one space per 10 clients. A
paved unobstructed pick-up area shall be set aside for dropping
offand picking up children in a safe manner that will not cause
the children to cross the parking area or lines of traffic
Funeral parlors,mortuaries or One per four seats or eight feet of bench or pew or one per
cemeteries 40 sq. ft.of assembly room used for services if no fixed seating
is provided
Gasoline/service stations One per employee plus one per 200 sq. ft. gross floor area
w/grocery
Adult facilities as defined by One per 75 sq. ft.of gross floor area or, in the case of an
MMC 19.06.012 adult drive-in theater,one per viewing space
HEALTH SERVICES USES
Nursing homes,convalescent One per five beds plus one space per employee and medical
homes for aged staff
Medical and dental clinics One per 200 sq. ft. gross floor area
Hospitals One per two beds, excluding bassinets
EDUCATIONAL USES
Elementary - Jr.high schools Five plus one per each employee and faculty member
(public and private)
Senior high schools (public and One per each 10 students plus one per each employee or
private)faculty member
Commercial/vocational schools One per each employee plus one per each two students
PUBLIC/GOVERNMENT USES
Public utility and governmental One per 400 sq. ft.of gross floor area
buildings
Libraries One per 250 sq. ft.of gross floor area
MANUFACTURING/WAREHOUSE USES
Manufacturing and industrial One per 500 sq. ft.ofgross floor area plus one per each two
uses of all types,except a building employees on maximum working shift
used exclusively for warehouse
purposes
Warehouses,storage and One per each two employees on maximum working shift
ORDINANCE-2007 DEV CODE AMEND
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wholesale businesses
Mini self-storage One per each 50 storage cubicles equally distributed and
proximate to storage buildings. In addition,one space for each
50 storage cubicles to be located at the project office
(Ord. 2526 §12, 2004;Ord.2298 §22, 1999;Ord.2131, 1997).
Section 5.Marysville Municipal Code Chapter 19.37 is hereby repealed.
Section 6:Chapter 20.24 MMC is hereby amended by amending MMC 20.24.060 to read
as follows:
20.24.060 Building design with natural slope.
The design and development of subdivisions shall attempt to preserve the topography of the site
by selection and location of buildings which fit the natural slope of the land.Proposals to alter
geologic hazard areas will be reviewed in accordance with Chapter 19.24 MMC, Critical Areas
Management.(Ord. 1986, 1994).
Section 7.Severability.If any section,subsection,sentence,clause,phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court ofcompetent 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.
Date ofPublication:
PASSED by
Dreml",,a
By:
Approved as to form:Q
By:UA-crV-7C fA ,)0
......GRANT K.WEED,CITYATTOEY
(&(\~I61
Effective Date:I 21n /01
(5 days after publi atiod)
loi+\day of
ORDINANCE-2007 DEVCODEAMEND 11 OF
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