HomeMy WebLinkAboutO-2738 - Adds Ch. 19.14A; amends comprehensive plan, Smokey Point master plan area (Repealed by 2852)CITYOF MARYSVILLE
Marysville,Washington
ORDINANCE No.;)738
AN ORDINANCE OF THE CIlY OF MARYSVILLE,
WASHINGTON, AMENDING THE CITY'S COMPREHENSIVE
PLAN BY ADOPTING THE INITIAL SUBAREA PLAN FOR THE
SMOKEY POINT AREA AND AMENDING THE CIlY'S
DEVELOPMENT REGULATIONS BY ADOPTING CHAPTER
19.14AMMC.
WHEREAS,the City ofMarysville has proposed under RCW 36.70A.130(2)(a)(ii)to
amend its comprehensive plan by the initial adoption ofa subarea plan for the Smokey Point area;
and
WHEREAS,any amendment or revision to a comprehensive land use plan must conform
to RCW 36.70A.130;and
WHEREAS,the City ofMarysville has met the spirit and intent ofRCW 36.70A.130 by
(I)providing for a public participation program set forth in Section I below, by (2)reviewing and
identifying needed revisions to the Comprehensive Plan and development regulations, as
described in Section 3 below, and by (3) adopting a subarea plan for the Smokey Point area as set
forth in the attached Exhibit A; and
WHEREAS,in taking the actions set forth in this Ordinance,the City ofMarysville has
made a good faith effort to comply with the recommendations ofCTED and has submitted to
CTED the proposed needed revisions to the City's Comprehensive Plan and development
regulations as required by RCW 36.70A.106;and
WHEREAS,in taking the actions set forth in this Ordinance,the City ofMarysville has
complied with the requirements ofthe State Environmental Policy Act,Ch.43.2IC RCW, (SEPA)
by issuing Addendum 14 to the Final EIS for the City's Comprehensive Plan and Development
Regulations;and
WHEREAS,the City received numerous comments on the revisions to the
Comprehensive Plan and development regulations from citizens, property owners, legal counsel,
consultants,environmental groups,developer organizations,and government entities, which
comments the City has duly considered in adopting the needed revisions to the Comprehensive
Plan and development regulations set forth in the subarea plan for the Smokey Point area; and
ORDINANCE - I
Iwpf/mv/ord.Smokey Pointcampplan-dey reg
WHEREAS,the Planning Commission held workshops on the draft subarea plan on
March 25,April 8,and April 22,2008 and a public hearing on May 6,2008;and
WHEREAS,the City Council held a public meeting on June 9,2008,at which further
public input was allowed on the subject ofthe proposed subarea plan recommended by the
Planning Commission;and
WHEREAS,before adopting the needed revisions to the Comprehensive Plan and
development regulations set forth in the subarea plan for the Smokey Point area, the City Council
has considered the public testimony,the report ofstaffand the Planning Commission;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section I.Public Participation Program.
The City ofMarysville has established and implemented a public participation program for
reviewing the proposed adoption ofthe subarea plan for the Smokey Point area and the proposed
revisions to the City's development regulations.The public participation program consisted of
the meetings and hearings set forth above and in the attached Exhibit B.The program has
provided for broad dissemination ofproposals and alternatives,opportunity for written comments,
public meetings after effective notice,provision for open discussion,communication programs,
information services,and consideration ofand response to public comments.Notice ofthe public
meetings and hearings was given by:
(a)mailing notices to property owners and residents;
(b)publishing notices in newspapers ofgeneral circulation in the City and region;
(c)notifying public and private groups with known interest in a certain proposal or type
ofproposal being considered;
(d)posting notices at City buildings and the post office; and
(e)making copies ofthe proposals and alternatives available for purchase or for review at
the public library, City website, and City Hall.
Section 2. Review and Identification ofNeeded Revisions to the Comprehensive Plan and
Development Regulations.
The City ofMarysville has conducted a thorough review ofthe City's Comprehensive Plan and
development regulations to identify revisions needed in the subarea plan to ensure compliance
with the GMA and ensure internal consistency with policies and designations ofthe
ORDINANCE - 2
/wpf/mv/ord.Smokey Point camp plan-devreg
comprehensive plan. This review has been conducted by the City's Planning Commission, staff,
and citizens and has utilized the public participation program set forth in Section I above.
Based on this review, the City has identified needed revisions to the Comprehensive Plan and
development regulations as set forth in the subarea plan for the Smokey Point area, which is set
forth in the attached Exhibit A.
Section 3. Approval ofPlanning Commission's Recommendation and Adoption of
Findings and Conclusions.
The City Council hereby approves the Planning Commission's recommendation with minor
revisions as set forth in the attached Exhibit A and adopts the Findings and Conclusions set forth
in the attached Exhibit B.
Section 4.Adoption ofSubarea Plan Amending the City ofMarysville Comprehensive
Plan.
The City Council hereby amends the City ofMarysville Comprehensive Plan by adopting the
subarea plan for the Smokey Point area, which is entitled the "Smokey Point Master Plan, May
2008",is attached hereto as Exhibit A, and is incorporated herein by this reference.
Section 5. Title 19 ofthe Marysville Municipal Code is hereby amended by adopting
Chapter 19.14 A MMC to read as follows:
Chapter 19.14A
DEVELOPMENT STANDARDS-
DESIGN REQUIREMENTS FOR THE SMOKEY POINT MASTER PLAN AREA
Sections:
19.14A.01O Purpose.
19.14A.020 Applicability and interpretations.
19.I4A.01O Purpose.
The purpose ofthis chapter is to apply the Design Guidelines in the Smokey Point Master Plan,
as adopted by Ordinance No.__, as legally required standards for all new construction in the
Smokey Point Master Plan Area (MPA).It is also the purpose ofthis chapter to:
(I)Encourage the realization and creation ofa desirable and aesthetic enviromnent in the
Smokey Point MPA;
(2)Encourage and promote development which features amenities and excellence in site
planning, streetscape,building design and contribution to community charm;
(3) Encourage creative approaches to the use ofland and related physical developments;
(4)Minimize incompatible and unsightly surroundings and visual blight which prevent orderly
community development;
ORDINANCE - 3
Iwpf/mv/ord.Smokey Pointcompplan-dev reg
(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and
commercial services, to create economic and social vitality and to encourage the linking of
vehicle trips;
(6) Develop commercial and mixed use areas that are safe,comfortable and attractive to
pedestrians;
(7)Reinforce streets as public places that encourage pedestrian and bicycle travel;
(8) Reduce opportunities for crimes against persons and property;
(9)Minimize land use conflicts and adverse impacts;
(10) Provide roadway and pedestrian connections between residential and commercial areas;
(II)Provide public places and open space networks to create gateways,gathering places, and
recreational opportunities that enhance the natural and built environment.
19.14A.020 Applicability and interpretations.
(1)Applicability.
(a) The Design Guidelines set forth in the Smokey Point Master Plan, as adopted by
Ordinance No.----'shall apply to all new construction in the Smokey Point MPA.
(b) The Design Guidelines shall be legally required standards, which shall be applied by
the city to all development approvals and permits in the Smokey Point MPA
(c) The following activities shall be exempt from these standards:
(i)Construction activities which do not require a building permit;
(ii)Interior remodels ofexisting 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 ofthe existing horizontal square footage
ofthe use or structure; and
(B)Constitutes less than 10 percent ofthe 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.
(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", or words with their equivilant
meaning, 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
(B) The development proposal meets the intent ofthe standards in some other
manner.
ORDINANCE - 4
Iwpf/mv/ord.Smokey Point comp plan-dev reg
(ii)The word "should",or words with its equivilant meaning,mean 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 ofthe 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""can""consider""help"and "allow" or"",words with their equivilant meaning,mean that the action or characteristic is allowed and will
usually be viewed as a positive element in the city's review.
(c)The project proponent may submit proposals that he/she feels meet the intent ofthe
standards but not necessarily the specifics ofone or more standards.In this case, the director will
determine ifthe intent ofthe standard has been met.
Section 6.Severability.
If any section,sentence,clause,ofphrase ofthis Ordinance is held to be invalid or
unconstitutional by a court ofcompetent jurisdiction,such invalidity or unconstitutionality shall
not affect the validity or constitutionality ofany other section,sentence,clause,or phrase ofthis
Ordinance.
•Section 7.Effective Date.
This Ordinance shall take effect five days after its publication by summary.
___PASSED by the City Council and APPROVED by the Mayor this Cf#'day of
...JIA ne..-,2008.
CITY F MARYSVILLE
By·-»,~~~~~~~~
DENNIS L.KENDALL,Mayor
ATTEST:
Approved as to form:
ORDINANCE - 5
Iwpf/mv/ord.Smokey Pointcomp plan-devreg
By~KW~
GRANT K. WEED, City Attorney
Date ofPublication:<'e /;/ /0 ~
J '
Effective Date (5 days after publication):
ORDINANCE - 6
Iwpf/mv/ord.Smokey Pointcompplan-dev reg