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Home My WebLink AboutO-2762 - Adds Ch. 19.14B; amends East Sunnyside/Whiskey Ridge master plan area (Repealed by 2852)CITYOF MARYSVILLE Marysville, Washington ORDINANCE NO. J.-70d.- AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING THE CITY'S DEVELOPMENT REGULATIONS BY ADOPTING DESIGN STANDARDS AND GUIDELINES AND STREETSCAPE PLAN FOR THE EAST SUNNYSIDEIWHISKEY RIDGE MASTER PLAN AREA AND BY ADOPTING CHAPTER 19.14B MMC. 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.I06 requires the processing of amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, the City, in reviewing and amending its zoning code and development regulations has complied with the notice, public participation and processing requirements established by the Growth Management Act, as more fully described below; and WHEREAS, in taking the actions set forth in this Ordinance, the City of Marysville has submitted to CTED the proposed revisions to the City's development regulations as required by RCW 36.70A.l06; and WHEREAS, in taking the actions set forth in this Ordinance, the City of Marysville has complied with the requirements of the State Environmental Policy Act, Ch.43.2lC RCW, (SEPA) by issuing a Determination of Non-Significance on October 9, 2008; and WHEREAS, the City received comments on the proposed revisions to the development regulations, which comments the City has duly considered in adopting the needed revisions to the development regulations set forth in the East SunnysidelWhiskey Ridge design standards and ORDINANCE - 1 ord.Whiskey Ridge design guidelines-dey reg guidelines and East SunnysidelWhiskey Ridge Streetscape Design Plan; and WHEREAS, the Community Development staff held a public meeting to discuss the draft design guidelines on September 30, 2008; WHEREAS, the Planning Commission held workshops on the draft design guidelines on June 10, October 14 and a public hearing on October 28,2008; and WHEREAS, the City Council held a public meeting on January 27, 2009, at which further public input was allowed on the subject of the proposed design regulations recommended by the Planning Commission; and WHEREAS, before adopting the needed revisions to the development regulations set forth in the design standards and guidelines and the streetscape design plan for the East SunnysidelWhiskey Ridge subarea, the City Council has considered the public testimony, the report of staff, and the recommendation of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Public Participation Program. The City of Marysville has established and implemented a public participation program for reviewing the proposed revisions to the City's development regulations. The public participation program consisted of the meetings and hearings set forth above. The program has provided for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Notice of the public meetings and hearings was given by: (a) mailing notices to property owners and residents; (b) publishing notices in newspapers of general circulation in the City and region; (c) notifying public and private groups with known interest in a certain proposal or type of proposal being considered; (d) posting notices at City buildings and the post office; and (e) making copies of the proposals available for purchase or for review at the Community Development Department and City website. Section 2. Review and Identification of Needed Revisions to the Comprehensive Plan and Development Regulations. ORDINANCE - 2 ord.Whiskey Ridge design guidelines-dev reg The City of Marysville has conducted a thorough review of the development regulations to identify revisions needed in the East Sunnyside/Whiskey Ridge subarea plan to ensure compliance with the GMA and ensure internal consistency with policies and designations of the 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 1 above. Based on this review, the City has identified needed revisions to the development regulations as set forth in the design standards and guidelines and streetscape design plan for the East SunnysideIWhiskey Ridge subarea, which is set forth in the attached Exhibit A. Section 3. Adoption of Design Standards and Guidelines and Streetscape Plan for East SunnysideIWhiskey Ridge Master Plan Area--, The City Council hereby adopts the Design Standards and Guidelines and the Streetscape Plan for the East Sunnyside/Whiskey Ridge Master Plan Area, as set forth in the attached Exhibit A. Section 4 Title 19 of the Marysville Municipal Code is hereby amended by adopting Chapter 19.14 B MMC to read as follows: Chapter 19.14B DEVELOPMENT STANDARDS DESIGN REQUIREMENTS FOR THE EAST SUNNYSIDEIWHISKEY RIDGE MASTER PLAN AREA Sections: 19.14A.OlO Purpose. 19.14A.020 Applicability and interpretations. 19.14A.OlO Purpose. The purpose of this chapter is to apply the Design Standards and Guidelines in the East SunnysideIWhiskey Ridge Design Standards and Guidelines and the East SunnysideIWhiskey Ridge Streetscape Design Plan, as adopted by Ordinance No. __ , as legally required standards for all new construction in the East Sunnyside/Whiskey Ridge Master Plan Area (MPA). It is also the purpose of this chapter to: (1) Encourage the realization and creation of a desirable and aesthetic environment in the East SunnysideIWhiskey Ridge MPA; (2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community aesthetic appeal; (3) Encourage creative approaches to the use of land and related physical developments; (4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development; (5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, in order to create economic and social vitality and encourage the linking of vehicle trips; ORDINANCE - 3 ord.whiskey Ridge design guidelines-dey reg (6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians; (7) Support the use of 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; (11) 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 East SunnysidelWhiskey Ridge Master Plan, as adopted by Ordinance No. __, shall apply to all new construction in the East SunnysidelWhiskey Ridge 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 East SunnysidelWhiskey RidgeMPA. (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. (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 of the standards in some other manner. (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; ORDINANCE - 4 ord. Whiskey Ridge design guidelines-dey reg (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" "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 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. Section 6. Severability. Ifany section, sentence, clause, of phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this 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 ;)...f.o~ day of -:\OnWA~J-' 2009. ::yc;~ DENNIS L. KENDALL, Mayor ATTEST: Approved as to form: B. &<d1C~~ GRXNT K. WEED, Cit;ttOl11ey ORDINANCE - 5 ord. Whiskey Ridge design guidelines-deY reg Date of Publication: II J.'1/() q, Effective Date (5 days after publication): 'II ?,.!i21 --} I ORDINANCE - 6 ord. Whiskey Ridge design guidelines-dey reg