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Home My WebLink AboutO-2788 - Adds Ch. 19.14C, development standards for downtown master plan area (Repealed by 2852)CITYOF MARYSVILLE Marysville,Washington ORDINANCE No.;)..7 ZE AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADOPTING THE DOWNTOWN MASTER PLAN AND AMENDING THE CITY'S DEVELOPMENT REGULATIONS BY ADOPTING CHAPTER 19.14C MMC. WHEREAS,the City ofMarysville has proposed ll1lderRCW 36.70A.130(2)(a)(ii)to am.end its comprehensive plan by the adoption ofthe Downtown Master Plan;and WHEREAS,any amendment or revision to a comprehensive land use plan must conform to RCW 36.70A.l30;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 the Downtown Master Plan 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 ofthe WashingtonState Department ofCommerce (DOC)and has submitted to DOC the proposed needed revisions to the City's Coniprehensive 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 a Supplemental Environmental Impact Statement for the City's Comprehensive Plan and Development Regulations;and WHEREAS,the City received public comments onthe revisions to the Comprehensive Plan and development regulations,which comments the City has duly considered in adopting the needed revisions to the Comprehensive Plan and development regulations set forth in the Downtown Master Plan;and WHEREAS,the City's Commll1lity Development Department mailed notice ofthe draft plan and regulations to property owners,residents,agencies and parties ofrecord,and held a community meeting to present the plan and accept public comments on July 30,2009; ORDINANCE -I /wpflmv/otd.Downtown Master Plan comp plan-dey reg WHEREAS,the Planning Commission held public meetings on the Downtown Master Plan on July 14,2009 and September 22,2009 and a public hearing on October 13,2009, 2009;and WHEREAS,before adopting the needed reViSIons to the Comprehensive Plan and development regulations set forth in the Downtown Master Plan,the City Council has considered the public testimony,the report of staff,and 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 ofMarysville has established and implemented a pUblic participation program for reviewing the proposed adoption ofthe Downtown Master Plan and the proposed revisions to the City's development regulations.The public participation program consisted ofthe 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 of and response to public comm.ents.Notice ofthe public meetings and hearings was given by: (a)mailing notices to property ovvnersand 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 Downtown Master Plan to ensure compliance with the GMA and ensure internal consistency with policies and designations ofthe comprehensive plan.This review has been conducted by the City's Planning CoJ:nmission,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 Comprehensive Plan and development regulations as set forth in the Downtown Master Plan,which is set forth in the ORDINANCE - 2 /wpflmv/ord.Downtown Master Planconip plan-dey reg attached Exhibit A. Section 3.Approval ofPlanning Commission's RecolIl111endation and Adoption of Findings and Conclusions. The City Council hereby approves the Planning Commission's recommendation with nrinor 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 ofDowntown Master Plan Amending the City ofMarysville Comprehensive Plan. The City Council hereby amends the City ofMarysville Comprehensive Planby adopting the Downtown Master Plan,which is attached hereto as Exhibit A and is incorporated herein by this reference. Section 5.Title 19 of the Marysville Municipal Code is hereby amended by adopting Chapter 19.14C MMC to read as follows: Chapter 19.14C DEVELOPMENT STANDARDS- DESIGN REQUIREMENTS FOR THE DOWNTOWN MASTER PLAN AREA Sections: 19.14C.OIO Purpose. 19.14C.020 Applicability and interpretations. 19.14C.OIO Purpose. .The purpose of this chapter is to apply the Guidelines in the Downtown Master Plan,as adopted by Ordinance No.2-1ft:as legally required standards for new construction in the Downtown MasterPlan Area (MPA).It is also the purpose of this chapter to: (1)Encourage the realization and creation ofa desirable and aesthetic environ11lent in the Downtown MPA; (2)Encourage and promote development which features amenities and excellence in site plannin.g,streetscape,building design and contribution to cOlIl111uuity 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 commuuity development; (5)Implement the City's Comprehensive Plan vision,which calls for a vibrant,pedestriall- friendly mixed-use centerthat includes an accessible and revitalized waterfront,active core,and ellhanced design and landscaped setting;and (6)Ensure attractive,functional development,promote social and economic vitality,and foster safety,comfort,interest,and identification between people and the downtown. ORDINANCE - 3 Iwpf/mv/ord.Downtown MasterPlail camp planMdev reg 19.14C.020 Applicability and interpretations. (I)Applicability. (a)The Guidelines set forth in the Downtown Master Plan,as adopted by Ordinance No.d-~,shall apply to new construction in the Downtown MPA,as set forth in AJ ofthe Guidelines. (b)The Guidelines shall be legally required standards,which shall be applied by the city to development approvals and permits in the DowntownMPA,as set forth in A.3 ofthe Guidelines. (c)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 interestand 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 and Downtown master plan.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",orwords 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. (ii)The word "should",or words with its equivilant meaning,mean that the development proposal will comply with the standardunless the director fInds that: (A)The standard is not applicable in the particular instance; (13)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 encourag·ed ""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 of the standard has been met. Section 6.Severability. Ifany 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 of this ORDINANCE - 4 Iwpflmv/ord.DowntownMaster Plan carrip plan-dey reg Ordinance. Section 7.Effective Date. This Ordinance shall take effect five days after its pUblication by summary. eat~\P~~ED.by the City Council and APPROVED by the Mayor thisd.~ay of OQ)e.'l ,2009. CITYOFM'.RYS~ByL~ DENNIS L.KEN ALL,Mayor ATTEST: Approved as to form: BY~DI~Q G~KWEED,dty Attorney Date ofPUblication:--lQ{2..'~It>S • Effective Date (5 days after publication):~ ORDINANCE -5 IWpf7mv/ord.DowntoWIi Master Plan comp plan·dev reg