HomeMy WebLinkAboutO-3073 - Relating to the Critical Areas OrdinanceCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 0 't 3
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO THE CRITICAL AREAS ORDINANCE, AMENDING
SECTIONS 22E.010.060 AND 22E.010.100 OF THE MARYSVILLE
MUNICIPAL CODE.
WHEREAS, the State Growth Management Act, RCW Chapter 36. 70A 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.106 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 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 municipal code and
development code (MMC Title 22); and
WHEREAS, the development code amendment is consistent with the following
required findings of MMC 22G.010.500:
(1) The amendment is consistent with the purposes of the comprehensive plan;
(2) The amendment is consistent with the purpose of this title;
(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.
WHEREAS, the Planning Commission discussed the above-referenced amendment
during public meetings held on July 25, 2017, September 12, 2017, and November 14, 2017;
and
WHEREAS, on November 14, 2017, the Marysville Planning Commission held a duly-
advertised public hearing; and
WHEREAS, on November 14, 2017, the Marysville Planning Commission
recommended City Council adopt the proposed amendments to the City's development
regulations; and
WHEREAS, at a public meeting on December 11, 2017, the Marysville City Council
reviewed and considered the Marysville Planning Commission's Recommendation and
proposed amendments to the City's development regulations; and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on October 19, 2017, seeking
expedited review under RCW 36.70A.160(3)(b) in compliance with the procedural
requirement under RCW 36.70A.106; 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
proposed revisions to the City's development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code. MMC Section 22E.010.060, entitled
"Wetland rating and classification," is hereby amended as follows:
.. ?..~.r;-~ .. 4?.~.Q.~.Q.f?..~ .... W..~.~-!.~.r.1.~ ... r~.~-i.i::i.9 ... ~.i::i.~ ... ~.!.~.~1!".~f.!~~-~-!.~.~-~ .................................................................................................................................................. ..
(1) Classification. Wetlands shall be classified as Category I, II, III, or IV using the Washington
State Department of Ecology's Wetland Rating System for Western Washington, Publication
No. 04 06 025 14-06-029, or as amended hereafter. Wetland delineations shall be
determined by using the Washington State Wetlands Identification and Delineation Manual,
March 1997, or as amended hereafter current approved federal wetland delineation manual
and applicable regional supplements.
(2) Sources used to identify designated wetlands include, but are not limited to:
(a) United States Department of the Interior, Fish and Wildlife Service, National
Wetlands Inventory.
(b) Areas identified as hydric soils, soils with significant soil inclusions and "wet
spots" with the United States Department of Agriculture/Soil Conservation
Service Soil Survey for Snohomish County.
(c) Washington State Department of Natural Resources, Geographic Information
System, Hydrography and Soils Survey Layers.
(d) City of Marysville critical areas inventory maps.
Section 2. Amendment of Municipal Code. MMC Section 22E.010.100, entitled
"Wetland buffer areas," is hereby amended as follows:
.?..?..l::.~ .. 9.1.:.9..~J.9.9. ... W..c:!.~1.~.r.1.~ .... !:l.~.ff.~.r.. .. ~.r..c:!.~~-~---............... ' ........... "' ............ ' .................................................................................................................................... .
(1) The establishment of wetland buffer areas shall be required for all development proposals
and activities adjacent to wetlands to protect the integrity, function and value of the
wetland. Buffers shall consist of an undisturbed area of native vegetation established to
protect the functions and values of the wetland. Buffers shall be determined in conjunction
with considerations of wetland category and quality, approved wetland alterations and
required mitigation measures. Buffers are not intended to be established or to function
independently of the wetland they are established to protect; the establishment of a buffer
shall not operate to prevent a use or activity that would otherwise be permitted, as set
forth in MMC 22E.010.080, subsections (7) and (8) of this section, and MMC 22E.010.320,
in the wetland subject to mitigation.
(2) Buffers shall be measured from the wetland edge as delineated and marked in the field
using the wetland delineation methods defined in Chapter 22A.020 MMC. Required buffer
widths shall reflect the sensitivity of the wetland and its category and intensity of human
activity proposed to be conducted near the wetland.
(3) Where existing buffer area plantings provide minimal vegetative cover and cannot provide
the minimum water quality or habitat functions, buffer enhancement shall be required.
Where buffer enhancement is required, a plan shall be prepared that includes plant
densities not less than five feet on center for shrubs and 10 feet on center for trees.
Monitoring and maintenance of plants shall be required in accordance with MMC
22E.010.160, Wetland monitoring program and contingency plan. Existing buffer
vegetation is considered "inadequate" and will require enhancement through additional
native plantings and removal of nonnative plants when:
(a) Nonnative or invasive plant species provide the dominate cover;
(b) Vegetation is lacking due to disturbance, and wetland resources could be
adversely affected; or
(c) Enhancement plantings in the buffer could significantly improve buffer
functions.
(4) The following buffer widths are established as minimum targets. All buffer widths shall be
measured from the wetland boundary as surveyed in the field. If, according to the buffer
mitigation plan, the buffer is not sufficient to protect the wetland, the city shall require
larger buffers where it is necessary to protect wetlands functions based on site-specific
characteristics. As an alternative to the buffer width being based on wetland category, the
buffer width for Category I wetlands may be established according to the "Buffer Alternative
3" methodology contained in the Department of Ecology's document titled, "Freshwater
Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands, Appendix
SC." Buffer Alternative 3 establishes buffer widths based on wetland category, intensity of
impacts, and wetland functions or special characteristics.
Wetland Buffer Widths
Wetland Category Buffer Width
Gat:e§8F'y' I 125 feet:
Ebey Slough 100 feet:
E*Eef3t iA Hie felle•NiA§ leeat:ieA: A8FtA aAEI SOUtA sl=leFe ef 25 feet:
El3ey Sleu§lA 13et:weeA t:fle '>'>'est:eFA Eit:y limit:s, at:
af3f3FD*imat:ely I 5, aAEI 47tA A1<1e. NE
CategorY'. I 125 feet
Ebey Slough 100 feet
North and south shore of Ebey Slough between the western 25 feet
city limits, at a1;wroximately I-5 and 47th Avenue NE
Category II 100 feet
Category III 75 feet
Wetland Category Buffer Width
Category IV 35 feet
(5) Buffer widths may be modified by averaging buffer widths as set forth herein:
(a) Buffer width averaging shall be allowed only where the applicant demonstrates
to the community development department that the averaging will not impair
or reduce the habitat, water quality purification and enhancement, storm water
detention, ground water recharge, shoreline protection and erosion protection
and other functions of the wetland and buffer, that lower-intensity land uses
would be located adjacent to areas where buffer width is reduced, and that the
total area contained within the buffer after averaging is no less than that
contained within the standard buffer prior to averaging;
(b) Buffer reductions may be allowed for Category III and IV wetlands; provided,
that the applicant demonstrates the proposal meets criteria in subsections
(5)(b)(i) through (iii) and either (iv) or (v) of this section. Buffer width reduction
proposals that meet the criteria as determined by the director shall be reduced
by no more than 25 percent of the required buffer and shall not be less than 25
feet in width.
(i) The buffer area meets buffer area planting requirements in
subsection (3) of this section and MMC 22E.010.150 and has less
than 15 percent slopes; and
(ii) A site-specific evaluation and documentation of buffer adequacy is
based on consideration of the best available science as described in
MMC 22E.010.040; and
(iii) Buffer width averaging as outlined in subsection (5)(a) of this
section is not being utilized; and either
(iv) The subject property is separated from the wetland by pre-existing,
intervening, and lawfully created structures, public roads, or other
substantial pre-existing intervening improvements; and the
intervening structures, public roads, or other substantial
improvements arc found to separate the subject upland property
from the wetland due to their height or width, preventing or
impairing the delivery of buffer functions to the wetland, in which
cases the reduced buffer width shall reflect the buffer functions that
can be delivered to the wetland; or
(v) The wetland scores ±9 .1 points or less for wildlife habitat in
accordance with the rating system applied in MMC 22E.010.060, and
mitigation is provided based on MMC 22E.010.150, 22E.010.370,
and Table 2 of this section, when determined appropriate based on
the evaluation criteria in subsection (5)(b)(ii) of this section.
Table 2. Mitigation Measures
Activities That May Cause
Disturbance Disturbance Measures to Minimize Impacts
Lights Parking lots, warehouses, Direct lights away from wetland
manufacturing, high density
residential
Table 2. Mitigation Measures
Activities That May Cause
Disturbance Disturbance Measures to Minimize Impacts
Noise Manufacturing, high density Place activity away from wetland
residentia I
Pets and Residential areas Landscaping to delineate buffer edge and to
Humans discourage disturbance of wildlife by humans
Dust
and pets
Tilled fields Best management practices for dust control
(c) Notwithstanding the reductions permitted in subsections (5)(a) and (b) of this
section, buffer widths shall not be reduced by more than 25 percent of the
required buffer.
(6) The buffer width stated in subsection (4) of this section sA-a-1.f may be increased by 25
percent:
(a) When the qualified scientific professional determines, based upon a site-specific
wetland analysis, that for Category III and IV wetlands the habitat value equals
or exceeds 2:9 .2 points, and for Category II wetlands the habitat value equals
or exceeds~ _a points; or
(b) When the adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse wetland impacts; or
(c) When the standard buffer has minimal or degraded vegetative cover that cannot
be improved through enhancement; or
(d) When the minimum buffer for a wetland extends into an area with a slope of
greater than 25 percent, the buffer shall be the greater of:
(i) The minimum buffer for that particular wetland; or
(ii) Twenty-five feet beyond the point where the slope becomes 25
percent or less.
(7) The community development director may authorize the following low impact uses and
activities, provided they are consistent with the purpose and function of the wetland buffer
and do not detract from its integrity: viewing platforms and interpretive signage; uses
permitted within the buffer shall be located in the outer 25 percent of the buffer.
(8) Trails and Open Space. For walkways and trails, and associated open space in critical
buffers located on public property, or on private property where easements or agreements
have been granted for such purposes, all of the following criteria shall be met:
(a) The trail, walkway, and associated open space shall be consistent with the
comprehensive parks, recreation, and open space master plan. The city may
allow private trails as part of the approval of a site plan, subdivision or other
land use permit approvals.
(b) Trails and walkways shall be located in the outer 25 percent of the buffer, i.e.,
the portion of the buffer that is farther away from the critical area. Exceptions
to this requirement may be made for.;-
( c) Enhancement of the buffer area is required where trails are located in the buffer.
Where enhancement of the buffer area adjacent to a trail is not feasible due to
existing high quality vegetation, additional buffer area or other mitigation may
be required.
(d) Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of
permeable materials; provided, that impervious materials may be allowed if
pavement is required for handicapped or emergency access, or safety, or is a
designated nonmotorized transportation route or makes a connection to an
already dedicated trail, or reduces potential for other environmental impacts.
(9) Utilities may be allowed in wetlands or wetland buffers if limited to the pipelines, cables,
wires and support structures of utility facilities within utility corridors when the following
standards are met:
(a) There is no alternative location with less adverse impact on the critical area and
critical area buffer;
(b) New utility corridors are not located over habitat used for salmonid rearing or
spawning or by a species listed in MMC 22E.010.170(1)(a) unless the
department determines that there is no other feasible crossing site;
(c) To the maximum extent practical utility corridors are located so that:
(i) The width is minimized;
(ii) The removal of trees is minimized;
(iii) An additional, contiguous and undisturbed wetland buffer, equal in
area to the disturbed critical area buffer area including any allowed
maintenance roads, is provided to protect the wetland;
(d) To the maximum extent practical, access for maintenance is at limited access
points into the critical area buffer rather than by a parallel maintenance road.
If a parallel maintenance road is necessary, the following standards are met:
(i) To the maximum extent practical the width of the maintenance road
is minimized and in no event greater than 15 feet; and
(ii) The location of the maintenance road is contiguous to the utility
corridor on the side of the utility corridor farthest from the critical
area;
(e) The utility corridor or facility will not adversely impact the overall wetland
hydrology;
(f) The utility corridor serves multiple purposes and properties to the maximum
extent practical;
(g) Bridges or other construction techniques that do not disturb the wetlands are
used to the maximum extent practical;
(h) Bored, drilled or other trenchless crossing is laterally constructed under a
wetland; provided, that the activity does not interrupt the ground water
connection to the wetland or percolation of surface water down through the soil
column. Specific studies by a hydrologist shall be conducted to determine
whether the ground water connection to the wetland or percolation of surface
water down through the soil column could be disturbed.
(10) Storm water management facilities, such as biofiltration swales and dispersion facilities,
may be located within the outer 25 percent of wetland buffers only if they will have no
negative effect on the functions and purpose the buffers serve for the wetland or on the
hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to
support existing and designated beneficial uses.
(11) For subdivisions and short subdivisions, the applicable wetland and associated buffer
requirements for any development or redevelopment of uses specifically identified in, and
approved as part of, the original subdivision or short subdivision application shall be those
requirements in effect at the time that the complete subdivision or short subdivision
application was filed; provided, that for subdivisions this provision shall be limited to final
plats reviewed and approved under Ordinance No. 1928, "Sensitive Areas," adopted
December 14, 1992, or as amended at the time of final plat approval. However, at the
discretion of the community development director a buffer enhancement plan may be
required in accordance with subsection (3) of this section if the wetland or buffer has
become degraded or is currently not functioning or if the wetland and/or buffer may be
negatively affected by the proposed new development.
(12) Minor additions or alterations, such as decks and minor additions less than 120 square feet,
interior remodels, or tenant improvements which have no impact on the wetland or wetland
buffer, are exempt from the buffer enhancement requirements.
(13) Required buffers shall not deny all reasonable use of property. A variance from buffer width
requirements may be granted by the hearing examiner for the city of Marysville upon
showing by the applicant that:
(a) There are special circumstances applicable to the subject property or to the
intended use such as shape, topography, location or surroundings that do not
apply generally to other properties and which support the granting of a variance
from buffer width requirements; and
(b) Such buffer width variance is necessary for the preservation and enjoyment of
a substantial property right or use possessed by other similarly situated
property but which because of special circumstances is denied to the property
in question; and
(c) The granting of such buffer width variance will not be materially detrimental to
the public welfare or injurious to the property or improvement; and
(d) The granting of the buffer width variance will not materially affect the subject
wetland.
(e) Best available science, as set forth in MMC 22E.010.040, shall be taken into
consideration in the granting of a buffer width variance.
Section 3. Amendment of Municipal Code. MMC Section 22A.010.160, entitled
"Amendments," is hereby amended as follows by adding reference to this adopted ordinance
in order to track amendments to the City's Unified Development Code (all unchanged
provisions of MMC 22A.010.160 remain unchanged and in effect):
"22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
~DI? Critical Areas Ordinance Update
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
word 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.
Section 5. Effective Date. This ordinance shall become effective five days after
the date of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this \) day of
~D~e=c,~e~r'\l\_,_,,lo ...... c___.c~_, 2017.
CITY OF MARYSVILLE
By·~~-. Jo NEHRING/MAYo)(
Attest:
By: ~VIA '&R_cdL_
A frBRI EN-, DEPUTY CITY CLERK
l tn~ ~L
::provel:~
~LKER, CITY ATTORNEY
Date of Publication: \ i. I 1 LP I Z vi I
Effective Date: \ 2-/ 2--1 / z.0 11
(5 days after publication)