HomeMy WebLinkAboutO-3074 - Relating to Residential Density IncentivesCITY OF MARYSVILLE
Marysville, Washington _
ORDINANCE NO. 3 0 f 1
AN ORDINANCE Of THE CITY Of MARYSVILLE, WASHINGTON,
RELATING TO RESIDENTIAL DENSITY INCENTIVES, AMENDING
SECTIONS 22C.090.030 AND 22C.090.060 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.SOO:
(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 a public meeting held on September 12, 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
Code Amendment Residential Density Incentives Page 1of7
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 31, 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 amendments to the development regulations are exempt from State
Environmental Policy Act review under WAC 197-11-800(19);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code. MMC Section 22C.090.030, entitled
"Public benefits and density incentives," is hereby amended as follows:
22C.090.030 Public benefits and density incentives.
(1) The public benefits eligible to earn increased densities, and the maximum
incentive to be earned by each benefit, are set forth in subsection (5:!:.) of this section.
The density incentive is expressed as additional bonus dwelling units (or fractions of
dwelling units) earned per amount of public benefit provided. Where a range is
specified, the earned credit will be determined by the community development director
during project review.
(2) Bonus dwelling units may be earned through any combination of the listed
public benefits.
(3) Residential development in R-12 through R-28 zones with property-specific
development standards requiring any public benefit enumerated in this chapter shall
be eligible to earn bonus dwelling units as set forth in subsection (54) of this section
when the public benefits provided exceed the basic development standards of this title.
When a development is located in a special overlay district, bonus units may be earned
if the development provides public benefits exceeding corresponding standards of the
special district.
(4) The guidelines for affordable housing bonuses, including the establishment of
rental levels, housing prices and asset limitations, 'Nill be updated and adopted annually
by the community development department. The update shall occur no later than June
30th of each year.
(5:1:) The following are the public benefits eligible to earn density incentives through
RDI review:
Benefit Density Incentive
1. Affordable Housing
a. Benefit units consisting of rental housing 1.5 bonus units per benefit, up to a maximum of
permanently priced to serve nonelderly low-30 low-income units per five acres of site area;
income households (i.e., no greater than 30 projects on sites of less than five acres shall be
percent of gross income for household at or limited to 30 low-income units.
below 50 percent of Snohomish County median
income, adjusted for household size). A
covenant on the site that specifies the income
level being served, rent levels and
requirements for reporting to the city shall be
recorded at final approval.
Code Amendment Residential Density Incentives Page 2 of 7
b. Benefit units consisting of rental housing 1.5 bonus units per benefit, up to a maximum of
designed and permanently priced to serve low-60 low-income units per five acres of site area;
income senior citizens (i.e., no greater than 30 projects on sites of less than five acres shall be
percent of gross income for one-or two-person limited to 60 low-income units.
households, one member of which is 62 years
of age or older, with incomes at or below 50
percent of Snohomish County median income,
adjusted for household size). A covenant on
the site that specifies the income level being
served, rent levels and requirements for
reporting to the city of Marysville shall be
recorded at final approval.
c. Benefit units consisting of mobile home park 1.0 bonus unit per benefit unit.
space or pad reserved for the relocation of an
insignia or noninsignia mobile home that has
been or will be displaced due to closure of a
mobile home park located in the city of
Marysville.
2. Public Facilities (Schools, Public Buildings or
Offices, Trails and Active Parks)
a. Dedication of public facilities site or trail 10 bonus units per usable acre of public facility
right-of-way meeting city of Marysville or land or one-quarter mile of trail exceeding the
agency location and size standards for the minimum requirements outlined in other sections
proposed facility type. of this title.
b. Improvement of dedicated public facility site 2 -10 (range dependent on facility improvements)
to city of Marysville standards for the proposed bonus units per acre of improvement. If the
facility type. applicant is dedicating the site of the
improvements, the bonus units earned by
improvements shall be added to the bonus units
earned by the dedication.
c. Improvement of dedicated trail segment to 1.8 bonus units per one-quarter mile of trail
city of Marysville standards. constructed to city standard for pedestrian trails;
or
2.5 bonus units per one-quarter mile of trail
constructed to city standard for multipurpose trails
(pedestrian/bicycle/ equestrian).
Shorter segments shall be awarded bonus units on
a pro rata basis. If the applicant is dedicating the
site of the improvements, the bonus units earned
by improvements shall be added to the bonus
units earned by the dedication.
d. Dedication of open space, meeting city of 2 bonus units per acre of open space.
Marysville acquisition standards, to the city,
county or a qualified public or private
organization such as a nature conservancy.
3. Community Image and Identity
a. IAstallatieA aAElleF eleelieatieA ef' aA 5 BSACIS CIA its 13eF "FAeelitlFA sea le eaAtileveFeel"
ideAtified eity gateway (FJeF eity ef' MaFysville gateway iAstallatieA (fiAal desigA, laAdsea13iAg aAd
gateways FAasteF 13laA). sigAage).
6 BSACIS CIAits 13eF "laFge seale heFi:t:eAtal"
gateway iAstallatieA (fiAal elesigA, laAelsea13ing aAEI
sigAage).
Code Amendment Residential Density Incentives Page 3 of 7
Contribution towards an identified cagital ±8 B8Al:lS l:lAits peF "iAFeFFAatieAal FeaEleF eeaFEI"
im1:2rovement Qroject, including, but not limited gateway iAstallatieA (fiAal design, laAdscapiAg aAEI
to parks, roadways, utilities, gateway sign, etc. si§Aa§e).
±8 B8Al:ls l:lAits peF civic space §ateway (GeFAefeFEI
PaFI<) iFAprnveFAeAt (fiAal Elesi§A, laAElscapiA§ aAd
si§Aage).
5 8eAl:lS l:lAits peF laF§e gateway iFApFe'o<eFAeAt
(fiAal deSi§A, laAdscapiA§ aAd Si§Aa§e).
$15,000 per bonus unit.
4. Historic Preservation
a. Dedication of a site containing an historic 0.5 bonus unit per acre of historic site.
landmark to the city of Marysville or a
qualifying nonprofit organization capable of
restoring and/or maintaining the premises to
standards set by Washington State Office of
Archaeology and Historic Preservation.
b. Restoration of a site or structure designated 0.5 bonus unit per acre of site or 1,000 square
as an historic landmark. feet of floor area of building restored.
5. Locational/Mixed Use
a. Developments located within one-quarter 5 percent increase above the base density of the
mile of transit routes, and within one mile of zone.
fire and police stations, medical, shopping, and
other community services.
b. Mixed use developments over one acre in 10 percent increase above the base density of the
size having a combination of commercial and zone.
residential uses.
6. Storm Drainage Facilities
Dual use retention/detention facilities.
a. Developments that incorporate active 5 bonus units per acre of the storm water facility
recreation facilities that utilize the storm water tract used for active recreation.
facility tract.
b. Developments that incorporate passive 2 bonus units per acre of the storm water facility
recreation facilities that utilize the storm water tract used for passive recreation.
facility tract.
7. Project Design
a. Preservation of substantial overstory 5 percent increase above the base density of the
vegetation (not included within a required zone.
NGPA). No increase in permitted density shall
be permitted for sites that have been cleared
of evergreen trees within two years prior to the
date of application for PRD approval. Density
increases granted which were based upon
preservation of existing trees shall be forfeited
if such trees are removed between the time of
preliminary and final approval and issuance of
building permits.
b. Retention or creation of a perimeter buffer, 1 bonus unit per 500 lineal feet of perimeter buffer
composed of existing trees and vegetation, or retained, enhanced or created (when not
additional plantings, aAElfeF iAstallatieA el' otherwise required by city code).
Code Amendment Residential Density Incentives Page 4 of 7
fencing or landscaping, in order to improve
design or compatibility between neighboring
land uses.
c. Installation of gerimeter fencing or 1 bonus unit ger 500 lineal feet of gerimeter
landscaging, in order to imgrove design or fencing or landscaging installed (when not
comgatibility between neighboring land uses. otherwise reguired by code).
EQ. Project area assembly involving 20 acres or 10 percent increase above the base density of the
more, incorporating a mixture of housing types zone.
(detached/attached) and densities.
El-~. Private park and open space facilities 5 bonus units per improved acre of park and open
integrated into project design. space area. Ongoing facility maintenance
provisions are required as part of RD! approval.
8. Energy Conservation
a. Benefit: l::!nit:s t:l:iat: incorporat:e conservat:ion 0.10 bonl::!s l::!nit: per benefit: l::!nit: t:hat: achieves t:he
feat:l::!res in t:he const:rl::!ct:ion of all on sit:e reql::!ired savings.
dwelling l::!nit:s ql::!alif>ting as Energy St:ar hoffles
per Washingt:on St:at:e Energy Code, as 0.20 bonus unit for each certified unit constructed.
afflended.
Construction of a certified Leadershig in Energy
and Environmental Design (LEED), Evergreen
Sustainable Develogment Standard (ESDS),
Built Green, or other eguivalent certified
energy efficient unit as aggroved by the
director.
9. Low Impact Development (LID)
a. Integration of LID measures in project 5 -10 percent increase over base density (range
design and storm water facility construction. dependent on degree of LID integration in project
design and construction).
10. Pedestrian Connections and Walkability
a. Construction of an identified 1 bonus unit per 75 lineal feet of frontage
pedestrian/bicycle deficiency (per city of improvement (curb, gutter, sidewalks) on minor
Marysville improvement plan). Improvements arterial streets. (Fee in lieu of improvement at
may consist of paved shoulder, sidewalk or $15,000 per bonus unit.)
detached path or walkway depending on 1 bonus unit per 100 lineal feet of frontage
adjoining conditions. improvement (curb, gutter, sidewalks) on
neighborhood collector or collector arterial streets.
1 bonus unit per 300 lineal feet of walkway
improvement (7-foot paved shoulder or walkway).
(Rate may be increased if additional right-of-way
is required.)
11. Critical Areas Buffer Enhancement 1 bonus unit ger acre of buffer enhancement.
Enhancement of a degraded critical areas
buffer, in accordance with MMC Chagter
22E.010 Critical Areas Management.
Section 2. Amendment of Municipal Code. MMC Section 22C.090.050, entitled
"Rules for calculating total permitted dwelling units," is hereby amended as follows:
Code Amendment Residential Density Incentives Page 5 of 7
22C.090.050 Rules for calculating total permitted dwelling units.
The total dwelling units permitted through RDI review shall be calculated using the
following steps:
(1) Calculate the number of dwellings permitted by the base density of the site in
accordance with Chapters 22C.010 and 22C.020 MMC;
(2) Calculate the total number of bonus dwelling units earned by providing the
public benefits listed in MMC 22C.090.030f57;
(3) Add the number of bonus dwelling units earned to the number of dwelling
units permitted by the base density;
( 4) Round fractional dwelling units down to the nearest whole number; and
(5) On sites with more than one zone or zone density, the maximum density shall
be calculated for the site area of each zone. Bonus units may be reallocated within the
zone in the same manner set forth for base units in MMC 22C.010.230 and
22C.020.200.
Section 3. Amendment of Municipal Code. MMC Section 22C.090.060, entitled
"Review process," is hereby amended as follows:
22C.090.060 Review process.
(1) All RDI proposals shall be reviewed concurrently with a primary proposal to
consider the proposed site plan and methods used to earn extra density as follows:
(a) For the purpose of this section, a primary proposal is defined as a
proposed rezone, subdivision or short subdivision, binding site plan, or site plan review
conditional use permit or commercial building permit;
(b) When the primary proposal requires a public hearing, the public hearing
on the primary proposal shall serve as the hearing on the RDI proposal, and the
reviewing authority shall make a consolidated decision on the proposed development
and use of RDI;
(c) When the primary proposal does not require a public hearing under this
title, the director shall administratively make a consolidated decision on the proposed
development and use of RDI. RDI proposal shall be subject to the decision criteria for
conditional use permits outlined in MMC 226.010.410 and to the procedures set forth
for community development director revie'N in this title; and
(d) The notice for the RDI proposal also shall include the development's
proposed density and a general description of the public benefits offered to earn extra
density.
(2) RDI applications which propose to earn bonus units by dedicating real property
or public facilities shall include a letter from the applicable receiving agency certifying
that the proposed dedication qualifies for the density incentive and will be accepted by
the agency or other qualifying organization. The city of Marysville shall also approve all
proposals prior to granting density incentives to the project. The proposal must meet
the intent of the RDI chapter and be consistent with the city of Marysville
comprehensive plan.
Section 4. 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:
Code Amendment Residential Density Incentives Page 6 of 7
Ordinance Title (description) Effective Date
3DJL-\ Residential Density Incentives
Section 5. 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 6. 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 (I
__ D_e_c,,_e_m_b_e-v ___ , 2017.
Attest:
By:
APRIL-Q 'BfUEN , DEPUTY CITY CLERK
. T I fl til. ~i<.cl-lc-
Approved as to form:
By:~~
J ~, CITY ATTORNEY
Date of Publication: i2/ I~ I z.t>1 I
Effective Date:
(5 days after publication)
CITY OF MARYSVILLE
By:
Code Amendment Residential Density Incentives
day of
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