HomeMy WebLinkAboutO-3107 - Duplex & Townhome Base HeightCITY Of MARYSVIllE
Marysville, Washington
ORDINANCE NO. _3 / () ±
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO DUPLEX AND TOWNHOME DEFINITIONS, BASE HEIGHT
IN THE GENERAL COMMERCIAL ZONE AND NOTICE TIMEFRAMES
AMENDING SECTIONS 22A.020.050, 22A.020.210, 22C.020.080,
22C.020.090, 22G.010.100, 22G.010.160 AND 22G.010.350 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 a public meeting held on September 11, 2018; and
WHEREAS, on September 25, 2018, the Marysville Planning Commission held a duly-
advertised public hearing, which was continued to October 9, 2018; and
WHEREAS, On October 9, 2018, the Marysville Planning Commission recommended
City Council adopt the proposed amendments to the City's development regulations; and
Code Amendments Definitions, Base Height and Notice Timeframes Page 1of6
WHEREAS, at a public meeting on November 13, 2018, 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 August 31, 2018 (Material ID
25241) and September 11, 2018 (Material ID 25252), 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 22A.020.050, entitled
"D" definitions, is hereby amended as follows:
22A.020.050 "D" definitions.
"Duplex" means a building that contains two primary dwelling units eA-tJA1:.o-le.\:. The
units must share a common wall -'-'-'""-C'--='--"'·=-~=~·-"=-'-'-'-''-'-'-"'""-""'-'-'-"-'"-'-'-'"'-"'--"-'-"CC'-'---'-"'-"'-'-'"'"'""'-'"'-=-'-
to roof, or _g_ common floor/ceiling.
Section 2. Amendment of Municipal Code. MMC Section 22A.020.210, entitled
"T'' definitions, is hereby amended as follows:
22A.020.210 "T" definitions.
"Townhouse" means a e-A-esingle-family dwelling ~'-"--"~"'--"-'-~~
three such units in which each
yertical common fir~-r~sistant y_yalls; has its own front and rear access to the outside;
and has no unit -is located over another unit.·,-<>·F1€-eac-J:H*1-it-!s-5ep<.tral;eEl-fF&ffl-atty-e.J..:.R-ei:
tJ-rti-t-lsy-eF1e-eF·fflere-vffiiea+-ee-1-nr-Ae-A-ffre-r-est54:art~•val-is-.-
Section 3. Amendment of Municipal Code. MMC Section 22C.020.080, entitled
"Densities and dimensions," is hereby amended as follows:
22C.020.080 Densities and dimensions.
(1) Interpretation of Tables.
(a) Subsection (2) of this section contains general density and
dimension standards for the various zones and limitations specific to a particular
zone(s). Additional rules and exceptions, and methodology, are set forth in MMC
22C.020.090.
(b) The density and dimension table is arranged in a matrix format
and is delineated into the commercial, industrial, recreation and public
institutional use categories.
(c) Development standards are listed down the left side of the table,
and the zones are listed at the top. The matrix cells contain the minimum
dimensional requirements of the zone. The parenthetical numbers in the matrix
identify specific requirements applicable either to a specific use or zone. A blank
box indicates that there are no specific requirements. If more than one standard
appears in a cell, each standard will be subject to any applicable parenthetical
footnote set forth in MMC 22C.020.090.
Code Amendments Definitions, Base Height and Notice Timeframes Page 2 of 6
(2) General Densities and Dimension Standards.
WR-WR-
MU MU CB
Standards NB CB GC DC (12) LI GI BP REC P/I (15) (15)
Base density:
Dwelling (18) 12 12 12 28 (1) -----12 -
unit/acre
Maximum
density: None None None 34 (2) 18
Dwelling -(13) (13) -----(13) -
unit/acre
Minimum 20 None None None None None None None 20 None None None
street feet (7) (7) (7) (7, 8) (7) (7) (7) feet (7, (7, 8, (7,
setback (3) 8) 14) 14)
Minimum 10 None None interior feet 5 feet
setback (side) None None None 5 feet (4) (4) None None (9, None
20 (4) (4) (4) (9) 50 50 -(4) (4) 16, (4) feet feet feet (5) (5) 17)
(rear)
Base height 35 45
(6) 25 55 feet, 85 feet, 65 65 45 35 45 45 55
feet feet .85 feet 65 feet feet feet feet feet feet feet @et feet
ill} (10)
Maximum 85%, 85%, impervious 75% 85% 85% 85% 75% 85% 85% 75% 35% 75% 75% 85% surface: (11) (11) Percentage
Section 4. Amendment of Municipal Code. MMC Section 22C.020.090, entitled
"Densities and dimensions -Development conditions," is hereby amended as follows:
22C.020.090 Densities and dimensions -Development conditions.
(1) These densities are allowed only through the application of mixed use
development standards.
(2) These densities may only be achieved in the downtown portion of Planning
Area 1 through the application of residential density incentives. See Chapter
22C.090 MMC.
(3) Gas station pump islands shall be placed no closer than 25 feet to street
front lines. Pump island canopies shall be placed no closer than 15 feet to street
front lines.
( 4) A 25-foot setback is required on property lines adjoining residentially
designated property.
(5) A SO-foot setback only required on property lines adjoining residentially
designated property for industrial uses established by conditional use permits,
otherwise no specific interior setback requirement.
(6) Height limits may be increased when portions of the structure or building
which exceed the base height limit provide one additional foot of street and interior
setback beyond the required setback for each foot above the base height limit.
(7) Subject to sight distance review at driveways and street intersections.
Code Amendments Definitions, Base Height and Notice Timeframes Page 3 of 6
(8) A 20-foot setback is required for multiple-family structures outside of the
downtown portion of Planning Area 1.
(9) A 15-foot setback is required for (a) commercial or multiple-family
structures on property lines adjoining single-family residentially designated
property, and (b) a rear yard of a multi-story residential structure, otherwise no
specific interior setback requirement. Interior setbacks may be reduced where
features such as critical area(s) and buffer(s), public/private right-of-way or access
easements, or other conditions provide a comparable setback or separation from
adjoining uses.
(10) The 65-foot base height applies only to the downtown portion of Planning
Area 1. The 45-foot base height applies to the southeast sector of the downtown
vision plan area, as incorporated into the city of Marysville comprehensive plan.
(11) The 85 percent impervious surface percentage applies to commercial
developments, and the 75 percent rate applies to multiple-family developments.
(12) Reduced building setbacks and height requirements may be approved on a
case-by-case basis to provide flexibility for innovative development plans;
provided, that variance requests which are greater than 10 percent of the required
setback shall be considered by the hearing examiner.
(13) Subject to the application of the residential density incentive requirements
of Chapter 22C.090 MMC.
(14) Required landscaping setbacks for developments on the north side of Soper
Hill Road are 25 feet from the edge of sidewalk.
(15) Projects with split zoning (two or more distinct land use zones) may propose
a site plan to density average or adjust the zone boundaries using topography,
access, critical areas, or other site characteristics in order to provide a more
effective transition.
(16) Townhome setbacks are reduced to zero on an interior side yard setback
where the units have a common wall for zero lot line developments.
(17) Townhome setbacks are reduced to five feet on side yard setbacks, provided
the buildings meet a 10-foot separation between structures.
(18) There is no minimum or maximum density for this zone. Residential units
are permitted if located above a ground-level commercial use.
{19) The 85-foot base height applies only within the boundaries of the Downtown
Master Plan area, bounded by sth Street to the north, Ebey Slough to the south,
Alder Avenue l:o the east. and Interstate 5 to the west.
Section 5. Amendment of Municipal Code. MMC Section 22G.010.100, entitled
"Notice of administrative approvals," is hereby amended as follows:
22G.010.100 Notice of administrative approvals.
Notice of administrative approvals subject to notice under MMC 22G.010.160 shall
be made as follows:
(1) Notification of Preliminary Approval. The director shall notify the adjacent
property owners of his intent to grant approval. Notification shall be made by mail
only.
(2) The notice shall include:
(a) A description of the preliminary approval granted, including any
conditions of approval;
(b) A place where further information may be obtained;
(c) A statement that final approval will be granted unless an appeal
requesting a public hearing is filed with the €ity-€te-fk community development
director within±.§ 14 days of the date of the notice.
Code Amendments Definitions, Base Height and Notice Timeframes Page 4 of 6
Section 6. Amendment of Municipal Code. MMC Section 22G.010.160, entitled
"Administrative approvals subject to notice," is hereby amended as follows:
22G.010.160 Administrative approvals subject to notice.
(1) The director may grant preliminary approval or approval with conditions, or
may deny the following actions subject to the notice and appeal requirements of
this section:
(a)
(b)
(c)
(d)
(e)
applicant(s).
Short subdivisions;
Shoreline permits for substantial developments;
Conditional use permits;
Binding site plans;
Master plan for properties under ownership or contract of
(2) Final Administrative Approvals. Preliminary approvals under this section
shall become final subject to the following:
(a) If no appeal is submitted, the preliminary approval becomes final
at the expiration of the-±-§ 14-day notice period.
(b) If a written notice of appeal is received within the specified
appeal periods, the matter will be referred to the hearing examiner for an open
record public hearing.
Section 7. Amendment of Municipal Code. MMC Section 22G.010.350, entitled
"Notice requirements and comment period," is hereby amended as follows:
22G.010.350 Notice requirements and comment period.
(1) The department shall provide published, posted and mailed notice pursuant
to Article II of this chapter, Public Notice Requirements, for all applications subject
to community development director review.
(2) Written comments and materials regarding applications subject to
community development director review procedures shall be submitted within -±-§
.fra.ys of the date of published notice or the posting date, wA-i€J:te.ver is latcF-;--the
public comment period established pursuant to MMC 22G.010.090, Notice of
development application.
Section 11. 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
Definitions, Base Height and Notice Timeframes ______ , 2018"
Section 12. 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.
Code Amendments Definitions, Base Height and Notice Timeframes Page 5 of 6
Section 13. 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 l 3 day of
~N~o~Vl~M~\?er~ __ , 201s.
CITY OF MARYSVILLE
By ~~· JoNHRif\iG/MAYOR
Attest:
By ~NLB~
DEPTY CITY CLERK
Approved as to form:
By ~~ . JONWLER,CfTY ATTORNEY
Date of Publication: NP lfeM-lK.r (11 ZOl 8
Effective Date: N ove~ be.Y" zz,., u B ' (5 days after publication)
Code Amendments Definitions, Base Height and Notice Timeframes Page 6 of 6