HomeMy WebLinkAboutO-3130 - Amends §§ 22A.010.160 and 22A.020.040; repeals and replaces § 22C.010.280, cottage housing developments (22A.010, 22A.020, 22C.010)CHY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. ~ I 3 {)
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, REPEALING
THE EXISTING MMC SECTION 22C.010.280, COTTAGE HOUSING
DEVELOPMENTS ADOPTED BY ORDINANCE 2742, AND ADOPTING A NEW
MMC SECTION 22C.010.280, COTTAGE HOUSING DEVELOPMENTS, AND
UPDATING SECTION 22A.010.160 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the State Growth Management Act, Chapter 36. 70A RCW mandates that cities
periodically review and amend development regulations, including 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, during public meetings on May 14, 2019 and June 11, 2019, the Planning
Commission discussed proposed amendments to MMC Section 22C.010.280, Cottage Housing
Developments; and
WHEREAS, the City of Marysville has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on May 16, 2019, as required by RCW
36.70A.106; and
WHEREAS, after providing notice to the public as required by law, on June 11, 2019, the
Marysville Planning Commission held a Public Hearing on the proposed amendments to the City's
development regulations; and
WHEREAS, on June 11, 2019 the Planning Commission made a Recommendation to the
City Council recommending the adoption of the proposed amendments to MMC Section
22C.010.280, Cottage Housing Developments; and
WHEREAS, at a public meeting on July 8, 2019 the Marysville City Council reviewed and
considered the Planning Commission's Recommendation and proposed amendments to the
development regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Approval of Planning Commission's Recommendation and Adoption of
Findings and Conclusions. The Planning Commission's June 11, 2019 Recommendation regarding
the proposed development regulation amendments, including the Findings and Conclusions
contained therein, as set forth in the attached Exhibit A, is hereby adopted and incorporated
herein by this reference.
Section 2.
findings are made
ordinance:
Required Findings. In accordance with MMC 22G.010.520, the following
regarding the development regulation amendments which comprise this
(1)
(2)
(3)
The amendments are consistent with the purposes of the comprehensive plan; and
The amendments are consistent with the purpose of Title 22 MMC; and
(4)
There have been significant changes in the circumstances to warrant a
change; and
The benefit or cost to the public health, safety, and welfare is sufficient to
warrant the action.
Section 3 . Repeal of Existing Cottage Housing Regulations. The City Council hereby
repeals the existing Section 22C.010.280, Cottage Housing Developments, of the Marysville
Municipal Code that was adopted by Ordinance 2742.
Section 4. Adoption of New Cottage Housing Regulations. A new Section 22C.010.280,
Cottage Housing Developments, of the Marysville Municipal Code is hereby adopted as set forth in
Exhibit B attached hereto.
Section 5. Section 22A.010.160, Amendments, of the Marysville Municipal Code is
hereby amended as follows by adding reference to this adopted ordinance in order to track
amendments to the City's Unified Development Code:
"22A.010.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption :
Ordinance Title (description) Effective Date
Cottage Housing Amendments V-¥,2019"
Section 6. 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, ph rase, or word of this ordinance.
Section 7. Upon approval by the city attorney, the city clerk or the code reviser are
authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical
mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or
referencing of ordinances or their sections and subsections.
Section 8. 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 B day of
__ ;:--~J _l;l._l__,_<r-----' 2019.
CITY OF MARYSVILLE
By:
Attest:
By:
TINA BROCK, DEPUTY CITY CLERK
Approved as to form:
By:
Date of Pub I ication:
\ i
·-JLL l~ tS I 'lo l ti Effective Date:
EXHIBIT A
The Planrnng ( :ommission (PC) 11f rhc City of l\farysvillc, having hdd a public h1:aring 1 in J unc ! l, 2! I J 'J
in n:vic\\: of NON-PROJECT action amendments of the l\farysvillc IV!unkipal Co1k, propnsmg
amt'.ndn11.mts to !\IMC Chapter 22C.lll0.280, Cotta.gt· Ho11sb~11. nerelaplllrllfs. l laving considered tht: exhibit~
and testimony pn.:scnn.:t!, PC docs hcrchy cnt~·r the follo\ving findings, c1 inclusions and rt:connm:nd:mrn1
for considcr:ttion the i\lar\'SVilk: Ctluncii:
FINDINGS:
L
4.
5.
(1,
The Cntmnunirv Den.'.lopnwnt Depannwm hdd :1 puhlic nhx·ting to imroducc tht: N< }N
PROJECT action Cottage I lousing 1\rrn:ndmems rn the con11nuniry on l\lay 14, :.20J<l.
The proposal \\':\:> imbmittcd to the Statt: of \Vashingt1 •11 Dt:p<1rtmcnt of CnmntcrCL: for I ·l·da1·
review on 16, 20 ! 9, in accordance with RC\'\" ]6. 711A. I! 16.
The PC hdd
proposing
dcscrihnl
pllhlk wnrk sessions to review tlw N<)N .. PR<)JECT action ;mwr1d1m·n1s
111 nf the NUN·PlUJ.!l;.CT ;tction Coaagc ! lnusin,1! \rm:ndmc·1w,
14 :md Juni.: 11, 20 J!.J.
'l'he PC held a duly·advcrtiscd public hcarinµ, on June 1 l, 20! 'J and n:ccivcd
ci1y staff and the public
frorn
;\ t the puhli<:
:\nwnd1rn:n1.;.
the PC: reviewed and nrnsidercd the ( ~olt:tg,· l lou~tng ( :, 1dc
CONCLUSION:
:\t the public held on J unc 11, 2tll '), t'hc PC rt:t.:11mmcndcd APPROVING llw ( '.utt:1gc l
Code Arm·ndmt•nts.
a Recommendation ut' APPROVAL of rlw N< >N-PR< >JE< ~l' ;1c11on
Ci 1dc Amendment~, nn ;uncndrm:nt t( • f\farysvillt: M unidpal (~ •. •de
1pr,.,1m:11m•.11!.f. rhisJrme I I, Wl9.
EXHIBIT B
22A.020.040 "C" definitions.
"Cottage housing developments" means a grouping of small, single-family dwelling units,
clustered around a common area and developed with a coherent plan for the site in accordance
with MMC 22C.Ol0.280, Cottage housing developments.
22C.010.280 Cottage housing developments.
(1) Purpose. The purpose of this section is to:
(a) Provide a housing type that responds to changing household sizes and ages
(e.g., retirees, small families, single-person households);
(b) Provide opportunities for ownership of small, detached units within a single-
family neighborhood;
(c) Encourage creation of more usable space for residents of the development
through flexibility in density and lot standards;
(d) Support the growth management goal of more efficient use of urban residential
land; and
(e) Provide guidelines to ensure compatibility with surrounding uses.
(2) Applicability. Cottage housing developments are allowed, as follows:
(a) Within residentially zoned properties in Downtown Planning Area 1;
(b) Within single-family zones where properties are encumbered by at least 35
percent critical areas and associated buffers;
(c) On single-family zoned parcels adjacent to multifamily, commercial and
industrial zoned parcels, as a transition to multifamily, commercial and industrial uses,
including across the street on a case-by-case basis, if approved by the director;
(d) Within single-family zones where two or more unique site circumstances exist.
Unique site circumstances may include shared common boundary with a city-owned park or
nature preserve; close proximity to multi-family, commercial or industrial zoned properties
as a complementary use; or other unique site circumstances as determined by the director.
(e) Within multi-family zoned properties.
(3) Review Process.
(a) Cottage housing developments that are developed with all cottages located on
a common lot shall be processed in accordance with MMC Chapter 22G.120, Site Plan Review;
and
(b) Cottage housing developments that are developed with cottages on individual
lots shall be processed in accordance with MMC Chapter 22G.090, Subdivisions and Short
Subdivisions.
(4) Accessory Uses. The following accessory uses are permitted within cottage housing
developments:
(a) Community Buildings. Commonly owned community building(s) for the use of
the residents of the cottage housing development are allowed but not required. Where
provided, common buildings must be centrally located; clearly incidental in use and size to
the rest of the development; and similar in design (i.e. roof pitch, architecture, materials and
colors) to the cottage units. Common buildings may include meeting space, recreational
facilities, a food preparation area, sinks, and toilets, but shall not include commercial uses,
sleeping quarters, or bathing facilities (unless the bathing facility is clearly incidental to a
recreational facility located within the common building).
(b) Garages or carports as outlined in subsection (11).
(c) Community gardens, play structures, and similar amenities for use of the
occupants of the cottage housing development.
1 Cottage Housing Code Amendments -f::xhibit B
(5) Accessory Dwelling Units. Accessory dwelling units and/or extended-family dwelling
units are not allowed in cottage housing developments.
(6) Density and Dimensions.
Density (dwelling unit/ acre) 2 times the base density of the
underlying zone Cal
Development Size Minimum 4 cottage units
Maximum 12 cottage unit per grouping.
Development may contain multiple
groupings.
Minimum Lot Size Beyond density and dimensional
restrictions, there is no required
minimum lot size for subdivided cottage
lots.
Minimum front setback or yard 10 feet Cbl
Minimum side setback or yard 5 feet (c}, (dl
Minimum rear setback or yard 10 feet (b), (c)
Minimum setback from critical area buffers, or 15 feet
critical areas, if no buffer is required
Maximum building coverage: percentage 40 percent (el
Maximum impervious coverage: percentage 60 percent Ce)
(a) Existing detached single-family residences, which may be nonconforming with
respect to the standards of this section, shall be permitted to remain provided that the extent
of the nonconformity may not be increased. Said residences shall be included in the maximum
permitted cottage density, and must meet the applicable density and dimensional
requirements of the underlying zone.
(b) The front and rear yard setbacks for cottages and two-story accessory
structures shall be increased to 20 feet along the perimeter of cottage housing developments
that abut existing single family residential development or single family zoned properties;
provided, that this requirement shall not apply along perimeter boundaries abutting public
right-of-way, or for infill lots located within Downtown Planning Area 1
(c) The side or rear yard setback adjacent to a public street or private drive aisle
shall be 10 feet except when the side or rear yard abuts a designated arterial in which case
the setback shall be increased to 15 feet.
(d) There shall be a minimum separation of six feet between principal structures;
provided that:
(i) Where cottages will be subdivided onto individual lots, a 5 foot side yard
setback from the property line, and 10 feet of structure separation shall be provided;
(ii) When there is a principal entrance on an interior facade of either or both
of the facing facades, the minimum separation shall be 10 feet; and
(iii) When there is a principal entrance along a side facade, the side yard
shall be no less than 10 feet.
(e) The building and impervious surface coverage allowances apply to the overall
development site (when subdivision is not proposed), or to the individual lots.
2 Cottage Housing Code Amendments -Exl1ib1t B
(7) Cottage Size, Height, and Porch Dimensional Standards.
Maximum cottage main floor area 800 square feet (al
Maximum cottage total floor area 1 112 times the area of the main floor or
1,200 square feet, whichever is less
Height 18 feet
23 feet (to ridge of pitched roof with
minimum slope of 4:12)
28 feet (to ridge of pitched roof with
minimum slope of 6: 12)
All parts of roof above 18 feet must be
pitched.
Porch (primary) Primary entry: 60 square feet
Minimum dimension: 6 feet
Porch (secondary) Secondary entry: 36 square feet
Minimum dimension: 6 feet
(a) Cottage floor area shall be subject to the following standards:
(i) Enclosed space in a cottage located either above the main floor and
more than 12 feet above finished grade, or below the main floor, shall be limited to no more
than 50 percent of the enclosed space of the main floor, or 400 square feet, whichever is less.
This restriction applies regardless of whether a floor is proposed in the enclosed space, but
shall not apply to attic or crawl spaces (less than six feet in height).
cottage.
(ii) Attached garages shall be included in the calculation of total floor area.
(iii) Areas that do not count as total floor area are:
(A) Unheated storage space located under the main floor of the
(B)
(C)
Attached roofed porches.
Detached garages or carports.
(D) Spaces with ceiling height of six feet or less measured to the
exterior walls, such as a second floor area under the slope of a roof.
(iv) The total square foot area of a cottage dwelling unit may not be
increased. A note shall be placed on the title to the property for the purpose of notifying future
property owners that any increase in the total square footage of a cottage is prohibited for
the life of the cottage or duration of city cottage regulations.
(8) Cottage Orientation and Open Space Standards. Cottages shall meet the following
orientation and open space standards:
(a) Cottages shall be oriented around and have their main entry from the common
open space.
(b) Each cottage shall abut the common open space, and the common open space
shall have cottages abutting at least two sides.
(c) Four hundred square feet of open space shall be provided (200 square feet of
private open space and 200 square feet of common open space).
(i) Private and common open space must be calculated separately (i.e.
private open space does not count towards common open space, and common open space
does not count towards private open space);
(ii) All open space must be usable and located at ground level. Critical areas
and buffers shall not count towards open space;
3 Cottage Housing Code Amendments Exhibit 5
(iii) Setbacks shall not be counted as either private or common open space
unless the setback abuts a designated common open space area in which case the setback
area may meet both setback and private open space requirements;
(d) Private open space shall:
(i) Be located in a contiguous area and abut the cottage it serves;
(ii) Be oriented towards the common open space as much as possible;
(iii) Have no horizontal dimension less than 10 feet; and
(iv) A fence or hedge not to exceed 3 112 feet may separate private open
space from common open space.
(e) Common open space shall:
(i) Be provided in a contiguous area to the extent feasible;
(ii) Be allocated so that at least 50 percent of the common open space for
a grouping of cottages is located centrally among the grouping of cottages; and
(iii) Have no horizontal dimension less than 15 feet.
(9) Building Design Standards-Including Garages/Parking Structures. The purpose of the
design standards is to: encourage variety and visual interest in new residential development
in a manner that is compatible with the neighborhood character; ensure the scale of the
cottages is proportional to their lot and parcel size; provide landscaping between new and
existing development to buffer and provide a transition, to enhance the building and site
appearance, and to maintain the quality of the neighborhood.
(a) Inviting Fac;ade. Each cottage unit shall have an inviting fac;ade for any fac;ades
abutting common open space areas, public rights-of-way, and private roads or accesses
serving the cottage housing development. If a cottage unit abuts more than one public right-
of-way or private road or access, the director shall determine which access the inviting fac;ade
shall be oriented towards.
(b) Building Character Proportionality and Massing. Size and height reductions of
cottage housing, design techniques and perimeter buffer landscaping shall be used to promote
compatibility with the surrounding neighborhood and proportionality and massing of new
cottage development adjacent to existing single-family neighborhoods.
(c) Variety in Buildings and Visual Interest with Consistency in Architectural Style.
The building designs and layout shall prevent the repetitive use of the same combination of
building features, building layout, and site design elements within any cottage development,
grouping of cottages, and adjacent dwellings.
(i) Varied and Interesting Rooflines. Varied and interesting rooflines must
be provided which include use of varied pitched roof styles, gables, or dormers. Roof breaks
or step-downs are encouraged and can be used to reduce required setbacks adjacent to parcel
boundaries.
(ii) Separation of Identical Buildings and Elevations. Units of identical
elevation types must be separated by at least two different elevations. This will result in at
least three different building elevation plans per cluster. No two adjacent structures shall be
built with the same building elevation (reverse elevations do not count as a different building
elevation), fac;ade materials, or colors.
(iii) Different Roof, Window Design and Entries. Provide differing roof forms,
gables or dormers. Roof overhangs a minimum of six inches are required. Different window
design, entry treatments and base treatments shall be utilized to help achieve variety.
(iv) Corner Lot Cottages. Cottages on corner lots shall be architecturally
designed to provide modulation and detail on both frontages. Examples of modulation include
use of bay windows, wrapped porches, and dormers.
(v) Open and Closed Cottages along Private Side Yards. Private side yards
are an important element in cottage development. The side yard is typically designated to a
particular cottage (like zero lot line homes) and this cottage should be open to the side yard
I 4 Cottage Housing Code Amendments -Exhibit B
using doors, windows or a wrapped porch. The adjacent cottage having a closed side and
window placement is an essential part of the design to achieve this relationship.
(d) Variety in Building Design. Provide variety and visual interest by using a
combination of building elements, features and treatments in cottages as well as garages.
Structures must include building articulation, change in materials or textures, windows, or
other architectural features. A minimum of at least one side articulation or roof break shall
occur for side elevations facing public streets or common open spaces or walkways to the
common open spaces. No blank walls are allowed. The following building elements, features,
and treatments that provide variety and visual interest shall be used in combination to create
variety in building design, but are not limited to:
(i) Variation in building type and plans.
(ii) Variation in layout and orientation.
(iii) Variation in building materials, mixture and texture.
(A) Vertical Changes. Changes in materials in a vertical wall shall
occur at an internal corner or a logical transition such as aligning with a window edge or
chimney.
(B) Horizontal Changes. Transition in materials on a wall surface,
such as shingle or lap siding, shall be required to have a material separation, such as a trim
band board.
(C) Acceptable Exterior Wall Material. Wood, cement fiberboard,
stucco, standard sized brick and stone may be used. Simulated stone, wood, stone or brick
may be used to detail homes.
(D) Trim. Trim may be wood, cement fiberboard, stucco, or stone
materials. Trim is required around all doors and windows. The trim must be three and one-
half inches minimum and be used on all elevations.
(iv) Building modulation.
(v) Building intervals and articulation.
(vi) Varying roof shapes, pitches and gables.
(vii) Varied roof heights and roof breaks or roof extensions.
(viii) Dormers.
(ix) Window trim and mullions.
(x) Bay windows or bump outs.
(xi) Entry enhancement.
(xii) Porches and patios. (Porches with railings preferred.)
(xiii) Use of varied siding, trim and base colors.
(xiv) At a minimum use bottom and top material treatment and if
recommended use tripartite architecture.
(xv) Chimney or tower.
(xvi) Trellis.
(xvii) Belly bands, brackets/braces.
(xviii) Other building elements and the combined use of the above shall be
approved by the planning director.
(10) Site Access Standards. Access to the cottage housing development shall be provided
as follows:
(a) Access to parking shall be from the alley when the cottage housing
development abuts a platted alley improved to the city's engineering design and development
standards, or when the director determines that alley access is feasible and desirable to
mitigate parking access impacts.
(b) For cottage housing developments where all of the cottages are located on a
common lot and alley access is not available, the private drive aisle standards outlined in MMC
Section 22C.130.050 Table 2 shall apply.
5 Cottage Housing Code Amendments -Exhibit B
(c) For cottage housing developments where the cottages will be subdivided onto
individual lots, the City's PRO and cottage housing street standards as set forth in the
Engineering Development and Design Standards (EDDS) shall apply. The "PRD and Cottage
Housing Access Street" standard shall apply where fewer than 20 dwelling units are proposed,
and the "PRD and Cottage Housing Access Street with Parking" standard shall apply where 20
or more dwelling units are proposed. Modifications to the "PRD and Cottage Housing Access
Street" and the "PRO and Cottage Housing Access Street with Parking" standards may be
requested for sidewalks, planter strips, and on-street parking. The burden to clearly
demonstrate the proposed modification meets the requirements of this section is the
applicant's. (Note: it is not likely multiple reductions will be allowed along a single section of
road.) If requesting a modification, the applicant shall submit an integrated pedestrian travel,
landscape and parking plan as well as other information to demonstrate:
(i) Safe, aesthetically pleasing pedestrian travel is provided throughout the
development;
(ii) Pedestrian travel within the development shall be tied to pedestrian
travel routes outside the development, actual and/or planned.
(iii) Reduction of planter strips shall require additional equivalent or greater
landscaping to benefit the development.
(iv) Any proposed modifications shall allow for efficient flow and movement
of automobiles and pedestrians without negatively altering or constraining their movement.
(d) Five-foot-wide pedestrian pathways (sidewalks) must be included to provide for
movement of residents and guests from parking areas to homes and other amenities.
(11) Parking Standards. Parking shall meet the following standards:
(a) Off-street parking spaces shall be provided as follows:
(i) 1 space for cottages 700 square feet or less;
(ii) 1 1/2 spaces for cottages 701 to 1,000 square feet; and
(iii) 2 spaces for cottages 1,001 to 1,200 square feet.
(b) Parking stalls, garages and carports must be screened from public streets or
abutting residential properties.
(c) Parking stalls, garages and carports shall be located in the following preferential
order:
(i) To the rear of the units accessed off an alley;
(ii) To the side of the units accessed by a private driveway; or
(iii) A garage, landscaping, and/or fencing shall screen parking next to a
side street.
(d) Parking stalls, garages and carports must meet the front yard setback
requirements outlined in Subsection (6).
(e) Parking areas must be located in clusters of not more than six adjoining spaces.
Landscaping or other architectural features shall separate clusters of parking, and clusters of
parking from common areas.
(f) The parking area should not be the major view from the public right-of-way or
street. Landscaping, cottages, or the common area should provide the view into the cottage
development.
(g) Garages and carports shall be located so their visual presence is minimized, and
associated noise or other impacts do not intrude into public spaces.
(h) The architectural design of all garages and carports must be similar and
compatible to that of the cottage dwelling units within the development.
(i) Garage and carport rear and side elevations facing the public street or adjacent
existing development shall have architectural details to minimize the impact of the facade.
(j) A six-single-vehicle-stall garage or carport is the maximum number allowed in
any garage or carport.
6 Cottage Housing Code Amendments -Exhibit 5
(k) Shared detached garage structures shall be reserved for the parking of vehicles
owned by the residents of the development. Storage of items which precludes the use of the
parking spaces for vehicles is prohibited.
(12) Screening Standards.
(a) Boundaries between cottage dwellings and neighboring properties shall be
screened with landscaping to reduce the appearance of bulk or intrusion onto adjacent
properties, or otherwise treated (i.e., through setbacks or architectural techniques) to meet
the intent of this section.
(b) Yard and open space fencing within the cottage housing development shall not
exceed 3 112 feet tall.
(c) Trash and Recycling Container Enclosure and Landscape Screening. All
dumpster containers, individual refuse containers, and trash compactors shall be enclosed per
the following standards:
(i) All loading, trash, recycling and storage areas shall be located so they
are not visible from streets and will be concealed.
(ii) An architectural screen shall surround all sides except the access entry.
Building walls of adjacent structures may be used to partially satisfy this requirement. Screen
walls shall be a solid visual screen constructed out of metal, concrete, and/or masonry units;
or other materials similar to the cottages and garage structures. Required gates and trellises,
and other architectural screening elements, shall be designed so that they complement the
surrounding buildings unless there is some overriding fire access issue.
(iii) A concrete slab shall be installed as the base material within the
enclosure.
(13) Homeowners' Association. A homeowners' association and covenants are required for
the maintenance of the common areas and buildings.
(14) Requests for Modifications to Standards. The community development director may
approve minor modifications to the general parameters and design standards set forth in this
chapter, provided the site is constrained due to unusual shape, topography, easements or
sensitive areas.
(a) The modification is consistent with the objectives of this chapter.
(b) The modification will not result in a development that is less compatible with
neighboring land uses.
7 Cottage J-lousing Code Amendments --Exhibit B