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HomeMy WebLinkAboutO-3156 - Updating the City's Development Regulations & Amending Sections 22A.010.160 & 22C.130.030 of the MMCCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 3 \ 5 \,p AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING THE CITY'S DEVELOPMENT REGULATIONS AND AMENDING SECTIONS 22A.010.160 AND 22C.130.030 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 a public meeting on March 10, 2020, the Planning Commission discussed proposed amendments to MMC Section 22C.130.030; and WHEREAS, the City of Marysville submitted the proposed amendments to MMC Section 22C.130.030 to the Washington State Department of Commerce on March 17, 2020, as required by RCW 36.70A.106; and WHEREAS, the proposed amendments to MMC Section 22C.130.030 are exempt from State Environmental Policy Act review under WAC 197-11-800(19); WHEREAS, after providing notice to the public as required by law, the Marysville Planning Commission held a Public Hearing on June 9, 2020 regarding the proposed amendments to MMC Section 22C.130.030; and WHEREAS, the Planning Commission made a Recommendation to the City Council on June 9, 2020, recommending the adoption of the proposed amendments to MMC Section 22C.130.030; and WHEREAS, at a public meeting on September 14, 2020 the Marysville City Council reviewed and considered the Planning Commission's Recommendation and the proposed amendments to MMC Section 22C.130.030; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Required Findings. In accordance with MMC 22G.010.520, the following findings are made regarding the proposed amendments to MMC Section 22C.130.030 which comprise this ordinance: (1) The amendments are consistent with the purposes of the comprehensive plan; and (2) The amendments are consistent with the purpose of Title 22 MMC; and (3) There have been significant changes in the circumstances to warrant a change; and (4) The benefit or cost to the public health, safety, and welfare is sufficient to warrant the action. Section 2. Section 22C.130.030, Minimum required parking spaces, of MMC Chapter 22C.130, Parking and Loading, is hereby amended to read as follows: 22C.130.030 Minimum required parking spaces. (1) Purpose. The purpose of required parking spaces is to provide enough parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. As provided in subsection (2)(e) of this section, bicycle parking may be substituted for some required parking on a site to encourage transit use and bicycling by employees and visitors to the site. The required parking numbers correspond to specific land use categories. Provision of carpool parking, and locating it closest to the building entrance, will encourage carpool use. (2) Minimum Number of Parking Spaces Required. (a) The minimum number of parking spaces for all zones and use categories is stated in Table 1. (b) If the parking formula used to determine parking requirements results in a fractional number greater than or equal to one-half, the proponent shall provide parking equal to the next highest whole number. (c) Changes in Occupancy. Whenever the occupancy classification of a building is changed, the minimum standards for off-street parking for the new occupancy classification shall be applicable; provided, that if the existing occupancy had established a legal nonconforming status with respect to off-street parking requirements, no additional off-street parking shall be required for the new occupancy unless said new occupancy is in a classification requiring more parking than that which would have been required for the existing occupancy if it had been subject to the provisions of this chapter. If strict application of this section is not feasible due to existing site conditions such as building or parcel size, shape or layout, a variance may be granted by the community development director. (d) Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required nonresidential parking spaces is allowed if the following documentation is submitted in writing to the community development department as part of a building or land use permit application, and approved by the community development director: (i) The names and addresses of the uses and of the owners or tenants that are sharing the parking; (ii) The location and number of parking spaces that are being shared; (iii) An analysis showing that the peak parking times for the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and (iv) A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities. (e) Bicycle parking may substitute for up to 10 percent of required parking. For every five nonrequired bicycle parking spaces that meet the bicycle parking standards in MMC 22C.130.060, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision. (f) The off-street parking and loading requirements of this chapter do not apply retroactively to established uses; however: (i) The site to which a building is relocated must provide the required spaces; and (ii) A person increasing the floor area, or other measure of off-street parking and loading requirements, by addition or alteration, must provide spaces as required for the increase, unless the requirement under this subsection is five spaces or fewer. (g) Reduction of Required Spaces When Effective Alternatives to Automobile Access Are Proposed. Upon demonstration to the hearing examiner that effective alternatives to automobile access are proposed to be implemented, the examiner may reduce by not more than 40 percent the parking requirements otherwise prescribed for any use or combination of uses on the same or adjoining sites, to an extent commensurate with the permanence, effectiveness, and demonstrated reduction in off-street parking demand achieved by such alternative programs. Alternative programs which may be considered by the examiner under this provision include, but are not limited to, the following: (i) Private vanpool operation; (ii) Transit/vanpool fare subsidy; (iii) Imposition of a charge for parking; (iv) Provision of subscription bus services; (v) Flexible work-hour schedule; (vi) Capital improvement for transit services; (vii) Preferential parking for carpools/vanpools; (viii) Participation in the ride-matching program; (ix) Reduction of parking fees for carpools and vanpools; (x) Establishment of a transportation coordinator position to implement carpool, vanpool, and transit programs; or (xi) Bicycle parking facilities. (h) Reduction of Required Spaces in Downtown Vision Plan Area. Commercial uses within the downtown core, southwest sector, southeast sector, and waterfront sector may reduce the number of required off-street parking spaces in accordance with this section, upon demonstration to the community development department that the proposed use is in conformance with the downtown master plan guidelines as set forth in the comprehensive plan. Expansion of existing commercial buildings and uses is required to demonstrate conformance with the city's design standards and guidelines or to incorporate reasonable measures to meet the intent of the guidelines for existing uses. For commercial uses requiring less than 10 spaces, the parking requirements may be waived by the director. For required parking in excess of 10 spaces, the applicant must demonstrate that adequate on- street parking facilities exist within 400 feet of the proposed use in order to qualify for a reduction. Parking may be reduced by up to 50 percent if consistent with the downtown master plan guidelines. In approving a reduction to required off-street parking, the department may require improvement of existing right-of-way to meet the intent of this code and the downtown master plan in providing improved parking, walkways and access to the business . (i) Uses Not Mentioned . In the case of a use not specifically mentioned in Table 1: Minimum Required Parking Spaces, the requirements for off-street parking shall be determined by the community development director. If there are comparable uses, the community development director's determination shall be based on the requirements for the most comparable use(s). Where, in the judgment of the community development director, none of the uses in Table 1: Minimum Required Parking Spaces are comparable, the community development director may base his or her determination as to the amount of parking required for the proposed use on detailed information provided by the applicant. The information required may include, but not be limited to, a description of the physical structure(s), identification of potential users, and analysis of likely parking demand. (3) Carpool Parking. For office, industrial, and institutional uses where there are more than 20 parking spaces on the site, the following standards must be met: (a) Five spaces or five percent of the parking spaces on site, whichever is less, must be reserved for carpool use before 9:00 a.m. on weekdays. More spaces may be reserved, but they are not required. (b) The spaces will be those closest to the building entrance or elevator, but not closer than the spaces for disabled parking and those signed for exclusive customer use. (c) Signs must be posted indicating these spaces are reserved for carpool use before 9:00 a.m. on weekdays. Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES RESIDENTIAL USES Single-family dwellings, duplexes, 2 per dwelling unit for residents plus one additional guest townhouses, and mobile homes parking space per dwelling unit; provided: 1. An enclosed private garage may be utilized to meet the required parking for residents . Driveways can be counted as resident or guest parking spaces, provided said driveway Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES complies with the bulk and dimensional requirements outlined in Table 2; and 2. Parking spaces behind other required parking spaces (a.k.a. "tandem parking") shall not be counted towards the 2 required parking spaces per dwelling for the residents; however, tandem parking can be counted as a guest parking space. Accessory dwelling units 1 ~ per dwelling unit Studio a1:2artments 1.25 ger dwelling unit Multiple-family dwellings, one 1.5 per dwelling unit. Parking spaces behind other required bedroom 13eF UAit parking spaces (a.k.a. "tandem parking") shall not be counted towards the 1.5 ~required parking spaces in a multifamily development; however, tandem parking can be counted as a guest parking space, when required Multiple-family dwellings, two or 1. 75 per dwelling unit. Parking spaces behind other required more bedrooms parking spaces (a.k.a. "tandem parking") shall not be counted towards the 1. 75 ~ required parking spaces in a multifamily development; however, tandem parking can be counted as a guest parking space, when required Retirement housing and apartments 1 per dwelling Mobile home parks 2 per unit, plus guest parking at 1 per 4 lots Rooming houses, similar uses 1 per dwelling Bed and breakfast accommodations 1 space for each room for rent, plus 2 spaces for the principal residential use RECREATIONAL/CULTURAL USES Movie theaters 1 per 4 seats Stadiums, sports arenas and similar 1 per 8 seats or 1 per 100 SF of assembly space without open assemblies fixed seats Dance halls and places of assembly 1 per 75 SF of gross floor area w/o fixed seats Bowling alleys 5 per lane Skating rinks 1 per 75 SF of gross floor area Tennis courts, racquet clubs, 1 space per 40 SF of gross floor area used for assembly, handball courts and other similar plus 2 per court commercial recreation Swimming pools (indoor and 1 per 10 swimmers, based on pool capacity as defined by outdoor) the Washington State Department of Health Golf courses 4 spaces for each green, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurants) Gymnasiums, health clubs 1 space per each 200 SF of gross floor area Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES Churches, auditoriums and similar 1 per 4 seats or 60 lineal inches of pew or 40 SF gross floor enclosed places of assembly area used for assembly Art galleries and museums 1 per 250 SF of gross floor area COMMERCIAL/OFFICE USES Banks, business and professional 1 per 400 SF gross floor area offices (other than medical and dental) with on-site customer service Retail stores and personal service If < 5,000 SF floor area, 1 per 600 SF gross floor area; if > shops unless otherwise provided 5,000 SF floor area, 8 plus 1 per each 300 SF gross floor herein area over 5,000 SF Grocery stores 1 space per 200 SF of customer service area Barber and beauty shops 1 space per 200 SF Motor vehicle sales and service 2 per service bay plus 1 per 1,000 SF of outdoor display Motor vehicle or machinery repair, 2 plus 2 per service bay without sales Mobile home and recreational vehicle 1 per 3,000 SF of outdoor display area sales Motels and hotels 1 per unit or room Restaurants, taverns, bars with on-If< 4,000 SF, 1 per 200 SF gross floor area; if> 4,000 SF, premises consumption 20 plus 1 per 100 SF gross floor area over 4,000 SF Drive-in restaurants and similar 1 per 75 SF of gross floor area. Stacking spaces shall be establishments, primarily for auto-provided in accordance with Chapter 22C.140 MMC, Drive- borne customers Through Facilities Shopping centers If < 15,000 SF, 1 per 200 SF of gross floor area; if > 15,000 SF, 1 per 250 SF of gross floor area Day care centers 1 space per staff member and 1 space per 10 clients. A paved unobstructed pick-up area shall be set aside for dropping off and picking up children in a safe manner that will not cause the children to cross the parking area or lines of traffic Funeral parlors, mortuaries or 1 per 4 seats or 8 feet of bench or pew or 1 per 40 SF of cemeteries assembly room used for services if no fixed seating is provided Gasoline/service stations w/grocery 1 per employee plus 1 per 200 SF gross floor area Adult facilities as defined by MMC 1 per 75 SF of gross floor area or, in the case of an adult 22A.020.020 drive-in theater, 1 per viewing space HEAL TH SERVICES USES Nursing homes, convalescent homes 1 per 5 beds plus 1 space per employee and medical staff for aged Medical and dental clinics 1 per 200 SF gross floor area Table 1: Minimum Required Parking Spaces LAND USE MINIMUM REQUIRED SPACES Hospitals 1 per 2 beds, excluding bassinets EDUCATIONAL USES Elementary, junior high schools 5 plus 1 per each employee and faculty member (public and private) Senior high schools (public and 1 per each 10 students plus 1 per each employee or faculty private) member Commercial/vocational schools 1 per each employee plus 1 per each 2 students PUBLIC/GOVERNMENT USES Public utility and governmental 1 per 400 SF of gross floor area buildings Libraries 1 per 250 SF of gross floor area MANUFACTURING/WAREHOUSE USES Manufacturing and industrial uses of One per 750 SF of gross floor area plus office space all types, except a building used requirements exclusively for warehouse purposes Warehouses, storage and wholesale One per 2,000 SF of gross floor area plus office space businesses requirements Mini self-storage 1 per each 50 storage cubicles equally distributed and proximate to storage buildings. In addition, 1 space for each 50 storage cubicles to be located at the project office Section 3. 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) Effect ive Date ~\51.£ Minimum Required Parking Spaces Amendments Seiet--:z.'J . 2020" 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. 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 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 !~d ay of S'-4f+=~er-I 2020 , CITY OF MARYSVILLE Attest: By : ~3'.,ch__ TI A BROCK, DEPUTY CITY CLERK App ro v e d~m : ~ /J By: ~~ fr~~ ~- JON WALKER, CITY ATTORNEY Date of Publication : Se Q"rtffi Y.>e.r \t?, ].,Ol.O Effective Date: S t Qtt M Ip('_ ( 2-3 , 'l 0 W (5 days after publication)