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Home My WebLink AboutO-3216 - Adopting Interim Development Regulations in the CB Zone, Setting a Public Hearing Date and Declaring an EmergencyCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 32\\o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, ADOPTING INTERIM DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM DENSITY: DWELLING UNIT/ ACRE IN THE COMMUNITY BUSINESS ZONE BY AMENDING MARYSVILLE MUNICIPAL CODE SECTION 22C.020.080; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF THE INTERIM DEVELOPMENT REGULATIONS; SETTING A PUBLIC HEARING DATE; AND DECLARING AN EMERGENCY. WHEREAS, the RCW 35A.63.220 provides cities the right to establish and adopt interim development regulations; and WHEREAS, to promote public health, safety, aesthetics, and welfare, the City of Marysville (the "City") provides development regulations for the perm itting of certain uses within specific zoning districts; and WHEREAS, the Community Business zone was originally envisioned to be primarily commercial in nature, and neither the County's Buildable Lands Report nor the City's Co mprehensive Plan assigned residential density to the Community Business zone; and WHEREAS, multiple-family dwelling units are currently a permitted use within the Community Business zone, subject to certain conditions, including that residential units be located above a street-level commercial use (with the exception for the allowance of two ADA units on the street level, subject to an approved conditional use permit); and WHEREAS, the market is currently highly conducive to residential uses, and City staff have received development inquiries related to high-density multi-family development within the Community Business (CB) zone and inquiries with minimal commercial uses proposed; and WHEREAS, establishing a density limit in the Community Business zone would better ensure that future developments in the Community Business zone are consistent with the intended vision for this zone; and WHEREAS, the City has determined that interim development regulations adopted under the provisions of RCW 35A.63.220 are necessary to prevent new and high density development in the Community Business Zone that are inconsistent with the intent and vision of that zone, and to allow adequate time for the City to effectively analyze and develop new development regulations sufficient to provide for appropriate permitting of residential land uses in the Community Business zone. Code Amendments Community Business Zone Page 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopt ed as the City Council's initial findings of fact in support of the interim development regulations adopted herein. The City Co uncil may, in its discretion, adopt additional findings after t he public hearing referenced in Section 4 of t his Ordinance. Section 2. Adoption of I nterim Zoning Regulations. The City Co uncil hereby adopts the interim development regulations as set forth in Exhibit A t o this Ordinance, amending MMC 22C.020 .080. Section 3. Effective Duration of Interim Development Regulations. The interim development regulat ions set forth in t his Ordinance shall be in effect for a period of six (6) months from the effective date of this Ordinance and shall autom atically expire at the conclusion of that six-month period unless sooner repealed. Section 4 . Public Hearing. The City Council will hold a public hearing at the City Council's regular meeting beginning at 7:00 p.m. on July 11, 2022 in order t o t ake public testimony and to consider adopting further findings of fact. Section 5 . Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of t he whole membership of the Council. Wi thout an im mediate adoption of the interim development regulations as set forth in Exhibit A, applications for high-density residential developments within the Community Business zone could become vested, leading to development that could be incompatible with the codes eventually adopted by the City. Therefore, the interim development regulations as set forth in Exhibit A m ust be adopted as an emergency measure to protect the public healt h, safety, and welfare, and to prevent the subm ission of applications for high-density developments within t he Community Business zone in an attempt to vest rights for an indefinite period of time. This Ordinance does not affect any exist ing vested rights. Section 6. Severability . If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitut ional by a court of competent jurisdiction, such invalidity or unconstit utionality thereof shall not affect t he validity or constit utionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 7. Correction. Upon approval by the City Attorney, the City Clerk or the code reviser are authorized t o make necessary corrections to t his Ordinance, including scrivener's errors or clerical mistakes; references t o ot her local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Sect ion 8. Effect ive Date. This Ordinance, as a public emergency ordinance necessary for the protection of the public health, safety, aesthetics and welfare, shall take effect and be in full force immediately upon its passage. Pursuant to Matson v. Clark County board of Commissioners, 79 Wn. App. 641, 904 P.2d317 (1995), non-exhaustive Code Amendments Community Business Zone Page 2 of 4 underlying facts necessary to support this emergency declaration are included in the recitals, above, all of which are adopted by reference as findings of fact as if fully set forth herein. PASSED by the City Council and APP ROVED by the Mayor this 2 ~ ..-d. day of __ __,_M-----=--.:;Oi_;_~--' 2022. CITY OF MARYSVILLE By: Attest: ::pr~~c JON WALKER, CITY ATTORN EY Date of Publication: S/27)1.1.. Effective Date: 5/2~/22. Code Amendments Community Business Zone Page 3 of 4 Exhibit A 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 deli neated 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. 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. (2) General Densities and Dimension Standards. WR- WR-MU CB Standards NB CB GC MU (12) LI GI BP REC P/1 (15) (15) Base density: None Dwelling (18) 12 12 28 (1) 0 0 0 0 0 12 0 uniUacre Maximum None 12 None density: Dwelling (18) NGRe (13) 28 0 0 0 0 0 18 (13) 0 uniUacre ~ Minimum street None None None None None None 20 None None None setback (3) 20 feet (7) (7) (7, 8) (7) (7) (7) feet (7, 8) (7, 8, (7, 14) 14) Minimum interior 10 feet None None setback (side) None None None (4) (4) None None None 5 feet None 50 50 (9, 16, 20 feet (4) (4) (9) feet feet (4) (4) (4) 17) (4) (rear) (5) (5) Base height (6) 25 feet 55 35 45 feet 65 65 45 35 45 45 feet 55 feet feet feet feet feet feet feet feet Maximum 85%, 85%, impervious 75% 85% 85% 75% 85% 85% 75% 35% 75% 75% 85% surface: (1 1) (11) Percentage Code Amendments Community Business Zone Page 4 of 4