HomeMy WebLinkAboutO-3219 - MMC Residential Density Incentives Sections 22C.090, 22C.090.030, 22C.090, 22C.090.040, 22C.090, 22C.090.060, 22C.090, 22C.090.080, 22C.090, 22C.090.090CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 2\'1
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO AMENDMENTS TO THE MARYSVILLE MUNICIPAL CODE
RELATING TO RESIDENTIAL DENSITY INCENTIVES, INCLUDING
AMENDMENTS T O MARYSVILLE MUNICIPAL CODE SECTIONS
22C.090.020, 22C.090.030, 22C.090.040, 22C.090.060, 22C.090.080
AND ADDING SECTION 22C.090.090.
WHEREAS, the State Growth Ma nagement Act, RCW Chapter 36. 70A m andates 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 t he City's
development regulations in the same manner as t he original adoption of the City's
com prehensive 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 of Marysville regularly updates development st andards to address
changing needs and to maintain compliance with changes in Washington State (State) laws;
and
WHEREAS, during the last several years, the State has revised development codes
related to stormwater management and the I nternational Energy Code; and
WHEREAS, during 2020 and 2021, the City received requests for clarification and
inquiries re lating to various sections w ithin Ma rysville Municipal Code Chapter 22C.090,
Residential Density Incentives (RDI); and
WHEREAS, the City adopted the original RDI regulations in 2003 by Ordinance
2481; and
WHEREAS, the RDI regulations were adopted to encourage higher density
developments within the R-12 and R-28 residential zoning desig nations, while ensuring that
these developments provided public benefits by exceeding the basic development
requirements; and
WHEREAS, the RDI standards have been amended three times since 2003; and
WHEREAS, the proposed amendments address changes to adopted State and City
regulations related to stormwat er management requirements and the 2018 International
Electrical Code, along wit h providing general clarification; and
WHEREAS, the City, in reviewing and amending its development regulations has
complied with the notice, public participation and processing requirements est ablished by the
Growth Management Act, as more fully described below; and
Code Amendments Residential Density Incentives Page 1 of 16
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 the public meeting on March 22, 2022, the Planning Commission
discussed proposed amendments related to the Residential Density Incentive changes and
directed staff to schedule a public hearing; and
WHEREAS, on April 26, 2022, the Marysville Planning Commission held a duly-
advertised public hearing, and recommended that the City Council adopt the Proposed
Amendments; and
WHEREAS, during the public meeting on June 13, 2022 the City Council discussed
potential amendments related to the Residential Density Incentives in MMC 22C.090 and
recommended approval of said changes; and
WHEREAS, the City of Marysville has submitted proposed development regulation
revisions to the Washington State Department of Commerce on March 29, 2022 (Material ID
2022-S-3815) seeking expedited review under RCW 36.70A.106(3)(b) and in compliance with
the procedural requirements of RCW 36.70A.106; and
WHEREAS, the amendments to the development regulations are exempt from State
Environmental Policy Act review under RCW 43.21C.450(1).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code Section 22C.090.020. MMC Section
22C.090.020, entitled Permitted locations of residential density incentives, is hereby amended
as set forth in Exhibit A .
Section 2 . Amendment of Municipal Code Section 22C.090.030. MMC Section
22C.090.030, entitled Public benefits and density incentives, is hereby amended as set forth
in Exhibit B.
Section 3. Amendment of Municipal Code Section 22C.090.040. MMC Section
22C.090.040, entitled Density bonus recreation features, is hereby amended as set forth in
Exhibit C.
Section 4. Amendment of Municipal Code Section 22C.090.060. MMC Section
22C.090.060, entitled Review process, is hereby amended as set forth in Exhibit D.
Section 5 . Amendment of Municipal Code Section 22C.090.080. MMC Section
22C.090.080, currently entitled Applicability of development standards, is hereby amended
as set forth in Exhibit E.
Section 6. Amendment of Municipal Code Section 22C.090.090. A new MMC
Section 22C.090.090, entitled Enforcement, is hereby adopted as set forth in Exhibit F.
Section 7. Required Findings. The amendments to MMC Title 22 (consisting of
amendments to MMC Sections 22C.090.020, 22C.090.030, 22C.090.040, 22C.090.060, and
Code Amendments Residential Density Incentives Page 2 of 16
22C.090.080, along wit h adoption of the new and section 22C.090.090 are consistent with
the following required findings of MMC 22G.010.520:
(1) The amendments are consistent with the purposes of the comprehensive plan;
(2) The amendments are consistent with the purpose of MMC Title 22;
(3) There have been significant changes in t he circumstances to warrant a
change;
(4)
the act ion
The benefit or cost to the public health, safety and welfare is sufficient to warrant
Section 8. Amendment Tracking. MMC Section 22A.010.160, entitled
"Amendments," is hereby amended as follows by adding reference to this adopted ordinance
in order t o track amendments to the City's Unified Development Code (all unchanged
provisions of MM C 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
Resident ial Density Incentives 'i;'"J V,# 2-2--='--''-V...::__:'U ~~;....::__-I 2022"
Section 9. 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
j urisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other sect ion, subsection, se ntence, clause, phrase or word of this
ordinance.
Section 10. Corrections. Upon approval by the city attorney, t he cit y clerk or the
code reviser are authorized to make necessary corrections to t his ordinance, incl uding
scrivener's errors or clerica l mistakes; references to other local, st ate, or federal laws, rules,
or regulations; or numbering or referencing of ordinances or their sections and subsections
Section 11. 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 t he Mayor this \ j.+i.-. day of
__ __._1"1t......,l,(Y)L,'---'--'=-----' 2022.
CITY OF MARYSVILLE
By:
JON
Attest :
By:
Code Amendments Residential Density Incentives Page 3 of 16
DEPUTY CITY CLERK
Approved as to form:
, CITY ATTORNEY
Date of Publication: L,. ,, . 2.o2.7..
Effective Date: lt:,. 2..2 ~'2-o'L"L --~~
(5 days after publication)
Code Amendments Residential Density Incentives Page 4 of 16
Exhibit A
22C.090.020 Permitted locations of residential density incentives.
Residential density incentives (RDI) shall be used only on sites served by public sewers and
only in the following zones:
(1) In R-12 through R-28 zones;
(2) Planned residential developments;
(3) In MU, CB, and GC and DC zones;
( 4) SF, MF, and MU zones within the Whiskey Ridge master plan; and
(5) DC, MS, F, FR. MMF, MHl, MH2 zones within the downtown master plan.
Code Amendments Residential Density Incentives Pages of 16
Exhibit B
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 (4) 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. Substantially similar benefits cannot be applied to the same area or improvement
type within a development, unless approved by the Director.
(3) Residential development~ in R 12 through R 28 z:ones 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 (4) 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 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 1.5 bonus units per benefit, up to a maximum of
housing permanently priced to serve 30 low-income units per five acres of site area;
nonelderly low-income households (i.e., no projects on sites of less than five acres shall be
greater than 30 percent of gross income limited to 30 low-income units.
for household 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 shall
be recorded at final approval.
b. Benefit units consisting of rental 1.5 bonus units per benefit, up to a maximum of
housing designed and permanently priced 60 low-income units per five acres of site area;
to serve low-income senior citizens (i.e., projects on sites of less than five acres shall be
no greater than 30 percent of gross limited to 60 low-income units.
income for one-or two-person 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).
Code Amendments Residential Density Incentives Page 6 of 16
Benefit Density Incentive
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 1.0 bonus unit per benefit unit.
park 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 t it le.
b. Improvement of dedicated public faci lity 2 -10 (range dependent on facilit y
site to city of Marysville standards for t he improvements) bonus units per acre of
proposed faci lity type. improvement. 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.
c. Improvement of dedicated t rai l segment 1.8 bonus units per one-quarter mile of trail
to city of Marysville standards. constructed to city standard for pedestrian trails;
or
2.5 bonus units per one-quarter m ile 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 t he dedication.
d. Dedication of open space, meeting city 2 bonus units per acre of open space.
of 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. Contribut ion towards an identified $15,000 25,000 per bonus unit. Bonus units may
capital improvement project, including, but only be claimed in whole numbers or 0.5 bonus
not limited to, parks, roadways, bicycle unit increments.
Code Amendments Residential Density Incentives Page 7 of 16
Benefit Density Incentive
facilities, gedestrian facilities, multi-use
trails, til:ilil:ies, gateway sign, etc.
4. Historic Prese rvation
a. Dedication of a site containing an 0.5 bonus unit per acre of historic site.
historic 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 0.5 bonus unit per acre of site or 1,000 square
designated as an historic landmark. feet of floor area of building restored.
5. Locational/Mixed Use
a. Developments located within one-5 percent increase above the base density of the
quarter mile of transit routes, and within zone.
one mile of fire and police stations,
medical, shopping, and other community
services.
b. Mixed use developments over one acre 10 percent increase above the base density of
in size having a combination of commercial the zone.
and 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 tract used for active recreation.
water facility tract.
b. Developments that incorporate passive 2 bonus units per acre of the storm water facility
recreation faci lities that utilize the storm tract used for passive recreation.
water 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 bee n
cleared of evergreen trees within two
years prior to the date of application for
PR&-land use approval. Density increases
granted which were based upon
preservation of existing trees shall be
forfeited if such trees are removed
Code Amendments Residential Density Incentives Page 8 of 16
Benefit Density Incentive
between the time of preliminary and final
approval and issuance of building permits.
b. Retention or creation of a perimeter 1 bonus unit per 500 lineal feet of perimeter
buffer, composed of existing trees and buffer retained, enhanced or created (when not
vegetation, or additional plantings, in otherwise required by city code).
order to improve design or compatibility
between neighboring land uses.
c. Installation of perimeter fencing ef and 1 bonus unit per 500 lineal feet of perimeter
landscaping, at least six feet in width, in fencing or landscaping installed (when not
order to improve design or compatibility otherwise required by code).
between neighboring land uses.
This benefit shall not be gursued when ant
of the following circumstances a1212lt: l}
fencing or landscaging is otherwise
reguired bt code, or 2} landscaging is
voluntarilt grovided in order to deviate
from other code reguirements.
d. Project area assembly involving 20 10 percent increase above the base density of
acres or more, incorporating a mixture of the zone.
housing types (detached/attached) and
densities.
e. Private park and open space facilities 5 bonus units per improved acre of park and
integrated into project design. open space area. Ongoing facility maintenance
provisions are required as part of ROI approval.
f. Enhanced Ent!}'. Landscaging 1 bonus unit ger 2,500 sf of additional enhanced
ent!}'. landscaged area (when not otherwise
reguired bt code}. A minimum of 1,000 sf of
ent!}'. landscaging of excegtional, outstanding or
unigue design, as determined bt the director
must be grovided in order to gualifv for this
benefit.
8. Energy Conservation Green Building
a. Construction of a certified Leader in 0.20 bonus unit for each certified unit
Energy and Environmental Design (LEED) constructed.
Gold or better rating. Evergreen
Sustainable Development Standard
(ESDS), Built Green 4-Star or better
Code Amendments Residential Density Incentives Page 9 of 16
Benefit Density Incentive
rating, or other equivalent certified energy
efficient unit as approved by the director.
Certification due 120 days after final
building insgections granted, or a
Certificate of Occu gancy is issued.
9. l::ew IA'lpaet 9evelepmeAt (1::19➔ -
a. IAtegrntieA ef 1::19 ffieasttFes iA prnjeet 5 19 13eFeeAt iAEFease eveF ease deAsit•,• (FaAge
desigA aAd steFmwateF foeility depeAdeAt eA degFee ef 1::19 iAtegFatieA iA prnjeet
eeAStFttEtieA. desigA aAd eeAStFttEtieA➔.
10. PedestFiaA CeAAeetieAS aAd VValkaeility
a. CeAStFttEtieA ef aA ideAtified 1 eeAtts ttAit 13eF 75 liAeal feet ef fFeAtage
13edestFiaAf eie•tele defieieAey (13eF eity ef iffi13FeveffieAt (EttFe, gtttteF, sidewalks➔ eA ffiiAeF
~~aFysville iffi13rnveffieAt 13laA➔. aFteFial stFeets. (Fee iA liett ef im13Fe1veffieAt at
lm13rnveffieAts may eeAsist ef 13aved $15,000 13eF eeAttS ttAit.➔
sl:lett ldeF, sidewalk eF detael:led 13atl:l eF 1 eeAtts ttAit 13eF 100 liAeal feet ef frnAtage
walkway de13eAdiAg eA adjeiAiAg iffiJ:lF0'veffieAt (EttFB, gttHeF, sidewalks➔ eA
eeAditieAS. Aeigl:leeFl:leed eelleeteF eF eelleeteF aFteFial
stFeets.
1 eeAttS ttAit 13eF 300 liAeal feet ef walkwa•t
iffi13rnvemeAt (7 feet paved sl:lettldeF eF
•11alk•·•a11➔ 'ft rt , . (Rate ffiay ee iAEFeased if additieAal
Fig At ef wa•t is FeEjttiFed .➔
11.2. CFitieal AFeas BttffeF EAAaAEeffieAt -
a. EAAaAEeffieAt ef a degrnded EFitieal 1 eeAtts ttA it 13eF aeFe ef ettffeF eAl:laAeeffieAt iA
aFeas ettffeF, iA aeeeFdaAee witl:l exeess ef wl:lat is rnqttiFed ey Cl:lapteF 22E.0l0
Cl:la13teF 22E.010 MMC, CFi t ieal AFeas MMC.
~~aAageffieAt .
(5) All benefits shall be comgleted grior to final subdivision, short subdivision, or binding
site glan being recorded, or grior to granting a Certificate of Occugancy. unless otherwise
sgecified in MMC Section 2 2C.090.030(4).
Code Amendments Residential Density Incentives Page 10 of 16
Exhibit C
22C.090.040 Density bonus recreation features.
To qualify as bonus units. the recreational amenities listed in this section must be provided
in excess of the recrea tional amenities otherwise required in the MMC for the development.
(1) Active recreation features qualifying for a density bonus shall include one or more of the
following :
(a) Mult ipurpose sport court;
(b) Basketball court;
(c) Tennis court;
(d) Tot lot with play eq uipment (soft surface);
(e) Any other active recreation use approved by the director.
(2) Passive recreation qualifying for density bonus shall include one or more of the
following:
(a) Open play areas;
(b) Pedestrian or bicycle paths;
(c) Picnic areas with tables and benches;
(d) Gazebos, benches and other resident gathering areas;
(e) Co mmunity gardens;
(f) Nature interpretive areas;
(g) Waterfalls, fountains, streams;
(h) Any other passive recreation use approved by the director.
(3) Design in ponds as dual use storm water retention/detention and/or recreation facilities.
(a) The facility should shall be designed with emphasis as a recreation area, not a
storm water control structure. The majority of the storm water
retention/det ention tract shall be designed as usable open recreation area.
(b) Control structures shall not be prominently placed. Care should be taken to
blend them into the perimeter of t he recreation area.
Code Amendments Residential Density Incentives Page 11 of 16
(c) The number of accesses shall be minimized, and the accesses should be paved
or designed to serve as both an access and an amenity. For example, an access
could be painted to allow for hopscotch or other recreational activities.
W .(Ql Ponds used as recreation areas shall have a curvilinea r design with a shallow water
safety bench.
Code Amendments Residential Density Incentives Page 12 of 16
Exhibit D
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;
(b) When the primary proposal requires a public hearing, the public hearing on
the primary proposal shall serve as the hearing on the ROI proposal, and the
reviewing authority shall make a consolidated decision on the proposed
development and use of ROI;
(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 ROI; and
(d) The notice for the ROI 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 that 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 ROI
chapter and be consistent with the city of Marysville comprehensive plan.
(3) The following are required for ROI applications that propose to earn bonus units using
Green Building techniques:
(a) At time of preliminary land use (subdivision. short subdivision, binding site
plan or site plan) application, the applicant shall:
(i) Identify the Green Building program being used, and t he name of the
third-party reviewer. if applicable:
(ii) Identify the lots that will use the Green Building techniques: and
(iii) Provide a completed draft Green Building program (e.g. Built Green)
checklist identifying the Green Building techniques to be used.
(b) At time of building permit application. the applicant shall :
(i) Check the "Green Building" box on the Combined Building Permit
Application:
Code Amendments Residential Density Incentives Page 13 of 16
(ii) Provide the name of t he Green Building program being used, and the
name of the third-party reviewer, if applicable: and
(iii) Provide a completed Green Building program checklist identifying the
Green Building techniques to be used with each house model.
(c) Within 120 days of final building inspections being granted, or a Certificate of Occupancy
being issued, the applicant shall provide the City with a copy of the Green Building
Certification.
Code Amendments Residential Density Incentives Page 14 of 16
Exhibit E
22C.09 0 .080 Al'l'lieebilitr of de..,elol'me"t ste"derds Timing.
Timing of RDI public benefit payment, covenant recording, dedication, and/or improvements
are specified in the eligible public benefits table, MMC 22C.090.030 (4), or MMC
22C.090.030 (5). Public benefits cannot be deferred or bonded. When extenuating
circumstances exist, and on a case-by-case basis, the Community Development Director
may provide flexibility for t he completion of a public benefit.
(1) RDI developments shall comply ·11ith dimensional standards of the zone with a base
density most closely comparable to the total approved density of the RDI development.
(2) RDI developments in the R 12 through R 28 zones and the mixed use zone shall be
landscaped in accordance with Chapter 22C.120 MMC.
(3) RDI developments shall provide parking as follows:
(a) Projects with 100 percent affordable housing shall provide one off street
parking space per unit. The communit•,r development director may require
additional parking, up to the maximum standards for attached dwelling units,
which may be provided in common parking areas.
(b) All other RDI proposals shall provide parking consistent with
Chapter 22C. 130 MMC.
(4) RDI developments shall provide on site recreation space at the levels required in
MMC 22C.010.320 and 22C.020.270.
Code Amendments Residential Density Incentives Page 15 of 16
Exhibit F
22C.090.090 Enforcement.
In t he event the approved residential density option is no longer feasible or cannot be
achieved prior to final subdivision, short subdivision. or binding site plan being recorded, or
prior to issuance of a Certifi ca te of Occupancy. the project proponent shall be required to
choose a new benefit from the benefit options outlined in MMC 22C.090.030 (4) in order to
achieve the density bonus lot or unit. or the bonus lot or unit shall be forfeited.
Code Amendments Residential Density Incentives Page 16 of 16