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HomeMy WebLinkAboutO-3235 - Renewing for an additional six months established by O-3216CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. -32 35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, RENEWING FOR AN ADDITIONAL SIX MONTHS THE INTERIM DEVELOPMENT REGULATIONS ESTABLISHED BY ORDINANCE 3216, WHICH RELATED TO THE MAXIMUM DENSITY: DWELLING UNIT/ACRE IN THE COMMUNITY BUSINESS ZONE AND WHICH AMENDED MMC SECTION 22C.020.080. WHEREAS, 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 permitting 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 Comprehensive 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 several development inquiries related to exclusive multi-family development within the Community Business (CB) zone and inquiries with minimal commercial uses proposed; and WHEREAS, the development inquiries within the Community Business zone are inconsistent with the original vision for this zone; and WHEREAS , the Community Business zone is spread throughout different locations of the City, which different locations have undergone differing levels of growth and development over the past several years; and WHEREAS , the changed market conditions in differing portions of the Community Business zone may warrant a rezone of certain parts of the Community Business zone; and WHEREAS, on May 23 , 2022 , the City Council adopted Ordinance 3216 , which adopted interim development regulations that established residential density limits in the Community Business zone, by amending MMC 22C .020.080 (which Ordinance 3216 is attached hereto as Exhibit A); and WHEREAS, the City adopted Ordinance 3216 in order to provide it time to consider: (a) the appropriateness of multiple-family dwelling units as a permitted use within the Community Business zone as a whole; (b) potential density requirements on multiple-family dwelling units in the Community Business zone ; and (c) a potential rezone of certain portions of the Community Business zone ; and WHEREAS , Ordinance 3216 expires on November 23 , 2022 ; and WHEREAS , RCW 35A.63.220 authorizes the renewal of interim regulations for an additional six-month period , effective November 23 , 2022; and WHEREAS , the City has determined that renewal of the interim development regulations as adopted by Ordinance 3216 is necessary 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 , and to allow adequate time for the City to consider a potential rezone of certain portions of the Community Business zone ; and WHEREAS , pursuant to RCW 35A .63.220, on October 24, 2022 , the City Council conducted a public hearing on the renewal of the interim development regulations as adopted by Ordinance 3216 and took public testimony and considered findings of fact. 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 adopted as the City Council 's findings of fact in support-of the renewal of the interim development regulations adopted by Ordinance 3216. Section 2. Renewal of Interim Development Regulations; Duration. The interim development regulations adopted by Ordinance 3216 on May 23 , 2022, attached hereto as Exhibit A , are renewed and shall remain in full force and effect for six (6) months following the effective date of this Ordinance. Section 3. 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 4 . Correction. 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 5. Effective Date. This ordinance shall become effective on November 23 , 2022. PASSED by the City Council and APPROVED by the Mayor this 2L\"'"' day of Ovroloe..-r , 20 n__. Attest: By ~ ClTY OF MARYSVILLE By_~~·~~~~~==--~~- JQNNElfRJNG ,~ ~Glftt.VC &~l,{, DEPUTY CITY CLERK Date of publication: lo. 2 8 . 2°2 '2 Effective Date: I\ . D2. 2o 2.1.. 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 dimens ion 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. 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 Dwell in g (18) 12 12 28 (1) 0 0 0 0 0 12 0 unit/acre Maximum None 1l None density : Dwe ll ing (18) Nooe (13) 28 0 0 0 0 0 18 (13) 0 unit/acre ~ 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 (s ide) None None None (4) (4) None None None 5 feet None 20 feet (4) (4) (9) 50 50 (4) (4) (4) (9 , 16, (4) feet feet 17) (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 : (11) (11) Percentage