Loading...
HomeMy WebLinkAboutO-3350 - Unit Lot Subdivisions Interim RegulationsUnit Lot Subdivisions Interim Regulations Page 2 of 9 WHEREAS, applicants would be able to submit development applications under the proposed interim zoning ordinance; and WHEREAS, during this six-month period, the City Council will consider permanent Unit Lot Subdivision regulations; and WHEREAS, while the interim zoning ordinance is in effect, the City Council will direct City staff to consider all relevant facts, perform all necessary analyses, and work with the Marysville Planning Commission to prepare permanent Unit Lot Subdivision regulations; and WHEREAS, during this six-month period, an ordinance which includes permanent Unit Lot Subdivision regulations will be drafted and processed according to applicable law, which will include a notice of Public Hearing(s), and consideration/action on the final ordinance by City Council; and WHEREAS, the City Council considered this interim ordinance during the Council’s regular meeting on June 23, 2025; WHEREAS, the City Council will hold a Public Hearing on July 14, 2025 to accept public testimony and to consider such interim zoning ordinance; and WHEREAS, the City Council adopts the findings and conclusions outlined in Section 2; and WHEREAS, the interim zoning ordinance and other official controls are necessary for the public health, safety, and welfare; and WHEREAS, this is a public emergency ordinance necessary for the protection of public health and public safety, and should be effective upon adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The purpose of this interim zoning ordinance is to allow the City adequate time to complete the activities described in the recitals, which are incorporated by this reference. These activities will be performed while an interim zoning ordinance establishing interim Unit Lot Subdivision regulations are in effect. The City Council finds that the adoption of an interim zoning ordinance for a six-month period will best serve the public interest. Said interim regulations are set forth in attached Exhibit A. Section 2. The City Council makes the following findings of fact and conclusions in support of the interim zoning ordinance. (1) The City Council adopts and incorporates the recitals above as findings. (2) The interim zoning regulations set forth in Exhibit A will allow for Unit Lot Subdivisions that comply with RCW 58.17.060, while establishing interim standards promotes Unit Lot Subdivisions that align with the community’s vision. (3) It is in the best interest of City of Marysville to adopt interim Unit Lot Subdivision regulations at this time, pending further study and public engagement on the final development regulations. Unit Lot Subdivisions Interim Regulations Page 5 of 9 Exhibit A Chapter 22G.095 Unit Lot Subdivisions 22G.095.010 Purpose. The purpose of this chapter is to provide an alternate process for the subdivision of land into unit lots for the creation of townhouse, cottage housing, Middle Housing, and similar developments. This process allows for fee-simple ownership while applying development standards primarily to a parent lot, rather than to the individual lots resulting from a subdivision. 22G.095.020 Applicability. (1) The provisions of this chapter apply exclusively to the subdivision of land for Middle Housing, cottage housing, townhouses, accessory dwelling units, and multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use. These regulations ensure that development on individual unit lots need not conform to minimum lot area or dimensional standards, provided the overall development of the parent lot meets applicable standards. (2) A unit lot subdivision is permitted in all residential zones and in the Mixed Use zone. (3) The term “parent lot” is defined in MMC 22A.020.170, and terms “unit lot” and “unit lot subdivision” are defined in MMC 22A.020.220. (4) A unit lot subdivision creates a relationship between the parent lot and two or more unit lots created. (5) A unit lot subdivision may be used for any development with two or more dwelling units on parent lots of two acres or less that meet the standards of this chapter. (6) A unit lot subdivision may be combined with a subdivision or short subdivision so long as the portion of the development utilizing this chapter meets the requirements of this chapter. (7) Existing developments which meet or can be brought into conformance with the requirements of this chapter may apply for a unit lot subdivision under the conditions of this chapter. (8) Subdivisions with a commercial or other non-residential use must be approved through a binding site plan under Chapter 22G.100 MMC. Unit Lot Subdivisions Interim Regulations Page 6 of 9 22G.095.030 General requirements. (1) Unit lots are subject to all applicable requirements of MMC Title 22, Unified Development Code, except as modified by this chapter. (2) A maximum number of 20 unit lots may be created through the unit lot subdivision process. (3) Development on individual unit lots need not conform to minimum lot area, density, lot frontage, or dimensional requirements; provided, that development on the parent lot must conform to these requirements. (4) All buildings shall meet all applicable provisions set forth in Title 9, Fire and Title 16, Building. (5) Access for the unit lot subdivision can be provided via a private multi-family drive aisle, alley, or private road. Each access type must conform to the standards set forth in the City’s Engineering Design and Development Standards. Multi-family drive aisles shall comply with the following standards: (a) Where buildings are located on both sides of a drive aisle, sidewalks must be provided on each side. Where buildings are located on only one side of a drive aisle, the sidewalk must be located on the side of the drive aisle that the buildings are located on. (b) The drive aisle shall comply with standards set forth in Chapter 22C.130 MMC including the dimensional requirements in MMC 22C.130.050, Table 2; provided that, the width of the drive aisle shall be increased to 26 feet where required by MMC Title 9 Fire. (c) The drive aisle shall be constructed with a subgrade and compaction as specified in the City’s Engineering Design and Development standards. (6) Required parking for a dwelling unit may be provided on a different unit lot than the dwelling unit if the right to use the parking is formalized by an easement recorded with the Snohomish County Auditor. (7) Individual water and sewer connections shall be provided for each unit lot except as specifically exempted in Title 14, Water and Sewers. (8) A minimum of five (5) feet of separation is required between structures; provided that, this separation may be reduced if: Unit Lot Subdivisions Interim Regulations Page 7 of 9 (a) Adequate fire rating is provided between structures per the International Building Code; and (b) A 44-inch-wide paved pathway that is free of obstructions is provided between structures to ensure adequate access for emergency services. (9) Adequate provisions for ingress, egress, emergency services, and utilities must be ensured through recorded easements. Access easements, joint use agreements, and maintenance agreements must be executed for use and maintenance of common areas and recorded with the county. (10) Portions of the parent lot not subdivided for unit lots shall be identified as tracts and owned in common by the owners of the unit lots. (11) Common areas and facilities, which may include parking, common open space, and stormwater facilities shall be maintained by a homeowners’ association or the owners of the unit lots. (12) Two hundred (200) square feet of private open space, with a minimum dimension of 15 feet, shall be provided for each unit lot on the respective unit lot it serves. Parking areas shall not count towards required open space. (13) A unit lot subdivision may be amended subject to the minor revision requirements set forth in MMC 22G.010.260(2). 22G.095.040 Application procedure. (1) Unit lot subdivisions creating 10 to 20 lots shall be processed as a subdivision under Chapter 22G.090 MMC. (2) Unit lot subdivisions creating nine or fewer lots shall be processed as a short subdivision under Chapter 22G.090 MMC. (3) Applications for a unit lot subdivision must fulfill the applicable requirements for a subdivision or short subdivision, and also identify: (a) Areas and facilities owned in common by the owners of the unit lots, including garages, parking, vehicle access, and open space; (b) Access easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association for use and maintenance of common areas; and (c) Conformance of the parent lot with all applicable development requirements of MMC 22G.090 Subdivisions and Short Subdivisions. Unit Lot Subdivisions Interim Regulations Page 8 of 9 22G.095.050 Approval criteria. Unit lot subdivisions are the approval requirements set forth in Chapter 22G.090 MMC for a subdivision or short subdivision, as applicable, in addition to the following additional criteria: (1) The requirements provided in this chapter are satisfied; (2) The parent lot is designed to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance, and parking; (3) The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access, and other improvements are identified and enforced by covenants, easements or restrictions; and (4) Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and parks and recreation. 22G.095.060 Recording. The plat recorded with the Snohomish County Auditor for a unit lot subdivision is required to include the following in addition to the requirements in MMC Chapter 22G.090 Subdivisions and Short Subdivisions: Article II Preliminary Subdivision Review, Article III Final Subdivision Review, and Article IV Short Subdivision Review: (1) A title that includes “Unit lot subdivision.” (2) Access easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association for use and maintenance of common areas, including garages, parking, vehicle access, and open space. (3) Note all conditions of approval. (4) Notes to acknowledge the following: (a) Approval of the unit lot subdivision was based on the review of the development as a whole on the parent lot and unit lots are not buildable lots independent of the overall development; (b) Subsequent platting actions or additions or modifications to structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved site plan; Unit Lot Subdivisions Interim Regulations Page 9 of 9 (c) If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan; (d) Additional development of the individual unit lots may be limited due to the development standards that the parent lot is subject to; (e) Individual unit lots are not separate buildable sites and additional development may be limited; and (f) Subsequent platting actions or modifications may not create or increase nonconformity of the parent lot. 22G.095.070 Conflicts. Any irreconcilable conflicts between the provisions of this chapter and other sections of the Marysville Municipal Code shall be resolved in favor of the text of this chapter.