Item #05
Date: July 2, 2024
To: Mayor and City Council
From: Vincenzo S. Corazza, Public Works Director
Jim Schaad, City Manager
Subject: Approve Ordinance No. 1454 Approving Amendment to Chapter 11.04 Recommendation:
Pass a Motion to 1) adopt Ordinance No. 1454, that was presented and heard on June 18, 2024, and 2) waive the second reading of the Ordinance authorizing the changes to Chapter 11.04 of the Marysville Municipal Code entitled “Improvement Requirements and Locations”.
Rationale for Recommendation:
The purpose of revising the Marysville Municipal Code (MMC) 11.04 is to clarify the off-site construction requirements for development both for new construction and renovation of existing properties, exempt fourplex and below residential developments from off-site roadway improvements as well as provide an appeal process.
Background:
Section 11.04.020 was last updated in 1982 and has been cited for off-site improvement requirements when a new development or a renovation equaling 25% or more of the assessed value of the property is proposed.
In March 2024, a developer had raised concerns regarding vagueness of the municipal code, questioning what in the municipal code specifically requires pavement of the roadway as part of the improvements required.
In April 2024, staff discussed with the developer and formulated the proposed ordinance language to clarify the off-site requirements.
On May 7, 2024, an ordinance to revise Chapter 11.04 was brought to Council and after public input and discussion with City Attorney input, Council created an Ad-Hoc committee consisting of Vice Mayor Buttacavoli and Councilmember Belza and staff to reexamine the changes.
On May 10, 2024, the Frontage Improvement Ad-Hoc Committee met and formed the basis for current proposed ordinance changes.
On June 18, 2024, Ordinance 1454 was introduced to City Council and voted unanimously for second reading.
Discussion & Analysis:
Item #05
The existing Chapter 11.04.020 of MMC resides in Title 11 Streets and Sidewalks under Section 11.04 Improvement Requirements and Location. Subsection 11.04.020 addresses off-site improvements to the adjacent streets (including our substandard streets commonly referred to as alleys). These include “all street work, including curbs, gutters, sidewalks, paveouts, drainage improvements, and driveway approaches…along all street frontages of property…”. A recent development challenged the off-site improvement requirements and specifically the word “paveouts”.
This section of the code was last updated in 1982 and the word paveouts isn’t commonly used today but has been interpreted since by previous City Engineers and Public Works Directors as paving the street in front of the adjacent property to the centerline of the road. The intent is that when the adjacent property on the other side of the road also gets developed, they too would be required to pave their half of the roadway and in the end, a newer full-width roadway section would be constructed.
Each development application undergoes careful scrutiny by the Community Development Department, involving consultation with the City Engineer and Public Works Department. Considerations include street conditions, vehicular access, and the necessity of street improvements. It is important to note the unique nature of each development proposal. Over the past year and a half, the process has remained consistent, with assessments conducted early on to inform developers of project costs. Projects such as the B Street Project, the 514 I Street Apartments, and the recent 414 11th Street Tri-Plex are projects that underwent different requirements based on their unique circumstances.
The Ad-Hoc committee focused on changes that were discussed both with the Council as well as input from the Public, namely: 1) Redefine the term “Paveout” 2) No in-lieu fee, 3) Exempt fourplexes and less residential projects 4) No retroactivity clause and 5) Create an appeal process to go through the Planning Commission and ultimately to City Council if need be.
Legal Review:
The ordinance language has been reviewed and approved by the City Attorney.
Fiscal Analysis:
There is no fiscal impact with this item.
Attachment:
1) Ordinance No. 1454