Chapter 22C.090
RESIDENTIAL DENSITY INCENTIVES

Sections:

22C.090.010    Purpose.

22C.090.020    Permitted locations of residential density incentives.

22C.090.030    Public benefits and density incentives.

22C.090.040    Density bonus recreation features.

22C.090.050    Rules for calculating total permitted dwelling units.

22C.090.060    Review process.

22C.090.070    Minor adjustments in final site plans.

22C.090.080    Applicability of development standards.

22C.090.010 Purpose.

The purpose of this chapter is to provide density incentives to developers of residential lands in exchange for public benefits to help achieve comprehensive plan goals of creation of quality places and livable neighborhoods, affordable housing, open space protection, historic preservation, energy conservation, and environmentally responsible design by:

(1) Defining in quantified terms the public benefits that can be used to earn density incentives;

(2) Providing rules and formulae for computing density incentives earned by each benefit;

(3) Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and

(4) Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment. (Ord. 2852 § 10 (Exh. A), 2011).

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, GC and DC zones; and

(4) SF, MF, and MU zones within the Whiskey Ridge master plan. (Ord. 2852 § 10 (Exh. A), 2011).

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.

(3) Residential development in R-12 through R-28 zones 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 housing permanently priced to serve nonelderly low-income households (i.e., no greater than 30 percent of gross income 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.

1.5 bonus units per benefit, up to a maximum of 30 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 30 low-income units.

 

b. Benefit units consisting of rental housing designed and permanently priced to serve low-income senior citizens (i.e., no greater than 30 percent of gross 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). 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.

1.5 bonus units per benefit, up to a maximum of 60 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 60 low-income units.

c. Benefit units consisting of mobile home 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.

1.0 bonus unit per benefit unit.

2. Public Facilities (Schools, Public Buildings or Offices, Trails and Active Parks)

 

a. Dedication of public facilities site or trail right-of-way meeting city of Marysville or agency location and size standards for the proposed facility type.

10 bonus units per usable acre of public facility land or one-quarter mile of trail exceeding the minimum requirements outlined in other sections of this title.

b. Improvement of dedicated public facility site to city of Marysville standards for the proposed facility type.

2 – 10 (range dependent on facility improvements) bonus units per acre of 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 trail segment to city of Marysville standards.

1.8 bonus units per one-quarter mile of trail constructed to city standard for pedestrian trails; or

2.5 bonus units per one-quarter mile 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 the dedication.

d. Dedication of open space, meeting city of Marysville acquisition standards, to the city, county or a qualified public or private organization such as a nature conservancy.

2 bonus units per acre of open space.

3. Community Image and Identity

 

a. Contribution towards an identified capital improvement project, including, but not limited to, parks, roadways, utilities, gateway sign, etc.

$15,000 per bonus unit.

4. Historic Preservation

 

a. Dedication of a site containing an 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.

0.5 bonus unit per acre of historic site.

b. Restoration of a site or structure designated as an historic landmark.

0.5 bonus unit per acre of site or 1,000 square feet of floor area of building restored.

5. Locational/Mixed Use

 

a. Developments located within one-quarter mile of transit routes, and within one mile of fire and police stations, medical, shopping, and other community services.

5 percent increase above the base density of the zone.

b. Mixed use developments over one acre in size having a combination of commercial and residential uses.

10 percent increase above the base density of the zone.

6. Storm Drainage Facilities

 

Dual use retention/detention facilities.

 

a. Developments that incorporate active recreation facilities that utilize the storm water facility tract.

5 bonus units per acre of the storm water facility tract used for active recreation.

b. Developments that incorporate passive recreation facilities that utilize the storm water facility tract.

2 bonus units per acre of the storm water facility tract used for passive recreation.

7. Project Design

 

a. Preservation of substantial overstory vegetation (not included within a required NGPA). No increase in permitted density shall be permitted for sites that have been cleared of evergreen trees within two years prior to the date of application for PRD approval. Density increases granted which were based upon preservation of existing trees shall be forfeited if such trees are removed between the time of preliminary and final approval and issuance of building permits.

5 percent increase above the base density of the zone.

b. Retention or creation of a perimeter buffer, composed of existing trees and vegetation, or additional plantings, in order to improve design or compatibility between neighboring land uses.

1 bonus unit per 500 lineal feet of perimeter buffer retained, enhanced or created (when not otherwise required by city code).

c. Installation of perimeter fencing or landscaping, in order to improve design or compatibility between neighboring land uses.

1 bonus unit per 500 lineal feet of perimeter fencing or landscaping installed (when not otherwise required by code).

d. Project area assembly involving 20 acres or more, incorporating a mixture of housing types (detached/attached) and densities.

10 percent increase above the base density of the zone.

e. Private park and open space facilities integrated into project design.

5 bonus units per improved acre of park and open space area. Ongoing facility maintenance provisions are required as part of RDI approval.

8. Energy Conservation

 

a. Construction of a certified Leader in Energy and Environmental Design (LEED), Evergreen Sustainable Development Standard (ESDS), Built Green, or other equivalent certified energy efficient unit as approved by the director.

0.20 bonus unit for each certified unit constructed.

9. Low Impact Development (LID)

 

a. Integration of LID measures in project design and storm water facility construction.

5 – 10 percent increase over base density (range dependent on degree of LID integration in project design and construction).

10. Pedestrian Connections and Walkability

 

a. Construction of an identified pedestrian/bicycle deficiency (per city of Marysville improvement plan). Improvements may consist of paved shoulder, sidewalk or detached path or walkway depending on adjoining conditions.

1 bonus unit per 75 lineal feet of frontage improvement (curb, gutter, sidewalks) on minor arterial streets. (Fee in lieu of improvement at $15,000 per bonus unit.)

1 bonus unit per 100 lineal feet of frontage improvement (curb, gutter, sidewalks) on neighborhood collector or collector arterial streets.

1 bonus unit per 300 lineal feet of walkway improvement (7-foot paved shoulder or walkway). (Rate may be increased if additional right-of-way is required.)

11. Critical Areas Buffer Enhancement

 

a. Enhancement of a degraded critical areas buffer, in accordance with Chapter 22E.010 MMC, Critical Areas Management.

1 bonus unit per acre of buffer enhancement.

(Ord. 3074 § 1, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22C.090.040 Density bonus recreation features.

(1) Active recreation features qualifying for a density bonus shall include one or more of the following:

(a) Multipurpose sport court;

(b) Basketball court;

(c) Tennis court;

(d) Tot lot with play equipment (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) Community 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 be designed with emphasis as a recreation area, not a storm water control structure. The majority of the storm water retention/detention 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 the recreation area.

(c) Ponds used as recreation areas shall have a curvilinear design with a shallow water safety bench. (Ord. 2852 § 10 (Exh. A), 2011).

22C.090.050 Rules for calculating total permitted dwelling units.

The total dwelling units permitted through RDI review shall be calculated using the following steps:

(1) Calculate the number of dwellings permitted by the base density of the site in accordance with Chapters 22C.010 and 22C.020 MMC;

(2) Calculate the total number of bonus dwelling units earned by providing the public benefits listed in MMC 22C.090.030;

(3) Add the number of bonus dwelling units earned to the number of dwelling units permitted by the base density;

(4) Round fractional dwelling units down to the nearest whole number; and

(5) On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone. Bonus units may be reallocated within the zone in the same manner set forth for base units in MMC 22C.010.230 and 22C.020.200. (Ord. 3074 § 2, 2017; Ord. 2852 § 10 (Exh. A), 2011).

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 RDI proposal, and the reviewing authority shall make a consolidated decision on the proposed development and use of RDI;

(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 RDI; and

(d) The notice for the RDI 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 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 RDI chapter and be consistent with the city of Marysville comprehensive plan. (Ord. 3074 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22C.090.070 Minor adjustments in final site plans.

When issuing building permits in an approved RDI development, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not:

(1) Increase the number of dwelling units;

(2) Decrease the amount of perimeter landscaping (if any);

(3) Decrease residential parking facilities (unless the number of dwelling units is decreased);

(4) Locate structures closer to any site boundary line; or

(5) Change the locations of any points of ingress and egress to the site. (Ord. 2852 § 10 (Exh. A), 2011).

22C.090.080 Applicability of development standards.

(1) RDI developments shall comply with 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 community 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. (Ord. 2852 § 10 (Exh. A), 2011).