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HomeMy WebLinkAboutOrdinance No. 2022-027 An Ordinance of the City of Arlington, Washington Amending Chapter 20.76 of the Arlington Municipal Code Regarding Zoning Regulations for Screening and Trees ORDINANCE NO. 2022-027 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.76 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING REGULATIONS FOR SCREENING AND TREES WHEREAS, the City staff has engaged in a comprehensive review and has proposed an update containing numerous revisions to the Arlington Municipal Code (AMC); and WHEREAS, the Arlington Planning Commission held numerous meetings concerning the revisions, including discussions occurring at the following meetings of the commission: • January 4, 2022 • March 1, 2022 • March 15, 2022 • April 5, 2022 • April 19, 2022 • May 3, 2022 • May 17, 2022 • June 7, 2022 • June 23, 2022 • July 25, 2022 • August 2, 2022 • September 6, 2022 • September 20, 2022; and WHEREAS, the Arlington Planning Commission provided notice of and took public testimony concerning the changes at public hearings which occurred on September 20, 2022; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions initially with docketing meetings on March 28, 2022 and April 4, 2022, and also at a joint meeting with the Planning Commission on July 25, 2022, and then on October 10, 2022 and at a public hearing conducted on October 17, 2022; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and ORDINANCE NO. 2022-027 1 WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with limited comments from state agencies, all of which were addressed by the City; and WHEREAS, having considered the public testimony, the input from the Planning Commission and state agencies,the Council deems the adoption of these amendments to be in the best interests of the City and citizens; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 20.76.030 shall be and hereby is amended to read as follows: 20.76.030 Compliance With Screening Standard. (a) Except as modified per§20.76.090 (Special Screening Requirements), the table set forth in §20.76.050 (Table of Screening Requirements), in conjunction with the explanations in 20.76.040 (Descriptions of Screens) concerning the types of screens, establishes screening requirements that presumptively satisfy the general standards established in §20.76.020 (General Screening Standard). However, this table is only intended to establish a presumption and should be flexibly administered in accordance with §20.76.060 (Flexibility in Administration Required). (b) The numeFical desigRations ceRt@iRed in the Table of Screening Requirements (§20.76.050) aFe keyed to *"^ represent the allowed uses of the Tables of Permissible Uses (§20.40-.919), and the letter screening type letter designations refer to types of screening as described in §20.76.040 (Descriptions of Screens). This table indicates the type of screening that is presumptively required between two uses. Where such screening is required, only the property under application for development is responsible for installing the screening. The use assigned this responsibility is referred to as the burdened use in §20.76.050 (Table of Screening Requirements), and the other use is the benefited use. To determine the type of screening a proposed new development must install, find the proposed use in the table to determine frontage landscaping and side/rear property lines. For each intersecting square that contains a letter, the developer must install the level of screening indicated along this portion bordering that use. (c) If, when the analysis described in Subdivision (b) is performed, the burdened use is an existing use but the required screening is not in place, then this lack of screening shall constitute a nonconforming situation, subject to all the provisions of Chapter 20.32 (Nonconforming Situations) of this Title. (d) Notwithstanding any other provision of this chapter, a multi-family development shall be required, at the time of construction,to install any screening that is required ORDINANCE NO. 2022-027 2 between it and adjacent existing uses according to the table set forth in §20.76.050 (Table of Screening Requirements). (e) Developments in the Old Town Business Districts 1, 2, and 3 shall be exempt from the screening requirements of§20.76.050 (Table of Screening Requirements) pertaining to screening along streets where the buildings abut the sidewalk. (f) Developments in the Old Town Residential District shall comply with the Old Town Residential Design Standards. Section 2. Arlington Municipal Code section 20.76.050 shall be and hereby is amended to read as follows: 20.76.050 Table of Screening Requirements. See Table 20.76-1: Screening Requirements. Section 3. Arlington Municipal Code Table 20.76 shall be and hereby is deleted in its entirety. Section 4. A new Arlington Municipal Code Table 20.76-1 shall be and hereby is adopted to read as follows: ORDINANCE NO. 2022-027 3 'Fable 20.76-1 Screening Requirements Use Frontage Landscaping Side and Rear g P g Property Lines Agricultural T_ypeA-AII Neighboring Commercial Greenhouse On-Premises Sales N/A Residential Type C -All Other Neighboring Properties Aviation Related Sales and Service Operations Aviation Fuel Sales Aircraft Painting and Body Work Aircraft Repair and Maintenance,Not Including Type -All Substantial Body Work Neighbb oring T Aircraft Sales or Rentals Type B Residential Aircraft Sales with Installation of Aircraft Parts or Type B-All Other Accessories(Propellers,Tires,Mufflers,etc.) Neighboring Properties Aircraft Wash Cultural.Social or Fraternal Uses Art Gallery or Center Library Type A-All Museum, Neighboring Social Club Type C Residential Fraternal Clubs and Lodges Type C-All Other Union Halls Neighboring Properties_ Similar Uses. Educational Colleges, Universities,Community Colleges Training Facility Type A-All Commercial Nursery Schools/Day Care Center Neighboring Type C Residential Elementary Schools Tyne C-All Other Secondary/High School Neighboring Properties Trade School,Vocational School Industry,Manufacturing,Processing, Repairing,Renovating,Assembly of Goods, Merchandise or Equipment Brewery,Distillery.Craft Beverage Production with or without Tasting Room or Restaurant(No Drive-Thru Services Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Done with Walk-In Trade Type B Type A-All Neighboring Properties Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Done without Walk-In Trade Operations Conducted Entirely Within or Outside Fully Enclosed Building. erty Frontage Landscaping Lines ORDINANCE NO. 2022-027 4 Institutional Residence,Care,or Confinement Facilities Hospitals Medical Clinics Dental Clinics and Offices Institutions(Other than Halfway Houses)for Confined Type A—All Mentally III Persons Nei boring Type B Residential Nursing Care Institutions Type C—All Other Intermediate Care Institutions Neighboring Properties Handicapped or Infirm Institutions Childcare Institutions Penal and Correctional Facilities Marijuana Production,Processing.and Retail Marjuana Production Type B Type A—All Marijuana Processing Neighboring Properties Type A—All Neighboring Marjuana Retail Type C Residential Type C—All Other Neighboring Pro erties Motor Vehicle Related Sales and Service Operations Car Wash Electric Vehicle Infrastructure Fuel Sales Type A—All Painting and Body Work with No Storage of Vehicles Neighboring Repair and Maintenance.Not Including Substantial Body Type B Residential Work,and No Storage of Vehicles Tyne B—All Other Vehicle Sales and Rental or Mobile Home Sales Neighboring Properties Vehicle Sales with Installation of Motor Vehicle Parts or Accessories(Tires, Mufflers,etc.) Scrap Materials Salvage Yards,Junkyards,Automobile Graveyards,and Automobile RecyclinTyp g Facilities Type Ae A—All Towing•Operations Neighboring Properties Office Government Office Buildinas Type A—All Health Care Facility Nei hb�, oring Industrial or Manufacturing On-Site Office Type C Residential Research and Development Type C—All Other Technology Other Similar Uses Neighboring Properties Open Air Markets and Horticultural Sales Type A—A l l [lorticultural Sales with Outdoor Display Neighboringape C Residential Temporary(Seasonal)Farmer's Market Type —All Other Neighboring Pro erties M"�lea7nd Rear Property Lines ORDINANCE NO. 2022-027 5 Personal Services Banks with Drive-Thru Windows Type A-All Neighboring Dry Cleaner/Laundromat Type B Residential �e B-All Other Travel Agencies Nei hboring Properties Type A-All Salon/Barber Shop/BesutY Nei hbg orin�Shop Tannin Tvne C Residential Studio: Art, Music,Dance Type C-All Other Nei hborinR Pro erties Professional Services Attorney/Legal Services Clinics of Physicians or Dentist Type A-All Consultant Neighboring Funeral Home Type C Residential Insurance/Stockbroker Type C-All Other Other Similar Uses Neighboring Properties Crematorium Type A Type A-All Neighboring Properties Public and Semi-Public Facilities Type A-All Airport Neighboring Military Reserve,National Guard Centers Type A Residential Type B-All Other Neighboring Properties Bus Station,Train Station Type B Type A-All Neighboring Properties Type A-All Neighboring Post Office Tyne C Residential Type B-All Other Neighboring Properties Civil Defense Operation Type A-All Fire Stations Neighboring Police Stations Type C Residential Rescue Squad,Ambulance Service Type B-All Other Neighboring Properties Temporary Mobile or Modular Structures Used for Public The Primary Use of the Building Determines the Services(Mobile Classrooms,Civic Services,Public Screening Type Health Centers,Emergency Response Centers,etc.) ORDINANCE NO. 2022-027 6 Use Frontage Landscaping Side and Rear Property Lines Recreation,Amusement, Entertainment-Indoor Bowling Alleys,Skating Rinks, Indoor Tennis and Squash Type A—All Courts,Billiards and Pool Halls,Indoor Athletic and Nei hg, boring Exercise Facilities,and Similar Uses Type C Residential Movie Theaters Seating Capacity Less than 300 Type C—All Other Movie Theaters Unlimited seating capacity Neighboring Properties Type A—All Neighboring Indoor Automobile and motorcycle racing tracks Type A Residential Type B—All Other Neighboring Properties ,Recreation.Amusement,Entertainment-Outdoor Type A—All Athletic Fields.'Tennis Courts,Swimming Pools,Miniature Nei hg boring Golf Courses, Water Slides, Skateboard Parks,Parks, Type C Residential Swimming Pools, Type B—All Other Nei hboring Properties Coliseums,stadiums,and all other facilities designed to seat or accommodate simultaneously more than 1,000 eo le Type A Type A—Al l Drive-in movie theaters Neighboring Properties Outdoor Entertainment Venue or Amphitheater Type A—All Golf Course, Par 3 Golf Course,Driving Range,and Neighboring Similar Uses _Type B Residential Type B—All Other Nei hborin Pro erties Reli ig ous Type A—All Nei hg boring Religious Assembly—Principle Tyne C Residential Tyne C—All Other Neighboring Properties Religious Assembly—Accessory The Primary Use of the Building Determines the Screening Type Residential Mobile Home 1 Tree in the Front Yard N/A —Other and/or Street Trees Neighborine Single-Family Apartment Above Permitted Non- (Depends on the Residential Use(only one) Existing,Street Residential Frontage)and I Tree in Type A—All Other Single-Family Residence, Detached the Rear Neighboring Properties Type B—Neighborine Cottage HousinP 1 Tree in the Front Yard Single-Family and/or Street Trees Residential Only. (Depends on the N/A—Other ExistingStreet treet Nei hg boring Mobile Home Park Frontage)and I Tree in Residential the Rear Type A-- All Other Nei hborin, Properties ORDINANCE NO. 2022-027 7 Use Frontage Landscaping Side and Rear Property Lutes Residential Accessory Dwelling Unit 1 Tree in the Front Yard Type C—Neighboring and/or Street Trees Single-Family (Depends on the Residential Only. Existing Street N/A—Neighboring Frontage)_and I Tree in Residential Duplex the Rear Yard Type A—All Other Neighboring Properties Type B—Nei hbg oring 1 Tree in the Front Yard Single-Family Multi-Family Rowhouses and/or Street Trees Residential Only. Multi-Family Townhouses (Depends on the N/A—Other Multi-Family Triplex Existing Street Nei hg boring Frontage)and 1 Tree in Residential the Rear Yard Type A—All Other Neighboring Properties Type B—Nei hg boring Multi-Family Apartments Single-Family Multi-Family Conversions Residential Only. Multi-Family Fourplex Type C N/A—Other Multi-Family Garden Apartments Neighboring Multi-Family Use Above a Permitted Non-Residential Use Residential (Mixed Use) kpe A—All Other Nei hborin Pro erties Residential Homes Emphasizing Special Services,Treatment,or Supervision Adult Family Homes(6 or fewer adults) Halfway houses 1 Tree in the Front Yard N/A—Other Homes for handicapped or infirm and/or Street Trees Neighborin Exifistingsting Street g Nursing care, intermediate care homes (Depends on the Residential Permanent Supportive Housing ape A—All Other Special Needs Childcare homes Frontage)and 1 Tree in the Rear Yard Neighboring Properties Transitional Housing In-Home Child Day Care The Primary Residential Use of the Building Determines the Screening Type Residential Rooms for Rent Situations Rental of Room within a Single-Family Residence Boardin houses ousel 1 Tree in the Front Yard Rooming houses and/or Street Trees (Depends on the Type A—All Emergency Housing Existing Street Neighboring Properties Emergency Shelter Frontage)and 1 Tree in Tourist homes and other temporary residences renting by the Rear Yard the day or week Hotels,motels,and similar businesses or institutions Type C Type A—All providing overnight accommodations — Neighboring Properties ORDINANCE NO. 2022-027 8 Use Frontage Landscaping Side and Rear Property Lines Restaurants, Bars,Night Clubs Carry-Out and Delivery Service:No Drive-Thru Service; Consumption Outside Fully Enclosed Buildine Carry-Out and Delivery Service,Drive-Thru Service: Service or Consumption Outside Fully Enclosed Building Type A—All Nei hghboring) Establishments Offering Adult Entertainment Type C Residential Type B—All Other Gambling Establishments Neighboring Properties No Substantial Carry-Out or Delivery Service:No Drive- Thru Service:Service or Consumption Inside or Outside Fully Enclosed Buildine Retail Trade Convenience Stores General Mercantile Type A—All Principal Use Neighboring Sales/Rentals Incidental to a Non-Retail Principal Use Type C Residential Wholesale Sales Type B—All Other Neighboring Properties Distribution Center Home Occupation The Primary Residential Use of the Building Determines the Screening Type The Surrounding Properties Determine Any Mobile Sales and Delivery Required Screening and Any Drive—Thru Aisles Require Screening Services and Enterprises Related to Animals TypeA—All Kennel Neighborine Pet Groomin Pet Store Type C Residential Veterinarian Type B—All Other Neighboring Properties Soil Processing,Mining,or Quarrying Operations Soil processing, mining,quarrying operations,including Type A—All on-site sales of product Neighboring Properties Solid Waste Facilities(Publicly or Privately Owned) Biosolid Recycling Sanitary Landfill Type A Type A—All Solid Waste Recycling Center Neighboring�Propertics Solid Waste Transfer Station ORDINANCE NO. 2022-027 9 Use Frontage Landscaping Side and Rear Property Lines Storage and Parking Aircraft Parking or Storage Tyne A—All Parking of vehicles or storage of equipment outside Neighboring enclosed structures where vehicles or equipment are owned Type A Residential and used by the person making use of lot, Type B—All Other Neighboring Properties Warehouse Storage Facility Utility Facilities Electrical Community or Regional Facility Type A —All Electrical Neighborhood Facility Type A Neighboring Properties Wireless Communication Facilities Commercial Antennas 50 feet tall or less Commercial Antennas more than 50 feet tall and receive- only earth stations Commercial Monopole I Commercial Monopole H Commercial Macro Facilities Type A Type —All Neighboring Properties Commercial Micro Facilities Commercial Mini Facilities Non-Commercial Towers and Antennas 50 feet tall or less Non-Commercial Towers and Antennas more than 50 feet tall and receive-only earth stations Section 5. Arlington Municipal Code section 20.76.124(b)(1) shall be and hereby is amended to read as follows: 1. Residential Ultra Low Capacity, Residential Low Capacity, Density, Residential Moderate Dens+tyCapacity, Residential Medium Capacity, and Old Town Residential—2 trees per lot. Section 6. Arlington Municipal Code section 20.76.130 shall be and hereby is amended to read as follows: 20.76.130 Shade Trees in Parking Areas. (a) Vehicle accommodation areas that are required to be paved by §20.72.060 (Parking Area Surfaces) must be shaded by deciduous trees (either retained or planted by the developer)that have or will have when fully mature a trunk at least 8 inches in diameter. When the developer plants trees to satisfy the requirements of this subsection, the developer shall choose trees that meet the standards set forth in the Department of Public Works' Design Standards and Specifications. ORDINANCE NO. 2022-027 10 (b) Landscaping within vehicle accommodation areas shall meet the requirements of §20.46 (Design) and the Development Design Standards. {134(c) Each tree of the type described in Subsection (a) shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area will be shaded. (c4(d) Except as noted in Subsection (e)fd4, no paving may be placed within 2%feet (measured from the center of the trunk) of any tree retained to comply with Subsection (a), and new trees planted to comply with Subsection (a) shall be located so that they are surrounded by at least 200 square feet of unpaved area. (E4(e) Pervious paving (grasscrete, metal grating, etc.) may be used within 2% feet of a tree if(i)the parking lot is designed so that no significant run-off from the paved areas drains into the area around the base of the tree(s) and (ii) barriers are placed in such a manner as to prevent vehicles from damaging such trees. {e}(f) Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches. {f4(g) Vegetation shall be planted and maintained to prevent obstruction of driver visibility of pedestrians and other vehicles. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of October, 2022. CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST:JL) _aj �, UGC l_ Wendy Va Der Meersche, ity Clerk APPROVED AS TO FORM: "Slyl Steve J. Peiffl , City Attorney ORDINANCE NO. 2022-027 11 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2022-027 was approved at the October 17, 2022 City Council meeting. ORDINANCE NO. 2022-027 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.76 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING REGULATIONS FOR SCREENING AND TREES" A true and correct copy of the original ordinance is attached. Dated this 18th day of October, 2022 Wendy Va d Der Meersche City Clerk for the City of Arlington