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HomeMy WebLinkAboutOrdinance No. 2022-016 An Ordinance of the City of Arlington, Washington Amending Chapter 20.36 of the Arlington Municipal Code Regarding Zoning Districts ORDINANCE NO. 2022-016 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.36 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING DISTRICTS 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. 2022-016 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 20.36.010 shall be and hereby is amended to read as follows: 20.36.010 Residential Districts Established. (a) The following residential districts are hereby established: Residential Ultra Low Capacity (RULC) allows for 1-4 dwelling units per acre — 4 Du/Ac. Residential Low Capacity (RLC) allows for 5-6 dwelling units per acre—6 Du/Ac. Residential Moderate Capacity (RMod) allows for 7-11 dwelling units per acre — 11 Du/Ac. Residential Medium Capacity (RMC) allows for 12-16 dwelling unit per acre — 16 Du/Ac. Residential High Capacity(RHC) allows for 17 and greater dwelling units per acre—17 > Du/Ac. Old Town Residential (OTR) allows for lot sizes established with the original plats to be utilized, but not less than 3,800 S.F.. Each of these districts is designed to provide for residential lands with varying housing capacities and housing types to provide residents with a variety of housing options; and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of these districts are explained in the remainder of this section.All residential districts must be served with public sewer and water facilities in order to utilize the capacities described for each district. Without public utilities servicing the residential district, no increase in the current housing capacity is allowed. (b) The Residential Ultra Low Capacity (RULC) district is established primarily to accommodate detached single-family residential development in areas not currently served by public sewer and water facilities. Larger lots are required to accommodate a septic system and reserve area as required by the Snohomish Health District. (c) The Residential Low Capacity (RLC) district is established primarily to accommodate detached single-family residential uses at lower capacity levels typically on 7200 — 9600 square foot parcels, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. Some types of two-family residences are allowed in this district on larger lots. (d) The Residential Moderate Capacity (RMod) district is designed primarily to accommodate medium capacity housing types, especially smaller multifamily and single family attached, such as duplex, triplex, fourplex, row houses, and garden apartments,typically situated on 4000—6200 square foot parcels, but also allows for ORDINANCE NO. 2022-016 2 recreational, quasi-public, and public uses that customarily serve residential development. (e) The Residential Medium Capacity (RMC) district is established primarily to accommodate higher capacity housing, such as larger multi-family developments, townhomes, condominiums, and the use of the Unit Lot Subdivision process to create fee-simple housing. Live/work units may also be allowed in this zone with additional requirements. Typical parcel size range from 2800—3600 square feet, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. (f) Residential High Capacity (RHC) district is designed primarily to accommodate the highest capacity residential developments, that are designed to be compatible with their sites and surroundings, building types are typically large scale multifamily buildings, mixed use buildings, and live/work units. (g) The Old Town Residential (OTR) district is designed primarily to single-family residential development while preserving the historic quality of the traditional town center. Further, this zone is intended to promote residential development that is in character with the older,existing homes in the area.The Old Town Residential District may also allow for duplex, triplex, fourplex, and garden style housing units (missing middle housing)that are designed to match the context of the existing neighborhood they are placed within. This is accomplished through strict design elements, orientation, and scale of the building. Section 2. Arlington Municipal Code section 20.36.020(g) shall be and hereby is amended to read as follows: The Commercial Corridor (CC) zone is established to create pedestrian oriented, urbanized, mixed use neighborhoods, along designated transit routes. Design elements to include widened sidewalks, drop lanes with on street parking, mid-block pedestrian crossings, planted medians, and bike lanes. These zones are established to utilize the stringent use of the Mixed We Mixed-Use Development Regulations/Form Based Code, therefore negating the underlying zoning to accommodate mixed use as the primary land use. Section 3. Arlington Municipal Code section 20.36.030 shall be and hereby is amended to read as follows: The General Industrial (GI) and Light Industrial (LI) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The performance standards set forth in Pao !Chapter 20.44 place limitations on the characteristics of uses located in these districts. The Light Industrial district is distinguished from the General Industrial district in that the Light Industrial district is intended to be a cleaner, more business park-like area, whereas the General Industrial district allows more resource-based manufacturing has a greater tolerance of ORDINANCE NO. 2022-016 3 the nuisances that typically accompany such manufacturing. Furthermore,the limitations in the Light Industrial district are more restrictive than those in the General Industrial district. Section 4. Arlington Municipal Code section 20.36.070 shall be and hereby is amended to read as follows: The shoreline management district is hereby established as an "overlay" district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district and a Shoreline Development Permit has been granted, if necessary, pursuant to Ch-,. teF 20.92 (SheFel;Re MaRageme the Shoreline Master Program. Section 5. Arlington Municipal Code section 20.36.080 shall be and hereby is amended to read as follows: The wed-use mixed-use overlay district is hereby established as an "overlay" district, meaning that the underlying zoning applicable within each commercial zone remains as the primary or principal zoning designation. The overlay allows for a mix of diversified residential development to co-exist within a proportionate share of the commercially zones areas of highway commercial (HC), general commercial (GC), and neighborhood commercial (NC) zones where typical retail and other support services would be located, thus creating a walkable neighborhood concept. The ^ fixed-tee mixed-use overlay will also be applied to the residential moderate deesity capacity (RIABRMod), residential medium capacity (RMC), and residential high deesity capacity (R#BRHC) zones along Smokey Point Boulevard corridor. The overlay will provide for the efficient use of property by requiring the mixed use of properties in a manner that allows for residential development to co-exist with commercial, retail and specific light manufacturing uses. This promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency. The performance standards/design guidelines set forth in Chapter 20.110 place limitations on the characteristics of uses located in these districts. Section 6. A new Arlington Municipal Code section 20.36.105 shall be and hereby is adopted to read as follows: 20.36.105 Lots Divided by District Lines. (a) Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot. (b) Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. ORDINANCE NO. 2022-016 4 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: Jul ry Wendy Van er Meersche, City Clerk APPROVED AS TO FORM: Steven J. Jseiffl City Attorney ORDINANCE NO. 2022-016 5 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. 2022-016 was approved at the October 17, 2022 City Council meeting. ORDINANCE NO. 2022-016 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.36 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING DISTRICTS" A true and correct copy of the original ordinance is attached. Dated this 18th day of October, 2022 Wendy Van Der Meersche City Clerk for the City of Arlington