HomeMy WebLinkAboutOrdinance No. 2023-016 An Ordinance of the City of Arlington, Washington Amending Arlington Municipal Code Sections 20.44.032 Regarding Master Planned Neighborhood Development and 20.44.042 Re Access Dwel ORDINANCE NO. 2023-016
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
ARLINGTON MUNICIPAL CODE SECTIONS 20.44.032 REGARDING MASTER PLANNED
NEIGHBORHOOD DEVELOPMENT AND 20.44.042 REGARDING ACCESSORY DWELLING UNITS
UNDER CITY PLANNING NO. PLN 1038
WHEREAS, the city has proposed an update to regulations to change Master Planned
Neighborhood Development to Subarea Plans; and
WHEREAS, the city has proposed an update to regulations regarding Accessory Dwelling
Units; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on March 7, 2023 and March 21, 2023, and then on September 5, 2023, October 3,
2023 and at a public hearing conducted on October 17, 2023; 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 at docketing meetings on April 10,
2023 and April 17, 2023; and
WHEREAS, the City Council considered the same at a workshop held on November 13,
2023, and their regular meeting on November 20, 2023, and considered them along with the
Planning Commission recommendations; and the City Council having determined approving said
amendment was in the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW,THEREFORE,the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.44 shall be and hereby is amended to
read as follows:
20.44.032 Subarea Plans
(a) The Comprehensive Plan designates fourteen subareas that distinguish specific
geographical areas and existing neighborhoods within the community. The intent
of creating subareas is to develop a subarea plan for each area of the city that
ORDINANCE NO. 2023-016 1
contains specific policies and criteria to guide land development, incorporate
missing middle housing options, transportation facilities, community facilities,
infrastructure and capital improvement decisions that provide for a more
coordinated, efficient, and effective structure for predictable neighborhood
planning. The subarea plans encompass both newly created subareas and those
that work with existing neighborhoods to provide criteria for infill and
redevelopment purposes.
(b) The subarea plans are to be produced by the city, with the exception of two areas
designated on the City's Zoning Map and Future Land Use Map with the Master
Planned Neighborhood (MPN)Overlay.These two areas are known as East Hill and
Lindsay Annexation (portion of Hilltop). The list of subareas is listed below:
(1) Arlington Terrace
(2) Cascade Industrial Center
(3) Crown Ridge
(4) East Hill
(5) Edgecomb
(6) Gateway
(7) Gleneagle
(8) Haller City
9 Hilltop
(10) Island Crossing
(11) Kent Prairie
(12) Old Town
(13) Smokey Point
(14) West Bluff
(c) A subarea plan is typically developed to encompass the entire subarea, however
under certain circumstances it may be developed to include only specific
neighborhoods, corridors, downtown, or other types of special districts that show
cohesive characteristics. The East Hill and Lindsay Annexation subareas shall be
developed in their entirety.
(d) As subarea plans are created, elements of form based code are proposed to be
included to provide the community with a predictable design and development
pattern that is customized for the specific area.
(e) Subarea plans are to be processed in conjunction with a Planned Action
Environmental Impact Statement (EIS). A planned action is a development project
whose impacts have been identified and addressed through an EIS associated with
the subarea plan for the specific geographical area before individual projects are
proposed. A planned action involves detailed State Environmental Policy Act
(SEPA) review and preparation of EIS documents in conjunction with subarea
plans, consistent with RCW 43.21C.031 and WAC 197-11-164 through WAC 197-
ORDINANCE NO. 2023-016 2
11-172. The up front analysis of impacts and mitigation measures then facilitates
environmental review of subsequent individual development projects.
(f) A subarea plan application under the Master Planned Neighborhood (MPN)
Overlay shall include the following information:
(1) A land use application and submittal checklist with all required documents.
(2) Permit fee, as shown on the most current fee schedule.
(3)The subarea plan shall include the following elements:
L One element shall be small lot detached single-family residential or
cottage housing, with a minimum lot size of 3,600 square feet and a maximum of
4,500 square feet and consisting of seventy (70) percent of the total lots.
ii. Second element shall be attached residential, such as townhomes, row
houses, or duplexes, and shall be developed as fee simple lots through a unit lot
subdivision (subject to §20.44.020 Unit Lot Subdivisions) and consisting of twenty
(20) percent of the total lots.
iii. Third element shall be one of the below options and shall consist of ten
(10) percent of the total lots.
(A) Accessory Dwelling Unit (constructed with residence)
(B) Mixed-Use Development (vertical)
(C) Multi-Family Apartments
(D) Multi-Family Fourplex
(E) Multi-Family Garden Apartments
(F) Small Commercial
iv. Fourth element shall be the location of Recreational Facilities, Open
Space, and Trail System that consists of ten (10) percent of the total area of land,
minus areas to be preserved as Native Growth Protection Areas (NGPA).
(A) This designation shall include areas proposed to be dedicated
to the city as public spaces. All dedicated parks shall be a minimum of two (2) acres
in size and coordinated with the city prior to approval.
(B) The trail system shall consist of a paved trail that connects the
required sidewalk system and to all recreation facilities and open spaces.
(4) The subarea plan shall show the location of each housing type listed above in
the way of a subdivision layout.
(5) The architectural design of the structures shall comply with the Development
Design Standards pursuant to §20.46 Design.
(6) The subarea plan shall show the conceptual infrastructure plans that include
location, types, and sizes of streets, sewer, water, stormwater, etc.
(7) Public infrastructure impacts and financing strategies including any
improvements to existing on or off-site facilities necessary to support the
proposed subarea plan.
(8) Transportation impact analysis and financing strategies including any
improvements to existing on or off-site facilities necessary to support the
ORDINANCE NO. 2023-016 3
proposed subarea plan. The analysis shall also include all current and future
designated multi-model plans.
ll The subarea plan shall adhere to the Arlington Complete Streets Program.
(1O) The subarea plan shall provide anticipated phasing or sector lines on the
subarea map.
(g)The subarea plan for the East Hill and Lindsay Annexation area serves as the typical
preliminary plat document for development and shall follow the process of a
conditional use permit (§20.16.225 Special Use Permits and Conditional Use
Permits).
(h) The subarea plan is subject to a Public Hearing before the Hearing Examiner and
shall follow the hearing procedures of §20.24 (Hearing and Pre-Hearing
Procedures and Appeals and Applications).
0) In approving a subarea plan, the city may require the plan to comply with site
specific development regulations that the city deems appropriate and approved
by the hearing examiner.
(j) The approved subarea plan is required to be recorded with the Snohomish County
Auditor Office.
(k) After recording, subsequent land use permits (final plats or unit lot subdivisions),
civil permits, and building permits are required to be submitted and approved
prior to development on any lots. Procedures for these permits are found in the
Arlington Municipal Code.
Section 2. Arlington Municipal Code section 20.44.042 shall be and hereby is
amended to read as follows:
20.44.042 Accessory Dwelling Units (ADU).
(a) An ADU is defined as a residential living unit providing independent living facilities
and permanent provisions for sleeping, cooking, sanitation, and living on the
same lot as a single-family home, duplex, triplex, townhome, or other housing
unit. An attached ADU is a dwelling unit located within or attached to another
housing unit.A detached ADU is separate and detached from the primary housing
unit.
(b) All ADUs require the property owner to apply for a building permit in order to
ensure that the structure meets the requirements of the Arlington Municipal
Code and the International Residential Code.
(c) An ADU is required to meet the following criteria and be in compliance with RCW
36.70A, RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90:
(1) ADUs are allowed on the same lot as a single-family residence or where
the property is owned by the same person that owns the primary housing unit
fee simple lot) and can meet the criteria of this code section.
(2) The owner of the property shall not be required to reside in or occupy
the primary housing unit or the ADU on the same lot.
(3) ADUs are allowed in any zoning district that allows for single family
residences.
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(4) Two ADUs on all lots that are located in all zoning districts that allow for
single-family homes in the following configurations:
1. One attached ADU and one detached ADU unit; or
2. Two attached ADUs; or
3. Two detached ADUs, which may be comprised of either one or two
detached structures.
(5) ADUs are allowed on any lot that meets the minimum lot size required
for the principal residence.
(6) The maximum gross floor area for each ADU is 1,000 square feet.
(7) The roof height of an ADU is required to meet the underlying zone height
limitation, unless the height of the principal unit is less than 24 feet in which case
the maximum height of an ADU shall be 24 feet.
(8) The ADU setback requirements shall meet the density and dimensional
standards of the underlying zoning of the property and be in compliance with AMC
Chapter 20.48, except ADUs abutting and served by an alley are allowed a zero lot
line setback.
(9) An ADU is required to meet any governing documents associated with
the protection of public health and safety, ground and surface waters, and critical
areas.
(10) The number of ADUs on a property may be limited or restricted if
the site contains unsuitable physical characteristics, such as critical areas,
designated as wetlands, fish and wildlife habitat, flood plains, or geologically
hazardous areas. The property shall be in compliance with AMC Chapter 20.93 —
Critical Area Ordinance.
(11) An ADU is required to be consistent with the architectural
character of the principal residence and comply with the Development Design
Standards for the zone in which the ADU is located. Materials, roof forms. and
window proportions shall match that of the principal unit/building. The review of
the design will be conducted administratively with the building permit.
(12) Any major exterior additions or alterations for an attached ADU
shall be located to the side or rear of the principal residence.
(13) A detached ADU is not allowed in the required front or side setback
of the existing primary residence on the site unless the side setback abuts an alley.
(14) The construction of an ADU shall not require new public street
improvements.
(15) ADU Parking Requirements:
1. One parking space per ADU is required on lots less than 6,000
square feet.
2. Two parking spaces per ADU is required on lots greater than 6,000
square feet.
3. If located within one-half mile of a major transit stop, then no
parking spaces are required.
(16) An ADU is required to connect to both city water and wastewater
systems. The ADU shall meet the utility connection criteria of AMC Title 13.
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(17) An ADU shall pay fifty percent (50%) of the city transportation
impact fee and community park impact fee for a single-family dwelling unit. Fees
are regulated by AMC Chapter 20.90.
(18) An ADU is exempt from city transportation impact fees, park
impact fees, and off-street parking requirements (only if parking is available on an
abutting public street), but only if a restrictive covenant is recorded on the
property stating the ADU shall be rented at an affordable rate of 60%AMI or less
for a duration of 50 years. The restrictive covenant shall be reviewed and
approved by the city, recorded with the Snohomish County Auditor's Office, and
a conformed copy returned to the Community and Economic Development
Department.
(19) A detached ADU is allowed to be sold separately through the
conveyance of a condominium unit of the principal residence. To complete the
conveyance of a condominium unit the detached ADU shall meet the utility
connection regulations of AMC Chapter 13.04 and 13.08. The declaration of
condominium documents are required to be submitted to the city for review and
approval. Once approved by the city the document shall be recorded with the
Snohomish County Auditor's Office and a conformed copy returned to the
Community and Economic Development Department.
(20) The land on which the ADU is located shall not be subdivided from
the land on which the primary dwelling unit is located.
Section 3. 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 4. 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.
ORDINANCE NO. 2023-016 6
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 20th
day of November, 2023.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy Van ar Meersche, City Clerk
APPROVED AS TO FORM:
Ste n e' e, City Attorney
ORDINANCE NO. 2023-016 7
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. 2023-016 was approved at the November 20, 2023 City Council meeting.
ORDINANCE NO. 2023-016
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING
ARLINGTON MUNICIPAL CODE SECTIONS 20.44.032 REGARDING MASTER PLANNED
NEIGHBORHOOD DEVELOPMENT AND 20.44.042 REGARDING ACCESSORY DWELLING
UNITS UNDER CITY PLANNING NO. PLN 1038"
A true and correct copy of the original ordinance is attached.
Dated this 20th day of November, 2023
Wendy Van Der Meersche
City Clerk for the City of Arlington