HomeMy WebLinkAboutOrdinance No. 2024-016 An Ordinance of the City of Arlington, Washington Amending Chapter 20.52 of the Arlington Municipal Code Regarding Recreational Facilities and Open Space Under City Planning 1039 ORDINANCE NO. 2024-016
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.52
OF THE ARLINGTON MUNICIPAL CODE REGARDING RECREATIONAL FACILITIES
AND OPEN SPACE UNDER CITY PLANNING NO. PLN 1039
WHEREAS, the city has proposed an update to the Recreational Facilities and Open Space
regulations in the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on June 4, 2024 and at a public
hearing conducted on June 18, 2024; 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 March 11,
2024 and March 18, 2024; and
WHEREAS,the City Council considered the same at a workshop held on July 8, 2024,their
regular meeting on July 15, 2024, 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 20.52 shall be amended as shown in
Exhibit A attached to this Ordinance:
Section 2. 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 3. 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. 2024-016 1
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 15th
day of July, 2024.
CITY-OF ARLINGTON
Don E. Vanney, Mayo-
ATTEST:
ZV
Wendy Van cfer Meersche, City Clerk
APPROVED AS TO FORM:
l
Stev n J eiff , City Attorney
ORDINANCE NO. 2024-016 2
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.
2024-016 was approved at the July 15, 2024 City Council meeting.
ORDINANCE NO. 2024-016
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.52
OF THE ARLINGTON MUNICIPAL CODE REGARDING RECREATIONAL FACILITIES
AND OPEN SPACE UNDER CITY PLANNING NO. PLN 1039"
A true and correct copy of the original ordinance is attached.
Dated this 16th day of July, 2024
41w /i
Wendy Vapf Der Meersche
City Clerk for the City of Arlington
Title 20—Land Use Code 20.52: Recreational Facilities and Open Space
Chapter 20.52
RECREATIONAL FACILITIES AND OPEN SPACE
Sections:
20.52.010 Residential Mini-Parks Required.
20.52.020 Residential Mini-Parks: Purpose and Standards.
20.52.024 Residential Community Parks Impact Fee.
20.52.030 Residential Usable Open Space.
20.52.034 Industrial Zone Recreational Facilities Required
20.52.036 Industrial Zone Recreational Facilities: Purpose and Standards
20.52.040 Dedication, Ownership, and Maintenance of Recreational Areas and Open Space.
20.52.060 Homeowners Associations.
20.52.070 Flexibility in Administration Authorized.
20.52.010 Residential Mini-Parks Required.
(a) All residential developments that create 25 or more units shall provide (through dedication
or reservation; see §20.52.040, Dedication, Ownership, and Maintenance of Recreational
Areas and Open Space) recreational areas in the form of mini-parks (as described in
§20.52.020 (Mini-Parks: Purpose and Standards) in an amount that is equal to sixty-five
square feet per person expected to reside in that development (as determined in accordance
with Subsection (b)). Such recreational areas shall be provided in addition to the open space
areas required by §20.52.030 (Usable Open Space).
(b) For purposes of this section, the following table depicts the average persons per unit type
and required square footage per unit: one-bedroom dwelling units shall be deemed to house
an average of 1.4 persons,two-bedroom units 2.2 persons,three-bedroom units 3.2 persons,
and units with four or more bedrooms 4.0 persons. In residential subdivisions each lot that is
large enough for only a single dwelling unit shall be deemed to house an average of 3.2
persons. Each lot that is large enough to accommodate more than one dwelling unit shall be
deemed to house 2.2 persons for each dwelling unit that can be accommodated.
Residential Dwelling Type I Average Persons Square Footage Required Square
Per Unit Type Per Person Footage per Unit
Studio or 1-Bedroom 1.4 65 sf 91 sf
2-Bedroom 2.2 65 sf 143 sf
3-Bedroom 3.2 65 sf 208 sf
4 or More Bedrooms 4.0 65 sf 260 sf
(c) If mini-parks are not provided or cannot meet the required square footage, then the
residential development may choose to pay additional community park fees as shown in
Table 1 of§20.90.400 (Community Park Impact Fee).
City of Arlington 20.52 - 1 Revised July 2024
Title 20—Land Use Code 20.52: Recreational Facilities and Open Space
20.52.020 Residential Mini-Parks: Purpose and Standards.
(a) The purpose of the mini-park is to provide adequate active recreational facilities to serve the
residents of the immediately surrounding neighborhood within the development. The
following are illustrative of the types of facilities that shall be deemed to serve active
recreational needs and therefore to count toward satisfaction of the mini-park requirements
of this chapter: playground, picnic area, landscaped courtyards,gardens, asphalt/paved trails,
multi-purpose courts, tennis courts, pickleball courts, basketball courts, swimming pool,
athletic fields, exercise course, or historical/cultural site with interpretation signage. Each
mini-park facility type shall include the following criteria:
(1) Shall be large enough to provide functional recreational activity for the facility type; and
(2) Shall feature paths, plantings, seating, lighting, and other pedestrian amenities; and
(3) Shall be oriented to receive sunlight, facing east, west, or south (preferred), when
possible.
(b) Each development shall satisfy its mini-park requirement by installing the types of
recreational facilities that are most likely to be suited to and used by the age bracket of
persons likely to reside in that development. However, unless it appears that less than five
percent of the residents of any development are likely to be children under twelve, then at
least fifteen percent of the mini-park must be satisfied by the construction of"tot lots" (i.e.,
areas equipped with imaginative play apparatus oriented to younger children as well as
seating accommodations for parents).
(c) For developments of twenty-five to fifty dwelling units, at least two such recreation facilities,
as listed in Subsection (a), shall be provided. For developments of more than fifty dwelling
units, at least one additional recreation facility shall be provided for every twenty-five
dwelling units or fraction thereof. Facility as used herein does not mean the whole park, but
the recreational element found therein. More than one facility may be developed in any one
location.
(d) The total acreage of mini-parks required by§20,52.010 (Mini-Parks Required)shall be divided
into mini-parks of not less than two thousand square feet, nor more than thirty thousand
square feet.
(e) All the required mini-park acreage shall be located in one designated area, unless the permit-
issuing authority determines that multiple mini-parks, each having their own recreation
facilities, would better serve residents of larger projects.
(f) If the mini-park exceeds five thousand square feet in size,then a public street and/or parking
area shall front on at least ten percent of its perimeter.
(g) Mini-parks shall be attractively landscaped and shall be provided with sufficient natural or
man-made screening or buffer areas to minimize any negative impacts upon adjacent
residences.
(h) Each mini-park shall be centrally located and easily accessible so that it can be conveniently
and safely reached and used by those persons in the surrounding neighborhood it is designed
to serve as well as public safety personnel.
(i) Each mini-park shall be constructed on land that is relatively flat (maximum five percent
slope), dry, and capable of serving the purposes intended by this chapter.
(j) Mini-parks shall not be placed in or near utility easements for major transmission lines (e.g.,
power, natural gas, etc.)
City of Arlington 20.52 -2 Revised July 2024
Title 20—Land Use Code 20.52: Recreational Facilities and Open Space
(k) Mini-parks shall be roughly square or rectangular, and in no instance have a dimension less
than thirty feet or a length to width ratio greater than 2:1.
(1) Each mini park shall be constructed in compliance with the City's Mini-Park Standards, and
include water and electric services. A park plan shall be submitted as part of the permit
application and contain the requirements specified in the submittal checklist.
(m)An applicant may propose a mini-parkthat differs from the above requirements provided that
the intent of the requirements is met. As part of the land use permit application, the
applicant shall submit a letter documenting the reason(s) for the proposed deviation(s) and
how the intent of the requirement has been satisfied.
(n) Active indoor recreation facilities may be provided instead of mini-parks, subject to the
following:
(1) Active indoor recreation facilities may include, but are not limited to, exercise rooms,
game rooms, community rooms/centers, or similar; and
(2) Indoor recreation areas may be credited towards the total recreation space requirement,
when the director determines that such areas are located, designed and improved in a
manner which provides recreational opportunities functionally equivalent to those
recreational opportunities available outdoors.
20.52.024 Residential Community Parks Impact Fee.
In addition to the requirements of §20.52.010 (Mini-Parks Required) each residential
development shall pay a Community Park Impact Fee pursuant to §20.90.400 (Community Parks
Impact Fee).
20.52.030 Residential Usable Open Space.
(a) Every residential development shall be developed so that at least ten percent (10%) of the
total area of the development remains permanently as usable open space (minus critical
areas as defined in §20.93 Critical Areas Ordinance, unless a portion of the open space is
proposed under (b)(6) of this subsection).
(b) For purposes of this section, usable open space means an area that:
(1) Is not encumbered with any substantial structure or utility easement for distribution lines,
(2) Is not devoted to use as a roadway, parking area, or sidewalk,
(3) Is left (as of the date development began) in its natural or undisturbed state if wooded,
except for the cutting of trails for walking or jogging, or, if not wooded at the time of
development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly
vegetated and landscaped with the objective of creating a wooded area or other area that
is consistent with the objective set forth in section (4),
(4) Is capable of being used and enjoyed for purposes of informal and unstructured
recreation and relaxation,
(5) Is legally and practicably accessible to the residents of the development out of which the
required open space is taken, or to the public if dedication of the open space is required
pursuant to §20.52.040 (Dedication, Ownership, and Maintenance of Recreational Areas
and Open Space),
(6) Consists of land no more than twenty-five percent of which lies within a floodplain or
floodway as those terms are defined in §20.08.010 (Definitions of Basic Terms) or of
slopes greater than five percent, or a critical area buffer,
(7) The length of the area shall be no more than twice its width, and
City of Arlington 20.52-3 Revised July 2024
Title 20—Land Use Code 20.52: Recreational Facilities and Open Space
(8) Those environmentally critical areas protected pursuant to Chapter 20.93 (Critical Areas
Ordinance) shall not be counted toward the project's usable open space requirement.
(c) Under certain circumstances ten percent (10%) open space may not be able to be achieved
on a development site. In cases like this,the property owner or applicant is required to submit
a written request to the Community and Economic Development Director, as provided in
§20.52.070 (Flexibility in Administration Authorized).
20.52.034 Industrial Zone Recreation Facilities Required.
(a) All industrial zone developments shall provide the following on site:
(1) Multi-Modal Trail connections per the Transportation Plan and/or Parks & Recreation
Master Plan,with required amenities such as benches, landscaping, lookouts, interpretive
signage, artwork, or similar; and
(2) Install park-like grounds with landscaping, courtyard, covered shelters, patio, benches,
picnic tables, or similar features for employees; and
(3) Install public pocket parks along trail sections, where feasible; and
(4) Install critical area corridors, improvements, and dedication, where required.
20.52.036 Industrial Zone Recreation Facilities: Purpose and Standards
(a) The purpose of multi-modal trails and recreational facilities within the industrial zones of the
city is to serve the employment base of the Cascade Industrial Center and provide
connections to existing trails, such as the Centennial Trail and Airport Trail that provide
enjoyable and safe options for alternative modes of transportation that make connections
from residential neighborhoods to employment and retail opportunities.
(b) Multi-modal trails allow for the increase in commerce, support and create jobs, increase
property values, reduce commuter costs, and provide low-cost health benefits.
(c) The development shall make paved or concrete connections from the building(s) on the site
to the trail,this can be completed with a sidewalk or pathway.
(d) Pocket parks, if installed, shall be no less than one-half(0.5) acre, no more than two (2) acres
in size, and roughly square or rectangular, and in no instance have a dimension less than thirty
feet or a length to width ratio greater than 2:1.
(e) Pocket parks shall be appropriately landscaped and provide benches, picnic tables, covered
shelter area, or patio.
(f) Critical Area corridors established on the site shall meet the requirements of§20.93 (Critical
Areas Ordinance) and be approved by the City of Arlington, Department of Ecology, and
local Tribal Governments.
20.52.040 Dedication Ownership and Maintenance of Recreational Areas and Open Space.
(a) Unless otherwise agreed to by Council, all park and recreation facilities and other open space
to be provided by the developer in accordance with this chapter shall remain under the
ownership and control of the developer (or his successor) or a homeowners association or
similar organization that satisfies the criteria established in §20.52.060 (Homeowners
Associations).
(b) If any portion of any lot proposed for residential development lies within an area designated
on the officially adopted recreation master plan as a neighborhood park or part of the
greenway system or bikeway system, the area so designated (not exceeding ten percent of
the total lot area) shall be included as part of the area set aside to satisfy the requirement of
City of Arlington 20.52-4 Revised July 2024
Title 20—Land Use Code 20.52: Recreational Facilities and Open Space
§20.52.030 (Usable Open Space). This area shall be dedicated to public use through a
developers agreement.
(c) If more than ten percent of a lot proposed for residential development lies within an area
designated as provided in Subsection (b), the city may attempt to acquire the additional land
in the following manner:
1. The city may purchase or condemn the land.
(d) The person or entity identified in Subsection (a) as having the right of ownership and control
over such recreational facilities and open space shall be responsible for the continuing
upkeep and proper maintenance of the same.
20.52.060 Homeowners Associations.
(a) Homeowners associations or similar legal entities that, pursuant to §20.52.040 (Dedication,
Ownership and Maintenance of Recreational Areas and Open Space), are responsible for
the maintenance and control of common areas, including recreational facilities and open
space, shall be established in such a manner that: Provision for the establishment of the
association or similar entity is made before any lot in the development is sold or any building
occupied;
(b) The association or similar legal entity has clear legal authority to maintain and exercise
control over such common areas and facilities;
(c) The association or similar legal entity has the power to compel contributions from residents
of the development to cover their proportionate shares of the costs associated with the
maintenance and upkeep of such common areas and facilities.
20.52.070 Flexibility in Administration Authorized.
(a) The requirements set forth in this chapter concerning the amount, size, location, and nature
of recreational facilities and open space to be provided in connection with residential
developments are established by the council as standards that presumptively will result in
the provision of that amount of recreational facilities and open space that is consistent with
officially adopted city plans. The council recognizes, however, that due to the particular
nature of a tract of land, or the nature of the facilities proposed for installation, or other
factors,the underlying objectives of this chapter may be achieved even though the standards
are not adhered to with mathematical precision. Therefore, the permit-issuing body is
authorized to permit minor deviations from these standards whenever it determines that: (i)
the objectives underlying these standards can be met without strict adherence to them; and
(ii) because of peculiarities in the developer's tract of land or the facilities proposed it would
be unreasonable to require strict adherence to these standards.
(b) A reduction in required open space shall require a payment of an open space mitigation fee
as set by ordinance.
(c) Whenever the permit-issuing authority authorizes some deviation from the standards set
forth in this chapter pursuant to Subsection (a) and (b), the official record of action taken on
the development application shall contain a statement of the reasons for allowing the
deviation.
City of Arlington 20.52 -5 Revised July 2024