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HomeMy WebLinkAbout01-19-10 Council Meeting Arlington City Council * Tuesday, January 19, 2010 - 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the January 4 & 11, 2009 meetings ATTACHMENT A 2. Accounts Payable 3. Extension of Personal Services Agreement with K. Hale ATTACHMENT B PUBLIC HEARING 1. Continued Public Hearing: Land Use Code Text Amendments: Technical text amendments for ATTACHMENT C clarification purposes as well as new sections to include Administrative Conditional Use Permits (CUPs) for Special Events and CUP’s for Homeless Encampments UNFINISHED BUSINESS NEW BUSINESS 1. Acceptance of Utilities Easements from Stillaguamish Senior Center ATTACHMENT D 2. Ordinance Amending Arlington Municipal Code Section 2.44.040 ATTACHMENT E regarding the location of Airport Commission meetings DISCUSSION ITEMS INFORMATION MAYOR’S REPORT ADMINISTRATOR & STAFF REPORTS COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION Consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)] Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. RECONVENE ADJOURNMENT To download all attachments, click here. DRAFT Page 1 of 2 Council Chambers 110 East Third January 4, 2010 City Council Members Present by Roll Call: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle, Chris Raezer, Scott Solla, and Steve Baker Council Members Absent: There were no Councilmembers absent. City Staff Present: Allen Johnson, Kristin Banfield, Jim Chase, Paul Ellis, Vic Ericson, Fire Chief Jim Rankin, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Denny Byrnes, George Boulton, Adam Rudnick – Arlington Times, Terry Marsh, Cindy Huleatt, Jim Cummins – Planning Commission, Yolanda Larsen, and Gale Fiege – Everett Herald In the absence of Mayor Larson, Mayor Pro Tem Marilyn Oertle called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Sally Lien moved to approve the Agenda. Scott Solla seconded the motion which passed with a unanimous vote. SWEARING IN At this time City Attorney Steve Peiffle individually swore in the following Councilmembers: Councilmember Steve Baker to 2014 Councilmember Chris Raezer term to 2014 Councilmember Scott Solla term to 2014 Councilmember Linda Byrnes term to 2012 PUBLIC COMMENT Planning Commissioner Jim Cummins greeted Council members for this new year. CONSENT AGENDA Sally Lien moved Chris Raezer seconded the motion to approve the Consent Agenda which carried with a majority vote (with the exception of Linda Byrnes who had not been present at the December 21, 2009 meeting) to approve the following Consent Agenda items: 1. Minutes of the December 21, 2009 meeting 2. Accounts Payable Claims Checks #59123 through #59226 in the amount of $2,229,896.74 and Payroll Checks #25323 through #25365 in the amount of $1,227,630.69 PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT January 4, 2010 Page 2 of 2 NEW BUSINESS Authority for Staff to Apply for Tourism/Economic Development Grant from the City of Arlington to Offer Various Parks & Recreation Events in 2010 Assistant City Administrator Kristin Banfield briefly addressed items the grant would cover and gave a short history of the request. She then answered Council questions. Steve Baker moved the Council authorize City Staff to submit an application for the 2010 City of Arlington Tourism / Economic Development Grant Program for City Parks & Recreation events in 2010. Scott Solla seconded the motion that passed with a unanimous vote. Annual Certification of Board of Health Representative Ms. Banfield noted the Annual Certification, giving a brief description of some representatives. Discussion followed. Scott Solla moved that Council authorize the Mayor to send a letter to the Snohomish Health District designating Stanwood Mayor Dianne White as the City’s Board of Health Representative. Sally Lien seconded the motion that passed with a unanimous vote. Appointment of Councilmember Raezer to Serve as the City’s Representative to Community Transit Ms. Banfield reviewed the requested appointment. Dick Butner moved that Council appoint Councilmember Raezer to serve as the City’s Representative to Community Transit. Sally Lien seconded the motion that passed with a unanimous vote. Appointment of Mayor Larson to Serve as the City’s SCT Representative and Councilmember Baker to Serve as the Alternate Ms. Banfield noted the request of Mayor Larson’s appointment. Chris Raezer moved that Council appoint Mayor Larson to serve as the City Representative to the SCT Steering Committee and Councilmember Baker to serve as the City’s Alternate. Dick Butner seconded the motion that passed with a unanimous vote. DISCUSSION ITEMS There were no Discussion Items. ADMINISTRATOR & STAFF REPORTS There were no reports. CITY COUNCIL COMMITTEE REPORTS Dick Butner, Sally Lien, and Linda Byrnes gave brief reports/comments, while Marilyn Oertle, Chris Raezer, Scott Solla, and Steve Baker had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would be no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:14PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third January 11, 2010 City Council Members Present: Dick Butner, Sally Lien, Linda Byrnes, Marilyn Oertle, Chris Raezer, Scott Solla, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Fire Chief Jim Rankin, Julie Good, Jim Kelly, David Kuhl, Paul Ellis, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Adam Rudnick – Arlington Times, Frank Barden – Park Arts and Recreation Commission, and Gale Fiege – Everett Herald Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. WORKSHOP ITEMS – NO ACTION WAS TAKEN Public Works Director Jim Kelly introduced Washington State Department of Transportation personnel Thomas F Stacey and Katherine L. George, who were present in place of scheduled speaker Kerri Woehler. They distributed handouts and presented information regarding transportation improvements from 43rd to 67th Avenue NE on SR 531. This is a pre- designed corridor which would address new development, safety concerns, and would provide guides for future projects. Throughout the presentation Ms. George and Mr. Stacey answered Council questions. SR 531 Corridor Pre-Design Analysis project – Kerri Woehler, WSDOT Project - Handouts Parks, Arts, and Recreation Commissioner Frank Barden addressed the proposed Code changes regarding the participation of student representatives, whether the two seats could come from only one of the Arlington and/or Lakewood School Districts, and the students’ newly proposed ability to vote on PARC matters. He also requested Council support for announcing a no-smoking policy prior to City events. Mr. Barden then answered Council questions, and a lengthy discussion followed. Frank Barden, Representative from PARC to Discuss the Proposed Change AMC Title 2 Regarding Student Representatives and No Smoking at Events in City Parks Minutes of the Arlington City Council Workshop Meeting Minutes of the City of Arlington City Council Meeting DRAFT January 11, 2010 Page 2 of 2 Public Works Director Jim Kelly addressed utility easements that must be dedicated to the City as a condition of the Stillaguamish Senior Center Complex expansion. This will be addressed at the January 19 Stillaguamish Senior Center Utility Easements th Council meeting. Mr. Kelly answered Council questions. Human Resources Manager Julie Good distributed Form I-9 to Council members needing to complete the document for needed pertinent information. Completion of Form I-9 Assistant City Administrator Kristin Banfield, along with Community Development Director David Kuhl, addressed changes in the Arlington Municipal Code in regard to issues with animals. Ms. Banfield and Mr. Kuhl answered Council concerns and questions. Continued Review of AMC Title 8 Revisions Ms. Banfield briefly touched on Title 9 Revisions. Review of AMC Title 9 Revisions Paul Ellis asked the Council for permission to reapply for a Tourism/Economic Development Grant to fund a portion of the proposed Legion Park restrooms. Council authorized Mr. Ellis to reapply for the grant. Authorization to Apply for Tourism / Economic Development Grant for Legion Park Restrooms EXECUTIVE SESSION City Attorney Steve Peiffle announced that the city Council would go into Executive Session for approximately 15 minutes to discuss real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)]. Mayor Larson reminded the audience that no action would be taken during or after the Executive Session. At 8:34PM the meeting was adjourned into Executive Session and at 8:48PM the meeting was reconvened. With no further business to come before the Council, the meeting was adjourned at 8:49PM. ________________________ Mayor Larson City of Arlington Council Agenda Bill AGENDA ITEM: CONSENT AGENDA #3 ATTACHMENT B COUNCIL MEETING DATE: January 19, 2009 SUBJECT: Amendment No. 1 to the Kelli hale Professional Services Agreement DEPARTMENT OF ORIGIN: Public Works – Engineering Jim Kelly ATTACHMENTS: • Amendment No. 1 to Professional Services Agreement with Kelli Hale EXPENDITURES REQUESTED: $10,200.00 ($85/hr, not to exceed 120 hours per mo) BUDGET CATEGORY: Engineering Dept - Professional Services LEGAL REVIEW: Pending Attorney Review DESCRIPTION: Council is requested to authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement Contract with Ms. Hale for specific engineering services. HISTORY: Ms. Hale began working for the City in April 2007 and had provided excellent engineering services. After accepting the City’s offer of voluntary layoff, the City entered into a PSA with Ms. Hale for engineering services to assist with the transition period until a new engineer could be hired. This amendment will extend the contract an additional month while the city completes the search for an engineer. ALTERNATIVES: Do not authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Ms. Hale for additional engineering services. RECOMMENDED ACTION: Authorize the Mayor to sign Amendment No. 1 to the Kelli Hale Professional Services Agreement extending the contract period through February 2010. 01/14/10 2:41 PM \\coaadmin1\Executive\Shared\2010 Council Agendas\January 19 2010\K Hale - Contract Amend #1.doc Contract Amendment No. 1 To Professional Services Agreement For Engineering Services In accordance with the Professional Services Agreement between the City of Arlington and Kelli S. Hale dated October 29, 2009, this is an authorization to revise and amend the original contract as described below effective this _____ day of January, 2010. The work will be performed and invoiced in accordance with the terms and conditions listed in the Original Agreement. It is mutually agreed that the above referenced agreement is amended as follows: AMENDMENT Section 2 - Term: The Project shall begin on November 1, 2009, and shall be completed no later than February 26, 2010, unless sooner terminated according to the provisions herein. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Except as modified herein, all terms and conditions in the contract between the parties dated October 29, 2009 shall remain in full force and effect. Kelli S. Hale City of Arlington _______________________________________ ________________________________________ Signature: Signature: _______________________________________ ________________________________________ Title: Title: ______________________ ______________________ Date: Date: City of Arlington Council Agenda Bill AGENDA ITEM: PUBLIC HEARING #1 ATTACHMENT C COUNCIL MEETING DATE: January 19, 2010 SUBJECT: Ordinance amending AMC Title 20, making minor technical amendments to the Land Use Code, and adding new Land Use Code Chapters 20.44.035 and 20.44.037 DEPARTMENT OF ORIGIN: Community Development – David Kuhl ATTACHMENTS: Land Use Code Minor Text Amendments New language: AMC Chapter 20.44.035 and Chapter 20.44.037 EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: Ordinance was reviewed by City Attorney DESCRIPTION: The Community Development Department is proposing technical amendments to the Land Use Code for clarification purposes with a “staff comment” section for each proposed change. Staff is also proposing new regulations for Administrative Conditional Use Permits (CUP’s) for Seasonal/Special Events and Administrative CUP’s for Homeless Encampments. The technical amendments are in strike out format and highlighted in red to show new language. The new regulations contain red in the text to indicate modifications that have been made during the Planning Commission review process. HISTORY: A work session was held with the Planning Commission on October 20, 2009. At the November 3, 2009 Planning Commission Public Hearing a number of changes were proposed that required additional staff research and amendments. Consequently, the item was continued to the December 15, 2009 meeting date. The Planning Commission approved the attached language on December 15, 2009. A work session was held with Council on September 28, 2009 and a Public Hearing was held on November 16, 2009. The Public Hearing was continued to January 19, 2010 to give the Planning Commission enough time to finish their work. ALTERNATIVES: 1. Keep the current ordinance in place. RECOMMENDED ACTION: Recommend approval of the Ordinance amending AMC Title 20, making minor technical amendments to the Land Use Code, and adding new Land Use Code Chapters 20.44.035 and 20.44.037. Date: January 19, 2010 To: City Council From: David Kuhl AICP, Director Community Development Re: Proposed Amendments to Title 20, Land Use Code The items below are amendments proposed to address issues within the Land Use Code. Also attached are proposed new regulations for Administrative Conditional Use Permits (CUPs) for Seasonal/Special Events and Administrative CUPs for Homeless Encampments. These items were discussed at an earlier work session. The technical amendments relate to language that needs some tweaking for clarification purposes or to add text that was inadvertently left out. A “staff comment” section below each proposed code change provides a brief description of the rationale behind the amendment. Some minor changes are proposed as a result of the last Planning Commission hearing held on December 15, 2009. These proposed changes are intended to clarify and clean- up previous versions. The amendments are ready for your review and approval. ___________________________________________________________________________________________________ Community Development Planning Division MEMO Ordinance No. 2010-___ 1 ORDINANCE NO. 2010-___ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, MAKING TECHNICAL AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE AND ADOPTING PROVISIONS RELATING TO HOMELESS ENCAMPMENTS AND ADMINISTRATIVE CONDITIONAL USE PERMITS WHEREAS, the City of Arlington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and development design guidelines pursuant to the updated Comprehensive Plan; and WHEREAS, various technical corrections or amendments are necessary to provide for internal consistency and to improve the code; and WHEREAS, environmental review has been completed as required by SEPA and consistent with the requirements of the State Growth Management Act; WHEREAS, the City Planning Commission considered these amendments at their multiple public hearings including a hearing on December 15, 2009, and the City Council considered the same, along with the Planning Commission recommendations, at multiple meetings, and at a public hearing conducted on January 19, 2010 and determined approving the amendments was in the best interest of the City and its citizens; and, and determined approving the amendments was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code §20.12.110 shall be and hereby is amended to read as follows: 20.12.110 The Building Official The Building Official is the officer or other designated authority charged with the administration and enforcement of the unified International Building Code and those Sections of this Title where the Building Official is referenced. Section 2. Arlington Municipal Code §20.16.250 shall be and hereby is amended to read as follows: 20.16.250 Amendments to and Modifications of Permits. (a) Insignificant design deviations from the permit (including approved plans) issued by the Hearing Examiner or the Community Development Director are permissible and the Community Development Director may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Each time an insignificant deviation is requested and approved, a memorandum from the Community Development Director with findings of fact shall be placed in the file for the permit from which it is was granted. If over time the number of insignificant deviations Ordinance No. 2010-___ 2 cumulatively requested have or will cause such cumulative changes so that over all they meet the criteria for a minor modification or change, the next subsequent insignificant deviation shall be treated as a modification as per subsection (b). (b) Minor design modifications or changes amendments in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained through a written request without a formal application or public hearing, but a payment of any additional fee may will be set by resolution. For purposes of this section, design modifications or changes amendments are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and do not exceed 10% of the approved lots or square footage. Each time a minor modification or change is approved, a memorandum from the permit-issuing authority with findings of fact shall be placed in the file for the permit to which it is was granted. If over time the number of minor modifications or changes cumulatively requested have or will cause such cumulative changes so that over all they to meet the criteria for a major change, the next subsequent minor modification or change amendment shall be treated as a major amendment and be processed as a new permit per subsection (c). (c) Major amendments in permits (including approved plans) are permissible with the approval of the Hearing Examiner or permit-issuing authority. Such permission may be obtained with a formal application and public hearing, if required, and a payment of any additional fee that will be set by resolution. For purposes of this section, major amendments are those that have a substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and do not exceed 25% of the approved lots or square footage. Each time a major amendment is approved, a memorandum from the permit-issuing authority with findings of fact shall be placed in the file for the permit to which it is was granted. If over time the number of major amendments or changes cumulatively requested have or will cause such cumulative changes so that over all they to exceed the criteria for a major amendment, the next subsequent major amendment shall be treated as a new application and be processed as per subsection (d). (d) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Hearing Examiner or Community Development Director, new conditions may be imposed in accordance with §20.16.190 (Additional Requirements on Zoning, Special Use, and Conditional Use Permits), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. (e) The Community Development Director shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (a), (b), (c) and (d). (f) A developer requesting approval of changes shall submit a written request with approved and proposed site plans for such approval to the Community Development Director, and that request shall identify the changes. Approval of all changes must be given in writing. Section 3. Arlington Municipal Code §20.16.300 shall be and hereby is amended to read as follows: 20.16.300 Regulation of Subdivisions. Ordinance No. 2010-___ 3 Major and short subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit or zoning permit, respectively, as provided in Part I of Chapter 20.16 (Permits and Final Plat Approval) of this article, and sale of lots is permitted after final plat approval as provided in §20.16.360 (Final Short or Major Subdivision Plat Approval Process). Section 4. Arlington Municipal Code Permissible Use Table 20.40-2 Sections 9.000 and 15.000 shall be and hereby is amended to add the following: See attached Exhibit “A”. Section 5. A new Arlington Municipal Code §20.44.035 shall be added to read as follows: 20.44.035 Administrative Conditional Use Permit for Homeless Encampments (a) This section establishes a mechanism whereby the City may, for a period not to exceed ninety (90) days, permit homeless encampments that would not otherwise be permitted in the zone in which they are proposed. (b) Administrative conditional use permits for homeless encampments shall follow the public notification process as described in section 20.16.100(e). (c) The City may grant an administrative conditional use permit only if it finds that: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; and 2. The proposed use or site plan is not otherwise allowable in the zone in which it is proposed. 3. Homeless encampments shall be located on existing sites owned or controlled by churches within those zones in which a church is a permitted use under AMC 20.40.010, Table of Permissible Uses, Use Description 5.200. (d) The City shall establish density and dimensional standards as part of the approval process of each administrative conditional use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these standards. (e) The City shall not grant an administrative conditional use permit at the same site more frequently than once in every 365-day period. The City may only grant an administrative conditional use permit for a specified period of time, not to exceed ninety (90) days. (f) No more than one (1) homeless encampment may be located in the City at any time. (g) In addition to the foregoing requirements and standards, the following definitions and standards apply to homeless encampments. 1. Definitions a. Homeless Encampment-A group of homeless persons temporarily residing out of doors on a site with services provided by a Sponsor and supervised by a Managing Agency. b. Managing Agency-An organization that has the capacity to organize and manage a homeless encampment. A “Managing Agency” may be the same entity as the Sponsor. c. Sponsor-An entity that has an agreement with the Managing Agency to provide basic services and support for the residents of a homeless encampment and liaison with the surrounding community and joins with the Ordinance No. 2010-___ 4 Managing Agency in an application for a temporary use permit. A “Sponsor” may be the same entity as the Managing Agency. 2. Standards a. The encampment shall be located a minimum of thirty (30) feet from the property line of an abutting residential zone. b. Type A sight-obscuring landscaping and/or fencing shall be required around the perimeter of the homeless encampment unless the Community Development Director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed. c. All exterior lighting shall be directed downward and contained within the homeless encampment. d. The maximum number of residents within a homeless encampment is one hundred (100). e. Off street parking shall be provided for the additional vehicles and shall not create a shortage of existing required parking. f. No permanent structures will be constructed for the homeless encampment. g. A transportation plan is required which shall include provisions of transit services. h. The homeless encampment shall be located within one-half mile of transit service. i. No children under eighteen (18) are permitted in the homeless encampment. If a child under the age of eighteen (18) attempts to reside at the camp the Sponsor or Managing Agency shall contact Child Protective Services. j. No animals shall be permitted in encampments except for service animals. k. The Managing Agency shall enforce a code of conduct. All homeless encampment residents shall sign an agreement to abide by the code of conduct prior to being admitted to the encampment. If a resident fails to abide by the code of conduct, the Managing Agency shall expel the resident from the property. The code shall contain the following as a minimum: i. No drugs or alcohol; ii. No weapons; iii. No violence; iv. No trespassing onto private property in the surrounding neighborhood; v. No loitering in the surrounding neighborhood; and vi. Quiet hours. l. The Sponsor or Managing Agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept a minimum of six (6) months. m. The Sponsor or Managing Agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing encampment residents. n. The Sponsor or Managing Agency will use identification to obtain sex offender and warrant checks from the Washington State Patrol, the Snohomish County Sheriff’s Office or relevant local police department. i. If said warrant and sex offender checks reveal either (1) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (2) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW Ordinance No. 2010-___ 5 9A.44.130, then the Sponsor or Managing Agency will reject the subject of the check for residency to the homeless encampment or eject the subject of the check if that person is already a homeless encampment resident. ii. The Sponsor or Managing Agency shall immediately contact the police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant. In other cases of rejection or ejection, the designated representative of the Sponsor or Managing Agency shall immediately provide the facts leading to such action to the Arlington Police Department and the Snohomish County Sheriff's Office. o. The Sponsor or Managing Agency shall self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while located on the property. p. The Sponsor or Managing Agency will appoint a designated representative to serve “on-duty” as an Encampment Manager at all times to serve as a point of contact for the Police Department and will orient the Police as to how the security tent operates. The names of the on-duty designated representative will be posted daily in the security tent. The City shall provide contact numbers of non-emergency personnel which shall be posted at the security tent. q. The property must be sufficient in size to accommodate the tents necessary on-site facilities, including, but not limited to the following: i. Sanitary portable toilets in the number required to meet capacity guidelines; ii. Hand washing stations by the toilets and by the food areas; iii. Refuse receptacles; and iv. Food tent and security tent. r. The Managing Agency shall ensure that legal connections to the City’s public water and sanitary sewer systems are obtained and must be in compliance with all state and local requirements. s. The Managing Agency shall ensure compliance with fire and building regulations. t. The homeless encampment shall conform to the following fire department requirements: i. There shall be no open fires for cooking without pre-approval by the Fire Department and no open fires for heating; ii. No heating appliances within the individual tents are allowed without pre-approval by the Fire Department; iii. No cooking appliances other than microwave appliances are allowed in individual tents; iv. An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Fire Department; v. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department; vi. Adequate separation between tents and other structures shall be maintained as determined by the Fire Department; and vii. All electrical installation shall comply with all national, state and local codes. Electrical cords are not to be strung together and any cords used must be approved for exterior use. Ordinance No. 2010-___ 6 u. The Sponsor and Managing Agency shall permit inspections by City staff at reasonable times without prior notice for compliance with the conditions of the Homeless Encampment Permit. Section 6. A new Arlington Municipal Code §20.44.037 shall be added to read as follows: 20.44.037 Administrative Conditional Use Permits (a) This section establishes a mechanism whereby the City may issue a permit to allow a use to be temporarily conducted that would not otherwise be permitted in the zone in which it is located. It is intended to permit seasonal and special events, carnivals and/or fairs that would not be permitted in the zone in which they are proposed. (b) An application for an administrative conditional use permit will be reviewed and approved by the Community Development Director. (c) The City may grant an administrative conditional use permit only if it finds that: 1) The proposed use or site plan will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; and 2) The Proposed use or site plan will be consistent with the intent of the underlying zone, including the Airport Protection District and Critical Areas. 3) Conditional Use Permits for temporary events shall be located in zones that are consistent with permanent facilities found in Chapter 20.40 Table of Permissible Uses. Examples include Horticultural Sales with Outdoor Display allowed in NC, GC, HC, and GI zones. Example: Motor Vehicle Sales or Rental; Mobile Home Sales allowed in OTBD2, OTBD3, GC, and HC zones. (d) The City shall establish density and dimensional standards as part of the approval process of each administrative conditional use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these standards. A parking lot plot plan, including provisions for handicap parking, will be required with each submittal. A plan for circulation, traffic control and portable restroom facilities will be required. (e) The City shall not grant an administrative conditional use permit (for a seasonal event) at the same site more frequently than twice in a 365 day period. The City may only grant a permit for a specified period of time, not to exceed more than two (2) seasonal events each year with each seasonal event lasting no longer than thirty (30) days. As an option, a property owner may process a special event permit not to exceed more than six (6) special events each year with each special event lasting no longer than ten (10) days. In any case, the combination of seasonal and special events shall not exceed 60 days per year. (f) If the proposed use is a sale or other event which will generate sales tax, approval from the Department of Revenue shall be required prior to permit issuance. (g) Exceptions. Temporary staging facilities for public projects may be approved for a time period not to exceed the duration of their construction. Section 7. Municipal Code §20.46.010 shall be and hereby is amended to read as follows: 20.46.010 Conformance with Design Guidelines or Standards. Ordinance No. 2010-___ 7 (a) Structures within the following zones (Subsection (1)) or specific use classes (as classified in the Table of Permissible Uses, §20.40.010) (Subsection (2)) are subject to the relevant design guidelines or standards adopted in this Chapter. No building or land use permit shall be issued for structures or uses that do not conform to the applicable guidelines or standards except as allowed under Subsection (b). 1. Zones a. Old Town Business District 1 b. Old Town Business District 2 & 3 c. Neighborhood Commercial d. General Commercial e. Highway Commercial f. Business Park g. Light Industrial h. General Industrial (those sides of buildings fronting on and noticeably visible from public streets only) i. Residential High Density j. Medical Services 2. Specific Use Classes a. Multi-Family Residential (Use Class 1.300) b. Educational, Cultural, Religious, Philanthropic, Social, Fraternal Uses (Use Class 5.000) c. Institutional Residence or Care or Confinement Facilities (Use Class 7.000) d. Emergency Services (Use Class 13.000) e. Cemetery and Crematorium (Use Class 21.000) f. Site Specific Developments (Use Class 30.300) Section 8. Arlington Municipal Code §20.46.020 shall be amended to read as follows: 20.46.020 Design Review Process. Review of permit applications for conformance with the Development Design Guidelines shall be as follows: (a) The Community Development Director and/or his designee shall review exterior modifications. Exterior modifications include changes to existing structures, landscaping, site design, or signs with a construction value less than $100,000.00. (b) All other design review with a construction value equal to or exceeding $100,000.00 shall be performed by the Design Review Board in a public meeting (not a public hearing). On building permits for which there is no land use permit required, their decision is final (subject to appeal, see Subsection (c)). Otherwise, their recommendation shall be forwarded to the permit-issuing authority for its consideration with the permit application. (c) Appeals shall be pursuant to Chapter 20.20 (Appeals Variances, Interpretations. (d) Fees for design review shall be as set by resolution. Section 9. Arlington Municipal Code §20.46.070 shall be amended to read as follows: 20.46.070 Location of Parking in Multi-Family Structures. Ordinance No. 2010-___ 8 For two-family apartments (class 1.240) and multi-family (Class 1.300) uses, in no instance shall street level parking areas be allowed within 25 feet of a public right-of-way unless it is substantially shielded from public view. Section 10. Arlington Municipal Code Table 20.56-1, Street and Right of Way Improvement Requirements, shall be amended to read as follows: See attached Exhibit “B”. Section 11. Arlington Municipal Code Table 20.72-1 shall be amended to add the following subsections: Table 20.72-1: Table of Parking Requirements Parking Requirement 8.410 Reservoir lane capacity equal to 5 spaces per drive-in window. 8.600 1 space per 300 square feet of gross floor area. 10.300 1 space per 10,000 square feet of gross floor and 1 space for every 4 employees. Section 12. Arlington Municipal Code §20.96.010 shall be amended to read as follows: 20.96.010 Amendments in General. (a) Amendments to the text of this Title or to the zoning map may be made in accordance with the provisions of this chapter. (b) The term major map amendment shall refer to an amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) in excess of 50 acres. All other amendments to the zoning district map shall be referred to as minor map amendments. (c) Amendments to the text of the Comprehensive Plan or to the Land Use Map may be made in accordance with provisions of this chapter. (d) The Comprehensive Plan may not be amended more than once a year (RCW 36.70A.130) and therefore requests for amendments will be deferred to the time of an annual public hearing. Only amendments submitted no later than the last working day of January each calendar year will be reviewed for the annual cycle. Amendments submitted no later than January 31 of each calendar year will be reviewed for that annual cycle. (e) When a conflict exists between the Comprehensive Plan Goals and Policies and the Comprehensive Plan Land Use Map, the Comprehensive Plan Goals and Policies shall override the Land Use Map designation. Section 13. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 14. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. Ordinance No. 2010-___ 9 PASSED BY the City Council and APPROVED by the Mayor this ____ day of __________________, 2010. CITY OF ARLINGTON ___________________________ Margaret Larson, Mayor Attest: _____________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Ordinance No. 2010-___ 10 EXHIBIT “A” Table 20.40-2: Table of Permissible Uses USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 9.000 MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS 9.`170 Towing Operations ZS ZS 15.000 MISCELLANEOUS PUBLIC AND SEMI-PUBLIC FACILITIES 15.600 Non Profit Organizations (e.g., food banks, helping hands, united way foundations, etc.) Z Z Z Z Ordinance No. 2010-___ 11 EXHIBIT “B” Table 20.56-1 Street and Right of Way Improvement Requirements Roadway Classification ROW Width Pavement Width Vertical Curb/ Gutter Planting Strip Side- walk Bike Path Lane Width No. of Lanes Inside Radius Maximum Slope Easement Width Private Access Tract or Easement, Non-Single- Family To be sized similar to public roads, using those criteria. Cul-de-Sac 50 60’ 30 50’ 6” 4.5’ 5’ N/A N/A 2 27.8’ 14% N/A Bulb = 35’ curb radius; 50’ radius to curb; & 60’ radius to right-of-way Local Access 50’ 30’ 6” 4.5’ 5’ N/A 15’ 2 N/A 14% N/A Local Collector 60’ 40’ 6” 4.5’ 5’ 5’/7’ 15’/13’ 2 N/A 12% N/A Collector Arterial 64’ 44’ 6” 4.5’ 5’ 5’ 11’ 3 N/A 10% N/A Arterial (4-lane) 90’ 58’ 6” 4.5’ 5’ 5’ 12’ 4 N/A 8% N/A Arterial (5-lane) 100’ 70’ 6” 4.5’ 5’ 5’ 12’ 5 N/A 8% N/A State Highway Determined by Public Works Director in consultation with WSDOT 1/19/10 City Council Public Hearing Page 1 20.46.020 Design Review Process. Review of permit applications for conformance with the Development Design Guidelines shall be as follows: (a) The Community Development Director and/or his designee shall review exterior modifications. Exterior modifications include changes to existing structures, landscaping, site design, or signs with a construction value less than $100,000.00. (b) All other design review with a construction value exceeding $100,000.00 shall be performed by the Design Review Board in a public meeting (not a public hearing). On building permits for which there is no land use permit required their decision is final (subject to appeal, see Subsection (c)). Otherwise, their recommendation shall be forwarded to the permit-issuing authority for its consideration with the permit application. (Amended by Ord. 1312, 11/17/2003) (c) Appeals shall be pursuant to Chapter 20.20 (Appeals Variances, Interpretations. (d) Fees for design review shall be as set by resolution. Staff Comment We have added language that provides a distinction between when a project is reviewed administratively or goes before the design review board, and that when a project is reviewed administratively, it is for exterior modifications AND all new construction with a value less than $100,000.00. This is what this section was intended to say, it was just not clear. 20.46.070 Location of Parking in Multi-Family Structures. For two-family apartments (class 1.240) and multi-family (Class 1.300) uses in no instance shall street level parking areas be allowed within 25 feet of a public right-of- way unless it is substantially shielded from public view. (Amended by Ord. 1312, 11/17/2003). Staff Comment This section requires duplexes and 2 unit townhomes, etc., to have a 25 foot setback from a public ROW or be substantially shielded. It did not seem fair to require two unit complexes to comply with this when they are not considered multi-family but are classified as single family under the Land Use Code. 20.16.300 Regulation of Subdivisions. Major and short subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit or zoning permit, respectively, as provided in Part I of Chapter 20.16 (Permits and Final Plat Approval) of this article, and sale of lots is permitted after final plat approval as provided in §20.16.360 (Final Short or Major Subdivision Plat Approval Process). Staff Comment This language has been added because, the way it currently reads, it would require a short plat to have a conditional use permit and follow the same review process as a long plat when it is supposed to have a zoning permit and follow an administrative review process. 1/19/10 City Council Public Hearing Page 2 20.16.250 Amendments to and Modifications of Permits. (a) Insignificant design deviations from the permit (including approved plans) issued by the Hearing Examiner or the Community Development Director are permissible and the Community Development Director may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Each time an insignificant deviation is requested and approved, a memorandum from the Community Development Director with findings of fact shall be placed in the file for the permit from which it is was granted. If over time the number of insignificant deviations cumulatively requested have or will cause such cumulative changes so that over all they meet the criteria for a minor modification or change, the next subsequent insignificant deviation shall be treated as a modification as per subsection (b). (b) Minor design modifications or changes amendments in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained through a written request without a formal application or public hearing, but a payment of any additional fee may will be set by resolution. For purposes of this section, design modifications or changes amendments are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and do not exceed 10% of the approved lots or square footage. Each time a minor modification or change is approved, a memorandum from the permit-issuing authority with findings of fact shall be placed in the file for the permit to which it is was granted. If over time the number of minor modifications or changes cumulatively requested have or will cause such cumulative changes so that over all they to meet the criteria for a major change, the next subsequent minor modification or change amendment shall be treated as a major amendment and be processed as a new permit per subsection (c). (c) Major amendments in permits (including approved plans) are permissible with the approval of the Hearing Examiner or permit-issuing authority. Such permission may be obtained with a formal application and public hearing, if required, and a payment of any additional fee that will be set by resolution. For purposes of this section, major amendments are those that have a substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and do not exceed 25% of the approved lots or square footage. Each time a major amendment is approved, a memorandum from the permit-issuing authority with findings of fact shall be placed in the file for the permit to which it is was granted. If over time the number of major amendments or changes cumulatively requested have or will cause such cumulative changes so that over all they to exceed the criteria for a major amendment, the next subsequent major amendment shall be treated as a new application and be processed as per subsection (d). (d) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Hearing Examiner or Community Development Director, new conditions may be imposed in accordance with §20.16.190 (Additional Requirements on Zoning, Special Use, and Conditional Use Permits), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. 1/19/10 City Council Public Hearing Page 3 (e) The Community Development Director shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (a), (b), (c) and (d). (f) A developer requesting approval of changes shall submit a written request with approved and proposed site plans for such approval to the Community Development Director, and that request shall identify the changes. Approval of all changes must be given in writing. Staff Comment This language has been revised to differentiate between amendment processes and set specific thresholds. Table 20.72-1: Table of Parking Requirements Parking Requirement 8.100 1 space per 200 square feet of gross floor area. 8.200 8.300 Same as 8.100 plus 1 space for every eight outside seats. 8.400 Same as 8.200 plus reservoir lane capacity equal to 5 spaces per drive-in window. 8.410 Reservoir lane capacity equal to 5 spaces per drive-in window. 8.500 1 space per 200 square feet of gross floor area. 8.600 1 space per 300 square feet of gross floor area. 10.210 10.220 1 space for every four employees on the maximum shift but not less than 1 space per 10,000 square feet of area devoted to storage (whether inside or outside). 10.300 1 space per 10,000 square feet of gross floor and 1 space for every 4 employees. 10.400 1 space for every two hangars required, which may include space inside a hanger. 11.000 1 space per 400 square feet of gross floor area. 12.000 1 space per 400 square feet of gross floor area. Staff Comment Parking use code 8.410 [carry-out and delivery service; drive-in service for beverages and pastries only (only as an accessory use physically attached to a primary use)], 8.600 (gambling establishments), and 10.300 (parking of vehicles of equipment outside enclosed structures) are permissible uses that do not have a correlating parking requirement, and in order to require adequate parking for these uses, we need them to be added to the parking requirement section. 1/19/10 City Council Public Hearing Page 4 20.12.110 The Building Official The Building Official is the officer or other designated authority charged with the administration and enforcement of the unified International Building Code and those Sections of this Title where the Building Official is referenced. Staff Comment This section was amended to be consistent since we follow the IBC not the UBC. 1/19/10 City Council Public Hearing Page 5 20.96.010 Amendments in General. (a) Amendments to the text of this Title or to the zoning map may be made in accordance with the provisions of this chapter. (b) The term major map amendment shall refer to an amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) in excess of 50 acres. All other amendments to the zoning district map shall be referred to as minor map amendments. (c) Amendments to the text of the Comprehensive Plan or to the Land Use Map may be made in accordance with provisions of this chapter. (d) The Comprehensive Plan may not be amended more than once a year (RCW 36.70A.130) and therefore requests for amendments will be deferred to the time of an annual public hearing. Only amendments submitted no later than the last working day of January each calendar year will be reviewed for the annual cycle. Amendments submitted no later than January 31 of each calendar year will be reviewed for that annual cycle. (e) When a conflict exists between the Comprehensive Plan Goals and Policies and the Comprehensive Plan Land Use Map, the Comprehensive Plan Goals and Policies shall override the Land Use Map designation. Staff Comment This section changes the last day a CompPlan amendment could be accepted to the last working day of the month vs the 31st which could fall on a weekend. It also eliminates section (e) which, if we kept it in the code, could make it possible for a developer to request a CompPlan Amendment from General Commercial to Industrial which would allow for uses that were not anticipated for that zone/area. 20.46.010 Conformance with Design Guidelines or Standards. (a) Structures within the following zones (Subsection (1)) or specific use classes (as classified in the Table of Permissible Uses, §20.40.010) (Subsection (2)) are subject to the relevant design guidelines or standards adopted in this Chapter. No building or land use permit shall be issued for structures or uses that do not conform to the applicable guidelines or standards except as allowed under Subsection (b). 1. Zones a. Old Town Business District 1 b. 7Old Town Business District 2 & 3 c. Neighborhood Commercial d. General Commercial e. Highway Commercial f. Business Park g. Light Industrial h. General Industrial (those sides of buildings fronting on and noticeably visible from public streets only) i. Residential High Density j. Medical Services (Added by Ord. No. 1351, 9/7/04) 2. Specific Use Classes a. Multi-Family Residential (Use Class 1.300) 1/19/10 City Council Public Hearing Page 6 b. Educational, Cultural, Religious, Philanthropic, Social, Fraternal Uses (Use Class 5.000) c. Institutional Residence or Care or Confinement Facilities (Use Class 7.000) d. Emergency Services (Use Class 13.000) e. Cemetery and Crematorium (Use Class 21.000) f. Site Specific Developments (Use Class 30.300) Staff Comment In this section we removed the reference to site specific developments as we no longer have any rules or regulations for such developments. 1/19/10 City Council Public Hearing Page 7 Table 20.56-1 Street and Right of Way Improvement Requirements Roadway Classification ROW Width Pavement Width Vertical Curb/ Gutter Planting Strip Side- walk Bike Path Lane Width No. of Lanes Inside Radius Maximum Slope Easement Width Private Access Tract or Easement, Non-Single- Family To be sized similar to public roads, using those criteria. Cul-de-Sac 50 60’ 30 50’ 6” 4.5’ 5’ N/A N/A 2 27.8’ 14% N/A Bulb = 35’ curb radius; 50’ radius to curb; & 60’ radius to right-of-way Local Access 50’ 30’ 6” 4.5’ 5’ N/A 15’ 2 N/A 14% N/A Local Collector 60’ 40’ 6” 4.5’ 5’ 5’/7’ 15’/13’ 2 N/A 12% N/A Collector Arterial 64’ 44’ 6” 4.5’ 5’ 5’ 11’ 3 N/A 10% N/A Arterial (4-lane) 90’ 58’ 6” 4.5’ 5’ 5’ 12’ 4 N/A 8% N/A Arterial (5-lane) 100’ 70’ 6” 4.5’ 5’ 5’ 12’ 5 N/A 8% N/A State Highway Determined by Public Works Director in consultation with WSDOT Staff Comment The cul-de-sac changes have been made to be consistent with the Site Civil Standards and Specification which require them to have a 60 foot radius and a pavement width of 50 feet. 1/19/10 City Council Public Hearing Page 8 Table 20.40-2: Table of Permissible Uses USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 9.000 MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS 9.100 Non-Aviation Related Operations 9.110 Motor vehicle sales or rental; mobile home sales ZS ZS ZS ZS 9.120 Sales with installation of motor vehicle parts or accessories (e.g., tires, mufflers, etc.) ZS ZS ZS ZS 9.130 Motor vehicle repair and maintenance, not including substantial body work 9.131 With no storage of vehicles for longer than 24 consecutive hours ZS ZS ZS 9.132 With storage of vehicles for longer than 24 consecutive hours ZS 9.140 Motor vehicle painting and body work 9.141 With no storage of vehicles for longer than 24 consecutive hours ZS ZS 9.142 With storage of vehicles for longer than 24 consecutive hours ZS 9.150 Fuel sales18 ZS ZS ZS ZS ZS ZS ZS 9.160 Car wash ZS ZS ZS ZS 9.`170 Towing Operations ZS ZS 15.000 MISCELLANEOUS PUBLIC AND SEMI-PUBLIC FACILITIES 15.100 Post Office ZS ZS ZS ZS ZS ZS ZS ZS ZS ZSC10 15.200 Airport C11 C10 15.300 Solid Waste Facilities (Publicly or Privately owned) 1/19/10 City Council Public Hearing Page 9 USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 15.310 Solid Waste Transfer Station ZS6 ZSC10 15.320 Solid Waste Recycling Center ZS6 ZSC10 15.330 Sanitary Landfill ZS6 ZSC10 15.340 Biosolid Recycling ZS6 Z11 ZSC10 15.400 Military Reserve, National Guard Centers ZS ZS ZS ZS ZS Z11 ZSC10 15.500 Temporary mobile or modular structures used for public services (e.g., mobile classrooms, civic services, public health centers, emergency response centers, etc.) 4 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 Z10 15.600 Non Profit Organizations (e.g., food banks, helping hands, united way foundations, etc.) Z Z Z Z Footnotes to the Table of Permissible Uses These footnotes are intended to be a helpful reminder that specific uses may be subject to supplemental regulations. The lack of a footnote does not mean that a particular use is not subject to applicable supplemental use regulations. If a particular use does not have a footnote, there still may be applicable supplemental use regulations. If a proposed use is clearly intended to comply with specific supplemental use regulations, then it is subject to them. The Community Development Director will make the determination of whether specific supplemental use regulations are applicable to a particular project. Please see Chapter 20.44 for a complete list of the supplemental use regulations. 1 Subject to §20.44.060 (Minimum Parcel Sizes for Class “A,” “B,” or “C” Mobile Homes). 2 Subject to §20.48.010 (Minimum Lot Size Requirements). 3 Subject to §20.44.080 (Mobile Sales and Delivery). 4 Subject to §20.44.048 (Temporary Public Structures). 5 Subject to §20.44.100 (Permits for Grading and Filling). 6 Subject to §20.44.010 (Solid Waste, Quarrying, Mining, and Similar Uses). 7 Subject to §20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision). 8 Subject to §20.44.034 (Wireless Communications Facilities) 9 Subject to §20.44.110 (Permits for Land Clearing) 10 Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public agency for the benefit of the general public. 1/19/10 City Council Public Hearing Page 10 11 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.034 (Aviation Flightline District Established). 12 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.036 (Medical Services District Established). 13 Subject to §20.44.096 (Penal and Correctional Facilities). 14 Subject to §20.44.016 (Mixed Use Developments). 15 Subject to §20.44.084 (Stand Alone Office Uses in the General Industrial Zone). 16 Subject to §20.44.062 (Trade or Vocational Schools in the OTB-1). 17 Subject to §20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport Property). 18 Subject to §20.38.080 (Performance Standards and Miscellaneous Restrictions). 19 Subject to §20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards and Automobile Recycling Facilities). 20 Subject to §20.44.032 (Master Planned Neighborhood Developments) 21 Subject to the requirements of AMC Chapter 3.32, and further subject to the following locational criteria: only permitted in areas south of SR 531/172nd St. and east of 51st Avenue NE, or south of 169th Pl. NE, north of 164th St. NE, and west of Smokey Point Boulevard; and not located within one thousand (1000) feet of a daycare facility, school, church, synagogue, or temple. 22 Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on the premises. Staff Comment Although the Council will be reviewing the Table of Uses in its entirety in the future, the two added uses (towing operations and non-profit organizations) need to be addressed sooner. 1/19/10 City Council Public Hearing Page 1 20.44.035 Administrative Conditional Use Permit for Homeless Encampments (a) This section establishes a mechanism whereby the City may, for a period not to exceed ninety (90) days, permit homeless encampments that would not otherwise be permitted in the zone in which they are proposed. (b) Administrative conditional use permits for homeless encampments shall follow the public notification process as described in section 20.16.100(e). (c) The City may grant an administrative conditional use permit only if it finds that: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; and 2. The proposed use or site plan is not otherwise allowable in the zone in which it is proposed. 3. Homeless encampments shall be located on existing sites owned or controlled by churches within those zones in which a church is a permitted use under AMC 20.40.010, Table of Permissible Uses, Use Description 5.200. (d) The City shall establish density and dimensional standards as part of the approval process of each administrative conditional use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these standards. (e) The City shall not grant an administrative conditional use permit at the same site more frequently than once in every 365-day period. The City may only grant an administrative conditional use permit for a specified period of time, not to exceed ninety (90) days. (f) No more than one (1) homeless encampment may be located in the City at any time. (g) In addition to the foregoing requirements and standards, the following definitions and standards apply to homeless encampments. 1. Definitions a. Homeless Encampment-A group of homeless persons temporarily residing out of doors on a site with services provided by a Sponsor and supervised by a Managing Agency. b. Managing Agency-An organization that has the capacity to organize and manage a homeless encampment. A “Managing Agency” may be the same entity as the Sponsor. c. Sponsor-An entity that has an agreement with the Managing Agency to provide basic services and support for the residents of a homeless encampment and liaison with the surrounding community and joins with the Managing Agency in an application for a temporary use permit. A “Sponsor” may be the same entity as the Managing Agency. 2. Standards 1/19/10 City Council Public Hearing Page 2 a. The encampment shall be located a minimum of thirty (30) feet from the property line of an abutting residential zone. b. Type A sight-obscuring landscaping and/or fencing shall be required around the perimeter of the homeless encampment unless the Community Development Director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed. c. All exterior lighting shall be directed downward and contained within the homeless encampment. d. The maximum number of residents within a homeless encampment is one hundred (100). e. Off street parking shall be provided for the additional vehicles and shall not create a shortage of existing required parking. f. No permanent structures will be constructed for the homeless encampment. g. A transportation plan is required which shall include provisions of transit services. h. The homeless encampment shall be located within one-half mile of transit service. i. No children under eighteen (18) are permitted in the homeless encampment. If a child under the age of eighteen (18) attempts to reside at the camp the Sponsor or Managing Agency shall contact Child Protective Services. j. No animals shall be permitted in encampments except for service animals. k. The Managing Agency shall enforce a code of conduct. All homeless encampment residents shall sign an agreement to abide by the code of conduct prior to being admitted to the encampment. If a resident fails to abide by the code of conduct, the Managing Agency shall expel the resident from the property. The code shall contain the following as a minimum: i. No drugs or alcohol; ii. No weapons; iii. No violence; iv. No trespassing onto private property in the surrounding neighborhood; v. No loitering in the surrounding neighborhood; and vi. Quiet hours. l. The Sponsor or Managing Agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept a minimum of six (6) months. 1/19/10 City Council Public Hearing Page 3 m. The Sponsor or Managing Agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing encampment residents. n. The Sponsor or Managing Agency will use identification to obtain sex offender and warrant checks from the Washington State Patrol, the Snohomish County Sheriff’s Office or relevant local police department. i. If said warrant and sex offender checks reveal either (1) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (2) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then the Sponsor or Managing Agency will reject the subject of the check for residency to the homeless encampment or eject the subject of the check if that person is already a homeless encampment resident. ii. The Sponsor or Managing Agency shall immediately contact the police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant. In other cases of rejection or ejection, the designated representative of the Sponsor or Managing Agency shall immediately provide the facts leading to such action to the Arlington Police Department and the Snohomish County Sheriff's Office. o. The Sponsor or Managing Agency shall self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while located on the property. p. The Sponsor or Managing Agency will appoint a designated representative to serve “on-duty” as an Encampment Manager at all times to serve as a point of contact for the Police Department and will orient the Police as to how the security tent operates. The names of the on-duty designated representative will be posted daily in the security tent. The City shall provide contact numbers of non-emergency personnel which shall be posted at the security tent. q. The property must be sufficient in size to accommodate the tents necessary on-site facilities, including, but not limited to the following: i. Sanitary portable toilets in the number required to meet capacity guidelines; ii. Hand washing stations by the toilets and by the food areas; iii. Refuse receptacles; and iv. Food tent and security tent. 1/19/10 City Council Public Hearing Page 4 r. The Managing Agency shall ensure that legal connections to the City’s public water and sanitary sewer systems are obtained and must be in compliance with all state and local requirements. Screening shall be provided and approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping to screen such facilities from neighboring properties. s. The Managing Agency shall ensure compliance with fire and building regulations. t. The homeless encampment shall conform to the following fire department requirements: i. There shall be no open fires for cooking without pre-approval by the Fire Department and no open fires for heating; ii. No heating appliances within the individual tents are allowed without pre-approval by the Fire Department; iii. No cooking appliances other than microwave appliances are allowed in individual tents; iv. An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Fire Department; v. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department; vi. Adequate separation between tents and other structures shall be maintained as determined by the Fire Department; and vii. All electrical installation shall comply with all national, state and local codes (NFPA 70/NEC). Electrical cords are not to be strung together and any cords used must be approved for exterior use. u. The Sponsor and Managing Agency shall permit inspections by City staff at reasonable times without prior notice for compliance with the conditions of the Homeless Encampment Permit. 1/19/10 City Council Public Hearing 20.44.037 Administrative Conditional Use Permits (a) This section establishes a mechanism whereby the City may issue a permit to allow a use to be temporarily conducted that would not otherwise be permitted in the zone in which it is located. It is intended to permit seasonal and special events, carnivals and/or fairs that would not be permitted in the zone in which they are proposed. (b) An application for an administrative conditional use permit will be reviewed and approved by the Community Development Director. (c) The City may grant an administrative conditional use permit only if it finds that: 1) The proposed use or site plan will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; and 2) The Proposed use or site plan will be consistent with the intent of the underlying zone, including the Airport Protection District and Critical Areas. 3) Conditional Use Permits for temporary events shall be located in zones that are consistent with permanent facilities found in Chapter 20.40 Table of Permissible Uses. Examples include Horticultural Sales with Outdoor Display allowed in NC, GC, HC, and GI zones. Example: Motor Vehicle Sales or Rental; Mobile Home Sales allowed in OTBD2, OTBD3, GC, and HC zones. (d) The City shall establish density and dimensional standards as part of the approval process of each administrative conditional use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these standards. A parking lot plot plan, including provisions for handicap parking, will be required with each submittal. A plan for circulation, traffic control and portable restroom facilities will be required. (e) The City shall not grant an administrative conditional use permit (for a seasonal event) at the same site more frequently than twice in a 365 day period. The City may only grant a permit for a specified period of time, not to exceed more than two (2) seasonal events each year with each seasonal event lasting no longer than thirty (30) days. As an option, a property owner may process a special event permit and not to exceed more than six (6) special events each year with each special event lasting no longer than ten (10) days. In any case, the combination of seasonal and special events shall not exceed 60 days per year. (f) If the proposed use is a sale or other event which will generate sales tax, approval from the Department of Revenue shall be required prior to permit issuance. (g) Exceptions. Temporary staging facilities for public projects may be approved for a time period not to exceed the duration of their construction. City of Arlington Council Agenda Bill AGENDA ITEM: NEW BUSINESS #1 ATTACHMENT D COUNCIL MEETING DATE: January 19, 2009 SUBJECT: Stillaguamish Senior Center Utilities Easements DEPARTMENT OF ORIGIN: Public Works - Engineering ATTACHMENTS: • Exhibit Map – showing location of easements EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney will prepare the final easement documents DESCRIPTION: The City is being asked to accept easements for water and sewer systems installed within the properties of the Stillaguamish Senior Center Complex as a condition of their expansion. Staff is working with two property owners – Stillaguamish Senior Center and RAZO LLC to finalize the easement. The City Attorney will be preparing the final documents for recording. HISTORY: As a condition of the expansion, the Stillaguamish Senior Center Complex was required to install water and sewer system extensions and related connections to the City system. Ownership and maintenance of all water and sewer extensions are to be turned over to City through a bill of sale once it is installed and accepted. These easements provide the City the ability to maintain and repair City owned infrastructure located on private property. ALTERNATIVES: • Table pending further discussion • Remand to Staff for additional information • Deny with or without prejudice RECOMMENDED ACTION: Motion to approve the acceptance of the Stillaguamish Senior Center Utilities Easements. New Parcel 1 New Parcel 1 New Parcel 2 New Parcel 3 182ND ST SMOKEY POINT BLVD 35TH AVE NE "Le ge nd Wat er line Eas em en t Se we r Ea se me nt ROW Coun ty Pa rce ls Scale:Date: File Name: Drawn By: StilliSrCntrallEasement8.5x11_09.mxd 12/31/2009 lb St illig uamish Senio r Cen terProposed Easem ents City of Ar lington 1 inch = 125 feet City of Arlington Council Agenda Bill AGENDA ITEM: NEW BUSINESS #2 ATTACHMENT E COUNCIL MEETING DATE: January 19, 2010 SUBJECT: Ordinance Amending Arlington Municipal Code Section 2.44.040 regarding the location of Airport Commission meetings DEPARTMENT OF ORIGIN: Airport Contact: Rob Putnam ATTACHMENTS: Proposed Ordinance Amending Arlington Municipal Code Section 2.44.040 regarding the location of Airport Commission meetings EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the proposed ordinance DESCRIPTION: This is a housekeeping matter. The Airport Office remodel and expansion added a meeting room to the facility. The Airport Commission will now hold their meetings in the Airport Office meeting room instead of at Hadley Hall. The proposed ordinance notifies the public of the new location of the Airport Commission meetings. HISTORY: ALTERNATIVES: Do not approve the ordinance. RECOMMENDED MOTION: I move Council adopt the Ordinance amending the Arlington Municipal Code Section 2.44.040 regarding the location of Airport Commission meetings. ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE SECTION 2.44.040 REGARDING THE LOCATION OF AIRPORT COMMISSION MEETINGS WHEREAS, the City of Arlington has the authority to regulate the operation of the Arlington Municipal Airport; and WHEREAS, the Airport Commission wishes to update the ordinance governing the Commission; and WHEREAS, the City Airport Commission considered this amendment at a December 8, 2009 public meeting and the City Council considered their recommendations at their meeting on January 19, 2010, and determined approving the amendment was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 2.44.040 is hereby amended to read as follows: 2.44.040 Meetings. Regular meetings of the Arlington airport commission shall be held on the second Tuesday of each month, beginning at seven p.m. Meetings shall be held at the Arlington Airport Office, 18204-59th Drive NE, Arlington, Washington; provided, however, that whenever such regular meeting falls upon a Tuesday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the airport commission shall be held upon the following Tuesday at the same time and place. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of ___________________________, 2010. CITY OF ARLINGTON Margaret Larson, Mayor Attest: Kristin Banfield, City Clerk Approved as to form: Steven J. Peiffle City Attorney