HomeMy WebLinkAbout2010-001 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 PERMITSORDINANCE NO. 2010-001
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.
read as follows :
Arlington Municipal Code §20.16.250 shall be and hereby is amended to
20 .16 .250 Amendments to and Modificat io ns 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 Oevelopment 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
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1
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 modificati o ns 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 modific ations or ch a nges 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 ~~83/ 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 §2 0.16.1 90 (Additional Requirements on Zoning, Special Use , and Cond ition al 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 .3 00 Regul ati o n of Su bd iv isions .
Ordinance No . 2010-001
2
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".
Sectio n 5. A new Arlington Municipal Code §20.44.035 shall be added to read as
follows :
20 .44 .035 Administrat ive Conditional Use Permit for Homeless Encampm e nts
(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. Ho me less 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. Mana gin g 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
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3
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 .
I. 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. 2010-001
4
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 Sheriffs 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 applic;1nces 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.
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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. 2010-001
6
(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 SposifiG-Qevel()f3mem& (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. 2010-001
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For w.•o 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
I I Parking Reguirement I
8.410 Reservoir lane capacity equal to 5 spaces per drive-in window .
8 .600 1 space per 300 square feet of qross floor area .
10.300 1 space per 10,000 square feet of qross floor and 1 space for every 4 employees .
Section 12. Arlington Municipal Code §20 .96 .010 shall be amended to read as follows:
20.96.01 0 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. ?0A.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. Amendmems
~teF---t-1:l-aR-J.a~Gfl-Gffiendar year ',¥ill be reviewed for that
annual cycle.
tet-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-Y-se-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. 2010-001
8
_ >-PASSED BY the City Council and APPROVED by the Mayor this ~ day of
"-=,[UA.U,O.....V~ , 2010.
CITY OF ARLINGTON
m ~ if-----Margtlarso n, Mayor
Attest:
Approved as to form :
Ordinance No. 2010-001
9
EXHIBIT "A"
Table 20.40-2: Table of Permissible Uses
ZONES
WSE DESC::RIPTIONS . SR RLMD RMD RHO OTR NC OTB1 0T82 OT83 GC HC BP LI GJ AF MS _p1w
9.000 MOTOR VEHICLE-RELATED SALES ANO SERVICE
OP ERATIONS
9.'170 Towing Operations ZS ZS
15.000 MISCELLANEOUS PUBLIC AND SEM I-PUBLIC
FACILITIES
15.600 Non Profit Organizations (e .. g., food banks , helping z z z z hands, united way foundations, etc.)
Ordinance No . 2010-001
10
EXHIBIT "B"
Table 20.56-1 Street and Right of Way Improvement Requirements
Roadway Classification ROW Pavement Vertical Planting Side-Bike Lane No. of Inside Maximum Easement
Width Width Curb/ Strip walk Path Width Lanes Radius Slope Width
Gutter
Private Access Tract or
Easement, Non-Single-To be sized similar to public roads, using those criteria .
Family
Cul-de-Sac W60' ~ 50 ' 6" 4 .5' 5' NIA NIA 2 27.8' 14% NIA
Bulb = 35' curb radius; 50' radius to curb; & 60' radius to right-of-way
Local Access 50' 30' 6 " 4.5' 5' NIA 15' 2 NIA 14% NIA
Local Collector 60' 40 ' 6" 4.5' 5' 5'/7' 15'/13' 2 NIA 12% NIA
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 NIA 8% N/A
Arterial (5-lane) 100' 70 ' 6" 4.5' 5' 5' 12' 5 N/A 8% NIA
State Highway Determined by Public Works Director in consultation with WSDOT
Ordinance No. 2010-001
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SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on January 19, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-001 entitled,
"AN ORDINANCE MAKING TECHNICAL AMENDMENTS TO AMC TITLE 20
AND ADOPTING PROVISIONS RELATING TO HOMELESS ENCAMPMENTS
AND ADMINISTRATIVE CONDITIONAL USE PERMITS"
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
Kristin Banfield
City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
I, Kristin Banfield being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-001 was approved at the January 19, 2010 Council meeting.
ORDINANCE #2010-001 "An Ordinance Making Technical Amendments to AMC Title 20
and Adopting Provisions Relating to Homeless Encampments and Administrative
Conditional Use Permits".
A true and correct copy of the original ordinance is attached.
Dated this 20 th day ofJanuary, 2010.
~~d Kristih Banfield
City Clerk for the City of Arlington