HomeMy WebLinkAbout2013-004ORDINANCE NO.2013-004
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.37 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO
TRANSFER OF DEVELOPMENT RIGHTS (TDR) REGULATIONS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040;
and
WHEREAS, the City of Arlington previously adopted regulations pertaining to
the transfer of development rights (TDRs) within the City; and
WHEREAS, the City desires to amend its regulations to take into account changes
to the TDR program within the City and to recognize the regional TDR program being
developed in the state; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 20.37.005 shall be amended to
read as follows:
20.37.005 - Definitions.
For purposes of this chapter the following definitions shall apply:
(1) "TDR overlay zone." A TDR overlay zone is that area depicted on the
official zoning map of the city that identifies the areas impacted by the interlocal
agreement authorized in Section 20.37.060-070 (Interlocal Agreement for TDR
Receiving Areas).
(2) "TDR receiving area." A TDR receiving area is that area to which
development rights may be transferred from other locations, pursuant to the city's
comprehensive plan or the interlocal agreement authorized in Section 20.37.OW
070 (Interlocal Agreement for TDR Receiving Areas).
(3) "Stillaguamish Sending Area" is the TDR sending area in the
Stillaguamish River Valley designated in the Snohomish County comprehensive
plan Future Land Use Map as a "Pilot Sending Area."
(4) "Regional Sending Area" is the TDR sending areas established by Counties
as authorized by WAC 365-108 and meet the conservation criteria described in
RCW 43.362.040.
ORDINANCE NO.2013-004
Section 2. Arlington Municipal Code Section 20.37.010(a) shall be amended to
read as follows:
(a) This chapter is adopted pursuant to the Growth Management Act (GMA),
Chapter 36.70A RCW, the city's comprehensive plan, including the West
Arlington Subarea Plan, and any interlocal agreement between the city of
Arlington and Snohomish County concerning the Transfer of Development Rights
Program that may hereafter be adopted. Consistent with the goals and
requirements of the GMA and Arlington Comprehensive Plan, the purpose of this
chapter is to:
(1) Provide for urban development within portions of the Arlington
Urban Growth Area that are zoned as TDR receiving areas pursuant to
Section 20.36.080 (TDR Overlay Zone Established) and depicted on the
city of Arlington's official zoning map.
(2) Help conserve valuable agricultural lands located in the
Stillaguamish River Valley that are designated as "sending areas" on the
Snohomish County Future Land Use Map, an element of the county's
comprehensive plan.
(3) Help conserve floodplain function, agriculture and agricultural
land through a variety of planning techniques, regulations, incentives, and
acquisition methods, an objective identified in the Arlington
Comprehensive Plan, Policy PL-19.10.
(4) Help conserve valuable resource lands designated by Counties
participating in the Regional TDR program as authorized by AC
Chapter 365-198.
Section 3. Arlington Municipal Code Section 20.37.060(a) shall be amended to
read as follows:
(a) As an incentive to preserve and protect the Stillaguamish Valley, the
zoning and development standards for the West Arlington subarea require
purchase of TDR certificates to obtain certain approvals from the City. Where
TDR certificates are required, the following applies:
(1) Development within the West Arlington Subarea TDR
Overlay Zone shall be subject to the development standards and
regulations for the underlying zoning classification, in addition to all other
applicable requirements of the AMC Title-20.
(2) Applications for development approvals must be
accompanied by a purchase and sale agreement, or copy thereof,
indicating that the applicant owns or has agreed to purchase the number of
TDR certificates required for development approval under this section.
(3) The applicant shall provide the city the required number of
TDR certificates, which are issued by Snohomish County pursuant to
County code prior to obtaining any final plat approval, final binding site
ORDINANCE NO. 2013-004 2
plan approval; or building permit , whichever
land use approval occurs eadiestlatest.
(4) Upon receiving the certificate, the city shall ensure the
certificates are extinguished pursuant to County code upon issuance of the
certificate of occupancy.
Section 4. Table 2 as set forth in Arlington Municipal Code Section 20.37.060
shall be amended to read as follows:
Table 2 West Arlington Receiving Area TDR program Exchange Rates
Receiving Zone(s)
Sending
Receiving Area
Receiving Area
and Type of
Area Ratio
Ratio/Bonus Density
Ratio/Bonus Density
Exchange/Location
from Farmland
from Forestland
of Sendin2 Area
TDRs
TDRs
SD — Single Purpose
1 Certificate
1 Certificate = 10,000
N/A
Residential from
per 10
sq. ft. of gross floor
Pilot Sending Area
Acres/parcel
area
West Arlington T4 -
1 Certificate
6 Additional Units
N/A
T6 from Pilot
per 10
=acre/Certificate
Sendiniz Area
Acres/parcel
SD — Single Purpose
1 Certificate
1 Certificate = 8,000
1 Certificate = 4,000
Residential from
per 10
sq. ft. of gross floor
sq. ft. of gross floor
Stillaguamish
Acres/parcel
area
Watershed sending
area
West Arlington T4 -
1 Certificate
5 Additional Units
2 Additional Units
T6 from
per 10
=acre/Certificate
=acre/Certificate
Stillaguamish
Acres/parcel
Watershed Sending
Area
SD — Single Purpose
See current
1 Certificate = 4,000
1 Certificate/2,000
Residential from
County
sq. ft. of gross floor
sq. ft. of gross floor
King or Snohomish
Ordinances
area
area
County regional
Program areas. (Not
Pilot Sending Area)
West Arlington T4 -
See current
2 Additional
1 Additional
T6 from King or
County
Units/acre/Certificate
Units/acre/Certificate
Snohomish county
Ordinances
Regional Program.
(Not Pilot Sending
Area
ORDINANCE NO. 2013-004
SD — Single Purpose
See current
1 Certificate=1,800
1 Certificate=900 sq.
Residential from
County
sq. ft. of gross floor
ft. of gross floor area
Pierce County.
Ordinances
area
West Arlington T4 -
See current
1 unit additional
0.5 unit additional
T6 from Pierce
County
Unit/acre/Certificate
Unit/acre/Certificate
County Regional
Ordinances
program.
T = Transect SD = Special District
Section 5. Arlington Municipal Code Section 20.37.070(a) shall be amended to
read as follows:
(a) Subject to approval by the city council, the mayor is authorized to
negotiate and execute an interlocal agreement (ILA) with King, Pierce, Kitsap
and/or Snohomish Counties Geui4y for the purpose of ensuring that the use of
TDR certificates is required as a condition to development approvals within TDR
receiving areas following annexation, as provided in this chapter.
Section 6. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 7. Effective Date. The title of this ordinance which summarizes the
contents 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 AT A REGULAR MEETING THEREOF
ON THE WDAY OF .V 12013.
CITY OF ARLINGTON, WASHINGTON
Barbara Tolbert, Mayor
ORDINANCE NO. 2013-004 4
ATTEST/AUTHENTICATED:
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K.risti Banfield, City Cler
APPROVED AS TO FORM:
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M Attomey
ORDINANCE NO.2013-004
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 #2013-004
was approved at the February 19, 2013 City Council meeting.
ORDINANCE #2013-004
"AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING CHAPTER 20.37 OF THE
ARLINGTON MUNICIPAL CODE RELATING TO TRANSFER
OF DEVELOPMENT RIGHTS (TDR) REGULATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 22"d day of February, 2013.
!Kris4tin-field
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on February 19, 2013, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2013-004 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING CHAPTER 20.37 OF THE
ARLINGTON MUNICIPAL CODE RELATING TO TRANSFER
OF DEVELOPMENT RIGHTS (TDR) REGULATIONS"
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.
lisktinanfield
City Clerk
City of Arlington