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HomeMy WebLinkAboutOrdinance No. 2018-005 Relating to Land Use and Zoning and Making Amendments to Chapter 20.46 of the Arlington Municpal Code ORDINANCE NO, 2018-005 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO LAND USE AND ZONING AND MAKING AMENDMENTS TO CHAPTER 20.46 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington Development Design Guidelines, Central Business District Design Guidelines, and Old Town Arlington Design Guidelines may be confusing to the public since guidelines are often only suggestive, unlike standards, which are, required to be implemented; and WHEREAS, the City of Arlington Planning Staff has identified that without sufficient development design standards for the Old Town Residential District (OTRD) and Old Town Business Districts (OTBD) 1, 2, and 3, development or modifications to existing structures may occur that could be detrimental to preserving or enhancing the historical architecture and traditional development practices that have created the Old Town Districts; and WHEREAS, the City of Arlington Planning Staff has identified that the Commercially Zoned areas within the City that are not utilizing the Mixed Use Development Overlay may still develop to the underlying zoning with the existing design guidelines, allowing for a development pattern that could be detrimental to the intent and type of development being implemented with the Mixed Use Development Regulations; and WHEREAS, the City of Arlington Planning Staff has reviewed and amended the existing Arlington Development Design Guidelines, Central Business District Design Guidelines so that they may be utilized as design standards; and WHEREAS, the amended documents will now be known as City of Arlington Development Design Standards and Olympic Avenue Design Guidelines; and WHEREAS, the Arlington Planning Commission met to review the proposed standards and consider the staff report regarding the proposed amendments to Chapter 20.46 at a workshop on June 5, 2018 and conducted a public hearing at a regular Planning Commission meeting on June 19, 2018 ; and WHEREAS, the City Council was presented public comment, findings of fact and the Planning Commission recommendation of the proposed amendments on June 25, 2018 and on July 2, 2018 the City Council considered the entire record of the proposed amendments within this ordinance; and WHEREAS, following the same, the City Council deliberated on the proposed amendments and found that they were in the best interest of the City and its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, ORDINANCE NO. 2018-005 1 WASHINGTON, DOES MAKE THE FOLLOWING FINDINGS: a. The City of Arlington's existing development regulations comply with the requirements of Chapter 36.70A RCW. b. The City Council finds that the review and required revisions to Chapter 20.46; which include, language changes to Section I General Development Design Standards (20.46.010 — 20.46.070); and Section II Old Town Residential In-Fill Design Standards (20.46,110 — 20.46.186. have been prepared in conformance with applicable law, including Chapter 36.70A RCW, NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. The subheading for Arlington Municipal Code Chapter 20.46, Section I, shall be amended to read as follows: General Development Design Standards and Old Town Business District Design Standards Section 2. A new Arlington Municipal Code Section 20.46.005 shall be added to read as follows: 20.46.005 Standards adopted. The City adopts and incorporates by reference herein certain development design standards known as the "City of Arlington Development Design Standards" dated June, 2018 A true copy of said documents shall be on file with the city clerk and the community and economic development department. Section 3. Arlington Municipal Code Section 20.46.010 shall be amended to read as follows: 20.46.010 -Conformance with design standards. (a) Structures within the following zones (Subsection (1)) or specific use classes (as classified in the Table of Permissible Uses, Section 20.40.010) (Subsection (2)) are subject to the relevant design 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 standards except as allowed under Subsection (b). (1) Zones (A) Old Town Business District 1 (B) Old Town Business District 2 and 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 2 ORDINANCE NO. 2018-005 noticeably visible from public streets only) (I) Residential High Density (J) Medical Services (K) Aviation Flightline (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) (b) A building or land use permit may be issued for a structure or use that does not comply with Subsection (a) if any one of the following findings can be made by the decision-making authority: (1) The structure is of a temporary nature that, in all likelihood, will be replaced by a permanent structure within two years. (2) The structure is minor to the overall use of the property and will not be noticeably visible from a public right-of-way. Section 4. Arlington Municipal Code Section 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 standards shall be as follows: (1) The community and economic development (CED) director and/or his or her designee shall review exterior modifications. Exterior modifications include changes to existing structures, landscaping, site design, or signs, with a construction value less than one hundred thousand dollars. (2) All other design review with a construction value exceeding one hundred thousand dollars 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 (3)). Otherwise, their recommendation shall be forwarded to the permit-issuing authority for its consideration with the permit application. (3) Appeals shall be pursuant to Chapter 20.20 (Appeals, Variances, and Interpretations). (4) Fees for design review shall be as set by resolution. Section 5. Arlington Municipal Code Section 20.46.030 shall be amended to read as follows: ORDINANCE NO. 2018-005 3 20.46,030 - Required findings for design review approval. In order to approve a project as consistent with the development design standards, the design review authority must make the following findings: (1) The proposal complies with the applicable design requirements and standards of this chapter. Specifically, findings shall be made for each applicable requirement and standard as to how the project complies. (2) If the proposal is for minor exterior modifications only, that the proposal demonstrates that the proposed improvements are more consistent with the design requirements and standards of this chapter. Section 6. Arlington Municipal Code Section 20.46,050 shall be amended to read as follows: 20.46.050 - Site design in the Old "Town Business Districts (1, 2, and 3). (a) In each of the Old Town Business Districts, and subject to Subsection (b), all structures shall be located adjacent to or as nearly adjacent as feasible to the sidewalk(s) falling within adjacent public right(s)-of-way. Where a structure is recessed from the public sidewalk, a private extension of the sidewalk shall be installed so as to widen the sidewalk up to the building front. (b) Wherever feasible, buildings built in the Old Town Business Districts per this section shall be adjoining or appearing so, so as to create a continuous fagade along a street. (c) Structures along the Centennial Trail should be designed to work with the trail, even to the extent of having an entrance to the building, but at minimum presenting a well-designed fagade on the trail side. (d) Any new construction or modifications to existing structures in the Old Town Business Districts 1, 2 and 3 shall comply with the Arlington Development Design Standards and also refer to and utilize the Olympic Avenue Design Guidelines, to the maximum extent possible, in their design and modification efforts. Section 7. Arlington Municipal Code Section 20.46.110 shall be amended to read as follows: 20.46.1 10 - Purpose and intent. Old Town is a unique district in Arlington, representing, as the name implies, the old part of town. It is laid out in a street-and-alley grid pattern, with garages and utilities predominately on the alleys. There is a predominance of older homes built in historic architectural styles, and most have front porches. Lots are small, though many of the older homes are built on parcels consisting of two or three lots, some of which are now nonconforming in terms of size or setbacks. Back at the turn of the 20th century this was common practice. However, with the increase in value of these lots, many property owners are selling them to builders who are building new homes that do not fit the unique historic character of Old Town. Many have caused problems with existing residents because of privacy, setback, and scale issues. 4 ORDINANCE NO. 2018-005 At the same time, infill development is one of the strategies adopted through the city's comprehensive plan to meet its growth targets, but not its only strategy, and certainly not at the expense of substantially changing the character of the Old Town Business and Residential Districts. Thus, the intent of this Part is to: (1) Preserve the historic development pattern found in Old Town. (2) Protect property owners' ability to sell their excess lots. (3) Protect existing property values by encouraging compatible development. (4) Implement a design code for Old Town that permits infill development in a manner that is acceptable to the community while retaining the elements that provide for the traditional residential and "Main Street" style of growth. (5) Recognizing the mix of architectural styles that have been built over the neighborhood's one hundred plus years, it is the city's intent to promote the specific architectural styles and development patterns that are historically prevalent and characteristic of the Old Town District. Section 8. Arlington Municipal Code Section 20.46.118 shall be amended to read as follows: 20.46.118 - Process. Design review for compliance with this part shall be performed by the Community and Economic Development (CED) Director or his or her designee through the permitting process. The Director shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Section 9. Arlington Municipal Code Section 20.46.122 shall be amended to read as follows: 20.46,122 - Deviations. The planning commission may grant deviations from the standards in this Part only: (1) If an alternative is provided that, in their opinion, meets the intent of this Part; or, (2) If the intent of the deviation is to preserve or protect a significant tree or trees. Applications for deviations shall be submitted to the CED director, who shall then forward them to the planning commission at their next available meeting. The applicant will be notified of the planning commission's decision within ten days of such decision. Section 10. Arlington Municipal Code Section 20,46.126 shall be amended to read as follows: 20.46.126 - Building setbacks. (a) Setbacks from Lot Boundary Lines. Setbacks of primary buildings from lot boundary lines shall be as specified in Section 20.48,040 (Building Setback Requirements); except that: 5 ORDINANCE NO. 2018-005 (1) All primary buildings shall maintain a minimum ten feet distance (measurements taken from foundations) from other buildings, including those on adjacent lots. (2) However, in no case shall a primary building have a setback less than the five-foot standard setback for the zone as specified in Section 20.48.040 (Building Setback Requirements). (b) Setbacks from Public Rights-of-Way. (1) Front yard setbacks of buildings from public right-of-ways shall be as specified in Section 20.48.040 (Building Setback Requirements), or equal to the average of the two immediately adjacent primary buildings, whichever is less. Where averaging is used, the new building may be averaged in a stepping pattern between the front yards of the adjacent residences, or the new building's entire frontage may be built on the average setback line. The front yard is defined as being that side of the building facing the street on which the building has its primary entrance. (2) On a corner lot the exterior side yard setback may be reduced to ten feet. The exterior side yard is defined as that side of the building adjacent to a public right-of-way but from which the building does not have its primary entrance. Section 11. Arlington Municipal Code Section 20.46.138 shall be amended to read as follows: 20.46.138 - Building materials. (a) The primary materials for the exterior of buildings shall be: siding, cement board or natural wood, stucco, board and batten style (battens over panel siding), real or cultured masonry materials, or wood shingles. Accent materials shall include real or cultured masonry materials, horizontal siding and wood shingles. (b) Exterior building materials shall not include the following: panel siding (except as specified in Subsection (c)), non-architecturally treated concrete block, or non- architecturally treated tilt-up concrete panels, corrugated metal siding, or standard single or double tee concrete systems. Metal siding may be used as an accent material, but not as a primary material. (c) When panel siding is used, battens with a twenty-four inch maximum spacing shall be used for a board and batt appearance. (d) Wood trim shall have a minimum dimension of one inch by three inches. (e) All sides of the building must be compliant with the design standards, not just those facing streets. (0 Corner Lots. Buildings on corner lots face special circumstances. All sides with street frontages shall be treated with the same quality of materials and similar architectural detailing as the front and shall be visually appealing like the front. Examples to create appealing street-facing facades include adding a feature that makes an architectural statement, such as bay windows, and areas of decorative brick, wrap around porches or other attractive features, etc. Section 12. Arlington Municipal Code Section 20.46,146 shall be amended to read as follows: ORDINANCE NO. 2018-005 6 20.46.146 - Roofs. (a) Roof design treatments shall meet the following development criteria: (1) Roofs may have dormers, gables, or similar variations in roof planes in order to break up the roof mass. (2) Individual roofs may include a variety of colors and materials, including tile, composition, shake and shingle. (3) Predominant roof materials shall be material such as, but not limited to: wood shake shingles, clay or concrete tiles, or composition wood and asphalt shingles. Flat or corrugated metal or flat built-up roofs are prohibited. Standing seam baked enamel steel roofing material are allowed. Section 13. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106 a copy of this Ordinance shall be transmitted to the Washington Department of Commerce as required by law. Section 14, 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 15. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this day of July, 2018. CITY OF ARLINGTON f Barbara Volbeit, Mayor Attest: K ristN,,panfield, City C erk ORDINANCE NO. 2018-005 7 Approved as to form: Steve �eirfflfleq'J City Attorney ORDINANCE NO. 2018-005 8 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 No. 2018-005 was approved at the July 2, 2018 City Council meeting. ORDINANCE NO. 2018-005 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON RELATING TO LAND USE AND ZONING AND MAKING AMENDMENTS TO CHAPTER 20.46 OF THE ARLINGTON MUNICIPAL CODE" A true and correct copy of the original ordinance is attached. Dated this 6th day of July, 2018. d Kristi anfield City Clerk for the City of Arlington