Chapter 18.03
MIXED USE HOUSING DEMONSTRATION PROJECT
Sections:
18.03.010 Submittal of innovative mixed use housing demonstration project.
18.03.020 Neighborhood meeting required.
18.03.030 Review panel and authorization to proceed.
18.03.050 Modifications to the application of the provisions in this chapter.
18.03.060 Minor and major changes/revisions to a site plan or design elements.
18.03.080 Expiration of innovative mixed use housing demonstration program and chapter.
18.03.010 Submittal of innovative mixed use housing demonstration project.
A. Purpose. The purpose of this chapter is to help achieve the goals and objectives of the land use, economic development, and housing elements of the Langley comprehensive plan by providing for a program for individual projects that promote infill mixed use development, incorporate more efficient use of land and energy, offer more diverse housing options, include public benefits and that incorporate smart growth designs into new development.
B. Goals. The goals of the innovative mixed use housing demonstration program are to:
1. Promote housing through mixed use development;
2. Increase the choice of housing styles available in the community;
3. Promote for development of housing that responds to changing demographics and smaller-sized households;
4. Maintain the existing downtown area as Langley’s retail and civic center, and maintain its intimate, walkable, small-town atmosphere;
5. Encourage a prosperous downtown by proactively addressing the downtown’s planning and infrastructure issues;
6. Incorporate residential use in the downtown and along the waterfront in ways that complement, enhance, and do not detract from the primary commercial, civic, and public uses of these areas, that preserve the scale and character of Langley, and that preserve public views and access in these areas;
7. Support the efficient use of land and higher density infill in developed commercial areas;
8. Promote housing choices by encouraging smaller and more diverse home sizes and mixes of resident’s income levels;
9. Encourage interaction in the community by integrating public and semi-public gathering places into mixed use projects and encouraging use of parks and community facilities as focal points in the neighborhood;
10. Promote the incorporation of conservation features in the construction of new buildings designed to meet local energy codes, but should also be expected to meet aggressive energy use targets that are “designed to earn the Energy Star”; and
11. Allow flexibility in site and design standards, including the requirements of an overlay zone, while promoting infill projects.
C. Timing. Upon the effective date of the ordinance codified in this chapter, the city shall immediately begin accepting applications for innovative mixed use housing demonstration project proposals within the central business zoning district. “Mixed use” means a development involving a combination of uses including residential and commercial. Typically, a mixed use project may have commercial uses at street level with residential uses not at street level. Flexibility in the application of this definition may be considered on a project by project basis based upon the benefits derived.
D. Number of Developments. Except as described below, the city may approve up to three innovative housing demonstration projects; provided, that no more than one project demonstrating the same mixed use housing type may receive final approval within any calendar year, unless additional projects are allowed by the city council as follows:
1. The city council may authorize the submittal of additional innovative mixed use housing demonstration project proposals beyond the three projects provided such proposed projects demonstrate exceptional design quality and exceptional consistency with the requirements and parameters of this chapter.
2. Proposals not authorized for submittal by the city council may be resubmitted for consideration at the beginning of the next calendar year.
3. For purposes of this chapter, the first calendar year shall begin on the effective date of the ordinance codified in this chapter, and then on January 1st thereafter.
E. Materials. Applications for an innovative mixed use housing demonstration project shall be made on forms provided by the city and shall include the following materials:
1. A site plan of the proposed development, indicating property lines, proposed setbacks, and lot coverage calculations. The site plan shall also include the location of all adjacent structures and distance to property lines, and the footprint of any existing structures on the property.
2. Conceptual drawings of the proposed innovative mixed use housing type, including building footprints and building elevations, floor plans, roof plans, and the design of public and semi-public space.
3. A description of how the proposed development is appropriate for the setting.
4. A description of how the proposed development complies with all the criteria and project parameters for an innovative mixed use housing demonstration project as described in this chapter.
5. A description of the proposed unit type, commercial uses, including proposed square footage, unit mix, number of bedrooms per unit and parking.
6. General information about the site including the number of dwelling units allowed by the zone and the number of proposed dwelling units, open space allowed and proposed, impervious surface allowed and proposed, and building height allowed and proposed.
7. Photographs of the subject and adjacent properties keyed to the site plan.
8. Additional information as required by the application forms provided by the city or deemed necessary by the review panel to consider the application.
9. A conceptual site plan, including building footprint(s), demonstrating the type of development that would likely occur if the site were developed under the city’s zoning and design standards for the site.
10. The application must identify the design team that prepared the project application. The design team shall include an appropriate mix of design professionals (i.e., an architect, building designer, landscape architect, landscape designer, urban planner/designer or other qualified design professionals).
Applications submitted under this section shall be available for public review for a minimum of two weeks prior to the neighborhood meeting described in Section 18.03.020. (Ord. 969 § 1 (Att. A), 2012)
18.03.020 Neighborhood meeting required.
A. Any applicant shall schedule and host a neighborhood meeting regarding the proposed project following the guidelines established by the planning department and including attendance by city staff. The neighborhood meeting shall be held within two to eight weeks following the application submittal.
B. Notice of the neighborhood meeting shall be mailed to all property owners and residents within 500 feet of the proposed project. The notice shall provide details of the proposed project, including a description of any modification or flexibility in site design standards that has been requested. The city shall also make reasonable efforts to notify parties who have expressed an interest in the innovative housing program and shall work with the media to inform the community about any proposed project.
C. Following the neighborhood meeting, the applicant shall consider public input received during the neighborhood meeting and consider recommendations, if any, for revising the proposed project to respond to neighborhood concerns. Any revisions to the proposal shall be provided to the city within 90 days of the neighborhood meeting. (Ord. 969 § 1 (Att. A), 2012)
18.03.030 Review panel and authorization to proceed.
A. Within six weeks of submittal of any revisions to the proposal that are made as a result of the neighborhood meeting or within 30 days of the neighborhood meeting if no recommendations for revision are made, a review panel as described below shall decide which proposals will be authorized to submit development review applications pursuant to Section 18.03.040. The review panel shall consider recommendations of staff to determine which applications submitted under this chapter shall be authorized to proceed to the next level of review. The review panel shall consider applications based on the responses to the criteria for consideration contained in this section. The review panel shall consist of the following representatives to be appointed by the mayor:
1. Two members of the Langley planning advisory board.
2. Two members of the Langley design review board.
3. One member of the Langley chamber of commerce.
4. One member of the Langley main street program.
5. One member who works in a development related profession (e.g., architect, engineer, land use consultant).
6. One member who is a city resident that has expressed an interest in innovative mixed use housing options.
7. One member of Saratoga Housing Authority or similar affordable housing advocacy group.
8. In addition to the nine-member review panel identified in subsections (A)(1) through (7) of this section, a youth advocate (18 years old or less) member is encouraged to participate on the review panel as a nonvoting member with parental approval. The minimum age to participate shall be 13 years old.
B. Duties and authority are as follows:
1. The panel is required to meet with the planning official and city staff at a meeting to discuss proposed mixed use innovative housing development site plans and recommend modifications.
2. The panel shall make a recommendation based on whether the proposed project meets the specific design requirements provided in this chapter for the specific type of innovative mixed use housing option and may propose allowable modifications. The review panel may consider the number of vehicle trips that will be generated by a proposed innovative housing demonstration project in determining its appropriateness for the location. All proposed innovative mixed use housing demonstration projects shall meet the criteria of the city’s critical areas ordinance codified as Chapter 16.20. Ownership housing is preferred, but projects that include a component of rental housing, such as accessory dwelling units, as part of the single-family development are also encouraged. Applicants are strongly encouraged to include housing units that provide for a broad mix of income levels.
C. In addition to the requirements contained in this chapter, the review panel shall use the following criteria in determining which applications will be authorized to proceed to the next level of review:
1. Consistency with the intent of the innovative mixed use housing goals of providing a variety of mixed use housing choices (specifically demonstrating, but not limited to, those housing styles identified in this chapter).
2. Promotion of infill development.
3. Compatibility with surrounding development.
4. Improvement of housing affordability options.
D. Following authorization from the review panel to proceed, the applicant shall submit to the city an application for a binding site plan review to be considered under the city of Langley binding site plan review process, subdivision, and any other permit process as required by existing provisions of the Langley Municipal Code.
E. Decisions of the review panel in selecting proposals that are authorized to proceed as innovative housing demonstration projects may be appealed to the city council following the procedures in Section 18.36.120. (Ord. 969 § 1 (Att. A), 2012)
18.03.040 Permit process.
Within six months following authorization from the review panel to proceed, the applicant shall submit the appropriate development review applications as described below. The applicant may make a written request to the planning official for an extension of up to six additional months. The planning official shall grant the extension if satisfied that applicant has made reasonable progress in preparing the submittal.
A. Except for innovative mixed use housing demonstration projects that involve a subdivision as defined by the Langley Municipal Code, the city shall use a binding site plan review process to review and decide on innovative mixed use housing demonstration projects with the additional requirements as described in subsection (C) of this section.
B. For innovative mixed use housing demonstration projects that involve a subdivision, the city shall use a subdivision review process to review and decide on innovative mixed use housing demonstration projects with the additional requirements as described in subsection (C) of this section.
C. In addition to complying with the approval criteria stated for a subdivision or binding site plan review process, the applicant must demonstrate that:
1. Except as otherwise provided in this chapter, the proposal is compatible with surrounding development with respect to building heights, roof forms, property lines, parking location and screening, access, and lot coverage.
2. The proposal provides elements that contribute to a sense of community within the development by including elements such as but not limited to front entry porches, common open space, and common buildings or common spaces within buildings.
D. The applicant may propose modifications to the development standards requirements of the Langley Municipal Code upon demonstration that such modifications are important to the success of the proposal as an innovative mixed use housing project and are necessary to meet the intent of this chapter. The city shall prioritize review of any Langley Municipal Code modifications that are deemed appropriate to allow for prompt consideration by the planning advisory board and city council.
E. Unless otherwise specified in Section 18.03.050, all other regulations and requirements of the Langley Municipal Code shall continue to apply, except that applicants may propose additional modifications to the Langley Municipal Code as provided for in this section.
F. Planning application fees for the review of the proposed project shall be based on the number of single-family units that would be allowed by the underlying zone, regardless of the number of units being built under this chapter.
G. Stormwater fees and utility hook-up fees shall be determined based on the actual anticipated usage or on a per unit basis, whichever is less.
H. The city’s approval of an innovative mixed use housing project does not constitute approval of a subdivision, a short plat, or a binding site plan, nor does it exempt the project from proceeding under the review requirements for the type of applicable development review process, or from obtaining all necessary permits required under the applicable building code. (Ord. 969 § 1 (Att. A), 2012)
18.03.050 Modifications to the application of the provisions in this chapter.
A. An applicant may request modifications of the application of the provisions of this chapter or other provisions of the Langley Municipal Code related specifically to this chapter, to the extent that such modifications are consistent with the purpose, intent and requirements of this chapter. Modification of the application of the city’s shoreline master program and implementing use regulations may only be authorized as a shoreline variance.
B. The applicant must describe each requested modification in writing, state why the modification is being requested, and describe how the modifications are consistent with the purpose, intent and requirements of this chapter.
C. The hearing examiner shall review the requested modification, reasons provided for the modification, and determine whether the basis for the requested modification is reasonably necessary and whether the modification is consistent with the purpose and requirements of this chapter and does not threaten the public health, safety, or welfare. The planning official or hearing examiner shall give due consideration to the review panel’s recommendations concerning the project proposal. The planning official’s or hearing examiner’s determinations shall be reflected in a written decision with appropriate findings and conclusions. (Ord. 969 § 1 (Att. A), 2012)
18.03.060 Minor and major changes/revisions to a site plan or design elements.
A. An applicant may request a minor change(s)/revision(s) to a site plan or design elements already approved under this chapter. Such request shall be in writing and shall describe the requested minor change(s)/revision(s), the reasons for requested minor change(s)/revision(s), and describe how the modifications are consistent with the purpose, intent and requirements of this chapter. The planning official shall review the requested minor change(s)/revision(s), reasons provided for the minor change(s)/revision(s), and determine whether the basis for the requested change(s)/revision(s) is reasonably necessary and is consistent with the purpose and requirements of this chapter and does not threaten the public health, safety, or welfare. The planning official shall give due consideration to the review panel’s recommendations concerning the project proposal. The planning official shall then issue a written decision approving, approving with modifications, or denying the requested change(s)/revision(s), and shall make appropriate findings and conclusions.
B. An applicant may request a major change(s)/revision(s) to a site plan or design elements already approved under this chapter. Such request shall be in writing and shall describe the requested minor change/revision, the reasons for requested minor change(s)/revision(s), and describe how the change(s)/revision(s) is consistent with the purpose, intent and requirements of this chapter. Any major change(s)/revision(s) to a site plan or design element shall be approved by the original decision body and shall be subject to the design review process provided in this chapter. Changes that increase the intensity of development (e.g., trips generated or number of residential units), alter the character of the development or balance of mixed uses, increase the floor area in one building by more than 10 percent, change access points, move buildings around on the site, reduce the acreage of common open area or buffering areas, or diminish the effectiveness of perimeter buffers are major and shall be subject to the requirements of this chapter. (Ord. 1004 § 4 (Exh. E), 2014; Ord. 969 § 1 (Att. A), 2012)
18.03.070 Program evaluation.
A. The planning department will document project process, innovations, and modifications from the Langley Municipal Code and evaluate to what degree they achieve the purpose of this chapter.
B. The innovative mixed use housing review panel will review the process of design approval and document real and perceived successes and problems.
C. The developer or management organization shall submit a periodic report to the city council documenting, describing, and evaluating the results of each project and, if appropriate, making recommendations regarding substantive changes to the Langley Municipal Code based upon the program experience. (Ord. 969 § 1 (Att. A), 2012)
18.03.080 Expiration of innovative mixed use housing demonstration program and chapter.
The innovative mixed use housing demonstration program and this chapter shall expire five years following the effective date of the ordinance codified in this chapter, or when three projects developed under this chapter are completed, whichever occurs first, or unless the city council specifically authorizes additional projects as provided for in this chapter. (Ord. 969 § 1 (Att. A), 2012)