HomeMy WebLinkAboutOrdinance No. 2022-028 An Ordinance of the City of Arlington, Washington Amending Chapter 20.80 of the Arlington Municipal Code Regarding Zoning Forest Land Conversion Regulations ORDINANCE NO. 2022-028
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.80 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING FOREST LAND CONVERSION REGULATIONS
WHEREAS, the City staff has engaged in a comprehensive review and has proposed an
update containing numerous revisions to the Arlington Municipal Code (AMC); and
WHEREAS, the Arlington Planning Commission held numerous meetings concerning the
revisions, including discussions occurring at the following meetings of the commission:
• January 4, 2022
• March 1, 2022
• March 15, 2022
• April 5, 2022
• April 19, 2022
• May 3, 2022
• May 17, 2022
• June 7, 2022
• June 23, 2022
• July 25, 2022
• August 2, 2022
• September 6, 2022
• September 20, 2022; and
WHEREAS, the Arlington Planning Commission provided notice of and took public
testimony concerning the changes at public hearings which occurred on September 20, 2022;
and
WHEREAS, the Planning Commission made findings and provided its recommendations
to the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions initially with docketing meetings on
March 28, 2022 and April 4, 2022, and also at a joint meeting with the Planning Commission on
July 25, 2022, and then on October 10, 2022 and at a public hearing conducted on October 17,
2022; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
ORDINANCE NO. 2022-028 1
WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with
limited comments from state agencies, all of which were addressed by the City; and
WHEREAS, having considered the public testimony, the input from the Planning
Commission and state agencies,the Council deems the adoption of these amendments to be in
the best interests of the City and citizens;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. The following definitions within Arlington Municipal Code section
20.80.030 shall be and hereby are amended to read as follows:
Water typing system means the classification system adopted pursuant to §20.99:70093
Part VI Streams, Creeks, Rivers, Lakes and Other Surface Water—Glassif;,.., 60
Wetland typing system means the classification system adopted pursuant to
§20.88.80093 Part VII Wetlands—r-I.,rr;f"..,+;^^`
Section 2. Arlington Municipal Code section 20.80.120(f) shall be and hereby is
amended to read as follows:
(f) Critical areas study for all critical areas within two hundred feet of any proposed
site disturbance including area of timber harvest. In addition, where the lifting of a
development moratorium is sought,the applicant shall:
(1) Indicate on the plan per Chapter 20 99 20.93 (Envirepmenta,4 Critical
Areas Ordinance), critical areas on the subject property prior to the forest
practice and the extent to which the forest practice infringed upon or did not
infringe upon those areas and their buffers as defined by Chapter M 88 20.93;
and
(2) Complete and submit a functions and values analysis that includes a
mitigation plan to restore any impacted functions and values to the levels
existing prior to the forest practice activity within three years of development
activity approval;
Section 3. Arlington Municipal Code section 20.80.230(2) shall be and hereby is
amended to read as follows:
(2) The proposed activities are in compliance with all applicable requirements of
Arlington code, including but not limited to, the critical area protection requirements of
AMC ChapteF 20. Chapter 20.93 (€RViFen en# y Critical Area�--Ordinance) and the
drainage provisions of AMC Chapter 13.28 (Stormwater Management); and
ORDINANCE NO. 2022-028 2
Section 4. Arlington Municipal Code section 20.80.445(b)(2) shall be and hereby is
amended to read as follows:
(2) Mitigation and restoration for disturbance that occurs within critical areas or
their buffers shall pursuant to ChapteF 20.44 Chapter 20.93 (EAViFOnmenta y Critical
Areas Ordinance).
Section 5. 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 pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of October, 2022.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy Van er Meersche, City Clerk
APPROVED AS TO FORM:
Steven . Pei , City Attorney
ORDINANCE NO. 2022-028 3
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
No. 2022-028 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-028
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.80 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING FOREST LAND CONVERSION REGULATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Vag Der Meersche
City Clerk for the City of Arlington