HomeMy WebLinkAboutOrdinance No. 2022-029 An Ordinance of the City of Arlington, Washington Amending Chapter 20.90 of the Arlington Municipal Code Regarding Zoning Concurrency and Impact Fees ORDINANCE NO. 2022-029
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.90 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING CONCURRENCY AND IMPACT FEES
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. 2022-029 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 definition in Arlington Municipal Code section 20.90.020
shall be and hereby is amended to read as follows:
Transportation Facilities means and refers to streets and roads, but includes all publicly
owned streets, roads, alleys and Fight of ways rights-of-way within the City and street
services, traffic control devices, curbs, gutters, sidewalks and related facilities and
improvements.
Section 2. A new Arlington Municipal Code section 20.90.045 shall be and hereby is
added to read as follows:
20.90.045 Imposition of Impact Fees on Cascade Industrial Center Development Activity.
(a) All development projects within the Cascade Industrial Center shall be
assessed an additional transportation impact fee, at the rate of$5,841.39, based
on peak p.m.trips, as computed in accordance with the most current edition of
the Institute of Transportation Engineers Trip Generation Manual, as applied to
the City's transportation element of the adopted Comprehensive Plan. It is
hereby declared that such impact fees shall:
(1) Only be imposed to those developments within the Cascade
Industrial Center and subject to the Cascade Industrial Center Planned
Action EIS adopted per Ordinance 2020-002.
(2) Concurrency. All Planned Action projects shall meet the
transportation concurrency requirements and the level of service (LOS)
thresholds established in the Arlington Comprehensive Plan and §20.56.
(3) Traffic Impact and Mitigation. The responsible City official shall
require documentation by Planned Action Project applicants
demonstrating that the total trips identified in Subsection 4.1)(3)(a) of the
Planned Action are not exceeded.
(4) That the project meets the concurrency standards of Subsection
3.1)(3)(b) of the Planned Action.
(5) That the project has mitigated impacts consistent with Exhibit B of
the Planned Action.
ORDINANCE NO. 2022-029 2
(b) Planned Action applicants shall provide the following documentation at a
minimum unless otherwise required to address standards of§20.04.120 and
§20.56:
(1) Trip generation and total trips in relation to the trip bank in
subsection 3.1)(3)(a) and (d).
(2) Site-specific access design and consistency with city standards.
(3) Implementation of required frontage improvements per Exhibit 13-
3 and applicable city engineering standards.
(4) Share of cost on area wide mitigation per Exhibit B-3.
(c) Discretion. The City Engineer or his/her designee shall have discretion to
determine incremental and total trip generation, consistent with the Institute of
Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative
manual accepted by the City Engineer at his or her sole discretion, for each
project permit application proposed under this Planned Action.
(d) Elements of the Environment and Degree of Impacts. A proposed project
that would result in a significant change in the type or degree of adverse impacts
of any element(s) of the environment analyzed in the Planned Action EIS, would
not qualify as a Planned Action.
(e) Changed Conditions. Should environmental conditions change
significantly from those analyzed in the Planned Action EIS, the city's SEPA
responsible official may determine that the Planned Action designation is no
longer applicable until supplemental environmental review is conducted.
(f) Substantive Authority. Pursuant to SEPA substantive authority of
§20.98.200 and Comprehensive Plan policies, impacts shall be mitigated through
the measures included in Exhibit B of the Planned Action.
(g) For subdivisions, binding site plans, and all other development activities,
impact fees shall be assessed prior to the issuance of the building permit. Impact
fees shall be due and payable, in whole at said time without interest.
(h) Failure to pay the impact fees for a given development activity at the
time of assessment shall result in denial of the building permit for which the
owner has applied.
(i) If, as a condition of approval of development activity, the City requires
the dedication of land, or construction of system improvements, in excess of the
minimum development standards set out in this Title, the developer shall be
eligible for a credit towards the transportation mitigation fees otherwise payable
under this chapter. The amount of said credit shall be measured based on the
pre-development fair market value of said land or improvements required in
excess of the minimum standards and shall be deducted from the transportation
mitigation fees charged under this chapter.
(j) A trip-for-trip credit for existing trips may be given when a site is being
expanded or undergoing a change in use. However, no credits for existing trips
may be transferred from one site to another.
ORDINANCE NO. 2022-029 3
Section 3. Arlington Municipal Code section 20.90.060(c) shall be and hereby is
amended to read as follows:
(c) Owners seeking a refund of impact fees must submit a written request for a
refund of impact fees to the City Administrator or designee within one year of the date
the right to claim the refund arises, which, for purposes of refund claims authorized
pursuant to paragraph (b) of this section only, shall be the date of voluntary or
involuntary abandonment of the building permit, or the date that notice is given as
provided in paragraph (a) of this section, �•�",.,�,r-h ever whichever occurs later. Refunds of
impact fees shall include interest and any profits earned on the impact fees from the
date of their receipt to the date of refund, as a percentage of the interest/profits earned
by the fund on an annual basis. Any impact fees not expended within the time
limitations described in AMC 16.84.050(b) and for which no application for a refund has
been made within the one-year claim period, shall be retained by the City and expended
on public facilities of the type for which such impact fees were initially collected,
without further limitation as to the time of expenditure.
Section 4. The following definition in Arlington Municipal Code section 20.90.140
shall be and hereby is amended to read as follows:
Estimated Facility Construction Cost means the planned costs of new schools or the
actual construction costs of schools of the same grade span recently constructed by the
district, including erg-site on-site and off-site improvement costs. If the district does not
have this cost information available, construction costs of school facilities of the same or
similar grade span within another district are acceptable.
Section 5. Arlington Municipal Code section 20.90.230 shall be and hereby is
amended to read as follows:
Each development activity, as a condition of approval, shall be subject to the school
impact fee of$4,444 $4,002 for each single-family, $0 for each multi-family (1
bedroom), and $4,546 $2,328 for each multi-family (2+ bedrooms) dwelling unit for the
Arlington School District; and$1,906 LO for each single-family, $0 for each multi-family
(1 bedroom), and $2,121 LO for each multi-family (2+ bedrooms) dwelling unit for the
Lakewood School District. The proposed school impact fee shall be calculated in
accordance with the formula established in §20.90.240 (Impact Fee Calculation
Formula), then be multiplied by 0.5 to determine the maximum school impact fee that
the Council could adopt.
Section 6. Arlington Municipal Code section 20.90.250(b) shall be and hereby is
amended to read as follows:
(b) The City Council may, on a case by case basis, grant exemptions to the
application of the fee schedule for affordable and for low income housing activities in
ORDINANCE NO. 2022-029 4
accordance with RCW 82.02.060(2). To qualify for such exemption, the developer of
such housing shall submit a petition to the director for consideration by the Council
prior to application for building permit. The Council shall establish conditions for such
approvals at the time of approval that, at a minimum, meet the requirements of RCW
82.02.060(2) and which shall also include a requirement for a covenant to assure the
project's continued use for low income housing. The covenant entered into by and
between the developer and the district shall be an obligation that runs with the land!
and shall be recorded against the title of the real property upon which such housing is
located in the real property records of Snohomish County.
Section 7. Arlington Municipal Code section 20.90.400 shall be and hereby is
amended to read as follows:
(a)
Residential developments shall pay a Community Park+mpac-t Impact fee Fee of$1,662
for each single-family dwelling unit and $1,497 for each multi-family dwelling unit prior
to issuance of a building permit. SheFt subdivisions which de net set land -aside fA_F
development of a PleighboFheed PaFl( eF existing lots shall pay, pFieF te building peFM4
issuaRree, $44 for-eadh siRgle family and $436 for eaeh multi family dwelli;ig unit.
(b) Residential developments which do not set aside for a Neighborhood/Mini-Park per
§20.52.010 (Mini-Parks Required) or existing lots shall pay a Neighborhood/Mini Park In
Lieu Fee of$484 per single family dwelling unit and $436 per multi-family dwelling unit,
prior to issuance of a building permit.
Section 8. 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 9. 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.
ORDINANCE NO. 2022-029 5
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 VaA Der Meersche, City Clerk
APPROVED AS TO FORM:
Steven J. Pei , City Attorney
ORDINANCE NO. 2022-029 6
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. 2022-029 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-029
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.90 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING CONCURRENCY AND IMPACT FEES"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
)Att
Wendy Van er Meersche
City Clerk for the City of Arlington