HomeMy WebLinkAboutOrdinance No. 2022-003 An Ordinance Annexing to the City of Arlington a Portion of The North ½ of the Northeast Quarter of Section 26, of Township 31 North, Range 5 East, W.M., and a Portion of the.. ORDINANCE NO. 2022-003
AN ORDINANCE ANNEXING TO THE CITY OF ARLINGTON A PORTION OF THE NORTH
1/2 OF THE NORTHEAST QUARTER OF SECTION 26, OF TOWNSHIP 31 NORTH, RANGE
5 EAST,W.M.,AND A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25,TOWNSHIP 31 NORTH RANGE 5 EAST,W.M.,
SNOHOMISH COUNTY,WASHINGTON, COMMONLY KNOWN AS
THE LINDSAY ANNEXATION
WHEREAS,Chapter 35A.14 RCW authorizes the City of Arlington ("City")to annex any
portion of unincorporated county territory lying contiguous to the City boundaries and
within the City's designated Urban Growth Area; and
WHEREAS, the Snohomish County Council and the City of Arlington approved an
Urban Growth Area with the Future Land Use Map; and
WHEREAS, on August 12, 2020, the City of Arlington received a 10 percent petition
and Notice of Intention to Annex the area commonly known as the"Lindsay Annexation"area
for and annexation meeting the requirements of RCW 35A.14.120, initiated by Joe Matthias
representing the landowners ("Petitioners"); and
WHEREAS, the Lindsay Annexation is approximately ninety-seven and eight tenths
(97.8) acres and has boundaries contiguous to the City,more specifically described in Exhibit
A; and
WHEREAS, the Petitioners own parcels in the proposed Lindsay Annexation area,
which combined contains a total assessed value of approximately$7,465,400, representing
eighty-nine (89) percent of the total assessed value of$8,424,000 in the Lindsay Annexation
area; and
WHEREAS, RCW 43.21C.222 provides that annexation of territory by a city is exempt
from the State Environmental Policy Act ("SEPA"); and
WHEREAS, the area proposed for the Lindsay Annexation is within the City's Urban
Growth Area established by Snohomish County under the State Growth Management Act
("GMA") and annexation of the Lindsay Annexation would be consistent with the GMA; and
WHEREAS, the notice of application concerning the proposed Lindsay Annexation
was published in the Everett Herald on June 21, 2021; and
WHEREAS, the annexation was presented to the City of Arlington Planning
Commission at their public meeting on January 21, 2021, February 2, 2021, and June 15,
2021; and
WHEREAS, having received the Lindsay Annexation written notification of intent to
commence annexation that satisfies the ten percent assessed value threshold, the City
Council reviewed the matter for consideration at its regular public meeting on February 16,
2021; and
ORDINANCE NO. 2022-003 1
WHEREAS, on June 7, 2021, the City Council held a public meeting and accepted the
10% Petition for Annexation and allowed the proponent to circulate the 60% Petition for
Annexation; and
WHEREAS, the annexation of the Lindsay Annexation area, with the adoption of the
City's proposed land use designation of Residential Ultra Low Capacity with Master Planned
Neighborhood Overlay is appropriate and achieves the goals of the GMA; and
WHEREAS, RCW 35A.14.120 establishes a process to annex unincorporated territory
with petitioners who own not less than 60%of the value,according to the assessed valuation
for general taxation of the property for which the annexation is petitioned; and
WHEREAS, the Arlington City Council held a public hearing concerning the proposed
Lindsay Annexation at its regularly scheduled City Council meeting on July 7, 2021; and
WHEREAS, after the public hearing at the July 7, 2021 meeting, the Arlington City
Council passed a resolution declaring the City's intent to annex the Lindsay Annexation area;
and
WHEREAS, a Notice of Intention was filed on August 18, 2021 with the Boundary
Review Board, the Board requested additional information to be added to the legal
description and map on October 8, 2021; and
WHEREAS, a revised legal description and map was filed on November 8, 2021 with
the Boundary Review Board and following approval of the legal description for the
properties involved, the proposal was deemed legally sufficient with an effective filing date
of December 6, 2021.
WHEREAS, the 45-day review period ended on January 20, 2022 at 5:00 pm with no
request for review having been filed. The City may now proceed with finalizing the
annexation
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Findings: The City Council hereby adopts the above recitals set forth above
in support of the annexation of the Lindsay Annexation. The Council further finds that the
public interests and general welfare of the City of Arlington would be served by the Lindsay
Annexation.
Section 2.Annexation: The City of Arlington hereby annexes the Lindsay Annexation
area,which is legally described in the attached Exhibit A and depicted as Lindsay Annexation
in the attached Exhibit B,which exhibits are incorporated by this reference.
Section 3. Zoning Designation: Zoning for the Lindsay Annexation shall continue to
have the zoning designation of Residential Ultra Low Capacity with Master Planned
Neighborhood Overlay.
ORDINANCE NO. 2022-003 2
Section 4.Assessment and Taxation:All property within the Lindsay Annexation area
shall be assessed and taxed at the same rate and on the same basis as the property of the City
of Arlington is assessed and taxed, to pay for the portion of outstanding City indebtedness
that has been approved by the voters, contracted for, incurred prior to, or existing as of the
effective date of this Ordinance.
Section S. Effective Date: For purposes of property taxation and the levy of property
taxes in calendar year 2022 under RCW 84.09.030, this Ordinance shall be effective, and the
boundaries of the City shall include the Lindsay Annexation area as of August 1, 2022. For all
other purposes, including but not limited to the purposes set forth in RCW 35A.14.150, this
Ordinance shall be effective, and the boundaries of the City shall include the Lindsay
Annexation area five (5) days after the date of publication.
Section 6. Filing of Annexation Ordinance: Upon adoption of this ordinance, City staff
is directed to file two copies of this Ordinance with the legal description and map to the
Snohomish County Council and the Washington State Boundary Review Board of Snohomish
County in accordance with RCW 35A.14.140, and to submit a certificate of annexation to the
Washington State Office of Financial Management ("OFM") as provide in RCW 35A.14.700;
and further authorize to transmit a copy of this Ordinance to the Washington State
Department of Revenue and any such other entities as is required or appropriate.
Section 7. 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.
PASSED BY the City Council and APPROVED by the Mayor this 22°d day of February 2022.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Wendy Van er Meersche, City Clerk
Approved as to form:
S ve i , City Attorney
ORDINANCE NO. 2022-003 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. 2022-003 was approved at the February 22, 2022 City Council meeting.
ORDINANCE NO. 2022-003
"AN ORDINANCE ANNEXING TO THE CITY OF ARLINGTON A PORTION OF THE NORTH Y2
OF THE NORTHEAST QUARTER OF SECTION 26, OF TOWNSHIP 31 NORTH, RANGE 5 EAST,
W.M.,AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 25,TOWNSHIP 31 NORTH RANGE 5 EAST,W.M., SNOHOMISH COUNTY,
WASHINGTON, COMMONLY KNOWN AS
THE LINDSAY ANNEXATION"
A true and correct copy of the original ordinance is attached.
Dated this 23rd day of February, 2022.
endy VA Der Meersche
City Clerk for the City of Arlington