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HomeMy WebLinkAboutOrdinance No. 2022-009 An Ordinance of the City of Arlington, Washington Amending Chapter 20.04 of the Arlington Municipal Code Regarding Zoning General Provisions ORDINANCE NO. 2022-009 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.04 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING GENERAL PROVISIONS 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. 2022-009 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. Arlington Municipal Code section 20.04.120 shall be and hereby is amended to read as follows: 20.04.120 Adoption of Supporting Administrative Guidelines and Standards. a. City departments may administratively adopt guidelines, standards, reference materials, forms, or other documents that aid the public, applicant, staff, or decision-maker in interpreting and administering this document. b. The titles of those documents administratively adopted per Subsection (a) shall be herein listed to be considered adopted. This list may not be complete, since new guidelines or standards may be adopted or existing ones amended. Guidelines and standards administratively adopted or amended but not listed herein are equally valid as those listed; however, each department shall make all reasonable efforts to keep this list current. These documents are set out below and incorporated by reference as though fully set forth herein: 1. Information Required with Applications 2. Public Works' Construction Standards and Specifications 3. Guide of Landscaping City Tree List 4. City Shrub List 5. Guide for Noise Levels 6. Traffic Impact Analysis Guidelines (TIAG) 7. Development Design Standards 8. Olympic Avenue Design Guidelines 9. Old Town Residential Design Standards 10. Complete Streets Policy 11. Shoreline Master Program 12. Cascade Industrial Center Planned Action 13. Housing Action Plan Section 2. Arlington Municipal Code section 20.04.130 shall be and hereby is amended to read as follows: 20.04.130 Exemptions from Certain State Requirements. ORDINANCE NO. 2022-009 2 a. The following permits are exempt from the provisions of RCW 36.70A.440, 36.70A.065, and sections 407, 413, and 415-417 of ESHB 1724 unless otherwise required by this Title: 1. Landmark designations; 2. Vacations of rights-of-way or other easements; 3. Right-of-way permits; 4. Park use permits; 5. Side sewer permits; 6. Boundary line adjustments; 7. Public Infrastructure Construction plan approval by the Department of Public Works; 8. Private Development Construction plan approval by Department of Community and Economic Development; 9. Building permits; 10. Business licenses; 11. Hydrant use and bulk water permits; and, 12. Other permits, whether administrative or quasi-judicial, that the Community and Economic Development Director has determined present special circumstances that warrant a review process different from that provided in RCW 36.70A.440, 36.70A.065, and sections 407, 413, and 415-417 of ESHB 1724. b. The following permits are exempt from sections 407, 413, and 415-417 of ESHB 1724 unless otherwise required by this Title: 1. Administratively approved permits that are categorically exempt from environmental review under chapter 43.21C RCW; 2. Administratively approved permits for which environmental review has been completed in connection with other project permits. Section 3. 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 4. 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. 2022-009 3 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of October, 2022. CITY OF ARLINGTON ��"i��/ z Barbara Tolbert, Mayor ATTEST: Wendy Va Der Meersche, City Clerk APPROVED AS TO FORM: Stev n J e ff , City Attorney ORDINANCE NO. 2022-009 4 CERTIFICATION OF ORDINANCE 1, 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. 2022-009 was approved at the October 17, 2022 City Council meeting. ORDINANCE NO. 2022-009 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.04 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING GENERAL PROVISIONS" A true and correct copy of the original ordinance is attached. Dated this 18th day of October, 2022 Wendy Va Der Meersche City Clerk for the City of Arlington