HomeMy WebLinkAboutOrdinance No. 2022-011 An Ordinance of the City of Arlington, Washington Amending Chapter 20.12 of the Arlington Municipal Code Regarding Zoning Administrative Mechanisms ORDINANCE NO. 2022-011
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.12 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING ADMINISTRATIVE MECHANISMS
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. 2022-011 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 prefatory summary of the Parts of Chapter 20.12 shall be and hereby
is modified to read as follows:
Part I. General
Part II. City Staff
Part III. Hearing Examiner
Part IV. Planning Commission
Part V4. Design Review Board
Part VI. Park and Arts Commission
Part VII. City Council
Part VIII. Official Files
Part IX. Security Mechanisms
Section 2. Arlington Municipal Code section 20.12.020(2) shall be and hereby is
amended to read as follows:
(2) The Community and Economic Development Director;
Section 3. Arlington Municipal Code section 20.20.12.120 shall be and hereby is
amended to read as follows:
20.12.120 The Community and Economic Development Director.
The Community and Economic Development Director is the administrative head of the
Planning Division of the Department of Development SeFVi^ Department of
Community and Economic Development, who is responsible for planning,
administration, enforcement, and minor land use decision-making as specified in this
Title. As provided in §20.16.400-220 (Zoning Permits), §20.16.34G-225 (Special Use
Permits and Conditional Use Permits), and §20.16.460-425 (Final S#eAeF Major or
Minor Subdivision Aa-t Approval Process), the Community and Economic Development
Director is authorized to approve zoning permits, Special Use Permits (where provided),
and sheAminor preliminary and final plats, major final plats, and site civil construction
plans for private development or to delegate such authority to the planning staff.
ORDINANCE NO. 2022-011 2
Section 4. Arlington Municipal Code section 20.12.130 shall be and hereby is
amended to read as follows:
The Public Works Director is the administrative head of the EngiReeFiAg DiYiSi^^of'the
Department of Public Works. As provided in various sections the Public Works Director
is responsible for planning, administration, enforcement, and decision-making as it
pertains to public improvements as specified in this Title, including the approval of plans
for public improvements and approval of public improvements for acceptance by the
City, or to delegate such authority to the Public Works staff.
Section S. Arlington Municipal Code section 20.12.210(b) shall be and hereby is
amended to read as follows:
(b) The Hearing Examiner shall also have jurisdiction on any amendments
(§20.16.259370, Amendments to and Modifications of Permits)to or reconsideration of
(§20.16.268300, Reconsideration of Permit-Issuing Authority's Action) permits that he
or she has issued.
Section 6. Arlington Municipal Code section 20.12.220(b) shall be and hereby is
amended to read as follows:
(b) The Hearing Examiner shall conduct his or her meetings in accordance with the
quasi-judicial procedures set forth in Chapters 20.12 (Administrative Mechanisms),
20.16 (Permits and Final D1m Land Division Approval), 20.20 (Appeals, Variances, and
Interpretations), and 20.24 (Hearing and Pre-Hearing Procedures for Appeals and
Applicationsl.
Section 7. Arlington Municipal Code section 20.12.230 shall be and hereby is
amended to read as follows:
20.12.230 Powers and Duties of the Hearing Examiner.
4----The Hearing Examiner shall hear and decide:
(1) Applications for special use permits, as provided in §20.16.040-100
(Permits Required), when a hearing has been requested as provided in
§20.16.449-225 (Special Use Permits and Conditional Use Permits).
(2) Applications for conditional use permits, as provided in §20.16.049-100
(Permits Required).
(3) Applications for variances, as provided in §20.20.030 (Variances), when a
hearing has been requested as provided in §20.16.34G-225 (Special Use Permits
and Conditional Use Permits).
ORDINANCE NO. 2022-011 3
(4) Appeals from any order, decision, requirement, or interpretation made
by the Community and Economic Development Director, as provided in
§20.20.010 (Appeals of Community and Economic Development Director
Design Review Board, Planning 3mine Decisions).
(5) Any other matter the hearing examiner is required to act upon by any
other city ordinance.
Section 8. Arlington Municipal Code section 20.12.420(a) shall be and hereby is
amended to read as follows:
(a) The Design Review Board shall review applications for projects for conformity
with the Development Design 6 e"nesStandards, as described in this Title.
Section 9. Arlington Municipal Code section 20.12.700(a) shall be and hereby is
amended to read as follows:
(a) The Community and Economic Development Director shall compile an official file
on each application filed containing the following:
(1) The application materials submitted by the applicant.
(2) Any staff reports prepared.
(3) All written testimony received on the matter.
(4) The electronic recording and minutes of any public hearing on the
matter.
(5) The decision of the permit-granting authority on the permit.
(6) Any other information relevant to the matter.
(7) Certification of publication, and a copy of the mailed notification and the
date of mailing.
Section 10. 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 11. 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. 2022-011 4
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:
Azxj&/2 7,44�k-;�wAZ4
Wendy Van lier Meersche, City Clerk
APPROVED AS TO FORM:
w.,
Ste n ei Attorney
ORDINANCE NO. 2022-011 5
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. 2022-011 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-011
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.12 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING ADMINISTRATIVE MECHANISMS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
4—
Wendy Va Der Meersche
City Clerk for the City of Arlington