HomeMy WebLinkAboutOrdinance No. 2022-014 An Ordinance of the City of Arlington, Washington Amending Chapter 20.24 of the Arlington Municipal Code Regarding Zoning Hearing and Prehearing Processes ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.24 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING HEARING AND PREHEARING PROCESSES
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. 2022-014 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:
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Arlington Municipal Code section 20.24.010(a) shall be and hereby is
amended to read as follows:
Before making a decision on an appeal or an application for a variance or special use
(when a hearing is requested per §20.16.4,10-230 Notice of Application Filed) or
conditional use permit, or a petition from the planning staff to revoke any land use or
subdivision permit, a hearing shall be held on the matter by the appropriate hearing
body (see §20.16.449-22S Special Use Permits and Conditional Use Permits, §20.20,010,
Appeals of Community and Economic Development Director-or Design Review Board,
er Hearing E .,.rime-. Decisions, and §20.20.030, Variances).
Section 2. Arlington Municipal Code section 20.24.014 shall be and hereby is
amended to read as follows:
20.24.014 Combining Hearings with Those of Other Agencies.
The City may combine any hearing on a project permit application with any hearing that
may be held by another local, state, regional, federal, or other agency provided that the
hearing is held within the City limits. Hearings shall be combined if requested by an
applicant as long as the joint hearing can be held within the time periods specified in
§20.16.289 270 (Time Limits for Permit Processing) or the applicant agrees, in writing,to
extend said time periods.
Section 3. Arlington Municipal Code section 20.24.020 shall be and hereby is
amended to read as follows:
20.24.020 Public Notice.
The Community and Economic Development Director shall give public notice of any
hearing required by §20.24.010 Hearing Required on Appeals and Applications) or
§20.16.230 Notice of Application Filed)for special use permits, conditional use permits or
variances, or any other required public notice, as follows:
ORDINANCE NO. 2022-014 2
(1) Notice shall be given to the appellant or applicant and any other person who
makes a written request for such notice by mailing to such persons a written
notice not later than fifteen days before the hearing.
(2) Notice shall be given to neighboring property owners and residents by mailing a
written notice not later than fifteen days before the hearing. Neighboring
property owners are considered to be those persons who have listed for taxation
real property any portion of which is located within five hundred feet of the lot
that is the subject of the application or appeal or,where the owner of the subject
parcel owns other contiguous lots not under application, within five hundred feet
of all contiguously owned lots. Neighboring residents are considered to be those
people who reside within the same distance. Notice shall also be given by
prominently posting signs in the vicinity of the property that is the subject of the
proposed action. Such signs shall be posted not less than fifteen days prior to the
hearing.
(3) A copy will be posted on the official notification board(s) of the City.
(4) A copy will be posted on the City's website on the public notice page.
(5) A copy will be sent to appropriate city, tribal, state, federal, or county officials if
the proposed subdivision adjoins their jurisdiction.
u A copy will be sent to the State Department of Transportation if the proposed
subdivision is adjacent to the right-of-way of a state highway.
u Notice shall be given to other potentially interested persons by publishing a notice
one time in a newspaper having general circulation in the area not less than seven
nor more than thirty days prior to the hearing.
ll The applicant shall erect public notice signs, of a format approved by the
Community and Economic Development Director, at least ten calendar days
before the public hearing as follows:
a. A copy of the notice described in Subsection (8) shall be attached to each sign.
b. One sign shall be erected on the subject property facing and readable from
each accessible public right-of-way adjacent to the subject property.
c. The signs shall be removed within seven calendar days after the final public
hearing.
d. The applicant or his representative shall sign an Affidavit of Posting, indicating
that the required notices have been posted on the property in conformance
to this section.
ll The notice required by this section shall provide the following information:
a. The date, time, and place of the hearing;
b. Reasonable identification of the lot that is the subject of the application or
appeal (give the street address of the property, or if this is not available, a
locational description in non-legal language);
c. A brief description of the action requested or proposed, including the number
of lots proposed for a subdivision, and any proposed modifications or
variances;
d. The name of the applicant and the proposed project;
e. The official file number and a statement of its availability;
ORDINANCE NO. 2022-014 3
f. A statement of the right of any person to submit written testimony to the
appropriate permit-issuing authority and to appear at the public hearing to
give testimony orally;
g. A statement that only persons who submit written or oral testimony to the
permit-issuing authority may appeal the decision.
h. A statement announcing the City's goal of complying with the intent of the
American Disabilities Act, announcing accessibility, offer of assistance to
persons with special needs, and availability of TDD services.
Section 4. Arlington Municipal Code section 20.24.040(a) shall be and hereby is
amended to read as follows:
(a) In response to questions or comments by persons appearing at the hearing or to
suggestions or recommendations by the Community and Economic Development
Director or permit-issuing authority, the applicant may agree to modify his application,
including the plans and specifications submitted.
Section 5. Arlington Municipal Code section 20.24.060(a) shall be and hereby is
amended to read as follows:
(a) Any decision made by the hearing body regarding an appeal or variance or issuance
or revocation of a conditional use permit or special use permit shall be reduced to
writing and,within five days of the issuance of the decision,served upon the applicant
or appellant and all other persons who testified or made a written request for a copy,
per §20.16.275 (Notice of Final Decisions).
Section 6. 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 7. 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. 2022-014 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
6aof- i :L&i
Barbara Tolbert, Mayor
ATTEST:
Wendy Van D r Meersche, City Clerk
APPROVED AS TO FORM:
Stev n�. IejKty rney
ORDINANCE NO. 2022-014 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. 2022-014 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-014
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.24 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING HEARING AND PREHEARING PROCESSES"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Van Der Meersche
City Clerk for the City of Arlington