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HomeMy WebLinkAboutOrdinance No. 2023-008 An Interim Ordinance of the City of Arlington, Washington, Adopting a Moratorium on the Issuance of Development Permits within the Island Crossing Subarea; Defining the Same; Providing ORDINANCE NO. 2023-008 AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADOPTING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE ISLAND CROSSING SUBAREA; DEFINING THE SAME; PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN EFFECTIVE DATE; PROVIDING THAT THE MORATORIUM, UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION; DECLARING AN EMERGENCY, AND REPEALING ORDINANCE 2023-006 WHEREAS, in conformity with the responsibilities of the City of Arlington to provide for public health, safety and welfare requirements and zoning and land use regulations pursuant to state law, and City's authority to regulate land use activity within its corporate limits, the City has adopted land use regulations; and WHEREAS, the City Council has become aware of heightened interest of development within the Island Crossing subarea; and WHEREAS, particularly with parcels taking access from Highway 530, public safety issues are raising additional concerns for future development; and WHEREAS, the City is concerned about the proliferation of development and its impact on traffic and safety, potential flooding, and additional issues associated with development in this area; and WHEREAS, a moratorium will provide the City with additional time to review and amend its public health, safety and welfare requirements and zoning and land use regulations in the Island Crossing subarea to preserve and protect land uses in the City and to assure orderly development within the area; and WHEREAS, Washington State law, including Sections 35A.63.220 and 36.70A.390 of the Revised Code of Washington, (RCW) authorizes Washington cities to adopt moratoria and provides for a process for a public hearing which must be held within sixty days of the dates of the adoption of the moratorium; and WHEREAS, the City previously adopted ordinance 2023-006 on April 17, 2023, which scheduled a public hearing required by RCW 36.70A.390 on June 5, 2023; and WHEREAS, due to a clerical error the City failed to publish notice of the public hearing in time to notify the public of the public hearing, and so the hearing did not occur; and WHEREAS, the City Council concludes that the City does have the authority to establish a moratorium and that the City must once again adopt a moratorium concerning the issuance of development regulations to act as a stop-gap measure: (a)to provide the City with an ORDINANCE NO. 2023-008 1 opportunity to study the issues concerning development within the subarea and prepare appropriate revisions to the City's codes and regulations; (b)to protect the health, safety, and welfare of the citizens of Arlington by avoiding and ameliorating negative impacts and unintended consequences of inadequately regulated growth and (c) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make for its rules and regulations as a result of the City's study of this matter; and WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the adoption of this ordinance; and WHEREAS, the City Council finds that the moratorium imposed by this Ordinance is necessary for the immediate preservation of the public peace, health or safety and for the immediate support of city government and its existing public institutions; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Findings. The recitals set forth above are hereby adopted as the Arlington City Council's findings in support of the moratorium imposed by this ordinance. Section 2. Moratorium Established. A moratorium is imposed on the issuance of any development regulations within the Island Crossing subarea, as more particularly defined in section 4. No new building permits, occupancy permits, business licenses, development permits or approval or any other city-issued license or permit shall be issued for any of the properties within the Island Crossing Subarea; provided, however,that this shall not prohibit the issuance of permits in the event of an emergency, to enable an existing property owner or business to maintain their buildings and appurtenances or stay in compliance with business licensing regulations, or to permit the correction of code violations. Section 3. Term of Moratorium. The moratorium imposed by this ordinance shall become effective on the date hereof and shall continue in effect for an initial period not to exceed six months, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 36.70A.390, provided that the moratorium shall automatically expire upon the effective date of the adoption by the City Council of additional public health, safety and welfare requirements and zoning and land use regulations to address regulation of the Island Crossing subarea in the City of Arlington. Section 4. Definitions. For purposes of this ordinance, the term "Island Crossing Subarea" shall include those parcels of real property within the City of Arlington and depicted on the map and list of properties attached hereto as Exhibits "A" & "B". Section 5. Referral to Staff and Planning Commission. The Arlington Community Development Director is hereby authorized and directed to develop land use regulations ORDINANCE NO. 2023-008 2 pertinent to the Island Crossing Subarea to achieve the purposes of this ordinance. The regulations shall be referred to the Arlington Planning Commission for review and recommendation for inclusion in the zoning and/or other ordinances of the City of Arlington. Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, a copy of this interim ordinance shall be transmitted to the Washington State Department of Commerce. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City's acceptance of development applications for the Smokey Point Subarea, said subarea could locate and develop in a manner incompatible with the codes eventually adopted by the City. Therefore,the moratorium must be imposed as an emergency measure to protect the public health, safety, and welfare. Section 9. Public Hearing. As required by RCW 36.70A.390, a public hearing shall be scheduled before the City Council at 7:00 p.m. on Monday,July 3, 2023, within sixty (60) days of the date of this ordinance, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. Section 10. Repealer. Arlington Ordinance No. 2023-006 shall be and hereby is repealed. Section 11. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 12. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage as long as it is approved by a majority plus one of the entire membership of the City Council, as required by RCW 35A.12.130; provided, however, that unless extended by act of the City Council, this ordinance shall automatically expire six (6) months following its adoption. ORDINANCE NO. 2023-008 3 APPROVED AT A SPECIAL MEETING OF THE CITY COUNCIL HELD ON JUNE 12, 2023. CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: Ae&&4 2"1 Wendy Van 6er Meersche, City Clerk APPROVED AS TO FORM: Stev4j,4i I , Ci Attorney ORDINANCE NO. 2023-008 4 City of Arlington to 21721 Island Crossing 21713 a Subarea Study \ , 21704 i Boundary I i Legend I Subarea Boundary \ E911 Address Layer 1707 I __ ] City Limits 1331 Trails 310I Assessor Parcels l 015 2119 t � 2127 _ I —7p1 1801 1 �44 t 2211 JI 233 2313 24� 207 �— WA-530 NE r — L — 3130J SR 530 �II1 SR 21125 8 Pioneer_W r E , 5302310 -� 2216 2324 2430 I 17,06 44ft 2202 21123 1105 1706 • I ---f '2214 I ' 1906 5 Island I ' 21006 , 20800 N I 20904 W-&- N E 20820 — - �9?b c � f• S Scale: F a. 711 1' 6131 1:9,028 1 ' date: 4-13-2023 -ile: _ 20410 PrintServiceMebMap11 x17_22 cartographer: 2831 3.131 web 48 ft 1 2���$1� � - Sources: ri,Airbus DS,USGS, NG�, ASA. CGIAR,N Robinson, NCEAS, NLS,OS, NMA,Geodatast relsen, Maps analclsdataamdzmbuledAs•fs.�Ine�tw,rranhpsafanyk:pe.ednere�ressortiad, y mdudinp but not limited to warranties of suitability tot a partrcui$purpose or use.Map data are ort 9e I Rijkswate taat,GSA, Gaoland, FEMA,Intermap a id the GIS user communit ,7S�rces: Esri, HERE,Gar61]1101,NAO, NOAA, Maturati from o at of nsk Us which may contain mni otters defe and users who rein upon the � I � mlormnbon do so al their own nsk.Users agree to mdomeity,tletend,o�ndd hnenless Inc City of P C IPk USGS, ©OpenStreetMap contributors,and the GIS loser Community Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or .fl correctness of the data,or the use of the data presented in the maps EXHIBIT B Parcels within Island Crossing Subarea (by Snohomish County Tax Parcel Number): 1. 31050800200200 2. 31050800200600 3. 31050800200700 4. 31050800200800 5. 31050800200900 6. 31050800201000 7. 31050800201100 8. 31050800201200 9. 31050800201600 10. 31050800300100 11. 31050800300200 12. 31050800300202 13. 31050800300500 14. 31050800300600 15. 31050800300900 16. 31050800301200 17. 31050800301300 18. 31050800301400 19. 31050800301500 20. 31050800301600 21. 31050800301700 22. 31050800301800 23. 31050800301900 24. 31050800302000 25. 31050800302100 26. 31050800302200 27. 31050800302300 28. 31050800302400 29. 31050800302600 30. 31050800302700 Ordinance No. 2023-008 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. 2023-008 was approved at the June 12, 2023 City Council meeting. ORDINANCE NO. 2023-008 "AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON,ADOPTING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE ISLAND CROSSING SUBAREA; DEFINING THE SAME; PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN EFFECTIVE DATE; PROVIDING THAT THE MORATORIUM, UNLESS EXTENDED,WILL SUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION; DECLARING AN EMERGENCY,AND REPEALING ORDINANCE 2023-006" A true and correct copy of the original ordinance is attached. Dated this 13th day of June, 2023 Wendy Van Der Meersche City Clerk for the City of Arlington