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Home My WebLink AboutOrdinance No. 2023-017 An Interim Ordinance of the City of Arlington, Washington, Extending a Moratorium on the Issuance of Development Permits within the Island Crossing Subarea ORDINANCE NO. 2023-017 AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, EXTENDING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE ISLAND CROSSING SUBAREA 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 2023-008 on June 12, 2023, which scheduled a public hearing required by RCW 36.70A.390 on July 3, 2023, after which the public hearing continued in effect; and WHEREAS, the City Council finds that the moratorium should be continued until the City staff and consultants can complete their work; and WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the adoption of this ordinance; NOW,THEREFORE,the City Council of the City of Arlington, Washington, do ordain as follows: ORDINANCE NO. 2023-017 1 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 Extended. A moratorium is extended for a period of six (6) months on the issuance of any development regulations within the Island Crossing subarea, as more particularly defined in section 4 of Ordinance 2023-008. 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 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. 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 5. 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 6. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 7. Effective Date. This ordinance shall take effect and be in full force and effect five days following its publication as provided by law; provided, however, that unless extended by act of the City Council, this ordinance shall automatically expire six (6) months following its adoption. ORDINANCE NO. 2023-017 2 APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON December 4, 2023. CITY OF ARLINGTON: - r / Barbara Tolbert, Mayor ATTEST: Wendy Van 6er Meersche, City Clerk APPROVED AS TO FORM: Stev J. e, Attorney ORDINANCE NO. 2023-017 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. 2023-017 was approved at the December 4, 2023 City Council meeting. ORDINANCE NO. 2023-017 "AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON, EXTENDING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE ISLAND CROSSING SUBAREA" A true and correct copy of the original ordinance is attached. Dated this 4th day of December, 2023 } . Wendy Van ger Meersche City Clerk for the City of Arlington City of Arlington \ Island Crossing \` "" Subarea Study * j 21704 Boundary \ i Legend (/ Subarea Boundary \\1 I E911 Address Layer 1707 \ Q City Limits \\ \ t11 3101 •Trails \\ Assessor Parcels \\� 2015 2119 I \ j 1 I(-2!1 24 207 WA-530 W l SR$30 SF � 110 _�r�-� �r �2T16 2110 T324' 1,431 , 1706 -_ a4 Jc 2202 J1 \�\TSA 1105 - i � 1906 Island; Crosslrtj_. I 21006_ 1 —� 20800 I � w Fy c \ S.I.. 1 c 671113 I 1:9,028 .\ 4-13-2023 20A10 -- Prin1Service\WebMap11 x17_22 \ ano9raPrer: \ 2811 3131 web 1. t.. - ---- � Sources n,Airbus DS,USGS,NGA ASA N CGIAR Robison NC n , EAS,NLS,OS,NMA,Geodataztyrelsen, Rifcsxate aat,GSA, and FEMA Intesmap a id the GIS user communnR739urces,Esri,HERE.Ga-,K'A 0,NOAP. _ '^ SGS,7+Ope,111e0sMap comribut,rs.and she G11 User Community .d,.w�,d.•a„..•W.a.•d�a: � �F� .�r»e••a•u.,.,d i 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. 2023-017 5