HomeMy WebLinkAboutOrdinance No. 2024-007 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. 2024-007
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 2023-017 on December 4, 2023, and
Ordinance 2023-008 on June 12, 2023, which scheduled public hearings required by RCW
36.70A.390 on December 4, 2023 and July 3, 2023, after which the moratorium 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. 2024-007 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 Island Crossing 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. 2024-007 2
APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON June 3, 2024.
CITY OF ARLINGTON:
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ATTEST:
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Wendy Van Ker Meersche, City Clerk
APPROVED AS TO FORM:
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Ordinance No. 2024-007 3
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EXHIBIT B
Parcels within Island Crossing Subarea (by Snohomish County Tax Parcel Number):
1. 31050800200200
2. 31050800200600
3. 310SO800200700
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. 2024-007 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.
2024-007 was approved at the June 3, 2024 City Council meeting.
ORDINANCE NO. 2024-007
"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 June, 2024
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Wendy Van Der Meersche
City Clerk for the City of Arlington