HomeMy WebLinkAboutOrdinance No. 2025-008 Amending AMC 20.96ORDINANCE NO. 2025-008
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
CHAPTER 20.96 OF THE ARLINGTON MUNICIPAL CODE REGARDING AMENDMENTS
UNDER CITY PLANNING NO. PLN 1299
WHEREAS, the City has proposed an update to the Amendments regulations in the City
zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions on May 6, 2025
and at a public hearing conducted on May 20, 2025; 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 same at a workshop held on June 9, 2025, a
meeting on June 16, 2025, and considered them along with the Planning Commission
recommendations and determined approving the proposed changes was in the best interest of
the City; and
WHEREAS, the proposed changes were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the
citizens.
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code (AMC) Chapter 20.96 shall be amended to read
as set forth in Exhibit "A" attached hereto.
Section 2. Severabi If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. The Ordinance shall take effect and be in full force five
(5) days after the date of publication.
ORDINANCE NO. 2025-008 1
CITY OF ARLINGTON
D4d Vanney, MaygL-.,—,
Attest:
Wendy Van ber Meersche, City Clerk
Approved as to form:
Oskar Re
City Attorney
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20.96.010 Amendments in General.
F-0.96.015 Minor Corrections Exempt
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20.96.022 Docketing Procedures - Comprehensive Plan Amendments.
20.96.024 Selection and Decision Criteria - Comprehensive Plan Amendments.
20.96.026 Selection and Decision Criteria - Text and Zoning Map Amendments.
20.96.030 Docketing Procedures - Comprehensive Plan and Zoning Map Amendments.
20.96.040 Public Hearings on Comprehensive Plan or Zoning Map Amendments.
20.96.050 Planning Commission Consideration of Proposed Comprehensive Plan and Zoning
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20.96.070 Council Action on Comprehensive Plan and Zoning Map Amendments.
20.96.080 Ultimate Issue Before Council on Amendments.
20.96. 100 Docketing Procedures - Amendments to Development Regulations
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F-0.96.1 10 Notice to Department of Commerce
P-0.96.120 Public Hearings on Development Regulation Amendments
PEO.96.130 Planning Commission Review of Development Regulation Amendments.
0-'0.96.140 City Council Decision Criteria - Development Regulation Amendments.
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(a) Amendments to the text of this title or to the zoning map may be made in accordance with
the provisions of this chapter.
(b) Amendments to the text of the comprehensive plan or to the proposed land use map may
be made in accordance with provisions of this chapter.
(c) With the exception to those instances listed in AMC 20.96.015, the comprehensive plan
may not be amended more than once a year (RCW 36.70A.130) and therefore requests for
City of Arlington 20.96- 1 Revised June
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amendments will be deferred to the time of an annual public hearing.
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(1:-.) Exceptions to Annual Cycle. Amendments to the comprehensive plan may be
considered more frequently than once per year in any of the following circumstances:
(1) Resolution of an emergency condition or situation. Council shall confirm the
Director's finding that such an emergency exists.
(2) Resolution of a decision by an administrative agency or court of competent
jurisdiction.
(3) For any reasons specified in RCW 3 6.70A. 13 0(2), as hereinafter amended.
20.96.015 Mhior Corrections ExetUt
An amendment that does not result in any substantive change to the content or meaning of a
development regulation, such as a correction to punctuation or numbering or a typographical or
technical error, shall be exempt from the notice and hearing requirements of this chapter. In such
cases, the director may make a recommendation directly to the city council.
20.96.020 Initiation of Amendments.
(a) Whenever a request to amend the comprehensive plan or zoning map is initiated by the city
council, the planning commission, or the city administration, the city attorney in consultation
with the planning staff shall draft an appropriate ordinance and schedule a public hearing
before the planning commission, unless the code amendment is of an emergency nature, in
which case a public hearing can be scheduled before the city council without planning
commission consideration.
(b) Any other person may also petition the council to amend the comprehensive plan or zoning
map by submitting an application for a Code Amendment, signed by both the applicant and
the property owner. The application shall be filed with the community development
department and shall include, among the information deemed relevant by the community
development director or his or her designee:
(1) The name, address, and telephone number of the applicant,
(2) A description of the land affected by the amendment if a change in zoning district
classification is proposed,
(3) Public Notice Materials as required by '20.214.020 (flublic Notice),
(4) A description of the proposed map change or a summary of the specific objective of any
proposed change in the text of this title, and,
(5) If necessary, an environmental checklist and any other documentation needed to comply
with SEPA (including but not limited to special studies).
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Title 20—Land Use Code ORDINANCE NO. 2025-008 Chapter 20.96: Amendments
(c) Upon receipt of a petition as provided in subsection (b), the community development direct
shall either:
(1) Treat the proposed amendment as one initiated by the city administration and proceed
accordance with subsection (a) if he/she believes that the proposed amendment h
significant merit and would benefit the general public, or
(2) Forward the petition to the appropriate hearing body for a public hearing.
(d) Comprehensive plan and zoning map amendments shall comply with the procedur
as required by §20.96.030 through §20.96.080. 1
REMEMBER! 9.1 MM 441-1
20.96.024 Selection and Decision Criteria - Con-ipL4Jiensive Plan Amendments.
Considering that the Comprehensive Plan was developed after significant study and public
participation, the principles, goals, objectives, and policies contained therein shall be granted
substantial weight when considering any proposed amendment. Therefore, the burden of proof
for justifying a proposed amendment rests with the applicant. The City Council's
approval, modification, deferral, or denial of an amendment proposal shall be based on the
following criteria:
(a) Proposed amendments that meet one of the following criteria may be included in the final
docket:
(1) If the proposed amendment is site specific, the subject property is suitable for
development in general conformance with adjacent land use and the surrounding
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Title 20—Land Use Code ORDINANCE NO. 2025-008 Chapter 20.96: Amendments
development pattern, and with zoning standards under the potential zoning
classifications.'
(2) State law requires or a decision of a court or administrative agency has directed
such a change.
(3) There exists an obvious technical error in the pertinent Comprehensive Plan
provision.
(b) Proposed amendments that do not meet one of the criteria in subsection (1) of this
section shall meet all of the following criteria:
(1) The amendment represents a matter appropriately addressed through the
Comprehensive Plan, and the proposed amendment demonstrates a public benefit and
enhances the public health, safety and welfare of the City.
(2) The amendment does not raise policy or land use issues that are more appropriately
addressed by an ongoing work program approved by the City Council.
(3) The proposed amendment addresses significantly changed conditions since the last time
the pertinent Comprehensive Plan map or text was amended. -Significantly changed
conditionsIl are those resulting from unanticipated consequences of an adopted policy, or
changed conditions on the subject property or its surrounding area, or changes related to
the pertinent Comprehensive Plan map or text, where such change has implications of a
magnitude that need to be addressed for the Comprehensive Plan to function as an
integrated whole.
(4) The proposed amendment is consistent with the Comprehensive Plan and other goals
and policies of the City, the Countywide Planning Policies, the Growth Management
Act, other State or Federal law, and the Washington Administrative Code and other
applicable law.
20.96.026 Selection and Decision Criteria - Text and Zoning M ) Amendments.
(a) The City Council's approval, modification, deferral, or denial of an amendment
proposal shall be based on the following criteria:
(1) The proposed amendment is consistent with the goals, objectives, and policies of the
Comprehensive Plan;
(2) The proposed amendment is consistent with the scope and purpose of the City's zoning
ordinances and the description and purpose of the zone classification applied for;
(3) Circumstances have changed substantially since the establishment of the current zoning
map or district to warrant the proposed amendment;
(4) The proposed zoning is consistent and compatible with the uses and zoning of
surrounding property;
(5) The property that is the subject of the amendment is suited for the uses allowed in the
proposed zoning classification;
(6) Adequate public services could be made available to serve the full range of proposed uses
iic 6 at zo-ce.
20.96.030 Public Hearings on Amendments.
(a) The city shall compile and maintain a list, known as a docket, of all city -initiated proposed
comprehensive plan amendments. The list shall be organized as to amendment type and
include a description of the amendment in nontechnical terms, as well as the name of the
applicant and date of submission to the city. The preliminary docket shall be made available
to the public for review and comment for at least fifteen days prior to consideration by the
planning commission. Written comments that are submitted by the end of the comment
period shall be added to the preliminary docket. The final docket will be determined as
described in this section.
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(b) Preliminary Review — Determination of Final Docket.
(1) Staff Evaluation. The community development director shall conduct a brief initial
evaluation of all privately -initiated proposed comprehensive plan amendments to
ascertain whether the proposals meet the preliminary review criteria in this section and
to assess the extent of review that would be required under the State Envirom-nental
Policy Act (SEPA). The director shall make a recommendation to the planning
commission as to which proposed amendments should be included in the final docket,
along with any city -initiated proposed amendments.
(2) Joint Workshop. During each annual amendment cycle, the city council and planning
commission may, at the city council's discretion, hold a noticed joint workshop to serve
as an informational meeting between the two governmental bodies.
(3) Planning Commission Hearing. The planning commission shall hold a noticed hearing
on selection of proposed amendments for the final docket.
(4) City Council Decision. The city council shall consider the planning commission's
recommended final docket. Council may adopt the proposed final docket without a
public hearing; however, in the event that a majority of the council decides to add or
subtract amendments, it shall first hold a public hearing. No additional comprehensive
plan amendments may be considered after council adoption of the docket for that year,
except as provided in Subsection.' 0.96.01 0(d). The final docket shall be approved by
resolution.
(5) Proposed amendments submitted under Subsection 20.96.0210(b) that meet one of the
following criteria may be included in the final docket:
(A)lf the proposed amendment is site specific, the subject property is suitable for
development in general conformance with adjacent land use, the surrounding
development pattern, and with zoning standards under the potential zoning
classifications.
(B) State law requires or a decision of a court or administrative agency has directed
such a change.
(C) There exists an obvious technical error in the pertinent comprehensive plan
provision.
20.95.040 Public Hearings on Cornprehensive-Plan or Zoning Mar) Aniendi-nents
(a) Except as provided by subsection (b), an open record public hearing shall be held before the
planning commission for all amendments to the comprehensive plan. In addition, a hearing
before the city council may also be held if the council so chooses.
(b) Emergency ordinances may go to the city council directly pursuant to and in compliance with
the RCW governing emergency ordinances.
(c) The city shall give public notice of all public hearings as required per Section
10.24.020 (Public notice).
(d) Staff shall transmit to the department of commerce copies of all proposed amendments to the
city's comprehensive plan and zoning map at least sixty days in advance of prior adoption, as
required by RCW 3 6.70A. 106.
20.96.050 Planalng Commission Consideration of Proposed Comprehensive Plan and Zoning
Mgp Arne dments.
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The planning commission shall issue for each docket item a recommendation for approvJE
approval subject to recommended modifications or conditions of approval, continuance, or
decision for denial, which decision shall be forwarded to the city council for review
decision. I
(a) Considering that the comprehensive plan and zoning maps were developed after significant
study and public participation, the principles, goals, objectives, and policies contained
therein shall be granted substantial weight when considering any proposed amendment.
Therefore, the burden of proof for justifying a proposed amendment to the comprehensive
plan or zoning map of the city rests with the applicant. The city council's approval,
modification, deferral, or denial of an amendment proposal shall be based on the following
criteria:
(1) The amendment represents a matter appropriately addressed through the comprehensive
plan, and the proposed amendment demonstrates a public benefit and enhances the
public health, safety and welfare of the city.
(2) The amendment does not raise policy or land use issues that are more appropriately
addressed by an ongoing work program approved by the city council.
(3) The proposed amendment addresses significantly changed conditions since the last time
the pertinent comprehensive plan map or text was amended. "Significantly changed
conditions" are those resulting from unanticipated consequences of an adopted
hanged conditions on the subject property or its surrounding area, or
changes related to the pertinent comprehensive plan map or text, where such change has
implications of a magnitude that need to be addressed for the comprehensive plan to
function as an integrated whole.
(4) The proposed amendment is consistent with the comprehensive plan and other goals and
policies of the city, the countywide planning policies, the Growth Management Act,
other state or federal law, and the Washington Administrative Code and other
applicable law.
20.96.070 Council Action on Comprehensive Plan and Zoning Map Amendments.
(a) At the conclusion of its consideration on a proposed amendment, the council may proceed to
vote on the proposed ordinance, remand back to the planning commission for further study ,
or take any other action consistent with its usual rules of procedure.
(b) The council is not required to take final action on a proposed amendment within any specific
period of time, but it should proceed as expeditiously as practicable on petitions for
amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
20.96.080 Ultimate Issue Before Council on Amendments.
In deciding whether to adopt a proposed amendment to the comprehensive plan or zoning map,
the central issue before the council is whether the proposed amendment advances the public
health, safety, or welfare. All other issues are irrelevant, and all information related to other
issues at the public hearing may be declared irrelevant by the presiding official and excluded. In
particular, when considering proposed map or zoning amendments:
k) The council shall not consider any representations made by the petitioner that if the change
is granted the rezoned property will be used for only one of the possible range of uses
permitted in the requested classification. Rather, the council shall consider whether the entire
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Title 20—Land Use Code ORDINANCE NO. 2025-008 Chapter 20.96: Amendments
range of permitted uses in the requested classification is more appropriate than the range of
uses in the existing classification.
The council shall not regard as controlling any advantages or disadvantages to the individual
requesting the change, but shall consider the impact of the proposed change on the public at
large.
( -A, council shall consider comprehensive plan amendments and zoning map amendments as
recommended by the planning commission using the criteria established ill Section
20.96.060. If there are substantial changes to the proposed amendments after the public
hearing by the planning commission, a second public hearing before the council may be
required. If there are no substantial changes, the council may choose whether or not to hold
another public hearing. The city shall transmit a copy of the comprehensive plan amendments
to department of commerce within ten days of the city council's final adoption.
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20.96. 100 Docketing Procedures — Amendments to Development Regulations.
(a) All proposed text amendments to the development or zoning regulations shall be develope,
submitted and presented by the city staff, based on direction from the city council, plannir
commission, or the director of community & economic development or designee.
(b) Private Party Requests. City staff shall submit proposals from private individuals or groups
follows:
(1) Private parties shall submit a written summary of the amendment proposed to city stal
an indication of why it is needed, and the potential land use impacts if approved. No fe(
shall be assessed.
(2) Staff shall maintain a docket listing of private party requests, and shall provide the listir
not less than once per year to the Planning Commission, which shall detennine whic
items shall be further reviewed by staff and submitted as a formal proposal, which she
be deferred to future work programs, and which shall not be considered. Decisions i
defer or not consider private requests shall be considered final unless appealed
provided herein.
(c) Most development regulation amendments shall be processed concurrently with tt
comprehensive planning docket developed under Subsection 20.96.030(b). The communil
development director may direct that development regulation amendments proceed separate.
when deemed appropriate.
20.96.110 Notice to De artment of Commerce. 0
Staff shall transmit to the department of commerce copies of all proposed amendments to developti
city's ment rego ulatins at least sixty days in adopo vance•f rir adopoq tin, as reuired
RCW 36.70A.106.
1.0.96.120 Public Hearings on Develo nient Reaulation Amendments.
(a) Except as provided by subsection (b), an open record public hearing shall be held before the
planning commission for all amendments. In addition, a hearing before the city council may
also be held if the council so chooses.
(b) Emergency ordinances may •go to the city council directly pursuant to and in compliance with
the RCW governing emergency ordinances.
City of Arlington 20.96-7 Revised June
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Title 20—Land Use Code ORDINANCE NO. 2025-008 Chapter 20.96: Amendments
(c) The city shall give public notice of all public hearings as required per Sectiog
20.24.020 (Public notice).
20,96.130 Plamiin2 Cominission Review of Develo Mient ReaLilation Arnendments.
The planning commission shall issue a recommendation for approval, approval subject to
recommended modifications or conditions of approval, continuance, or a decision for denial,
which decision shall be forwarded to the city council for review and decision.
1.0.96.140 Citv Council Decisioa Criteria - Development Regulatioii Amendments.
The city council's approval, modification, deferral, or denial of a development regulation
amendment proposal shall be based on the following criteria:
The proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, the multicounty planning policies, county planning policies, and the
Growth Management Act, RCW Chapter 36.70A; and
The proposed change is necessary to ftirther the public interest based on present needs and
conditions.
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Title 20—Land Use Code ORDINANCE NO. 2025-008 Chapter 20.96: Amendments
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City of Arlington 20.96-10 Revised June 1)
10 E R4937-8482-4397; 1/13 217.000001/}
1, 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.
2025-008 was approved at the June 16, 2025 City Council meeting.
0 19 MAIM-51H M KIj V My II'M I t" I Well PLUM U M i P
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Wendy Var Der Meersche
City Clerk for the City of Arlington