HomeMy WebLinkAboutOrdinance No. 2022-031 Amending Chapter 20.94 of the Arlington Municipal Code Regarding AnnexationsORDINANCE NO. 2022-031
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.94 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ANNEXATIONS
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
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
ORDINANCE NO. 2022-031 1
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:
Section 1. Arlington Municipal Code Chapter 20.94 shall be and hereby is amended to
read as set forth on the attached Exhibit "A".
Section 2. 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 3. 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.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of October, 2022.
CITY OF ARLINGTON
2
Barbara Tolbert, Mayor
ATTEST:
Wendy Vanter Meersche, bty Clerk
APPROVED AS TO FORM:
Ste v e` e, Cit ttorney
ORDINANCE NO. 2022-031
EXHIBIT "A"
Chapter 20.94
ANNEXATIONS
Sections:
20.94.010 General Reg ireP+ n -- A_ uthority for Annexation.
20.94.020 GORGUFF20 RI P-Altir.n Gf Annreprmate Land Use e De igRati9 Rd 7r.ne d pen
AivT Pre -Annexation Meeting.
20.94.030 Ten Percent Petition - Notice of Intention to Annex.
20.94.040 Review of Annexation Proposal.
20.94.050 City Council Action on Ten Percent 10% Petition.
20.94.060 Sixty Percent 60%) Petition - Notice of Intention to Annex.
20.94.070 Preparation of Staff Report.
20.94.080 City Council Action to Set Public Hearing.
20.94.090 Sixty Percent Petition City Council Public Hearing.
20.94.100 BoundarV Review Board Filing for Notice of Intention to Annex.
20.94.110 Boundary Review Board Review Period.
20,94.120 Boundary Review Board Hearing.
20.94.130 City Council Action on Annexation.
20.94.140 Annexation Census.
20.94.150 Annexation Filing.
20.94,01Q' 0 GeneFal °_ ,-r: - PA*,;Authority for Annexation.
1will be considered and preGe5wd aereFeIiRg
.
Fegulatienr
T
(a) Annexations to the City of Arlington are governed by this chapter and RCW 35A.14
and the Washington State Boundary Review Board for Snohomish County (BRB).
(b) Any portion of a county not incorporated as part of a city but lying contiguous to a
code city may become a part of the code citV by annexation. An area proposed to be
annexed to a code city shall be deemed contiguous thereto even though separated by
water and upon annexation of such area, any such intervening water shall become a
part of such annexing city.
(c) No code city located in a county in which urban growth areas have been designated
under RCW 36.70A.110 may annex territory beyond an urban growth area.
(d) The city°s official future land use map and zoning map show the parcels within the city
limits, parcels with the UGA and parcels outside the UGA.
20,94,020 GOFIGUFFeRt Adelation of Appropriate I and lice Desc gpatinn and_znn�_u
Annexateen..Pre-Annexation Meeting.
All nnexatlerls Shall be n + E th the I-, , J de atian and zene nr d igRat r�
r-rnr-zir rrn�canvrr.�e�`cr+-�crc�s�c"v4
if; the GompFeh Rsiye WaR Land Use Map and - e-.nmRg man.._RL-gHe&ts -f9F a eh-3nn�n
n nv^itiran into the city. If tl eFe
is ne pre de ati1.mayGensideFany-
adept them simultane(Dusly with the aRReXatie44-
ORDINANCE NO.2022-031
Prior to applying for an annexation the applicant shall participate in a meeting with the
Community and Economic Development department to discuss the proposed request
and annexation process.
20.94.030 Ten Percent (10%) Petition — Notice of Intention to Annex.
The applicant shall submit the following to the community and economic development
department:
(1) Land Use Request Application.
(2) 10% Petition application fee per the most current fee resolution.
(3) Narrative including the general description of the area proposed for annexation.
4 10% Petition — Notice of Intention to Commence Annexation Proceedings.
(5) Snohomish County Assessor's property valuation for all parcels within the
annexation area
(6) Snohomish County Assessor's map of the are proposed for annexation and
vicinity map.
20.94.040 Review of Annexation Proposal.
City Planning staff reviews the submittal for consistency with the Arlington Municipal
Code and the Arlington Comprehensive Plan.
20.94.050 City Council Action on Ten Percent Petition.
Before City Council at a public meeting the council votes to either approve or deny the
annexation petition moving forward.
20.94.060 Sixty Percent (60%)Petition — Notice of Intention to Annex.
(a) The applicant shall submit the following to the community and economic
development department:
(1) 60% Petition application fee per the most current fee resolution.
(2) 60% Petition for annexation to the City of Arlington, WA.
3 Current property assessed value established by Snohomish CountV Assessor's
Office of all parcels proposed for annexation if additional properties have been
added since the 10% petition review)
4 Certified Legal Description and Map showing a meets and bounds continuous
boundary description from a licensed surveyor.
(b) City Planning Staff sends the legal description and maps to the Snohomish County
Assessor's and Auditor's Department for review and certification of sufficiency, Once
certification is received by the city the application can continue to move through the
process.
20.94.070 Preparation of Staff Report.
City Planning Staff prepares a staff report showing how the annexation meets the
requirements of the Arlington Municipal Code and the Arlington Comprehensive Plan.
20.94.080 City Council Action to Set Public Hearing.
The Arlington City Council holds a public meeting to set the Public Hearing date at a
future Council meeting through a Resolution.
ORDINANCE NO. 2022-031
20.94.090 Sixty Percent Petition City Council Public Hearing_
(a) The Arlington City Council holds a public hearing to direct staff to submit the Notice
of Intention to Annex to Snohomish County.
(b) The Public Hearing Notice shall be published in one or more issues of the newspaper
of generai circulation of the city, be posted in three public places within the territory
proposed for annexation, and shall specify the time and place of hearing, and follow all
public hearing notice requirements of AMC 20.24 Hearing Pre Hearing Procedures for
Appeals and Applications).
20.94.100 Boundary Review Board Filing for Notice of Intention to Annex.
(a) The applicant shall) submit a check to the city, addressed to Snohomish County in the
amount of the current filiniz fee Der the BRB.
of Arlington staff oreoares the Notice of Intention to Annex Der Snohomish
County and the BRB requirements. The submission is sent by certified mail and by email
to the BRB contact.
20.94.110 Boundary Review Board Review Period.
The BRB has 45 days to review the Notice of Intention to Annexation. The BRB reviews
the application for consistency with Snohomish County regulations, the assessor's
office, and the
20.94.120 BOUndary'Review Board Hearing.
(a) If the BRB requests a Hearing, the hearing is scheduled at the earliest date available
of the BRB.
(b) A representative of the Citv and the aDolicant are required to attend the hearing.
20.94.130 City Council Action on Annexation.
The Arlington City Council shall take final action on the annexation through a Public
Meeting and by Ordinance. The annexation is considered approved 5 days frorn the
Publication date of the ordinance.
20.94.140 Annexation Census.
Planning Staff has 15 days after the City Council adopts the final annexation ordinance
to complete a POPUlation count of the properties within the territory of the annexation
per the Office of Financial Management regulations for completing a Census.
20.94.150 Annexation Filing.
The final ordinance and annexation documents shall be filed with BRB and the Office of
Financial' management.
ORDINANCE NO. 2022-031 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. 2022-031 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-031
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.94 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ANNEXATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy V Der MeersAe-
City Clerk for the City of Arlington