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HomeMy WebLinkAboutOrdinance No. 2022-032 Amending Chapter 20.98 of the Arlington Municipal Code Regarding Zoning and SEPA RegulationsORDINANCE NO. 2022-032 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.98 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING AND SEPA REGULATIONS 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 ORDINANCE NO. 2022-032 1 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 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 section 20.98.010(a) shall be and hereby is amended to read as follows: The City adopts these regulations pursuant to the State Environmental Policy Act (SEPA), RCW Chapter 43.21C4.2-A, and the SEPA rules, WAC Chapter 197-11-994. Section 2. Arlington Municipal Code section 20.98.040(a) shall be and hereby is amended to read as follows: (a) For those proposals for which the City is the lead agency, the Responsible Official shall be the Community and Economic Development Director. Section 3. Arlington Municipal Code section 20.98.090(a) shall be and hereby is amended to read as follows: (a) The City establishes the following exempt levels for minor new construction under WAC 197-11-800 (1)(b) based on local conditions: (1) For residential dwelling units in WAC 197-11-800 (1)(b)(i): Up to 9 dwelling units. (2) For agricultural structures in WAC 197-11-800 (1)(b)(iii): Up to 10,000 square feet. (3) For office, school, commercial, recreational, service or storage buildings in WAC 197-11- 800 (1)(b)(4v): Up to 4,000 square feet and with associated parking facilities designed for up to 20 parking spaces. (4) For parking lots in WAC 197-11-800 (1)(b)(iv): Up to 20 parking spaces not associated with a structure. (5) For landfills and excavations in WAC 197-11-800 (1)(b)(v): Up to 250 cubic yards. Section 4. Arlington Municipal Code section 20.98.200(b)(1) shall be and hereby is amended to read as follows: ORDINANCE NO. 2022-032 (1) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this section of the administration chapter of this' Aified DeyelopmeR Arlin on Municipal Code; and Section S. 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 6. 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 Barbara Tolbert, Mayor ATTEST: Wendy Van Iler Meersche, City Clerk APPROVED AS TO FORM: 7 Stev . Pei �, City Attorney ORDINANCE NO. 2022-032 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. 2022-032 was approved at the October 17, 2022 City Council meeting. ORDINANCE NO. 2022-032 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.98 OF THE ARLINGTON MUNICIPAL CODE REGARDING ZONING AND SEPA REGULATIONS" A true and correct copy of the original ordinance is attached. Dated this 18th day of October, 2022 4,7 ��'.. Wendy Vaff Der Meersche City Clerk for the City of Arlington