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Home My WebLink About2010-024ORDINANCE NO. 2010-024 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON MAKING MINOR AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington, Washington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and development design guidelines; and WHEREAS, following adoption of said land use code, various technical corrections or amendments are necessary to provide for internal consistency and to improve the code; and WHEREAS, the Planning Commission considered these amendments at their October 19, 2010 public hearing and recommended to the City Council to adopt the amendments, with exception to those related to permitted use 10.220 and 10.300; and the increase of height for freestanding signs within BP, LI and GI zones. The City Council considered these amendments at their October 25, 2010 workshop and at a public hearing on November 15, 2010 and determined approving the amendments was in the best interest of the City and its citizens. NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code §20.16.220(b) shall be amended to read as follows: 20.16.220 Expiration of Permits. (b) Zoning permits for preliminary short plats or conditional use permits for major plats shall expire automatically if, within seven years after the issuance of such permits: 1. The plat has not been finalled, or 2. A one-year extension has not been granted per Subsection (e). Section 2. A new subsection (b) shall be added to Arlington Municipal Code §20.20.020(b) to read as follows: 20.20.020 Appeals of Hearing Examiner Decisions. (a) Appeals from the final decision of the Hearing Examiner, or other city board or body involving the City's Land Use Code and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County Superior Court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within 21 days of the date the decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance. (b) Upon motion for reconsideration, the date of the decision is the date of entry of the ORDINANCE NO. 2010-024 decision on the reconsideration motion by the Hearing Examiner and not the original decision date by the City. (c) Notice of the appeal and any other pleadings required to be filed with the court shall be served as required by law within the applicable time period. This requirement is jurisdictional. (d) The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the City or such qualified person as it selects. Prior to the preparation of any records the appellant shall post with the City Department of Community Development an advance fee deposit in the amount specified by the City's planning division. Any overage will be promptly returned to the appellant. Section 3. Arlington Municipal Code §20.46.010(b) shall be amended to read as follows: 20.46.010 Design Review Process. (b) A building or land use permit may be issued for a structure or use that does not comply with Subsection (a) if any one of the following findings can be made by the decision -making authority: 1. The structure is of a temporary nature that, in all likelihood, will be replaced by a permanent structure within two years. 2. The structure is minor to the overall use of the property and will not be noticeably visible from a public right-of-way. 3. An addition to an existing structure that is less than 500 square feet at the Directors discretion. Section 4. A new Arlington Municipal Code §20.90.410 shall be added to read as follows: Part IV. Impact Fee Credits. 20.90.410 Credit of Impact Fee Amount. (a) Impact fees shall be credited for the value of dedicated land, and for improvements to or new construction of facilities provided by the developer if such facilities are listed in the City's current adopted Capital Facilities or Comprehensive Plan and required as a condition of the development approval, all in accordance with RCW 82.02.060(3). The determination of the value of the dedicated land and/or improvements will be made by the Public Works Director. Any credit towards the school impact fees imposed by AMC 20.90.230 shall require the concurrence of the affected school district. (b) Impact fees shall not be credited for those transportation improvement projects that are required by the City's Capital Facilities Plan or Comprehensive Plan, unless those improvements are in excess of the minimum development standards set out in this Title. Conditions for the credit shall be based on the criteria indicated in 20.90.040 (d). (c) A developer shall be entitled to a credit against the park impact fee collected under the fee schedule adopted by this chapter in any of the following situations: ORDINANCE NO. 2010-024 2 (1) Whenever a project is granted approval subject to a condition that the developer actually provide system improvements; or (2) Whenever a developer has agreed, pursuant to the terms of a voluntary agreement with the City, to provide land for system improvements; or (3) Whenever a developer has agreed to make system improvements to existing park facilities. (d) If, in any of the cases in 20.90.410(c), the land dedicated, or facility constructed is allocated partly toward system improvements and partly toward project improvements, the credit shall be limited to that portion allocated to system improvements. Section 5. Arlington Municipal Code Chapter 20.16 Permits & Final Plat Approval shall be amended as follows: Change all code references of §20.42.020 to 20.48.020, which is the correct number of the Residential Density section. Section 6. Arlington Municipal Code Chapters 20.44, 20.64, 20.80 shall be amended as follows: Change all code references of Chapter 13.24 to 13.28, which is the correct number for the Stormwater Management chapter. Section 7 Severability. 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 8. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 2010. Mayor Pro Tern ORDINANCE NO. 2010-024 3 day of ATTEST: Kristi Banfield, City dlerk APPROVED TO AS FORM: vl�, st7Ieoel tlly Attorney ORDINANCE NO.2010-024 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2010-024 was approved at the November 15, 2010 City Council meeting. ORDINANCE 42010-024 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON MAKING MINOR AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE A true and correct copy of the original ordinance is attached. Dated this 161h day of November, 2010. Kristi Banfield City Clerk for the City of Arlington SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on November 15, 2010, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2010-024 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON MAKING MINOR AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE" This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. Kristi Banfield City Clerk City of Arlington