HomeMy WebLinkAboutOrdinance 2016-013 Relating to Land Use and Zoning, Repealing Chapter 20.88 of the Arlington Municipal Code, and Amending Chapter 20.93 of the Arlington Municipal Code ORDINANCE NO. 2016-013
AN ORDINANCE RELATING TO LAND USE AND ZONING, REPEALING
CHAPTER 20.88 OF THE ARLINGTON MUNICIPAL CODE, AND AMENDING
CHAPTER 20.93 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS,the City of Arlington planning staff recently became aware of conflicts
between and relating to Arlington Municipal Code Chapters 20.88 and 20.93, which relate to
environmentally critical areas and shorelines; and
WHEREAS,the City has worked with the Department of Ecology and the Federal
Emergency Management Authority (FEMA) to amend the City's ordinances for clarity and
compliance; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on May 17, 2016; and conducted a
public hearing following proper legal notice on July 7, 2016; and
WHEREAS, the City Council was briefed on the issue on July 11, 2016 and on July
18, 2016, the City Council considered public comments and the entire record related to the
proposal contained in this ordinance; and
WHEREAS, following the same, the City Council deliberated on the code
amendment contained in this ordinance and found that amendment of the ordinance was
in the best interests of the citizens and the City;
NOW, THEREFORE,the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code Chapter 20.88 shall be and hereby is
repealed in its entirety.
Section 2. Arlington Municipal Code Chapter 20.93 shall be and hereby is retitled
from "Environmentally Critical Areas"to "Critical Areas Ordinance".
Section 3. Arlington Municipal Code section 20.93.010 shall be and hereby is
amended to read as follows:
20.93.010 - Purpose and intent.
This chapter establishes regulations for the protection of environmentally critical areas
(ECAs)within the City"shoreline ur-isdiefi�,including critical areas,natural resource lands,
and protective buffers. While it is intended that this chapter fulfill the mandates of the
Washington State Shoreline Growth Management Act,that is not its sole purpose: Its primary
purpose is to fulfill the legislative intent of the city of Arlington,which is to protect the public
ORDINANCE No. 2016-013 1
health, safety, and welfare of the citizens of Arlington by providing for the long-term
preservation of natural systems and their functions. This is to be accomplished by establishing
prohibitions, mitigation requirements, and minimum standards for the use and development
of properties that contain or adjoin environmentally critical areas. Additionally, this chapter
is intended to:
(1) If at all possible, avoid impacts to environmentally critical areas. If this is not
practicable, then:
(A) Minimize or limit the degree or magnitude of actions and their implementation
by using appropriate technology or by taking affirmative steps to avoid or reduce
impacts.
(B) Mitigate any impacts by repairing, rehabilitating, or restoring the affected
environment.
(C) Reduce or eliminate any impacts over time by preservation and maintenance
operations during the life of the action.
(D) Compensate for unavoidable impacts by replacing, enhancing or providing
substitute resources or environments through monitoring of specific and
cumulative impacts.
(2) Protect the public from personal injury, loss of life, or property damage due to
flooding, erosion, landslides, seismic events, or soil subsidence.
(3) Protect against publicly financed expenditures due to the misuse of environmentally
critical areas that cause:
(A) Unnecessary maintenance and replacement of public facilities;
(B) Publicly funded mitigation of avoidable impacts;
(C) Cost for public emergency rescue and relief operations where the causes are
avoidable;
(D) Degradation of the natural environment.
(4) Protect aquatic resources.
(5) Protect unique, fragile, and valuable elements of the environment, including wildlife
and its habitat.
(6) Alert appraisers, assessors, owners, potential buyers, or lessees to the development
limitations of environmentally critical areas.
(7) Provide city officials with sufficient information to adequately protect
environmentally critical areas when approving,conditioning,or denying applications
for public or private development proposals.
(8) Give guidance to the development of comprehensive plan policies in regard to the
natural systems and environment of the Arlington Watershed(s).
(9) Provide property owners and developers with succinct information regarding the
city's requirements for property development,thus rationalizing and accelerating the
development permit application process.
ORDINANCE No. 2016-013 2
Section 4. Arlington Municipal Code Chapter 20.93.100 shall be and hereby is
amended to add the following definition:
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials
located within the area of special flood hazard, subdivision of land, removal of
substantial amounts of vegetation, or alteration of natural site characteristics.
Section 5. Arlington Municipal Code Section 20.93.100 shall be and hereby is
amended to delete the following definition:
"FrequepAly flooded areas". Lands indieated on the most euffent FEMA map to be
within the one hundr-ed year-flood plain. These areas > btA are not limited to,
streams, lakes, eoastal areas,
and wetlands. Leeal areas not identified on FEMA maps
Section 6. Arlington Municipal Code Section 20.93.200 shall be and hereby is
amended to read as follows:
This chapter applies to environmentally critical areas within the city's and its sher-o';„�
jurisdiction. The map adopted in A"N4C-2-0.93.°�now the gexeraleeatten of
No
action shall be taken by any person that results in any alteration of any
environmentally critical area or their buffers except as consistent with the purposes,
objectives, and goals of this chapter.
Section 7. Arlington Municipal Code Sections 20.93.500 through 20.93.540 shall
be and hereby are repealed in their entirety.
Section 8. Arlington Municipal Code Section 20.93.620 shall be and hereby is
amended to read as follows:
20.93.620 - Allowed activities. Except where regulated by other sections of this or
any other title or law, the following uses shall be allowed within geologically
hazardous areas when the requirements of Section 20.93.630 (Geologically Hazardous
Areas—Requirements) have been met and mitigation adequate to alleviate any other
impacts has been proposed:
(a) Those activities allowed per Section 20.93.220 (General Provisions—
Allowed activities).
(b) Any other use allowed per the zone, and Sterol,,, Master n,.,,,.,.,,,,.,,
provided that it meets the requirements of Section 20.93.630 (Geologically Hazardous
ORDINANCE No. 2016-013 3
Areas—Requirements) and will not have a detrimental impact on the health, safety,
and welfare of the public, or will not negatively impact neighboring properties.
(c) Recontouring of land to eliminate geologically hazardous areas,
including steep slopes, is expressly prohibited unless otherwise approved through the
land use permit process (not the construction plan review process). The permit issuing
authority may approve recontouring to eliminate geological hazardous areas only upon
finding that such action would serve the health, safety, and welfare of the general
public and not just a particular development proposal.
Section 9. Arlington Municipal Code Section 20.93.630(a) shall be and hereby is
amended to read as follows:
a) Erosion hazard areas. All development proposals on sites containing erosion
hazard areas shall comply with the following requirements:
(1) Erosion control plan. The applicant shall submit an erosion control plan
prior to the approval of any permit. Plans shall be consistent with the guidelines set
forth in the Uaifefm International Building Code (U-IBC) grading section and the
department of public works' construction standards and specifications.
(2) Alteration. All authorized clearing for roads, utilities, etc., shall be
limited to the minimum necessary to accomplish the engineering design. Alterations of
erosion hazard sites shall meet the requirements of AMC Chapter 20.44, Part 1I (Land
Clearing, Grading, Filling, and Excavation).
Section 10. Arlington Municipal Code Section 20.93.630(d) shall be and hereby is
amended to read as follows:
(d) Seismic hazard areas. Standards for development in seismic hazard areas shall
be in accordance with the provisions in the IBC, as adopted by the c-City of Arlington.
Section 11. Arlington Municipal Code Section 20.93.640 shall be and hereby is
amended to read as follows:
20.93.640 - Mitigation. If potential geologic impacts cannot be avoided by adhering to
the above requirements, other forms of mitigation may be considered. Applicants must
provide mitigation plans exploring and analyzing any proposed mitigation measures.
What is considered adequate mitigation will depend on the nature and magnitude of
the potential impact. to the eherel ne and an eeelegieal function. For example, some
potential risk due to construction in geologically hazardous areas may be reduced
through retention of existing vegetation.
ORDINANCE No. 2016-013 4
Section 12. Arlington Municipal Code Section 20.93.800 shall be and hereby is
amended to read as follows:
20.93.800 - Classification.
(a) Wetlands shall be rated according to the Washington State Wetland Rating
System for Western Washington--R-&vised, Ecology Publication#14-06-029 04-06-
02-5 or as revised by eeelegy Ecology. Wetland rating categories shall be applied as the
wetland exists at the time of the adoption of this title or as it exists at the time of an
associated permit application. Wetland rating categories shall not change due to illegal
modifications. Wetlands identified as having local significance in hydrologic and
habitat functions may be rated higher based on importance.
(b) Wetland types.
(1) Category I. Category I wetlands are:
(A) Relatively undisturbed estuarine wetlands larger than one acre;
(B) Wetlands that are identified by scientists of the Washington
Natural Heritage Program/DNR as high wetlands of high
conservation value;
(C) Bogs;
(D) Mature and old-growth forested wetlands larger than one acre;
(E) Wetlands in coastal lagoons; or
(F) Wetlands that perform many functions well and score seventy 23
or above.
Category I wetlands represent a unique or rare wetland type, are more
sensitive to disturbance than most wetlands, are relatively undisturbed
and contain some ecological attributes that are impossible to replace
within a human lifetime, or provide a very high level of functions.
(2) Category II. Category 11 wetlands are:
(A) Estuarine wetlands smaller than one acre, or disturbed estuarine
wetlands larger than one acre;
(B) A wetland identified by Washington State DepaFtme"nt of
Nattfal Reseur s as ee•}taming-"sensitive" plant sppeei
(D) An interdzmal wetland d larger-than a-aer-e;or
(BE) Wetlands with a moderately high level of functions,
(F) Weda scoring between fifty-one 20 and sixty-nine 22 points;
flooding or-providing habit .
Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions. These wetlands occur more commonly than Category I
wetlands, but they still need a relatively high level of protection.
(3) Category III. Category III wetlands are.
(A)----Wetlands with a moderate level of functions scoring between
they 16 and fifty 19 points that can be adequately replaced with a
well-planned mitigationproject.
ORDINANCE No. 2016-013 5
(B) 1pAer-dunal wends between d one-acme.rs.ze.—Generally,
wetlands in this category may have been disturbed in some way and are
often less diverse or more isolated from other natural resources in the
landscape than Category II wetlands.
(4) Category IV. Category IV wetlands have the lowest levels of functions
scoring less than thiAy 16 points and are often heavily disturbed. These are
wetlands that should be replaceable, and in some cases may be improved.
However, experience has shown that replacement cannot be guaranteed in any
specific case. These wetlands may provide some important functions and
should be protected to some degree.
Section 13. The first paragraph of Arlington Municipal Code Section 20.93.820
shall be and hereby is amended to read as follows:
Except where regulated by other sections of this, Shereline Master Program or any
other title or law, and provided they are conducted using best management practices,
the following uses shall be allowed within wetlands and their buffers when the
requirements of Sections 20.93.830 (Wetlands—Requirements) and 20.93.840
(Wetlands—Mitigation) have been met, state and federal approvals have been granted
when required, and mitigation adequate to alleviate any other impacts has been
proposed:
Section 14. Arlington Municipal Code Section 20.93.820(g) shall be and hereby is
amended to read as follows:
(G) Stormwater management facilities. Stormwater management facilities are
limited to stormwater dispersion outfalls and bioswales. They may be allowed within
the outer twenty-five percent of fifty feetmanagemepA zone, whieheveris most
preteetive, of Category II, III or IV wetlands buffers when the fifty feet.r.,,.,.,,.omo„*
zone is in an already developed state including buildings, parking lots, lawn or
ornamental landscaping stormwater management systems designed to blend into the
natural landscape allowing full mature growth of native trees and shrubs, and provide
the same or greater functional habitat that would occur in a naturally vegetated buffer.
Specifically, this does not include buried vaults, ecology block or grass-lined ponds or
swales (though ponds or swales planted with native vegetation may be allowed). Such
systems are required to provide diffuse effluent point(s) to the immediate edge of the
no-touch buffer to allow infiltration and polishing,provided that:
(i) No other location is feasible; and
(ii) The location of such facilities will not degrade the functions or values
of the wetland; and
(iii) Stormwater management facilities are not allowed in intact buffers of
Category I wetlands.
ORDINANCE No. 2016-013 6
Section 15. Arlington Municipal Code Table 20.93-4 shall be and hereby is
amended to read as follows:
Table 20.93-4Wetland Buffer Requirements for Western Washington
Standard Buffer width if Buffer width if Buffer width if
Wetland Category Buffer wetland habitat wetland habitat wetland habitat
Width scores 5 points scores 6-7points scores 8-9 points
Category L• based on total 75 ft 105ft 165ft 225ft
score
Category I: Bogs and
wetlands of high 190 ft 190 ft 190 ft 225 ft
conservation value
I
Category L Forested I 75 ft i 105ft 165ft 225 ft
Category IL• Based on 75 ft lOSft 165ft 225ft
Score
Category III: (all) I 60 ft 105ft 165 ft 225
Category IV: (all) 40 ft 40 ft 40 ft T 40 ft
Section 16. Arlington Municipal Code Section 20.93.840(a) shall be and hereby is
amended to read as follows:
(a) In order to avoid significant environmental impacts, the applicant for a land use
or development permit shall compensate for unavoidable wetland impacts, listed in
order of preference and in aereer-dance with Seel o 4.2 of the cher-ou„v Master-
What is considered adequate mitigation will depend on the nature and magnitude of
the potential impact, eeifi a4ly identified i the Shereline Master v,.,,,.,.,,,,,,
as-
required mitigation.
Section 17. Arlington Municipal Code Sections 20.93.920 and 20.93.970 shall be
and hereby are deleted in their entirety.
ORDINANCE No. 2016-013 7
Section 18. 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.
Section 19. 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 20. Copy to Commerce Department. Pursuant to RCW
36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State
Department of Commerce for its files within ten (10) days after adoption of this
ordinance.
PASSED BY the City Council and APPROVED by the Mayor this 18th day of July, 2016.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Deana Dean, Deputy City Clerk
Approved as to form:
Stev n LyAfOe
City Attorney
ORDINANCE No. 2016-013 8
CERTIFICATION OF ORDINANCE
I, Deana Dean, being the duly appointed and acting Deputy Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2016-
013 was approved at the July 18, 2016 City Council meeting.
ORDINANCE NO. 2016-013
"Relating to Land Use and Zoning, Repealing Chapter 20.88 of the Arlington Municipal Code,
and Amending Chapter 20.93 of the Arlington Municipal Code"
A true and correct copy of the original ordinance is attached.
Dated this 19 day of July, 2016.
Deana Dean
Deputy City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on July 18, 2016, the City Council of the City of Arlington,
Washington, did adopt Ordinance No. 2016-013 entitled,
"Relating to Land Use and Zoning, Repealing Chapter 20.88 of the
Arlington Municipal Code, and Amending Chapter 20.93 of the
Arlington Municipal Code"
This ordinance is effective five days from passage and publication, except as otherwise
specified in the ordinance.
The full text of the ordinance is available to interested persons and will be mailed upon
request.
Deana Dean
Deputy City Clerk
City of Arlington