HomeMy WebLinkAbout04-17-23 Council Meeting (REVISED)
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
National Volunteer Week ATTACHMENT A
Read by Mayor Tolbert
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
1. Minutes of the March 31, 2023 Council Retreat and April 3 and ATTACHMENT B
April 10, 2023 Council meetings
2. Accounts Payable
PUBLIC HEARINGS
1. Resolution Adopting the 2023 Comprehensive Plan Final Docket ATTACHMENT C
Staff Presentation: Amy Rusko
Council Liaison: Heather Logan
NEW BUSINESS
1. Ordinance Adopting Emergency Moratorium in Island Crossing Subarea ATTACHMENT D
Staff Presentation: Marc Hayes
Council Liaison: Debora Nelson
COMMENTS FROM COUNCILMEMBERS
Arlington City Council Meeting
Monday, April 17, 2023 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
PROCLAMATION
WHEREAS, millions of American volunteers give their time to help others, contributing
over 30 million volunteer hours per year worth over $635 million; and
WHEREAS, National Volunteer Week was established in 1974, and has grown exponentially
each year, with thousands of volunteer projects and special events scheduled throughout
the week
WHEREAS, National Volunteer Week captures the power of changemakers to come
together to build stronger, more vibrant communities through service.
WHEREAS, volunteers in Arlington mentor our children, feed our hungry, comfort our
lonely, beautify our green spaces, and fundraise for our charitable organizations; and
WHEREAS, Arlington's volunteers are young, old, families, workers, retirees, men and
women of all ages and backgrounds; and
WHEREAS, the collective result of the work done by our city's volunteers is that Arlington
is a more desirable place to live; and
WHEREAS, organizations in Arlington that rely on volunteers include the City and such
fundamental organizations as Arlington Public Schools, Cascade Valley Hospital, Stilly
Valley Center, and the Arlington Community Food Bank; and
WHEREAS, volunteers play a critical role in determining the direction of the city now and in
future years.
NOW, THEREFORE, I, Barbara Tolbert, Mayor of Arlington, do hereby proclaim
April 16 to April 22, 2023 as National Volunteer Week in the City of Arlington, and urge
citizens to recognize the crucial role played by volunteers in our community.
DRAFT
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Council Chambers 110 East 3rd Street Friday, March 31, 2023 at 9:00 a.m.
Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Sarah Lopez, James Trefry, Kristin Garcia, Peter Barrett, Mike Gilbert, Jim Kelly, Dave Ryan, Marc Hayes, Amy Rusko, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche. City Attorney Steve Peiffle, acting as facilitator, welcomed everyone, provided an overview with ground rules and explained the process. Finance Director introduced new employees Finance Supervisor Suzanne Soule, Payroll Accountant Amanda Case, and Finance Technician II Ana Johnson, whose position is shared between Finance and Maintenance and Operations.
DISCUSSION ITEMS – NO ACTION WAS TAKEN
2023-2024 Strategic Priorities Update City Administrator Paul Ellis reviewed the City’s 2023-2024 first quarter strategic priorities. Discussion followed with Mr. Ellis answering Council questions.
Smokey Point Park Update Community and Economic Development Director Marc Hayes reviewed a draft of the proposed design and draft engineering and construction costs of the Smokey Point Park. He asked Council for action on contracting with the design firm at the upcoming April 3 Council meeting. Discussion followed with Mr. Hayes answering Council questions.
Food Truck Court Update Community and Economic Development Director Marc Hayes reviewed the preliminary food truck court site plan and cost estimate. Discussion followed with Mr. Hayes answering Council questions.
American Rescue Plan Act (ARPA) Funding Update Finance Director Kristin Garcia reviewed funds remaining and planned spending with designated funds for capital projects. Discussion followed with Ms. Garcia answering Council questions.
City Council Retreat
Minutes of the City of Arlington City Council Workshop March 31, 2023
Page 2 of 3
Shop Improvement Project Update City Administrator Paul Ellis provided a brief overview regarding the City’s shop improvement project.
Police Impound Building Update City Administrator Paul Ellis provided a brief overview regarding the City’s police impound building project.
Airport Development Plan Airport Director Dave Ryan reviewed portions of the airport development planning project plan, which includes infrastructure needs. Discussion followed with Mr. Ryan answering Council questions.
Pavement Preservation and Traffic Calming Program Public Works Director Jim Kelly reviewed a map of the 2023 utility improvements and pavement preservation workplan and spoke of the draft traffic calming program. Discussion followed with Mr. Kelly answering Council questions.
Transportation Projects Public Works Director Jim Kelly reviewed a spreadsheet of 24 transportation projects for 2023-2024. Discussion followed with Mr. Kelly answering Council questions.
Community and Economic Development
• 2023 Docket – Planning Manager Amy Rusko reviewed the 2023 docket proposals. There are nine City-initiated and two privately initiated proposals that have been submitted under the 2023 Comprehensive Plan Update docket cycle. Discussion followed with Ms. Rusko and Mr. Hayes answering Council questions.
• Island Crossing – Community and Economic Development Director Marc Hayes reviewed the Island Crossing Subarea, and proposed development standards to guide both current and future development in the Island Crossing Subarea. Island Crossing is one of 13 subareas in the City of Arlington. Discussion followed with Mr. Hayes answering Council questions.
Police Five-Year Strategic Planning Committee Lieutenant Peter Barrett and Lieutenant Mike Gilbert reviewed the forming of the strategic planning committee for the police department’s five year plan. Discussion followed with Lt Barrett and Lt Gilbert answering Council questions.
Information Regarding Director’s Quarterly Reports City Administrator Paul Ellis reviewed how and when Director’s reports are submitted to Council. Discussion followed with Mr. Ellis and Directors answering Council questions.
Minutes of the City of Arlington City Council Workshop March 31, 2023
Page 3 of 3
Additional Discussion Items City Attorney Steve Peiffle briefly discussed the two agenda items he is bringing forward at the upcoming Monday, April 3 Council meeting. Mr. Peiffle read aloud a letter from Sarah Arney to City Council, encouraging public use of the old high school building.
ADJOURNMENT The retreat was adjourned at 2:48 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
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Council Chambers 110 East 3rd Street Monday, April 3, 2023
Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam, via Zoom.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Amy Rusko, Marc Hayes, Mike Gilbert, James Trefry, City Attorney Steve Peiffle, Tony Orr, Dave Varga, and Julie Petersen.
Also Known to be Present: Kathy Vanney. Mayor Barb Tolbert called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved, and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March 20 and March 27, 2023 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #107784 through #107875 dated March 21, 2023 through April 3, 2023 for a total of $745,683.40 3. Right of Way Dedication for 204th/74th Intersection
PUBLIC HEARING None.
City Council Meeting
Minutes of the City of Arlington City Council Meeting April 03, 2023
Page 2 of 3
NEW BUSINESS
Petition for Annexation Community and Economic Development Manager Amy Rusko reviewed the petition received for annexation, from property owners representing 10% of the assessed value of the properties within the proposed annexation area. She explained the items that the City Council must decide on. A) Whether to allow the subject properties to annex into Arlington, B) Whether or not to amend the boundaries, and C) Whether or not to require proportionate share indebtedness to be assumed. If these items are agreed upon by City Council, then the proposed annexation may continue to the next phase of the process, the 60% petition. Discussion followed with Ms. Rusko answering Council questions. Councilmember Heather Logan moved, and Councilmember Debora Nelson seconded the motion to approve the 10% Wear annexation petition, as presented, and authorized the petitioners to proceed to the 60% petition phase of the annexation process, subject to the assumption of their proportionate share of indebtedness. The motion passed unanimously.
Contract with Rock Project Management Services LLC. for Smokey Point Community
Park Community and Economic Development Director Marc Hayes requested Council approve the contract that was discussed at the March 31, 2023 Council retreat. Discussion followed with Mr. Hayes answering Council questions. Councilmember Marilyn Oertle moved, and Councilmember Debora Nelson seconded the motion to approve a contract with Rock Project Management Services, LLC and authorized the Mayor to sign it, subject to final review by the City Attorney. The motion passed unanimously.
Ordinance Amending Chapter 9.40 of the Arlington Municipal Code Regarding use of
Controlled Substances City Attorney Steve Peiffle requested Council approve the ordinance amending Chapter 9.40 of the municipal code regarding use of controlled substances in public places; possession of drug paraphernalia with intent to use in public places and offers of referral. Discussion followed with Mr. Peiffle answering Council questions. Councilmember Debora Nelson moved, and Councilmember Marilyn Oertle seconded the motion to approve the ordinance amending Arlington Municipal Code chapter 9.40 and authorized the Mayor to sign it. The motion passed unanimously.
Settlements for Opioid Litigation City Attorney Steve Peiffle asked Council to approve the third proposed opioid litigation settlement. The Council previously approved two settlements reached between the State of Washington, numerous cities and county governments and three opioid manufacturers and distributors. The opioid litigation against these distributors started in 2016 and is now approaching resolution. Cities are asked whether they want to participate. If 90% of eligible local jurisdictions participate, they will share in the settlement proceeds. Those who do not will forfeit their share (and it will be absorbed by those cities in the region who do accept the MOU.)
Minutes of the City of Arlington City Council Meeting April 03, 2023
Page 3 of 3
Councilmember Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve City’s participation in the Opioid Settlement litigation brought by the State of Washington and authorized the Mayor or City Administrator to sign the participation forms and the allocation agreement relating to the five additional defendants, subject to final review by the City Attorney. The motion passed unanimously.
Appointments to Citizen Salary Commission Administrative Services Director James Trefry requested Council consent to the reappointment of Carla Rankin to the Citizen Salary Review Commission, with a term expiring April 2025. Ms. Rankin (formerly Gastineau) was first appointed in 2020 and her prior term expired in April 2022; and to consent to the appointment of Holly Sloan-Buchanan with a term expiring April 2026; and consent to the appointment of Nancy Knutson with a term expiring April 2026; and consent to the appointment of Stephanie Abrahamson with a partial term expiring April 2025. One position on the Commission would remain unfilled at this time. Councilmember Don Vanney moved, and Councilmember Marilyn Oertle seconded the motion to consent to the reappointment of Carla Rankin, and consent to the appointments of Holly Sloan-Buchanan, Nancy Knutson, and Stephanie Abrahamson to the Citizen Salary Review Commission, for the terms as proposed by staff. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan announced she has completed her certificate of Municipal Leadership. Councilmember Michele Blythe shared her appreciation for the Arlington Police Department arresting the individual in the hit and run that occurred on March 7, 2023.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Barb Tolbert announced that the legislation is considering the City’s Mobile Integrated Health Program in both House and Senate budgets.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:25 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
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Council Chambers 110 East 3rd Street Monday, April 10, 2023
Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Jim Kelly, Amy Rusko, Jonathan Ventura, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Dave Kraski, Kari Wheeler, Cole Rinehardt, Kimberly King.
Mayor Barb Tolbert called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS The Arbor Day proclamation was read by Councilmember Marilyn Oertle.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Contract Award for the 211th Place Design Public Works Director Jim Kelly reviewed staff’s recommendation to contract with SCJ Alliance for the 211th Place Corridor Restoration Project design services. Mr. Kelly stated this would not come forward for action at the April 17 Council meeting, but at the next Council business meeting. Discussion followed with Mr. Kelly answering Council questions.
Resolution Adopting the 2023 Comprehensive Plan Final Docket Planning Manager Amy Rusko reviewed the 2023 Comprehensive Plan Final Docket with the use of a PowerPoint presentation. Discussion followed with Ms. Rusko answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop April 10, 2023
Page 2 of 2
MAYOR’S REPORT Mayor Tolbert stated that some of the City’s projects are moving forward in legislation to the final round for funding.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT Kari Wheeler, 8701 196th St NE, provided comments regarding utility service. Cole Rinehardt, 19731 Old Burn Rd, provided comments regarding utility service. Kimberly King, 8704 195th St NE, provided comments regarding utility service. Public Works Director Jim Kelly responded to comments.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING No items for consent agenda.
EXECUTIVE SESSION
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:46 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: PH #1 Attachment CCOUNCIL MEETING DATE: April 17, 2023
Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: to be submitted by the last working day in January. Arlington Municipal Code §20.96.030 establishes a docketing process for Comprehensive Plan and Zoning Map Changes and Arlington Municipal Code §20.96.100 establishes a docketing process for Amendments to Development Regulations. The two processes are run concurrently through the docketing process. Proposed amendments to the City’s Comprehensive Plan or Development Regulations may be made by any private citizen or by the city itself. The City Council must approve of any item being placed on the Final Docket. Once the docket becomes final, staff is authorized to proceed with processing the proposed amendments. Proposed amendments must receive final approval by the City Council to become incorporated into the City’s Comprehensive Plan or Development Regulations. This process is different than the 8-year comprehensive plan update cycle.
Regulation Amendment Docket. The docket consists of eleven items, nine items are initiated by the city and two items are initiated by private citizens. On March 21, 2023, the City’s Planning Commission held a Public Hearing on the 2023 Preliminary Comprehensive and Development Regulations Amendment Docket and recommended all items on the Preliminary Docket be placed on the Final Docket. The Planning Commission provided Findings of Fact March 23, 2023.
2023 Docket items, or denial of one or more 2023 Docket items After the public hearing, the recommended motion will be, "I move to approve the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution."
RESOLUTION NO. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY OF ARLINGTON ADOPTING THE
2023 COMPREHENSIVE PLAN FINAL DOCKET
WHEREAS, the City’s Comprehensive Plan 2015 update was adopted
January 25, 2018; and
WHEREAS, RCW 36.70A.130 allows jurisdictions to make amendments to
its comprehensive plan once annually, and directs that the city shall compile and
maintain a list, known as a “docket”, of all city-initiated and privately-initiated
proposed comprehensive plan amendments; and
WHEREAS, AMC 20.96.100 allows the city to make amendments to its
development regulations, and directs that most development regulation
amendments be processed concurrently with comprehensive planning docket
developed under AMC 20.96.030 (b); and
WHEREAS, there are nine city-initiated proposals and two privately-
initiated proposals for the 2023 preliminary docket; and
WHEREAS, the preliminary docket was made available to the public for
review and comment at least fifteen days prior to consideration by the Planning
Commission; and
WHEREAS, the Director of Community and Economic Development made a
recommendation to the Planning Commission as to which proposed amendments
should be included in the final docket; and
WHEREAS, the Planning Commission held a noticed hearing on March 21,
2023 on selection of proposed amendments for the final docket; and
WHEREAS, the Planning Commission’s Findings of Fact and determination
per AMC 20.96.050, are attached hereto as exhibit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON, WASHINGTON AS FOLLOWS:
1. The Arlington City Council hereby adopts the Planning
Commission’s findings and the docket recommendation made by the Planning
Commission per the selection and decision criteria outlined in AMC 20.96.060 as
the 2023 Final Docket.
2. Except as provided in AMC 20.96.010(d), no additional
comprehensive plan amendments may be considered after council adoption of the
2023 docket.
RESOLUTION NO. 2023-XXX
ADOPTED by the City Council and APPROVED by the Mayor this 17th Day
of April, 2023.
CITY OF ARLINGTON
________________________
Barbara Tolbert, Mayor
ATTEST:
__________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven J. Peiffle
City Attorney
2023 Comprehensive Plan Amendment Docket
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Community and Economic Development
Planning Division
18204 59th Avenue NE, Arlington, WA 98223
2023 Comprehensive Plan
Amendment Docket Memo
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Subject: 2023 Comprehensive Plan Amendment Docket
INTRODUCTION
The City’s Comprehensive Plan was adopted on January 25, 2018. State law (see RCW 36.70A.130)
allows for jurisdictions to make amendments to comprehensive plans once annually. The City has
established a docketing process to identify and review all potential amendments to the City’s
Comprehensive Plan for a given year to ensure all proposed amendments are considered together.
As part of the docketing process, private citizens can submit applications to amend the City’s
Comprehensive Plan. The deadline to apply for annual amendments is January 31st of each year.
The City can also propose amendments to the comprehensive plan. Once the deadline passes, staff
compiles a list of all proposed amendments on a preliminary docket. This docket is then reviewed
by staff to determine if each amendment complies with the criteria listed in Chapter 20.96 of the
City’s Land Use Code. Once approved by the Director, the public has an opportunity to comment on
proposed amendments listed on the preliminary docket. Comments are compiled, if any, and are
then presented to the Planning Commission for consideration at a public hearing. The Planning
Commission then makes a recommendation to the City Council on whether or not the proposed
amendments shall be on the Final 2023 Comprehensive Plan Amendment Docket. The City Council
reviews and has the option to keep and/or remove any proposed amendments on the docket. The
Council then adopts the final docket in which staff processes over the course of the year.
The Preliminary 2023 Comprehensive Plan Amendment Docket was reviewed for compliance with
AMC Chapter 20.96 and approved by the director for review by the public and consideration by the
Planning Commission. The public hearing for the 2023 Docket was noticed and published on March
3, 2023. The Planning Commission reviewed the Docket at their March 7, 2023 workshop and held
a Public Hearing on March 21, 2023. The Planning Commission voted to recommend approval of the
2023 Docket by City Council and provided Findings of Fact.
2023 Comprehensive Plan Amendment Docket
Page 2 of 6
BACKGROUND
The City received two privately initiated comprehensive plan amendments for the 2023 Docket.
The privately initiated amendment items are listed as Item 3 and Item 4 on the 2023 Docket List.
The City is proposing nine amendments, two amendments to the Comprehensive Plan and Zoning
Map and seven amendment to the Development Regulations. The city initiated amendment items
are listed as Item 1, Item 2, Item 5, Item 6, Item 7, Item 8, Item 9, Item 10, and Item 11 on the 2023
Docket List.
2023 DOCKET PROPOSALS
1. Amendment Type: Comprehensive Plan Amendment
Applicant: City of Arlington
File Name: Chapter 7 and Parks & Recreation Master Plan
File №: PLN#1042
Description: The City is proposing to amend Chapter 7 (Parks and Recreation) of the
Comprehensive Plan and adopt the Parks & Recreation Master Plan as a supplemental
document. Approval by City Council is required for all comprehensive plan amendments.
Staff Report: Attachment A
2. Amendment Type: Comprehensive Plan Amendment – Map Amendment
Applicant: City of Arlington
File Name: Smokey Point Park Rezone
File №: PLN#1043
Parcel №: 3105210302300
Description: The City is proposing to rezone a 2.23-acre lot from Commercial Corridor to
Public/Semi-Public zoning. The parcel is currently owned the City of Arlington and located at
the northeast corner of the Smokey Point Boulevard and 178th Place intersection. The city
purchased the property in 2022 for the purpose of developing a future community public park.
Approval by City Council is required for all rezone applications. If the request is granted, the
City’s Comprehensive Plan Land Use Map and City’s Official Zoning Map.
Staff Report: Attachment B
3. Amendment Type: Comprehensive Plan Amendment – Map Amendment
Applicant: Ernesto & Teri Hernandez
File Name: Hernandez 204th Street Rezone
File №: PLN#1031
Parcel №: 31051000405100, 31051000403300 & 31051000404500
Description: The applicant is proposing to rezone a total of 1.18 acres on three parcels from
Residential Low Capacity zoning to Neighborhood Commercial with Mixed-Use Overlay. The
property is located northwest of the 67th Avenue and 204th Street intersection. Approval by City
Council is required for all rezone applications. If the request is granted, the City’s
Comprehensive Plan Land Use Map, City’s Official Zoning Map, Regulating Plan Place Type Map,
and Village Center Transect Map (AMC Chapter 20.110) would need to be amended.
Staff Report: Attachment C
2023 Comprehensive Plan Amendment Docket
Page 3 of 6
4. Amendment Type: Comprehensive Plan Amendment – Map Amendment
Applicant: Ernesto & Teri Hernandez
File Name: Hernandez 188th Street Rezone
File №: PLN#1032
Parcel №: 31051600301200 & 31051600301800
Description: The applicant is proposing to rezone a total of 4.37 acres on two parcels from
Residential Low Capacity zoning to Business Park. The property is located northeast of the
188th Street and Airport Boulevard intersection. The rezone proposal is contingent upon the
Wear Commercial Annexation. Approval by City Council is required for all rezone applications.
If the request is granted, the City’s Comprehensive Plan Land Use Map and City’s Official Zoning
Map.
Staff Report: Attachment D
5. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 12.16 Amendment
File №: PLN#1035
Description: The City has proposed revisions to Chapter 12.16 Uniform Street Naming and
House Numbering. The update includes regulations for address number size and location on
commercial, industrial, and mixed-use buildings within the city.
Staff Report: Attachment E
6. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 16.28 Amendment
File №: PLN#1037
Description: The City has proposed revisions to Chapter 16.28 Building Construction and Life
Safety Code. The update includes changing the language to provide clarification of permit
extensions and associated fees.
Staff Report: Attachment F
7. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 20.98 Amendment
File №: PLN#1041
Description: The City has proposed revisions to Chapter 20.98 State Environmental Policy Act
by updating the sections that directly relate to changes to WAC 197-11 by the Department of
Ecology as mandated by Senate Bill 5818 under Administrative Order 22-08.
Staff Report: Attachment G
8. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Title 13 Amendment
File №: PLN#1036
Description: The City has proposed revisions to Title 13 Water and Sewers. The update
includes revisions to sections 13.04, 13.08, 13.12, and 13.28 to address utility connections for
Accessory Dwelling Units.
Staff Report: Attachment H
2023 Comprehensive Plan Amendment Docket
Page 4 of 6
9. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 20.44 Amendment
File №: PLN#1038
Description: The City has proposed revisions to Chapter 20.44.032 Master Plan Neighborhood
Developments by updating the language to the most current code regulations, adding the
residential use types expected, and providing specific development criteria. The proposed
revisions to Chapter 20.44.042 Accessory Dwelling Units include updating the language and
referencing Title 13 Utilities for utility connection requirements.
Staff Report: Attachment I
10. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 20.52 Amendment
File №: PLN#1039
Description: The City has proposed revisions to Chapter 20.52 Recreational Facilities and Open
Space by updating the language to follow the proposed update of the Parks and Recreation
Master Plan. Changes will need to be made to the following sections 20.52.010, 20.52.020,
20.52.024, 20.52.030 and new sections may need to be added.
Staff Report: Attachment J
11. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Chapter 20.90 Amendment
File №: PLN#1040
Description: The City has proposed revisions to Chapter 20.90 Concurrency & Impact Fees by
updating the language to follow the proposed update of the Parks and Recreation Master Plan. A
new code section will need to be written under Part III. Park Impact and Mitigation Fees. The
new section will provide the follow: impact fees established, impact fee calculation formula,
imposition of impact fee, collection of fees, disposition of impact fee revenues, refunds, and
additional sections deemed necessary.
Staff Report: Attachment K
ANALYSIS
Arlington Municipal Code Chapter §20.96 (Amendments) outlines the process for amending the
City’s Comprehensive Plan on an annual basis. Specifically, AMC §20.96.030 (Docketing Procedures-
Comprehensive Plan and Zoning Map Amendments) and AMC §20.96.100 (Docketing Procedures-
Amendments to Development Regulations) requires that:
AMC §20.96.030 – Docketing Procedures – Comprehensive Plan and Zoning Map Amendments.
(a) The city shall compile and maintain a list, known as a "docket," of all city-initiated and
privately-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.
2023 Comprehensive Plan Amendment Docket
Page 5 of 6
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.
(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
Environmental 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 AMC §20.96.010(d). The final docket
shall be approved by resolution.
(5) Proposed amendments submitted under AMC §20.96.020(b) that meet one of the
following criteria may be included in the final docket:
(a) If 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.
AMC §20.96.100 – Docketing Procedures –Amendments to Development Regulations.
(1) All proposed text amendments to the development or zoning regulations shall be
developed, submitted and presented by the City staff, based on direction from the City
Council, Planning Commission, or the Director of Community & Economic Development
or designee.
(2) Private party requests. City staff shall submit proposals from private individuals or
groups as follows:
(a) Private parties shall submit a written summary of the amendment proposed to City
staff, and indication of why it is needed, and the potential land use impacts if
approved. No fees shall be assessed.
(b) Staff shall maintain a docket listing of private party requests and shall provide the
listing not less than once per year to the Planning Commission, which shall
determine which items shall be further reviewed by staff and submitted as a formal
2023 Comprehensive Plan Amendment Docket
Page 6 of 6
proposal., which shall be deferred to future work programs, and which shall not be
considered. Decisions to defer or not consider private requests shall be considered
final unless appealed as provided herein.
(3) Most development regulation amendments shall be processed concurrently with the
comprehensive planning docket developed under AMC §20.96.030 (b). The Community
Development director may direct that development regulation amendments proceed
separately when deemed appropriate.
In accordance with AMC §20.96.030 and §20.96.100, staff has conducted a brief review of the items
listed on the Preliminary Docket. Planning Commission held a workshop meeting to discuss the
Preliminary Docket items on March 7, 2023. The Planning Commission held a public hearing at the
regularly scheduled Planning Commission meeting on March 21, 2023 and made a recommendation
to City Council through the provided Findings of Fact on all items that should be included on the
Final Docket.
FINDINGS AND CONCLUSIONS
Staff finds that the proposed amendments of the preliminary docket meet the criteria of AMC
§20.96.030 and AMC §20.96.100.
Once the Final Docket is determined by City Council, city staff will begin review of each amendment
listed on the Final Docket. Upon review of each amendment on the Final Docket, a SEPA Checklist
will be prepared and reviewed and a threshold determination of environmental impacts, if any, will
be issued.
RECOMMENDATION
Staff recommends that City Council approve the recommended Final Docket at their regularly
scheduled meeting on April 17, 2023.
Attachment A: Chapter 7 CPA and Parks & Recreation Master Plan
Staff Report & Recommendation
Chapter 7 CPA & PRMP – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: Chapter 7 CPA and Parks & Recreation Master Plan PLN#1042
A. INTRODUCTION The Chapter 7 Comprehensive Plan Amendment and Parks & Recreation Master Plan is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan, submitted under the 2023 Comprehensive Plan Update Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: Chapter 7 Comprehensive Plan Amendment and Parks & Recreation Master Plan
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to Chapter 7 of the Comprehensive Plan and adoption of the Parks & Recreation Master Plan as a supplemental document. The proposed changes include require updates to Title 20 Zoning under Chapters 20.52 and 20.90. These zoning chapters are listed as individual docket items and will be processed separately.
Staff Report & Recommendation
Chapter 7 CPA & PRMP– City Council
Page 2 of 3
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearings will be held at Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment, Chapter 7 Comprehensive Plan and Parks & Recreation Master Plan, PLN#1042, in compliance with AMC 20.96.020 and AMC 20.24.020 e. A Notice of Public Hearing for the March 21, 2022 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office and City Website. The Notice will also be published in the Everett Herald, posted on site, and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Comprehensive Plan Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC). The DOC will notify the City if the amendment is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION The last Parks & Recreation Master Plan was updated in 2016. This proposal is to adopt an updated version that includes new population, housing, and employment information. Staff has reviewed the draft Parks and Recreation Master Plan and Chapter 7 of the Comprehensive Plan. The amendment supplements the Comprehensive Plan, through planning goals: GP-1, PP-1.4, PP-1.12. The master plan provides updated comprehensive plan goals and policies.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2022, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting.
Staff Report & Recommendation
Chapter 7 CPA & PRMP– City Council
Page 3 of 3
4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website, as well as on site. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1042 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. The application for PLN#1042 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1042, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#1042, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that Chapter 7 Comprehensive Plan Amendment and Parks & Recreation Master Plan PLN#1042 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment B: Smokey Point Park Rezone
Staff Report & Recommendation
Smokey Point Park Rezone – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: Smokey Point Park Rezone PLN#1043
A. INTRODUCTION The Smokey Point Park Rezone is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan, submitted under the 2023 Comprehensive Plan Update Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2023 Comprehensive Plan Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The Smokey Point Park property is owned by the City of Arlington and located on one parcel. The proposed rezone is for the parcel listed under tax parcel 3105210302300 and is approximately 2.23 acres in size. The property is located at the northeast corner of the Smokey Point Boulevard and 178th Place intersection. The property is currently vacant and purchased by the city in 2022 for the purpose of a future public park. The proposed rezone would take the property out of the Commercial Corridor zoning designation and change the property to the Public/Semi-Public zone. The Public/Semi-Public zone is for properties designated for public use and owned by a public entity. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, and Regulating Plan Place Type Map (AMC Chapter 20.110) would need to be amended.
Staff Report & Recommendation
Smokey Point Park Rezone– City Council
Page 2 of 3
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE The amendment to the comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearings will be held at Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Smokey Point Park Rezone, PLN#1043, in compliance with AMC 20.96.020 and AMC 20.24.020 e. A Notice of Public Hearing for the March 21, 2022 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office and City Website. The Notice will also be published in the Everett Herald, posted on site, and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Smokey Point Park Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC). The DOC will notify the City if the amendment is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the rezone and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: GO-1, GO-2, GO-3, GO-5, PO-6.5, GL-15, PL-15.48, GP-1, PP-1.8, GP-2, PP-2.1, PP-2.2, PP-2.3, PP-2.5, GP-4, PP-4.1 The rezone provides a public park and civic space within the Smokey Point neighborhood, located near residential developments and a commercial center.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2022, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements.
Staff Report & Recommendation
Smokey Point Park Rezone– City Council
Page 3 of 3
3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website, as well as on site. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1043 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. The application for PLN#1043 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1043, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#1043, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that Smokey Point Park Rezone PLN#1043 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment C: Hernandez 204th Street Rezone
Staff Report & Recommendation
Hernandez 204th Street Rezone – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: Hernandez 204th Street Rezone PLN#1031
A. INTRODUCTION The Hernandez 204th Street Rezone is a privately initiated proposal for a rezone of property that is an amendment to the City of Arlington Comprehensive Plan, submitted under the 2023 Comprehensive Plan Update Docket cycle.
B. GENERAL INFORMATION
Applicant: Ernesto and Teri Hernandez
Project Description: 2023 Comprehensive Plan Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The subject parcels are owned by Ernesto & Teri Hernandez and Eugene & Monica Lentz. The proposal contains three parcels. Two parcels are owned by Ernesto & Teri Hernandez and listed under tax parcels 31051000405100 & 31051000403300. One parcel is owned by Eugene & Monica Lentz and listed under tax parcel 31051000404500. The total proposed rezone acreage of all three parcels is approximately 1.18 acres. The three parcels are not part of a current subdivision and are occupied with a single-family residence on each of the parcels. The proposed rezone would take the property out of the Residential Low Capacity zoning designation and change the property to the Neighborhood Commercial with Mixed-Use Overlay. The rezoning of the property would allow for small commercial and under the mixed-use development regulations. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, Regulating Plan Place Type Map, and Village Center Transect Map (AMC Chapter 20.110) would need to be amended.
Staff Report & Recommendation
Hernandez 204th Street Rezone– City Council
Page 2 of 3
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearings will be held at Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Hernandez 204th Street Rezone, PLN#1031, in compliance with AMC 20.96.020 and AMC 20.24.020 e. A Notice of Public Hearing for the March 21, 2022 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office and City Website. The Notice will also be published in the Everett Herald, posted on site, and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Smokey Point Park Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC). The DOC will notify the City if the amendment is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the rezone and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: GH-2, PH-2.3, GH-8, PH-8.1, GL-7, PL-7.1, PL-7.2, GL-10, PL-10.1. The rezone provides a western expansion of the Neighborhood Commercial zone and would provide for additional small commercial spaces and additional residential density along the 204th Street corridor.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2022, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting.
Staff Report & Recommendation
Hernandez 204th Street Rezone– City Council
Page 3 of 3
4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website, as well as on site. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1031 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. The application for PLN#1031 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1031, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#1031, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that Hernandez 204th Street Rezone PLN#1031 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment D: Hernandez 188th Street Rezone
Staff Report & Recommendation
Hernandez 188th Street Rezone – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: Hernandez 188th Street Rezone PLN#1032
A. INTRODUCTION The Hernandez 188th Street Rezone is a privately initiated proposal for a rezone of property that is an amendment to the City of Arlington Comprehensive Plan, submitted under the 2023 Comprehensive Plan Update Docket cycle. This proposal is contingent upon the Wear Commercial Annexation. The property may only be considered for rezone if the annexation is approved and will run concurrently with the annexation.
B. GENERAL INFORMATION
Applicant: Ernesto and Teri Hernandez
Project Description: 2023 Comprehensive Plan Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket and allow the rezone to run concurrently with the annexation of the property.
C. DETAILED PROJECT INFORMATION The subject parcels are owned by Ernesto & Teri Hernandez and Alejandra Hernandez. The proposal contains two parcels. Both parcels are owned by the persons previously listed and under tax parcels 31051600301200 and 31051600301800. The total proposed rezone acreage of both parcels is approximately 4.37 acres. One of the parcels is vacant and the other is occupied by a single family residence. The proposed rezone would take the property out of the Residential Low Capacity zoning designation and change the property to the Business Park zone. The rezoning of the property would allow for the extension of the business park zone that would allow for a variety of industrial, manufacturing, or office uses on the property. The property is situated at the north end of Runway 11/29 and is within the Outer Safety Zone (OSZ) Zone 4. Under OSZ Zone 4 the property is limited
Staff Report & Recommendation
Hernandez 188th Street Rezone– City Council
Page 2 of 3
to 1 dwelling unit per 5 acres. The Residential Low Capacity zone is expected to yield 5-6 dwelling units per acre, which is not possible through the Arlington Municipal Protection measures. Development on these parcels would likely be similar to future projects to the west of the subject property. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearings will be held at Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Hernandez 188th Street Rezone, PLN#1032, in compliance with AMC 20.96.020 and AMC 20.24.020 e. A Notice of Public Hearing for the March 21, 2022 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office and City Website. The Notice will also be published in the Everett Herald, posted on site, and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Smokey Point Park Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC). The DOC will notify the City if the amendment is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the rezone and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: GL-12, PL-12.1, PL-16.12. The rezone provides an easternly expansion of the Business Park zone that would provide the opportunity for addition industrial or office uses adjacent to the Cascade Industrial Center and greater compliance with the Arlington Municipal Airport protection zones.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
Staff Report & Recommendation
Hernandez 188th Street Rezone– City Council
Page 3 of 3
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2022, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website, as well as on site. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1032 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. The application for PLN#1032 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1032, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#1032, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that Hernandez 188th Street Rezone PLN#1032 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment E: AMC Chapter 12.16 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 12.16 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 12.16 Development Regulation Amendment PLN#1035
A. INTRODUCTION The proposed AMC Chapter 12.16 amendment is a city initiated amendment to the Arlington Municipal Code Title 12 Streets and Sidewalks, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 12.16 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to a section of AMC Chapter 12.16. The amendment provides updated regulations regarding the address number size and location on commercial, industrial, and mixed-use development buildings.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC 12.16 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 12.16 Development Regulation Amendments, PLN#1035, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION In the past few years, the city has seen the development of multiple commercial, industrial, and mixed-use buildings. The addressing on these buildings has shown to be a concern for the Building Official and Public Safety when entering a complex of multiple buildings. The city currently does not have regulations in place for businesses or property owners to follow for the size and location of the addressing numbers on their buildings. The proposed amendment provides specific and consistent regulations to a property owner or business and provides public safety personnel clarity when entering a property.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website.
Staff Report & Recommendation
AMC 12.16 Development Regulation Amendments – City Council
Page 3 of 3
5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1035 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1035 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1035, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1035, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 12.16 Development Regulation Amendment PLN#1035 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment F: AMC Chapter 16.28 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 16.28 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 16.28 Development Regulation Amendment PLN#1037
A. INTRODUCTION The proposed AMC Chapter 16.28 amendment is a city initiated amendment to the Arlington Municipal Code Title 16 Building and Construction, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 16.28 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to a section of AMC Chapter 16.28. The amendment provides updated regulations clarifying language for building permit extensions and associated fees.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC 16.28 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 16.28 Development Regulation Amendments, PLN#1037, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION During the past year the city has recognized that section 16.28 is difficult for developers and builders when determining if they can receive a building permit extension, and if they are required to pay fees. The request for building permit extensions has become more relevant due to developers and builders not being able to receive certain products from suppliers in a timely fashion. The proposed amendment provides clarification on when a permit extension can be filed and what additional fees are required.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website.
Staff Report & Recommendation
AMC 16.28 Development Regulation Amendments – City Council
Page 3 of 3
5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1037 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1037 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1035, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1037, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 16.28 Development Regulation Amendment, PLN#1037 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment G: AMC Chapter 20.98 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 20.98 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 20.98 Development Regulation Amendment PLN#1041
A. INTRODUCTION The proposed AMC Chapter 20.98 amendment is a city initiated amendment to Arlington Municipal Code Title 20 Zoning, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 20.98 State Environmental Policy Act Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to section AMC Chapter 20.98 that relate to the Department of Ecology revisions as mandated by Substitute Senate Bill 5818, under Administrative Order 22-08. The Department of Ecology’s updates to the WAC and RCW became effective on January 20, 2023. The proposed amendment provides updates from the following Washington Administrative Codes:
• WAC 197-11-800(1)(b)(c) and (d) – Minor new construction flexible thresholds
• WAC 197-11-444(2)(c) – Elements of the Environment
• WAC 197-11-960 – Environmental Checklist
• WAC 197-11-172(1)(b) – Planned actions project review
• WAC 197-11-164(1)(b) – Planned actions definition and criteria
• Chapter 43.21C RCW – Sections relating to the above changes.
Staff Report & Recommendation
AMC 20.98 Development Regulation Amendments – City Council
Page 2 of 3
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 20.98 Development Regulation Amendments, PLN#1041, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION The State of Washington approved Substitute Senate Bill 5818 (SSB-5818) with an effective date of June 9, 2022. Within the bill there was an Administrative Order to the Department of Ecology to make changes to certain state laws regarding the State Environmental Policy Act (SEPA). These changes were made by the Department of Ecology during the remainder of 2022. The effective date of these changes was January 20, 2023. The city has reviewed these revisions and has proposed amendments to Chapter 20.98 – SEPA. The proposed amendments supplements the Comprehensive Plan, through planning goals: GL-18, PL-18.1. The proposed amendment provides updates to coincided with state requirements.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements.
Staff Report & Recommendation
AMC 20.98 Development Regulation Amendments – City Council
Page 3 of 3
3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1041 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. The application for PLN#1041 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1041, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1041, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 20.98 Development Regulation Amendment, PLN#1041 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment H: AMC Title 13 Development Regulation Amendment
Staff Report & Recommendation
AMC Title 13 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Title 13 Development Regulation Amendment PLN#1036
A. INTRODUCTION The proposed AMC Chapter 13.04, 13.08, 13.12, and 13.28 amendments is a city initiated amendment to the Arlington Municipal Code Title 13 Water and Sewers, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Title 13 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to a sections AMC Chapter 13.04, 13.08, 13.12, and 13.28. The amendment provides updated regulations regarding utilities provided for Accessory Dwelling Units. The proposed revisions include updates to address Accessory Dwelling Units and include definitions, housing type classifications, residential classifications, classification of property, water and sewer connections, connection charges, and water/sewer/stormwater rates.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC Title 13 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Title 13 Development Regulation Amendments, PLN#1036, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION These chapters of Title 13 need to be updated to reflect the different housing types allowed in the city. The utility portion of accessory dwelling units has become increasingly difficult to explain to property owners wanting to add an accessory dwelling unit to their property. The proposed amendment provides specific and consistent regulations to property owners.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website.
Staff Report & Recommendation
AMC Title 13 Development Regulation Amendments – City Council
Page 3 of 3
6. The application for PLN#1036 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1036 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1036, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1036, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Title 13 Development Regulation Amendment, PLN#1036 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment I: AMC Chapter 20.44 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 20.44 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 20.44 Development Regulation Amendment PLN#1038
A. INTRODUCTION The proposed AMC Chapter 20.44 amendment is a city initiated amendment to the Arlington Municipal Code Title 20 Zoning, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 20.44 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to sections of AMC Chapter 20.44. The amendment provides updates to the Master Plan Neighborhood regulations (Chapter 20.44.032) and Accessory Dwelling Unit utility regulations (Chapter 20.44.042). The Master Plan Neighborhood section has outdated zoning and uses that require updating to align with the forecasted population growth targets and the Growth Management Act for urban areas. AMC 20.44.042 – Accessory Dwelling Units section needs utility hook-up requirements added to the list of regulations.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC 20.44 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 12.16 Development Regulation Amendments, PLN#1038, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION These two sections of Chapter 20.44 have become difficult to explain to future developers, property owners, and contractors. The amendment supplements the Comprehensive Plan, through planning goals: GO-1, GO-3, GH-1, PH-1.1, PH-1.2, GL-7, PL-7.1, PL-15.50. The proposed amendment provides specific regulations and housing types within Master Plan Neighborhood developments and will define the utility requirements for Accessory Dwelling Units.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website.
Staff Report & Recommendation
AMC 20.44 Development Regulation Amendments – City Council
Page 3 of 3
6. The application for PLN#1038 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1035 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1038, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1038, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 20.44 Development Regulation Amendment, PLN#1038 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment J: AMC Chapter 20.52 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 20.52 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From:
Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 20.52 Development Regulation Amendment PLN#1039
A.INTRODUCTIONThe proposed AMC Chapter 20.52 amendment is a city initiated amendment to the Arlington Municipal Code Title 20 Zoning, submitted under the 2023 Docket cycle.
B.GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 20.52 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C.DETAILED PROJECT INFORMATIONThe City is proposing revisions to AMC Chapter 20.52. The amendment provides a re-write of the Recreational Facilities and Open Space chapter to reflect the changes made by adopting the new Parks and Recreation Master Plan.
D.REGULATORY REQUIREMENTS1. SEPA COMPLIANCE:The amendment to the development regulations is subject to provisions of the State EnvironmentalPolicy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC 20.52 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 12.16 Development Regulation Amendments, PLN#1039, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION The adoption of the updated Parks and Recreation Plan will make Chapter 20.52 out of compliant with current regulations. The chapter is required to be re-written to establish requirements for residential, commercial, and industrial developments. The amendment supplements the Comprehensive Plan, through planning goals: PO-6.3, GP-1, PP-1.4, PP-1.12. The proposed amendment provides a new chapter with consistent regulations with the Parks and Recreation Master Plan.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website. 5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website.
Staff Report & Recommendation
AMC 20.52 Development Regulation Amendments – City Council
Page 3 of 3
6. The application for PLN#1039 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1039 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1039, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1039, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 20.52 Development Regulation Amendment, PLN#1039 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
Attachment K: AMC Chapter 20.90 Development Regulation Amendment
Staff Report & Recommendation
AMC Chapter 20.90 Development Regulation Amendments – City Council
Page 1 of 3
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Date: March 28, 2023
Regarding: AMC Chapter 20.90 Development Regulation Amendment PLN#1040
A. INTRODUCTION The proposed AMC Chapter 20.90 amendment is a city initiated amendment to the Arlington Municipal Code Title 20 Zoning, submitted under the 2023 Docket cycle.
B. GENERAL INFORMATION
Applicant: City of Arlington
Project Description: AMC Chapter 20.90 Development Regulations Amendment
Requested Action: Approve Resolution adopting the 2023 Comprehensive Plan and Development Regulations Docket.
C. DETAILED PROJECT INFORMATION The City is proposing revisions to a section of AMC Chapter 20.90. The amendment provides updates to the Park Impact and Mitigation Fees section (Part III. 20.90.400). This is a new section to reflect the updated park impact fees established in the new Parks and Recreation Master Plan.
D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the development regulations is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC).
Staff Report & Recommendation
AMC 20.90 Development Regulation Amendments – City Council
Page 2 of 3
2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the development regulations to the Planning Commission will occur on March 7, 2023 and March 21, 2023 and to the City Council on April 10, 2023 and April 17, 2023. b. A Public Hearing will be held at a Planning Commission Meeting, located at Arlington City Council Chambers on the following date, March 21, 2023. c. A Public Hearing will be held at a City Council Meeting, located at Arlington City Council Chambers on the following date, April 17, 2023. d. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment AMC Chapter 12.16 Development Regulation Amendments, PLN#1040, in compliance with AMC 20.96.020 and AMC 20.24.020. e. A Notice of Public Hearing for the March 21, 2023 Planning Commission meeting and for the April 17, 2023 City Council meeting will be posted at the Arlington Library, City Hall, Smokey Point Post Office, and City Website. The Notice will also be published in the Everett Herald. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Development Regulation Amendments, along with all docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106.
E. BACKGROUND INFORMATION The adoption of the updated Parks and Recreation Plan will make Chapter 20.90.400 out of compliant with current regulations. This section of Chapter 20.90 is required to be re-written to establish the required park impact fees for residential, commercial, and industrial developments. The amendment supplements the Comprehensive Plan, through planning goals: GP-1, PP-1.4, PP-1.12. The proposed amendment provides a new section that is consistent with the fee structure in the Parks and Recreation Master Plan.
F. ANALYSIS Staff has reviewed the proposed development regulations and concludes that the amendment meets the requirements AMC Chapter 20.96 and was placed on the preliminary docket.
G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 7, 2023, March 21, 2023, April 10, 2023, and April 17, 2023. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 7, 2023, the Planning Commission will review a draft of the City of Arlington 2023 Comprehensive Plan Docket at their workshop meeting. 4. On March 3, 2023, a Notice of Public Hearing for the March 21, 2023, Planning Commission public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Library, and the City’s Website.
Staff Report & Recommendation
AMC 20.90 Development Regulation Amendments – City Council
Page 3 of 3
5. On March 31, 2023, Notice of Public Hearing for the April 17, 2023, City Council public hearing will be posted at Arlington City Hall, Arlington Public Library, Smokey Point Post Office, and the City’s Website. 6. The application for PLN#1040 has been reviewed for internal consistency with the Arlington Comprehensive Plan. 7. PLN#1035 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is in file PLN#1040, which is adopted by reference into this approval. 10. Adoption of the proposed Development Regulation Amendments, PLN#1040, furthers the public health, safety, and general welfare.
H. RECOMMENDATION Staff recommends that AMC Chapter 20.90 Development Regulation Amendment, PLN#1040 be included with the approval of the proposed 2023 Final Docket through a resolution. Staff recommends that Arlington City Council approves the proposed resolution adopting the 2023 Comprehensive Plan Final Docket and authorize the Mayor to sign the resolution.
This message is from an External Sender
This message came from outside the City of Arlington
From:S Hartley
To:Amy Rusko
Cc:CED Main Line
Subject:Two letters for the permitting authority and the Arlington City Council meetings
Date:Monday, March 20, 2023 7:42:21 PM
Attachments:2023 Annexation.pdf
H Rezone 1032.pdf
March 20, 2023
Dear Ms. Rusko,
Attached are two letters I would like to submit to the relevant Arlington City Council meetings
(one meeting is March 21st), and any other relevant permitting authorities.
One is objecting to the Hernandez Rezone, Plan #1032. The other is a request to keep my
property out of the Wear Annexation, Plan #1033.
Please make sure these letters are entered into the record, and that the city council reads them.
Thank you for keeping the local community involved. I do, however, think these matters are
highly relevant to a much larger area than 500 feet away. Still, your professionalism is
appreciated.
Thank you,
Sheila Johnson
4031 - 188 Street NE
Arlington, WA 98223
(360) 435-2858
Sheila Johnson
4031 - 188th Street N.E.
Arlington, WA 98223
March 20, 2023
Arlington City Council
City Council Chambers
c/o City of Arlington Department of Community & Economic Development
Attn: Amy Rusko, Planning Manager
Arlington, WA 98223
Re: Hernandez 188th Street Rezone - Plan #1032 (part of Preliminary Docket - Plan #1044)
Dear Councilmembers,
I am requesting you do not rezone the Hernandez 188th Street property from residential to industrial,
Plan #1032.
I do not believe rezoning to industrial use aligns with the preferences and interests of the local
community, or with the reasons for having a Growth Management Act.
Just as the purpose of having an Urban Growth Area is to contain sprawl and maintain livable places,
industry inside a city should be contained to areas that avoid being close to neighborhoods; commercial
and residential areas should be kept as separate as possible. This rezone is far too close to existing
housing developments and this area overlooking the bluff and is better suited to housing.
Compared to industrial areas, low density housing makes a better transitional buffer between the city
and natural environments. I think as much buffer as possible should be maintained between the valley,
and the industrial areas already being developed on the airport, as well as between existing residential
housing on the Arlington Bluff and the Wear Commercial Annexation industrial development property.
The property adjacent to the Wear Commercial development should not be used to expand the size of
the industrial area on the Arlington Bluff.
The Arlington Bluff aleady has substantial residential developments, and a very large area zoned R-7200.
Residential zoning is far better suited to the surrounding area than industrial zoning. Residential
development will be quieter, more low-key, and more acceptable to everyone that lives in the Arlington
Bluff community. The bluff has an expansive view of the Stillaguamish River Valley, and residential use
is easily more compatible with the watershed in the valley below us.
Rezoning from low-density housing to industrial business park I believe does not promote smart
growth and sustainable development. The bluff is a very livable area, with large houses, green spaces, the
airport trail, and nearby amenities. Last week a deer was eating out of my bird feeder, and local people
appreciate this proximity to nature. I've even been told someone purchased their house next door
because it has a view of my and Hernandez' property, which are currently in a very natural state.
Expanding the size of industrial development beyond the airport property mixes commercial with
residential use and that always makes livable areas less desirable. An industrial park is really out of
character with this neighborhood, and will have negative impacts on the quality of life and an overall
decreased sense of well-being for nearby residents. The larger the industrial area the more pronounced
this impact will be. Placing industry this close to the nice housing developments on the bluff will impact
those house values.
The proposed rezone area is next to the Airport runway safety zone, which is intended to be industrial
use. There is already plenty of room for industrial expansion on the Airport property itself, and there
is no need for additional industrial development outside of existing zoning, especially in the Arlington
Bluff area. More industrial zoning in this area is not needed or desirable, and industrial zoning should
not be expanded to adjacent areas that are already zoned residential and overlook the Stillaguamish
River Valley.
Industrial parks often use heavy machinery, chemicals, and other materials that impact the health of
wildlife and impact the surrounding ecosystem with air and water pollution. Expanding industrial
development to areas outside of the Airport property will reduce the buffer between the natural habitat
of the valley and all of the industrial development on the Arlington Airport.
The area below Hernandez’ rezone is an underground low spot, where water comes out of the hillside
and feeds Portage Creek. The proposed rezone is at the top of a 100-foot bluff with wetlands nearby, and
the ditches directly below this rezone have salmon frye. Residential development will have less intense
land use that will minimize the impact on the Salmon. Salmon can coexist with low density
development, and I've been told the ditches below this rezone host frye of Silver Salmon, Sea-Run
Cutthroat, and Pink Salmon, and also other aquatic species. Industrial development can significantly
impact this environment by increasing water pollution and decreasing water quality. Residential
development can far more easily minimize these impacts, is far more compatible with these natural
surroundings, and will integrate better with the existing landscape.
The valley below this bluff has an undeveloped area so large that it connects to the Portage Creek
Wildlife Preserve and enhances the entire area's ability to sustain wildlife, and also makes the
surrounding area far more livable and pleasant.
My property is adjacent to this proposed rezone and I do not wish to be next to an industrial area. I do
not believe my property should be the only small buffer between industrial use to the west and
residential R-7200 to my east, and if this rezone is allowed there will be no buffer at all between
industrial usage and the Stillaguamish River Valley directly below. This area also serves as a buffer
between the Stillaguamish valley and future industrial development on the Arlington Airport.
Though I'm certain when he moved into the property in 2020 Mr. Hernandez intended to flip it, as he is
currently doing to another property, his property has gone up substantially in value and he will be made
whole even if this property remains in its current residential zoning.
I respectfully request you do not rezone this property to industrial use.
Thank you,
/Sheila Johnson/
City of Arlington Council Agenda Bill Item: NB #1 Attachment DCOUNCIL MEETING DATE: April 17, 2023
Ordinance
Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Crossing Subarea, allowing adequate time to conduct studies regarding both existing and future development and create a comprehensive Subarea Plan, that creates an attractively designed “gateway” into Arlington by evaluating what types of development and businesses should occur in the Island Crossing Subarea. The plan would also identify any additional elements that need to be included in the plan, e.g. Development Standards to guide both site development and building type(s) related to current and future development in the Island Crossing Subarea; roadway design that addresses access control, traffic throughput, and the uncontrolled traffic movements between businesses in the Island Crossing Subarea, and landscape design that creates a desirable entryway into the city. This item was discussed in detail at the recent City Council Spring Retreat which occurred on March 31, 2023.
Island Crossing is one of 13 subareas in the City of Arlington. The intent is to create a Subarea Plan for all 13 areas, thus identifying existing conditions, attributes and deficiencies and what future plans may occur in those subareas and their respective neighborhoods. With the recent interest to develop in Island Crossing, creating a Subarea Plan for this area became a priority, so as to not miss the opportunity to create a more ALTERNATIVES:
I move to adopt the ordinance establishing a moratorium which suspends issuance of development permits within the Island Crossing Subarea, declaring an emergency, and scheduling a public hearing, and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2023-xxx 1
ORDINANCE NO. 2023-xxx
AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADOPTING
A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE
ISLAND CROSSING SUBAREA; DEFINING THE SAME; PROVIDING FOR A PUBLIC
HEARING; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING THAT THE
MORATORIUM, UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF
THE DATE OF ADOPTION.
WHEREAS, in conformity with the responsibilities of the City of Arlington to provide for
public health, safety and welfare requirements and zoning and land use regulations pursuant to
state law, and City’s authority to regulate land use activity within its corporate limits, the City
has adopted land use regulations; and
WHEREAS, the City Council has become aware of heightened interest of development
within the Island Crossing subarea; and
WHEREAS, the City is concerned about the proliferation of development and its impact
on traffic and safety, potential flooding, and additional issues associated with development in
this area; and
WHEREAS, a moratorium will provide the City with additional time to review and amend
its public health, safety and welfare requirements and zoning and land use regulations in the
Island Crossing subarea to preserve and protect land uses in the City and to assure orderly
development within the area; and
WHEREAS, Washington State law, including Sections 35A.63.220 and36.70A.390 of the
Revised Code of Washington, (RCW) authorizes Washington cities to adopt moratoria and
provides for a process for a public hearing which must be held within sixty days of the dates of
the adoption of the moratorium; and
WHEREAS, the City Council concludes that the City does have that authority to establish
a moratorium and that the City must adopt a moratorium concerning the issuance of
development regulations to act as a stop-gap measure: (a) to provide the City with an
opportunity to study the issues concerning development within the subarea and prepare
appropriate revisions to the City’s codes and regulations; (b) to protect the health, safety, and
welfare of the citizens of Arlington by avoiding and ameliorating negative impacts and
unintended consequences of inadequately regulated growth and (c) to avoid applicants possibly
establishing vested rights contrary to and inconsistent with any revisions the City may make for
its rules and regulations as a result of the City’s study of this matter; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the
adoption of this ordinance; and
ORDINANCE NO. 2023-xxx 2
WHEREAS, the City Council finds that the moratorium imposed by this Ordinance is
necessary for the immediate preservation of the public peace, health or safety and for the
immediate support of city government and its existing public institutions;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findings. The recitals set forth above are hereby adopted as the Arlington City
Council's findings in support of the moratorium imposed by this ordinance.
Section 2. Moratorium Established. A moratorium is imposed on the issuance of any
development regulations within the Island Crossing subarea, as more particularly defined in
section 4 and on the attached Exhibit “A”. No new building permits, occupancy permits,
business licenses, development permits or approval or any other city-issued license or permit
shall be issued for any of the properties within the Island Crossing Subarea; provided, however,
that this shall not prohibit the issuance of permits in the event of an emergency, to enable an
existing property owner or business to maintain their buildings and appurtenances or stay in
compliance with business licensing regulations, or to permit the correction of code violations.
Section 3. Term of Moratorium. The moratorium imposed by this ordinance shall
become effective on the date hereof and shall continue in effect for an initial period not to
exceed six months, unless repealed, extended or modified by the City Council after subsequent
public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 36.70A.390,
provided that the moratorium shall automatically expire upon the effective date of the
adoption by the City Council of additional public health, safety and welfare requirements and
zoning and land use regulations to address regulation of the Island Crossing subarea in the City
of Arlington.
Section 4. Definitions. For purposes of this ordinance, the term "Island Crossing
Subarea” shall include those parcels of real property within the City of Arlington and depicted
on the map and list of properties attached hereto as Exhibit “A”.
Section 5. Referral to Staff and Planning Commission. The Arlington Community
Development Director is hereby authorized and directed to develop land use regulations
pertinent to the Island Crossing Subarea to achieve the purposes of this ordinance. The
regulations shall be referred to the Arlington Planning Commission for review and
recommendation for inclusion in the zoning and/or other ordinances of the City of Arlington.
Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, a
copy of this interim ordinance shall be transmitted to the Washington State Department of
Commerce.
Section 7. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
ORDINANCE NO. 2023-xxx 3
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 8. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not
subject to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City’s
acceptance of development applications for the Smokey Point Subarea, said subarea could
locate and develop in a manner incompatible with the codes eventually adopted by the City.
Therefore, the moratorium must be imposed as an emergency measure to protect the public
health, safety, and welfare.
Section 9. Public Hearing. As required by RCW 36.70A.390, a public hearing shall be
scheduled before the City Council at 6:00 p.m. on Monday, June 5, 2023, within sixty (60) days
of the date of this ordinance, to hear and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 10. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 11. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage as long as it is approved by a majority plus one of the entire
membership of the City Council, as required by RCW 35A.12.130; provided, however, that
unless extended by act of the City Council, this ordinance shall automatically expire six (6)
months following its adoption.
APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 17, 2023.
CITY OF ARLINGTON:
_______________________________
Barbara Tolbert, Mayor
ATTEST:
__________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2023-xxx 4
EXHIBIT “A”
MAP OF ISLAND CROSSING SUBAREA
ORDINANCE NO. 2023-xxx 5
Parcels within Island Crossing Subarea (by Snohomish County Tax Parcel Number):
1. 31050800200200
2. 31050800200600
3. 31050800200700
4. 31050800200800
5. 31050800200900
6. 31050800201000
7. 31050800201100
8. 31050800201200
9. 31050800201600
10. 31050800300100
11. 31050800300200
12. 31050800300202
13. 31050800300500
14. 31050800300600
15. 31050800300900
16. 31050800301000
17. 31050800301200
18. 31050800301300
19. 31050800301400
20. 31050800301500
21. 31050800301600
22. 31050800301700
23. 31050800301800
24. 31050800301900
25. 31050800302000
26. 31050800302100
27. 31050800302200
28. 31050800302300
29. 31050800302400
30. 31050800302600
31. 31050800302700
32. 31051700201600