HomeMy WebLinkAboutOrdinance No. 2020-025 An Ordinance Of The City Of Arlington, Washington, Approving The National Foods Property Emergency Arlington Land Use Map Amendment And Concurrent Rezone (PLN #721) And Declaring An Em ORDINANCE NO. 2020--025
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE NATIONAL
FOODS PROPERTY EMERGENCY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT
REZONE (PLN #721) AND DECLARING AN EMERGENCY
WHEREAS, the City of Arlington has the authority to regulate land uses within the City,
and is in the process of its periodic annual review and update of the Comprehensive Plan; and
WHEREAS, the National Foods Property request was not submitted in time for the 2020
docket cycle, it is being considered under RCW 36.76A.130(2)(b)as an emergency Comprehensive
Plan update, and is being considered in concert with all other items in the 2020 docket; and
WHEREAS, included in the review of the Comprehensive Plan was a series of proposed
amendments to the City of Arlington Comprehensive Plan and Zoning Map; and
WHEREAS, the City Planning Commission considered the proposed National Foods
Property, Land Use Map amendments and Concurrent Rezone(PLN#721)and conducted an open
record public hearing on August 25, 2020 and recommended approval to the City Council; and
WHEREAS, the City Council considered the same at a workshop held on September 14,
2020, and considered them along with the Planning Commission recommendations, at their
regular meeting conducted on September 21, 2020; and the City Council having determined
approving said amendment was in the best interest of the City; and
WHEREAS, the City Council has considered the proposed National Foods Property
comprehensive plan amendment and concurrent rezone and finds it to be consistent with city
and state law and in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Findings. The City Council adopts the following findings as required by
AMC Chapter 20.96:
a. The subject property is suitable for development in general conformance with
adjacent land use and the surrounding development pattern, and with zoning
standards under the potential zoning classifications;
b. The proposed amendment is consistent with the goals, objectives, and policies
of the 2015 comprehensive plan;
c. The proposed amendment is consistent with the scope and purpose of the
city's zoning ordinances and the description and purpose of the zone
classification applied for;
d. Circumstances have changed substantially since the establishment of the
current zoning map or district to warrant the proposed amendment;
e. The proposed zoning is consistent and compatible with the uses and zoning of
ORDINANCE NO. 2020-025 1
surrounding property;
f. The property that is the subject of the amendment is suited for the uses
allowed in the proposed zoning classification ; and
g. Adequate public services can be made available to serve the full range of
proposed uses in that zone.
h. The Community and Economic Development Director provided evidence that
an emergency currently exists, as described in the Council Agenda Bill
presented at the September 21, 2020 Council Meeting.
i. The Arlington Planning Commission made a Finding of Fact, in their
recommendation to City Council, attached hereto as Exhibit "A", that an
emergency currently exists, and has been declared by the State's Governor,
and the President of the United States.
Section 2. Emergency. The City Council adopts this ordinance as an emergency
ordinance within the meaning of Revised Code of Washington (RCW) section 36.70A.130(2)(b),
which states that "after appropriate public participation a county or city may adopt amendments
or revisions to its comprehensive plan that conform with this chapter whenever an emergency
exists". The City Council finds that adequate opportunity for public participation has occurred;
that an emergency exists as set forth in the Director's findings and Planning Commission findings;
and that this comprehensive plan amendment was considered together with the other
amendments to the comprehensive plan as contemplated by RCW 36.70A.130(2) so that the
cumulative impacts have been considered.
Section 3. The City Council approves the National Foods Property Arlington Land
Use Map Amendment and Concurrent Rezone (PLN#721) and the City's official zoning map shall
be amended to reflect these changes as depicted on the attached Exhibit "B".
Section 4. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 5. Effective Date. The title of this Ordinance, which summarizes the contents
of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall
take effect and be in full force five (5) days after the date of publication.
ORDINANCE NO. 2020-025 2
PASSED BY the City Council and APPROVED by the Mayor this 215Y day of September, 2020.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Wendy Va er Meersche, City Clerk
Approved as to form:
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Steve J e ff e
City Attorney
ORDINANCE NO. 2020-025 3
Authentieign ID!12A52B08-1028-4860-BOA)-E806264EFB85 /•'�
Community & Economic
Development
PLANNING COMMISSION
fr, 00
Tim Dean, Chair 238 N. Olympic Avenue 360-403-3551
Regarding: PLN #721
Emergency rezone of National Foods Property
Summary:
The National Foods rezone request is a privately initiated non-project action that is an
amendment to the City of Arlington Comprehensive Plan Future Land Use map and
Zoning Map. The applicant, Panattoni Development, is requesting a rezone of
approximately 75 acres from Highway commercial with a mixed-use overlay to Light
Industrial. The subject property is located between the 4400 and 5100 blocks of 172nd
Street NE. This request is being submitted under the provisions of RCW
36.76A.1 30(2)(b) as an emergency Comprehensive Plan update. Staff has
recommended approval of this request. The Planning Commission held a virtual (zoom)
workshop on August 11, 2020, and an on-line open Record Public Hearing on August
25, 2020, regarding the above subject and transmits the following findings and
recommendations to the City Council:
Findings:
1 This rezone request of the subject property to allow appropriate land use within
the Cascade Industrial Center(formerly Arlington Marysville Industrial Center), is
to be considered apart from the normal Comprehensive Plan annual docketing
process.
2 RCW 36.70A.130(2) allows for review and modification of the City's
Comprehensive Plan more frequently than once a year under emergency
circumstances. While the term "emergency" as it applies to this section is not
specifically defined, The Governor's office declared a state of emergency for
Washington State on February 29, 2020, followed by a similar declaration by
Arlington's Mayor on March 5, and the US President on March13. These
declarations of emergency, in addition to judicial case history supports the
opinion of both staff and the Commission that this request meets the criteria
contained in the RCW 36.70A 130(2).
Findings of Fact
Arlington City Planning Commission
PLN#721 - AMC Chapter 20.96 AmendmenCs (2020 Docket)
Page 1 of 2
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CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2020-025 was approved at the September 21, 2020 City Council meeting.
ORDINANCE NO. 2020-025
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON,APPROVING THE
NATIONAL FOODS PROPERTY EMERGENCY ARLINGTON LAND USE MAP AMENDMENT
AND CONCURRENT REZONE (PLN #721) AND DECLARING AN EMERGENCY"
A true and correct copy of the original ordinance is attached.
Dated this 22nd day of September, 2020.
Wendy Van ter Meersche
City Clerk for the City of Arlington