HomeMy WebLinkAboutOrdinance No. 2020-026 An Ordinance of the City of Arlington, Washington, Approving the Northpoint Development, LLC Property Arlington Land Use Map Amendment And Concurrent Rezone (PLN #729) And Declaring An ORDINANCE NO. 2020--026
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE NORTHPOINT
DEVELOPMENT, LLC PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT
REZONE (PLN #729) 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 North Point Development, LLC Property request was not submitted in time
for the 2020 docket cycle, it is however 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 North Point
Development, LLC Property, Land Use Map amendments and Concurrent Rezone (PLN #729) 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 North Point Development
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
ORDINANCE NO. 2020-026 1
current zoning map or district to warrant the proposed amendment;
e. The proposed zoning is consistent and compatible with the uses and zoning of
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 North Point Development, LLC Property
Arlington Land Use Map Amendment and Concurrent Rezone (PLN#729) 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. 2020-026 2
PASSED BY the City Council and APPROVED by the Mayor this 215t day of September,2020.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
r �► / !�
Wendy Van er Meersche, City Clerk
Approved as to form:
Ste . P ' fle
City Attorney
ORDINANCE NO. 2020-026 3
Authentislgn10:12A62B09-102B-4860-BOAS-E686264EFB86 E ^ ` �� i • `!/
Community & Economic
Development
PLANNING COMMISSION
Tim Dean, Chair 238 N. Olympic Avenue 360-403-3551
Regarding: PLN #729
NorthPoint Development Rezone
Summary:
The NorthPoint Development 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, NorthPoint Development, LLC, is requesting a
rezone of approximately 39 acres of an 88 acre parcel, currently split zoned General
Commercial with a Mixed Use Overlay and Light Industrial in order to designate the
entire parcel as Light Industrial. The subject property is located at 6600 172nd Street NE.
This request is being submitted under the provisions of RCW 36.76A.130(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
one of two requests submitted during the pandemic related states of emergency
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).
3. The need for immediate action on the part of the City regarding this request has
been brought about primarily by two factors; 1) since March, the coronavirus
pandemic has precluded the conduct of normal Community Development and
Findings of Fact
Arlington City Planning Commission
PLN#729 - AMC Chapter 20.96 Amendments (2020 Docket)
Page 1 of 2
y01
a _ `o
O (O C a °� N
U Q
p J a m a: z 0 cD r
EL
o
z
00
Z °0
a
x 3N 3AV HIL9
I�
CD
I
\V f
p
(� O
•V N
N
N �
I E
1 E US
I � C All
� c t -�
0 J
i
1 �
I
- —`— — 3N 3AV i s
r LL
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.
2020-026 was approved at the September 21, 2020 City Council meeting.
ORDINANCE NO. 2020-026
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON,APPROVING THE
NORTHPOINT DEVELOPMENT, LLC PROPERTY ARLINGTON LAND USE MAP AMENDMENT
AND CONCURRENT REZONE (PLN #729) AND DECLARING AN EMERGENCY"
A true and correct copy of the original ordinance is attached.
Dated this 22nd day of September, 2020.
Wendy Van ffer Meersche
City Clerk for the City of Arlington