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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Ashleigh
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
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 Jesica Stickles
1. Minutes of the March 1 and March 8, 2021 Council meetings ATTACHMENT A
2. Accounts Payable:
Approval of EFT Payments and Claims Checks #102283 through #102397
dated March 2, 2021 through March 15th, 2021 for $1,447,370.29;
Approval of Payroll EFT Payments and Checks #30066 through #30073
dated February 1, 2021 through February 28, 2021 for $1,441,254.21
3. Purchase of Right of Way for the 204th/77th Roundabout Project ATTACHMENT B
4. Dedication of Real Property for Public Right of Way ATTACHMENT C
Arlington City Council Meeting
Monday, March 15, 2021 at 7:00 pm
PUBLIC HEARING
1. Development Agreement with Panattoni Development Company, Inc. for ATTACHMENT D
Project "Roxy"
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
NEW BUSINESS
1. Interlocal Agreement with Snohomish County for Evans Park Funding ATTACHMENT E
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
2. Appointment to Planning Commission ATTACHMENT F
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
3. Request for Budget Amendment for Replacement Vehicle ATTACHMENT G
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
DRAFT
Page 1 of 3
March 1, 2021
Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Dan Cone, Kristin Garcia, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: None. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles 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 Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the February 16 and February 22, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #102193 through #102282 dated February 17, 2021 through March 1, 2021 for $1,204,222.11.
PUBLIC HEARING None.
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting March 1, 2021
Page 2 of 3
NEW BUSINESS
Resolution Declaring Police K-9 "Tara" as Public Surplus, and Authorizing her
Disposition to Her Handler Deputy Police Chief Dan Cone requested Council approve a resolution to surplus police K-9 “Tara” to her handler, Officer Kendahl Metcalfe. Councilmember Marilyn Oertle moved and Councilmember Don Vanney seconded the motion to approve the resolution acknowledging the service of police dog ‘Tara’, declaring her as surplus, and authorizing her disposition to her handler, Officer Kendahl Metcalfe, and authorized the Mayor to sign the resolution. The motion passed unanimously.
Appointment to Cemetery Board Public Works Director Jim Kelly requested Council consent to the reappointment of Maxine Jenft to the Cemetery Board. Councilmember Debora Nelson moved and Councilmember Jesica Stickles seconded the motion to consent to the appointment of Maxine Jenft to the Arlington Cemetery Board. The motion passed unanimously.
Contract with HWA Geosciences, Inc. for SR 530 Roundabout Public Works Director Jim Kelly requested Council approve contract for geotechnical services for the Island Crossing Roundabout Project. Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the contract with HWA GeoSciences, Inc. for additional work at Island Crossing, and authorized the Mayor to sign the contract. The motion passed unanimously.
Contract Amendment with KBA for Construction Management Services for the
204th/77th Roundabout Public Works Director Jim Kelly requested Council approve the contract amendment with KBA for construction management (CM) services. Councilmember Jan Schuette moved and Councilmember Jesica Stickles seconded the motion to approve an amendment to the KBA contract for Construction Management services for the 204th/77th Roundabout Project, and authorize the Mayor to sign the amendment, subject to final review by the City Attorney. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS None.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT None.
Minutes of the City of Arlington City Council Meeting March 1, 2021
Page 3 of 3
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:11 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 5
March 8, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe.
Council Members Absent: None
Staff Present: Mayor Barb Tolbert, Paul Ellis, Jim Kelly, Sarah Lopez, Marc Hayes, City Attorney Steve Peiffle, and Ashleigh Scott.
Also Known to be Present: (16) Sixteen Youtube views, Ragina Gray, David Toyer, Nancy Rogers and Dustin Quattrocchi.
Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Jan Schuette seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Snohomish Health District Update – Ragina Gray, Environmental Health Director Ragina Gray presented the Resiliency & Recovery for a Healthy, Thriving Community. Included in the presentation was the rebuilding of the agency – online service delivery, IT infrastructure, Rucker Building improvements and transparency and accountability using ClearGov. In the Environmental Health Division, about 4,500+ inspections on restaurants, grocery stores, espresso stands, caters and mobile food vehicle were conducted; 1,000+ complaints addressed regarding food, pools, septic and solid waste, etc.; roughly 500 permits for pools and spas were routinely inspected and about 200+ public and private schools with kitchen permits and required safety inspections were handled. In the Prevention Services Division, more than 3,000 cases of sexually transmitted diseases were reported, 1,300+ consultations with child care providers – 3x more than 2019, investigated about 1,000+ communicable disease cases separate from COVID-19 and conducted 47 vaccines for children compliance visit and 500+ technical assistance visits. In the Arlington community, 176 annual food establishment permits were issues, followed up on 21 complaints involving food establishments, responded to 83 COVID related calls involving Arlington businesses, 63 child care providers received consultations through Child
Minutes of the Arlington
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop March 8, 2021
Page 2 of 5
Care Health Outreach program, and 150 continuing education courses completed by providers in or from Arlington; land use team reviewed 269 building clearances and 86 as-builts, and issued 93 septic permits in the Arlington area; tested nearly 1,000 Arlington residents at our community based COVID testing events. Ms. Gray also explained to City Council the Snohomish Health District is tracking COVID-19 carefully and working with the community to reduce the impacts of this virus. They are doing so by case counts and data, drive-thru testing, COVID-19 health information, COVID vaccinations, WA Notify app, news and briefings, schools and child care, businesses and organizations, healthcare providers, at-risk populations, posters for downloads, state guidance, long-term facilities and much more. Regina gray also reviewed the COVID-19 heat map, rate by zip code for a 2-week period and COVID-19 looking ahead. The COVID-19 Vaccine Dashboard showed: Total 1st Doses Received (Weeks 1-10) Moderna: 72,400 Pfizer: 20,475 Total: 92,875 Total 2nd Doses Received (Weeks 4-10) Moderna: 59,700 Pfizer: 5,850 Total: 65,550 *Please note these numbers are preliminary based on what has been entered into the Washington Immunization Information System (WAIIS). Implementing their strategic plan would involve – reducing the rate of communicable disease and other notifiable conditions, prevent or reduce chronic disease and injuries, provide high-quality environmental health services, improving maternal, child, and family health outcomes, provide legally required vital records. Addressing ongoing, critical public health issues. Supporting increase access to medical, oral, and mental health care, and build a more sustainable organization.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Interlocal Agreement with Snohomish County for Evans Park Funding Community Revitalization Program Manager Sarah Lopez reviewed the Interlocal Agreement (ILA) with Snohomish County for Evans Park project funding. County Council adopted the 2021 Capital Improvement Project (CIP) Budget to include funding for certain capital improvements projects, including funding for City of Arlington for Evans Field improvements for up to $40,000. It is in the public interest of the County to participate in joint projects with cities to increase recreational opportunities. The City of Arlington has also budgeted $100,000 for repairs at Evans Park. Planned repairs include: replace backstop, install ADA sidewalks and parking spaces, install ADA approved playground wood chips, and complete building repairs.
Minutes of the City of Arlington City Council Workshop March 8, 2021
Page 3 of 5
The County had set aside funding in 2020, but cancelled due to revenue shortfalls caused by COVID19. The City also previously applied for a WA state grant for funding repairs at Evans Park in 2018, and did not receive funding. Evans Park, which was built in 1977, has needed rehabilitation work to the facility for many years. Discussion followed with Ms. Lopez answering Council questions.
Purchase of Right of Way for the 204th/77th Roundabout Project Public Works Director Jim Kelly reviewed the purchase of the right of way for the 204th/77th roundabout project. The installation of the 204th/77th roundabout has required procurement of right of way (ROW) and temporary construction easements (TCE) from six abutting parcel owners. The ROW Agreement has been finalized with McDonald’s Corporation per WSDOT ROW procurement policies and is ready to be fully executed. Property; McDonald’s Owner: McDonald’s Corporation Amount: $90,942.00 Total ROW Acquisition to Date: $260,167.80 Negotiation Expense to Date: $42,497.70 Project ROW budget: $310,948.00 Remaining ROW Budget: $8,282.50 Discussion followed with Public Works Director Jim Kelly answering Council questions.
Appointment to Planning Commission Community and Economic Director Marc Hayes reviewed the re-appointment of Mike Thomas to the Planning Commission. Mike Thomas is a well-respected, lifetime resident of Arlington. He was originally appointed to the Planning Commission in 1992. Twenty nine years later, Mike has seen significant change take place during his tenure on Planning Commission, and is interested in taking on his 5th term as a commissioner. He is as engaged as ever in helping to direct the future of Arlington as we continue to progress forward. Pursuant to RCW Chapter 35A.63, there is created a city planning commission, consisting of five members, who shall be appointed by the mayor and confirmed by the council. The term of office of each new member appointed (except those appointed to fill unexpired terms) shall be for six years. No member of the commission shall hold office or be appointed as an ex officio member by virtue of office held in the city. Discussion followed with Mr. Marc Hayes answering Council questions.
Request for Budget Amendment for Replacement Vehicle Community and Economic Development Director Marc Hayes reviewed the proposed replacement vehicle. Request to replace vehicle prior to its scheduled replacement date of
Minutes of the City of Arlington City Council Workshop March 8, 2021
Page 4 of 5
2024. This is not currently budgeted for in the 2021-2022 budget, so a budget amendment would be required. Community and Economic Development currently has three vehicles; B-75, a 2003 Ford Pickup (18 yrs. old), B-76, a 2002 Chevy Blazer (19 yrs. old), and CE-1, a 2000 Ford Pickup (21 yrs. old). B-75 and B-76 have become completely inoperable, and we have estimates for their repair of over $6,000.00, which exceeds the value of the vehicles. CE-1 is still operable, only because we have continued to have repairs made on an ongoing basis. We intend to surplus both B-75 and B-76 this year and replace them with the vehicle being currently requested. CE-1 would then be surplused in 2022, and replaced with a like vehicle off the state bid. Discussion followed with Mr. Hayes answering Council questions.
Development Agreement with Panattoni Development Company, Inc. for Project
“Roxy” Community and Economic Development Director Marc Hayes reviewed the development agreement for Panattoni Development Company, Inc. Proposed Development Agreement with Panattoni Development Company, Inc., a California corporation, related to the planned light industrial development known as project “Roxy”, a 2,821,987 square foot industrial building situated upon 75 acres within the Cascade Industrial Center. Panattoni Development Company, Inc. wishes to enter into this agreement to ensure that their project will not be unreasonably delayed or burdened. Per AMC 20.39.040, a Public Hearing shall be held at the City Council meeting on March 15, 2021. Note: We are moving this forward with the following caveat. The City is not in agreement with Exhibit “C”, but we are moving forward with the Development Agreement process through this workshop allowing Panattoni to revise the exhibit in accordance with the City’s requirement, prior to the scheduled public hearing on March 15. Should Panattoni fail to revise the exhibit, then the public hearing would be cancelled and the Development Agreement would be pulled from the Council Agenda. Development Agreements are utilized to ensure that certain terms and conditions are addressed and memorialized through the agreement. In this instance, Panattoni is seeking assurances that items such as vesting of permitting processes, disposition of Traffic Impact Fees, required transportation improvements, critical areas, building design and height and future land use controls will not change within the terms established by this agreement. Discussion followed with Mr. Hayes answering Council questions.
Dedication of Real Property for Public Right of Way Community and Economic Development Director Marc Hayes reviewed the dedication of real property for public right of way. Accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”. For frontage improvements in conjunction with the BTS Starlington, LLC site development, aka Starbucks Coffee.
Minutes of the City of Arlington City Council Workshop March 8, 2021
Page 5 of 5
Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Starbucks Coffee zoning permit. Discussion followed with Mr. Hayes answering Council questions.
ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis wanted to remind City Council about the Spring Retreat on April 10, 2021. With Governor Jay Inslee’s new lift on meeting restrictions, the retreat may be hybrid and allow for in-person participation. The council chambers is a viable option and Directors will use ZOOM to participate.
MAYOR’S REPORT Mayor Tolbert and other Snohomish County Mayors met with the Governor’s staff to discuss Phase III and they were very receptive. The next update will be around March 15, and can include outdoor activities and less restrictions on businesses.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS Councilmembers Jan Schuette, Marilyn Oertle, Michele Blythe and Don Vanney provided brief updates, while Councilmembers Mike Hopson, Debora Nelson and Jesica Stickles had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the consent agenda for the March 15, 2021 Council meeting: 2. Purchase of Right of way for the 204th/77th Roundabout Project 6. Dedication of Real Property for Public Right of Way
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:03 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
been finalized with McDonald’s Corporation per WSDOT ROW procurement policies and is ready to be fully executed.
Property Owner Amount
City of Arlington Council Agenda Bill Item: CA #4 Attachment C
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps.
Exhibit CStarbucks Right-of-Way Dedication
City of Arlington
Date:
File:
Cartographer:
Scale:Starbucks_ROW_8.5x11_21
2/10/2021 akc
1 inch = 6 0 fee t
8.5 ' ROW Dedica tion
Starbucks
204TH ST NE
Legend
Starbucks 8.5' ROW Dedication
Parcels Aerial SnoCo 2018
±
City of Arlington Council Agenda Bill Item: PH #1 Attachment D
situated upon 75 acres within the Cascade Industrial Center. Public hearings are required when a city and developer enter into a development agreement. Per AMC 20.39.040, a Public Hearing will be held at the City Council meeting on March 15, 2021. A development agreement allows cities and developers to enter into contractual agreements that allow for some deviations from code requirements, which can benefit both the developer and the City, and “freezing” of some regulations so that developers have assurance
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AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59th AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT
Developer: Panattoni Development Company, Inc., a California corporation
Owner: ___________________________________________________
Grantee: City of Arlington, Washington
Abbreviated Legal Description: A Portion of the NE 1/4 of Section 28, Township 31 N, Range 5
E, W.M., City of Arlington, Snohomish County, Washington
Assessor’s Tax Parcel ID #’s: 31052800101300; 31052800100100; 31052800100500;
31052800100400
Reference Nos. of Related Docs.: N/A
The parties to this Development Agreement (“Agreement”) are the City of Arlington, a
Washington municipal corporation (“City”), and Panattoni Development Company, Inc., a
California company (“Developer”). All references herein to Developer shall be deemed to include
any of its successors and/or assigns. The parties enter into this Agreement to promote the
development of certain real property located within the City.
1. RECITALS
1.1. Location of Property. Developer warrants that it controls certain real property located at
16900 51st Avenue NE, Arlington, WA 98223, identified by Snohomish County parcel numbers
31052800101300, 31052800100100, 31052800100500, 31052800100400, and legally described
in Exhibit A (“Property”). The Property is owned by _________________ (“Owner”).
1.2. Zoning. The Property is zoned Light Industrial and is within Airport Protection Subdistrict
B.
1.3. Permanent Use. Developer intends to develop a nearly three million square foot warehouse
distribution center and associated improvements on the Property, together with nearby roads
(“Project”), as depicted in the site plan attached as Exhibit B.
1.4. Special Use Permit and Site Plan Review. As part of the Project, Developer has already
applied for a Special Use Permit/Site Plan Review and Design Review (PLN#756).
1.5. Mutual Benefits. The City recognizes the many public benefits of the Project, particularly
{04136445.DOCX;13 }
in light of the ongoing health and economic emergency caused by COVID-19. Such benefits
include job creation, increased tax revenue, increased safe distribution of necessary goods, and
dedication of land for public use. Likewise, Developer recognizes the benefits of this Agreement
include certainty of development standards and deviation from certain code regulations and
guidelines, as more fully described below.
1.6. City Authorization after Public Participation and Public Hearing. Notice of the public
hearing on this Development Agreement was provided via posting, publication and mailing. A
threshold determination under the State Environmental Policy Act, Ch. 43.21C RCW (“SEPA”)
was issued for the Project, including this Agreement, on December 16, 2020. The City Council
has authorized the Mayor or City Administrator to enter into this Agreement following the public
hearing held on _____________, 2021 and in accordance with RCW 36.70B.200.
NOW THEREFORE, in consideration of the mutual promises set forth herein and other good and
valuable consideration, the adequacy, sufficiency, and receipt of which are hereby acknowledged,
the parties agree as follows:
2. CONDITIONS OF APPROVAL UNDER AMC 20.39.060
2.1. The parties agree as follows regarding the conditions of approval required by Arlington
Municipal Code (“AMC” or “Code”) 20.39.060:
a. A site plan for the entire project, showing locations of sensitive areas and buffers,
required open spaces, perimeter buffers, location and range of densities for
residential development, and location and size of nonresidential development: The
parties agree to, and incorporate by reference herein, the site plan in Exhibit B.
b. The expected build-out time period for the entire project and the various phases: The
term of this Agreement shall be for a period of eight (8) years from the date the Agreement
is adopted via ordinance. The parties may extend this Agreement by written agreement,
provided the same is approved by the City Council following a public hearing.
c. Project phasing and other project-specific conditions to mitigate impacts on the
environment, on public facilities and services including transportation, utilities,
drainage, police and fire protection, schools, and parks: The Project will be mitigating
impacts by building system improvements, making payments to the City in lieu of
improvements, and possible payments of impact fees to the City.
d. A yearly evaluation of the project status and phasing shall be provided by the
applicant and reviewed with city staff: Developer shall provide a written summary of
development status for each Project phase to the City not less than annually during the term
of this Agreement, provided that Developer shall not be obligated to provide status
summaries if Developer completes all improvements required by this Agreement prior to
the end of the term of this Agreement.
e. All agreements shall be reviewed during each ten-year update of the comprehensive
plan to ensure every project maintains consistency with the City’s goals and policies:
{04136445.DOCX;13 }
The parties agree that the City shall take the provisions of this Agreement into
consideration when developing any update to its comprehensive plans.
f. Bulk design and dimensional standards that shall be implemented throughout
subsequent development within the project: The parties agree that all development of
the Project shall conform to the vested Code regulations as modified under the terms of
this Agreement.
g. The size and range of uses authorized for any nonresidential development within the
project: Applicant proposes to construct a single, 100-foot tall warehouse distribution
center and related auxiliary structures (e.g., guardhouses, pumphouses), totaling
approximately 2.82 million square feet on approximately 72 acres.
h. The minimum and maximum number of residential units for the project: Not
applicable.
i. Any sewer and/or water comprehensive utility plans or amendments required to be
completed before development can occur: No.
j. Provisions for the applicant’s surrender of an approved development agreement
before commencement of construction or cessation of development based upon causes
beyond the applicant's control or other circumstances, with the property to develop
thereafter under the base zoning in effect prior to the development agreement
approval. If Developer fails to construct the Project within the term of this Agreement or
any extension thereof, the Agreement shall expire and be of no further force or effect, and
any future development of the Property shall comply with all City development regulations
then in effect.
3. SPECIFIC DEVELOPMENT STANDARDS
3.1. Deviation from Code Allowed. AMC 20.39.020 states that a “development agreement may
allow development standards different from those otherwise imposed under the Arlington
Municipal Code in order to provide flexibility to achieve public benefits, respond to changing
community needs, or encourage modifications which provide the functional equivalent or
adequately achieve the purposes of otherwise applicable city standards.” Further, differing
development standards “shall not require any further zoning reclassification, variance from city
standards or other city approval apart from development agreement approval, except that no
deviation from airport protection district regulations or critical areas regulations shall be
permitted.” AMC 20.39.020. This Agreement contains deviations from certain Code development
standards in order to achieve particular public benefits and respond to changing community needs,
as noted in the Recitals above. This Agreement does not propose deviations from airport protection
district regulations or critical areas regulations.
3.2. Construction and Dedication of New Road Between 43rd and 51st. The City desires a new
road to be constructed near and along the southern border of the Property, to be called 168th
Street/169th Street, connecting 43rd Avenue NE with 51st Avenue NE (“New Road”). The New
Road is located partially on the Property, and partially on lands currently owned by several others.
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Developer’s obligations as to the New Road are:
(a) Construction and Dedication of New Road. In the event that by July 1, 2021, (i) the
City obtains construction easements and binding commitments to dedicate necessary right-of-way
for the portions of the New Road that are on lands currently owned by others, and (ii) Developer
has been issued all necessary critical areas permits, including permits from the Army Corps of
Engineers to enable construction of the western Segment 1 of the New Road located on the
Property, then Developer shall construct all of the New Road as depicted in Exhibit C.
Developer’s construction of the New Road will commence after the conditions listed above have
been satisfied, and after issuance of construction permits from the City. Developer’s construction
of the New Road may be done without public bids or prevailing wages. Following construction
and acceptance of the New Road by the City, Developer shall dedicate to the City the portion of
the New Road right-of-way on the Property. Impact fee credit will be provided as described in
Section 3.4(b).
(b) Alternative Dedication and Escrow of Funds for Construction of New Road. In the
event that by July 1, 2021, either the City has not obtained construction easements and binding
commitments to dedicate necessary right-of-way for the portions of the New Road that are on
lands currently owned by others, or Developer has not been issued all necessary critical areas
permits, Developer shall both dedicate to the City the portion of the New Road right-of-way on
the Property, and shall deposit funds into escrow to cover Developer’s pro-rata share of the New
Road construction costs. This construction cost shall be calculated based on the cost of said
construction being completed as a Public Works project. The escrow amount shall be determined
by Developer’s Engineer’s estimate, as confirmed by the City’s Development Services Manager.
Impact fee credit will be provided as described in Section 3.4(b).
(c) Alternative Dedication and Escrow of Funds for New Road, and Partial Construction
of New Road. In the event that by July 1, 2021, the City has not obtained construction easements
and binding commitments to dedicate necessary right-of-way for the portions of the New Road
that are on lands currently owned by others, but Developer has been issued all necessary critical
areas permits, Developer shall construct the western segment of the New Road located on the
Property, designated Segment 1 on Exhibit C. Following construction and acceptance of Segment
1 of the New Road by the City, Developer shall dedicate to the City all portions of the New Road
right-of-way on the Property. In addition, the Developer shall deposit funds into escrow to cover
the Developer’s pro-rata share of the remaining design and construction cost for the remaining
portion of the New Road costs This construction cost shall be calculated based on the cost of said
construction being completed as a Public Works project. The escrow amount shall be determined
by Developer’s Engineer’s estimate, as confirmed by the City’s Development Services Manager.
Impact fee credit will be provided as described in Section 3.4(b).
3.3. Public Trail. The New Road includes a public trail. Notwithstanding the terms of Section
3.2, and so long as Developer has been issued all necessary critical areas permits, including permits
from the Army Corps of Engineers to enable construction of the public trail, Developer shall
construct a 12-foot-wide paved east-west trail on the Property within the north side of the New
Road’s right-of-way, as depicted in Exhibit C. If the City obtains its desired construction
easements and binding commitments to dedicate necessary right-of-way for the portions of the
trail located on the adjacent eastern property (parcel no. 31052800100300) by July 1, 2021,
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Developer shall also construct the paved trail on said eastern property, also as depicted on Exhibit
C. Developer is not responsible for constructing the trail on the eastern property if, by July 1, 2021,
the City has not obtained the desired construction easements and binding commitments to dedicate
necessary right-of-way. Upon its completion, Developer shall dedicate the trail on the Property,
as right-of-way, to the City for public use. Impact fee credit will be provided as described in
Section 3.4(b).
3.4. Additional Transportation Analysis and Impact Fee Credits.
(a) Traffic operations at the intersection of SR 531/172nd and Smokey Point Boulevard
and the intersection of SR 531/172nd and the I-5 ramps are of concern to the City and have not
been recently studied by WSDOT. As mitigation for the Project’s potential additional impacts to
these intersections, Developer shall hire and pay consultants to prepare the transportation corridor
study detailed in the scope of work attached to this Agreement as Exhibit D. The study described
in Exhibit D shall be delivered to the City prior to occupancy of the Project. The City agrees that
nothing about this study or its results shall interfere with construction and occupancy of the
Project, nor shall the study outcomes result in requirements for new or additional mitigation
measures on the Project.
(b) With the exception of the New Road, all transportation system improvements
required to be performed by Developer may, upon approval by the City, be eligible for credit
towards transportation impact fees that would otherwise be required under Chapter 20.90 AMC.
With the exception of the New Road, to be accepted as credit, transportation improvements must
be in excess of the minimum development standards set out in Title 20 AMC. As to the New
Road, this Agreement expressly allows Developer to deviate from Ch. 20.90 AMC’s requirements
regarding impact fee credits; such that impact fee credit shall be provided for the New Road
regardless of whether it is in excess of the minimum development standards of Title 20 AMC. If
Developer proceeds to construct the New Road, or to escrow funds for construction of the New
Road, or to construct part of the New Road and escrow funds for the remainder, or to build only
the public trail, then the City shall provide Developer a transportation impact fee credit calculated
to include the design and construction costs for the New Road, whether those costs are incurred
or funds are escrowed. The impact fee credit for the Project shall be calculated prior to building
permit issuance so that any remaining impact fees due will be paid prior to building permit
issuance. Accordingly, this Agreement authorizes the impact fee credit to be determined based on
the Developer’s Engineer’s estimate, as confirmed by the City’s Development Services Manager,
including any increases in that estimate necessary to address the escrow of funds under either
Sections 3.2(b) or 3.2(c). In the event the parties cannot agree on the impact fee credit within ten
(10) days of the City’s receipt of the Developer’s Engineer’s estimate, the parties shall appoint a
neutral third-party engineer to determine whether the Developer’s Engineer’s estimate or the
City’s Development Services Manger’s estimate is most reasonably accurate. In the event a
further dispute arises, the Developer is entitled to pay impact fees under protest and pursue further
dispute resolution under Section 5 of this Agreement.
3.5. Dedication of Wetland. If Owner dedicates Segment 1 of the New Road to the City,
Developer shall, in conjunction with such dedication, also dedicate and convey the wetland area
on the southwest corner of the Property to the City. If the New Road cannot be constructed,
Developer shall dedicate said wetland to the City after the stormwater detention facilities on the
{04136445.DOCX;13 }
Property are constructed, and the City will cooperate in the effort to create a tract that may be
conveyed. The location of the wetland area is depicted on Exhibit B.
3.6. Wetland Mitigation Banking and Improvements. All wetland and buffer areas on the site
shall remain protected until wetland permits have been issued. As described in the Conceptual
Mitigation Plan/Project Roxy, Soundview Consultants (October 2020), some of the Project’s
impacts to wetlands are unavoidable. Mitigation for any wetland impacts is allowed to include
purchase of credits from a bank in accordance with the wetland mitigation banking rules of Ch.
90.84 RCW and Ch. 173-100 WAC, or physical enhancements to the wetland system, or a
combination of mitigation bank credits and direct wetland mitigation. For example, Developer and
City acknowledge and agree that on-Property compensatory mitigation is not feasible south of
Segment 1 of the New Road in order to satisfy the compensatory mitigation obligation required
by AMC 90.93.830(a) and Table 20.93-6, because there is not enough land to provide for both the
New Road and the buffer required around a compensatory mitigation area. Therefore, this section
of this Agreement constitutes the Community Development Director’s approval of the wetland
Conceptual Mitigation Plan, and authorizes the Developer to provide compensatory wetland
mitigation in this area via the purchase of wetland credits from the Snohomish Basin Mitigation
Bank, an approved mitigation bank in the Snohomish River watershed, to fulfill the compensatory
wetland mitigation requirements of AMC 20.93.840(a). Developer will construct direct wetland
mitigation in accordance with the approved permits received from the Army Corps of Engineers,
and Developer will purchase wetland mitigation bank credit for the remainder of the mitigation,
and this combination of direct wetland mitigation and purchased wetland mitigation credits shall
satisfy any City requirements for wetland mitigation. Developer also will perform onsite non-
compensatory (i.e., voluntary) wetland rehabilitation and buffer enhancement for the purposes of
improving onsite wetland functions and protection, including native plantings, placement of snags
and large woody debris, and creation of a thalweg channel within Wetland A.
3.7. Parking Siting. Developer is allowed to deviate from the parking siting guidelines of
Section 7.2 of the City of Arlington Development Design Standards. Project parking may be sited
on the Property adjacent to roads and intersections, including 172nd Street NE (State Route 531).
To screen parking from adjacent roads, Developer shall install a sound wall and/or five (5) foot
tall earth berms topped with vegetation, which shall meet AMC 20.76.040’s requirements for a
Type B, Semi-Opaque Screen. Installation locations for the sound wall and/or berms are shown
on Exhibit B. The sound walls shall be cast-in-place concrete, up to approximately 18 feet high
from grade. On the external public-facing side of the wall, the wall shall have an embossed pattern
inspired by nature using form liner panels which will resemble a natural scene or pattern consisting
of vines, leaves and trees. Prior to construction the design team will coordinate directly with the
City of Arlington on the final design and approval. The City, having determined the proposed
screening is sufficient, grants a parking siting deviation to authorize the parking as sited and
screens as proposed.
3.8. Sufficiency of Parking Spaces. Requiring the Project to meet AMC Table 20.72-1’s
vehicular parking ratio for distribution centers (one (1) parking space per 300 square feet of gross
floor area) would result in a parking area far in excess of the Project’s needs. Thus, the Project is
not required to meet said ratio. The City, having determined the proposed 1250 parking stalls
provide sufficient parking for the Project, grants a parking deviation in accordance with AMC
20.72.020.
{04136445.DOCX;13 }
3.9. Building Height Approval by FAA. Given the Property’s proximity to the Arlington
Municipal Airport, the Federal Aviation Administration (“FAA”) has regulatory authority over
aspects of the Project, including the maximum allowed building height. Developer has obtained
approval from the FAA to build a 100-foot tall building, and FAA approval for additional
temporary use of taller construction cranes, and has provided copies of these FAA approvals to
the City. City Code height requirements, including under Ch. 20.48 AMC, are lower than 100-
feet. The City, having determined that the project has been appropriately mitigated, grants a height
deviation to allow the Project’s buildings to be constructed up to 100-feet tall.
3.10. Voluntary Construction of Roundabout at 43rd. Developer and/or Owner plan to voluntarily
construct a roundabout at 43rd/SR 531 at a value of approximately $6 million (the “Roundabout”).
Adequate public right-of-way does not currently exist for the Roundabout, so construction of the
Roundabout by Developer and/or Owner is subject to the timely and economically reasonable
acquisition of necessary right-of-way. Developer and/or Owner shall have no obligation with
respect to the Roundabout if the necessary right-of-way cannot be obtained in a timely and
economically reasonable manner.
3.11. Occupancy Dependent on Completion of only Limited Improvements. Occupancy of the
Project’s buildings is contingent on completion or bonding for all required street frontage
improvements on 43rd Ave. NE and 51st Ave. NE, and the limited frontage improvements of a
sidewalk and acceleration/deceleration lanes for the project entries along 172nd St./SR 531.
Occupancy of the Project’s buildings is not contingent on completion or bonding of the New Road
and construction of the Roundabout, whether pursued by Developer or by others.
3.12. Hours of Construction and Operation. Hours of construction for the Project generally shall
meet the requirements of the Arlington Municipal Code; provided however, that the parties
acknowledge that Developer intends to request and the Project will require some exceptions be
granted so as to authorize some construction activities after 7 p.m., or before 7 a.m. Monday
through Saturday or on Sundays or holidays Prior to the start of construction, the contractor for
the Project shall have reached a haul route agreement with the City. The Project may be operated
24 hours a day, 365 days a year, subject to compliance with the Performance Standards set by
AMC Chapter 20.44 and state law.
3.13. Prompt Processing of Permits. The City recognizes the urgency of completing the Project
in a timely manner and will endeavor to promptly process all associated permits and approvals.
4. VESTING AND CERTAINTY OF DEVELOPMENT AGREEMENT
4.1. Vested Rights. Complete applications for land use permits or approvals submitted during
the term of this Agreement shall vest to the zoning and other land use controls in effect on the date
of the ordinance adopting this Agreement. Such vested rights shall survive the termination or
expiration of this Agreement and shall themselves terminate only upon the City’s final decision to
grant, grant with conditions, or deny the applications for said entitlements. Vested rights for
complete applications for land use permits or approvals submitted prior to the term of this
Agreement shall be governed by State law and City Code.
4.2. Development Agreement Deemed Controlling. This Agreement, once recorded, and any
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terms, conditions, maps, notes, references, or regulations which are a part of the Agreement shall
be considered enforceable elements of the Code. In the case of an explicit conflict with any other
provisions of the Code, this Agreement shall take precedence.
4.3. Changes in the Law. In the event that state or federal laws or regulations, enacted after this
Agreement has been entered into, prevent or preclude compliance with one (1) or more of the
provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as
may be necessary to comply with such state or federal laws or regulations.
4.4. Emergency Situations. The City may suspend the issuance of building permits for the
Project if it finds that continued construction would place surrounding residents or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
5. DISPUTE RESOLUTION
5.1. Party Consultation. In event of any dispute as to interpretation or application of the terms
or conditions of this Agreement, Developer, the City Community Development Director and the
City Administrator shall meet within ten (10) business days after written request from any party
for the purpose of attempting, in good faith, to resolve the dispute. The written request shall
identify the disputed issues in a way that is sufficient to enable the parties to understand the issues
and consider and review alternatives in advance of the meeting. The meeting may, by mutual
agreement, be continued to a date certain to include other parties or persons, or to obtain additional
information. The parties agree that any mediation communications shall be privileged as specified
in RCW 7.07.030, regardless of whether a mediator is involved in the discussions.
5.2. Decision of City Administrator. If the parties are unable to reach an agreement pursuant to
Section 5.1, the City Administrator shall issue his or her written determination concerning the
disputed issues, which shall be the final decision of the City.
5.3. Judicial Appeal. Pursuant to the Land Use Petition Act, Ch. 36.70C RCW, any aggrieved
party may appeal the decision of the City Administrator to Snohomish County Superior Court.
5.4. No Jury Trial. TO THE EXTENT PERMITTED BY LEGAL REQUIREMENTS, THE
PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE
IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR
OTHERWISE, BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT.
6. GENERAL PROVISIONS
6.1. Voluntarily Bound. The City and Developer agree that each has entered into this
Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this
Agreement.
6.2. Recording. This Agreement shall, following approval by the City Council, and Developer’s
acquisition of any portion of the Property, be filed as a matter of public record in the office of the
Snohomish County Auditor and shall be in the nature of a covenant running with the Property. It
is the intent to have this Agreement, so long as it is in force, to be considered, interpreted, and
regarded as a covenant running with the land as to the Property.
{04136445.DOCX;13 }
6.3. Applicable Law. This Agreement shall be governed by and be interpreted in accordance
with the laws of the State of Washington. Venue for any legal action brought hereunder shall be
in the Snohomish County Superior Court.
6.4. Binding Effect; City’s Consent Not Required for Developer’s Assignment of Rights. This
Agreement shall be binding upon and inure to the benefit of the successors and assigns of each
party hereto. The parties acknowledge that Developer and Owner shall have the right to assign or
transfer any portion of the interests, rights, and obligations under this Agreement to other parties
acquiring an interest or estate in the Property. Consent by the City shall not be required for any
transfer of rights pursuant to this Agreement.
6.5. Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement intent of
the parties to the maximum extent allowable under law.
6.6. Modification. This Agreement may be amended, modified or terminated in conformity
with the requirements of RCW 36.70B.170-200 and other applicable laws, rules or regulations,
and upon mutual consent of the parties, which mutual consent of the parties shall be evidenced by
a written agreement therefore, signed by the parties hereto. Major amendments to this Agreement
shall require review and approval by the Arlington City Council. City staff shall be entitled to
administratively approve minor amendments to this Agreement. A “Minor Amendment” is defined
as an amendment that does not increase the density of the Project or significantly increase its
adverse impacts on surrounding properties.
6.7. Merger. This Agreement represents the entire agreement of the parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly set forth
herein.
6.8. Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to
achieve the objectives of this Agreement. The parties shall not unreasonably withhold requests for
information, approvals or consents provided for, or implicit, in this Agreement. The parties shall
execute any additional documentation reasonably required to carry out the intent and obligations
under this Agreement.
6.9. Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift,
transfer, segregation, assignment or devise of the Property, Developer shall disclose the existence
of this Agreement to the interested party.
6.10. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal
counsel for all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this agreement.
6.11. Notices. All notices, approvals, consents, requests, or demands required or permitted to be
given by either party will be in writing and will be delivered (except as otherwise provided in this
Agreement) (a) personally; (b) by depositing with the United States Postal Service, postage
prepaid, by registered or certified mail, return receipt requested; (c) by a nationally-recognized
delivery service providing proof of delivery; or (d) by email, provided that, for delivery pursuant
{04136445.DOCX;13 }
to this clause (d), a copy is also sent pursuant to either clause (a), (b), or (c) above, and in all such
events, properly addressed to the addresses set forth below. Except where otherwise expressly
provided to the contrary, notice is deemed given upon delivery (or, in the case of delivery via the
method described in (b), the earlier of delivery or three (3) days following the date of depositing),
or when delivery is refused. Either party may change its notice address by giving notice in the
manner set forth above and in the event of an assignment of this Agreement by Developer, the
address of the assignee shall be set forth in a notice of assignment.
If to the City: City of Arlington
238 N. Olympic Ave.
Arlington, WA 98223
Attn:Community Development Director
Email: mhayes@arlingtonwa.gov
If to Developer: Panattoni Development Company, Inc.
1821 Dock Street, Suite 100
Tacoma, WA 98402
Attn: Travis Hale
Email: thale@panattoni.com
If to Owner: Same as Developer
6.12. Term. Unless extended this Agreement shall automatically expire and the obligations of
the parties cease eight (8) years after the ordinance adopting this Agreement is adopted, without
the need for further action or documentation.
6.13. No Bribery. In adopting this Agreement the City has not violated, and in implementing this
Agreement the City shall not violate, or knowingly permit anyone to violate, any applicable laws
or regulations pertaining to anti-corruption or bribery.
[Signatures on the next page.]
{04136445.DOCX;13 }
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set out next to
their signatures.
California corporation
, City Attorney
{04136445.DOCX;13 }
EXHIBIT A
Legal Description of the Property
2215 North 30th Street
Suite 300
Tacoma, WA 98403
253.383.2422 TEL
253.383.2572 FAX
{04136445.DOCX;13 }
EXHIBIT B
Site Plan of the Project
[A copy of Exhibit B shall be kept on file with the City of Arlington and will not be
recorded.]
T
T
T
XX
X
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X
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X
XX
X
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X
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X
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X
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X
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X
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XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX
172ND ST NE (SR 531)
43
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D
A
V
E
N
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51
S
T
A
V
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N
E
168TH ST NE (PROPOSED)
N
0 100 200
1" = 100 FEET
GRAPHIC SCALE
500
PARCEL C NOT A PART OF PROJECT
FACILITY TO REMAIN
5' TALL LANDSCAPE
SCREENING BERM
5' TALL LANDSCAPE
SCREENING BERM
5' TALL LANDSCAPE
SCREENING BERM
5' TALL LANDSCAPE
SCREENING BERM
5' TALL LANDSCAPE
SCREENING BERM
PEDESTRIAN CONNECTION
TO 172ND STREET NE
PROPOSED BUILDING
BUILDING FOOTPRINT = 635,090 SF
GROSS = 2,821,987 SF
INTERSECTION
IMPROVEMENTS
BY WSDOT
INTERSECTION
IMPROVEMENTS
BY WSDOT
FUTURE BUS STOP LOCATION
SHOULDER WIDENING
FOR TRUCK MOVEMENTS
SOUND WALL
16' TALL
SOUND WALL
16' TALL
SOUND WALL
18' TALL
DECELERATION LANE
ACCELERATION LANE
5'
T
A
L
L
L
A
N
D
S
C
A
P
E
SC
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N
I
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B
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5'
T
A
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L
L
A
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D
S
C
A
P
E
SC
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G
B
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5'
T
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L
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D
S
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A
P
E
SC
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G
B
E
R
M
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
FUTURE FULL STREET
IMPROVEMENTS BY WSDOT
Civil Engineers
Structural Engineers
Landscape Architects
Community Planners
Land Surveyors
Neighbors
T A C O M A
2215 North 30th Street, Suite 300, Tacoma, WA 98403253.383.2422TEL
S E A T T L E
316 Occidental Avenue South, Suite 320, Seattle, WA 98104206.267.2425TEL
WETLAND AREA TO BE
DEDICATED TO CITY
{04136445.DOCX;13 }
EXHIBIT C
Diagram of New Road Segments and Trail
[A copy of Exhibit C shall be kept on file with the City of Arlington and will not be
recorded.]
XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX
EV EV EV EV EV EV EV EV EV EV
43
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N
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51
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168TH ST NE (PROPOSED)
1 LOOKING EAST
PROPOSED 168TH ST NE FULL ROAD SECTION (SEGMENT 1)
2 LOOKING EAST
PROPOSED 168TH ST ROAD SECTION (SEGMENT 2)
3 LOOKING EAST
PROPOSED 168TH ST NE ROAD SECTION (SEGMENT 3)
5 LOOKING WEST
168TH ST NE STANDARD CITY ROAD SECTION
CL
12.0' LANE 6.0'
ROADWAY CENTERLINE
ROW CENTERLINE
PROPOSED PAVEMENT
PROPOSED PATHWAY
35.5' HALF RIGHT-OF-WAY
RI
G
H
T
-
O
F
-
W
A
Y
RI
G
H
T
-
O
F
-
W
A
Y
PROPOSED CURB
12.0' PATHWAY
5.0'
BUFFER
0.5'
12.0' LANE6.0'
PROPOSED SIDEWALK
31.5' HALF RIGHT-OF-WAY
8.0' SIDEWALK5.0'
BUFFER
0.5'
67.0' RIGHT-OF-WAY
12.0' MEDIAN
(OR TWLTL)
PROPOSED CURB
AND GUTTER
CL
12.0' LANE 6.0'
ROADWAY CENTERLINE
ROW CENTERLINE
35.5' HALF RIGHT-OF-WAY
RI
G
H
T
-
O
F
-
W
A
Y
RI
G
H
T
-
O
F
-
W
A
Y
12.0' PATHWAY
5.0'
BUFFER
0.5'
12.0' LANE6.0'
31.5' HALF RIGHT-OF-WAY
0.5'
67.0' RIGHT-OF-WAY
45.5' RIGHT-OF-WAY DEDICATION BY OTHERS
14.0'
21.5' RIGHT-OF-WAY DEDICATION
EXISTING PROPERTY LINE
4 LOOKING EAST
PROPOSED 168TH ST NE ROAD SECTION (SEGMENT 4)
CL
12.0' LANE 6.0'
35.5' HALF RIGHT-OF-WAY
RI
G
H
T
-
O
F
-
W
A
Y
RI
G
H
T
-
O
F
-
W
A
Y
12.0' PATHWAY
5.0'
BUFFER
0.5'
12.0' LANE6.0'
31.5' HALF RIGHT-OF-WAY
DEDICATION BY OTHERS
0.5'
67.0' RIGHT-OF-WAY
12.0' MEDIAN
(OR TWLTL)
12.0' MEDIAN
(OR TWLTL)
CL
12.0' LANE 6.0'
ROADWAY CENTERLINE
ROW CENTERLINE
35.5' HALF RIGHT-OF-WAY
RI
G
H
T
-
O
F
-
W
A
Y
RI
G
H
T
-
O
F
-
W
A
Y
12.0' PATHWAY
5.0'
BUFFER
0.5'
12.0' LANE6.0'
31.5' HALF RIGHT-OF-WAY
0.5'
67.0' RIGHT-OF-WAY
45.5' RIGHT-OF-WAY DEDICATION BY OTHERS
14.0'
21.5' RIGHT-OF-WAY DEDICATION BY OTHERS
EXISTING PROPERTY LINE
12.0' MEDIAN
(OR TWLTL)
N
0 100 200
1" = 100 FEET
GRAPHIC SCALE
500
PARCEL C NOT A PART OF PROJECT
FACILITY TO REMAIN1
EX-C
2
EX-C
3
EX-C
168TH ST NE
SEGMENT 1
168TH ST NE
SEGMENT 2
168TH ST NE
SEGMENT 3 168TH ST NE
SEGMENT 4
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
CITY TO ACQUIRE
RIGHT-OF-WAY
4
EX-C
Civil Engineers
Structural Engineers
Landscape Architects
Community Planners
Land Surveyors
Neighbors
T A C O M A
2215 North 30th Street, Suite 300, Tacoma, WA 98403253.383.2422TEL
S E A T T L E
316 Occidental Avenue South, Suite 320, Seattle, WA 98104206.267.2425TEL
PROPOSED PAVEMENTPROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENT
PROPOSED PATHWAY
PROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENTPROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENT
PROPOSED PATHWAY
PROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENTPROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENT
PROPOSED PATHWAY
PROPOSED CURB
PROPOSED CURB
AND GUTTER
PROPOSED PAVEMENTPROPOSED CURB
PROPOSED CURB
AND GUTTER
ROADWAY CENTERLINE
ROW CENTERLINE
EXISTING PROPERTY LINE
PROPOSED SIDEWALK
8.0' SIDEWALK5.0'
BUFFER
PROPOSED SIDEWALK
8.0' SIDEWALK5.0'
BUFFER
PROPOSED SIDEWALK
8.0' SIDEWALK5.0'
BUFFER
{04136445.DOCX;13 }
EXHIBIT D
Scope of Work – Corridor Study
Corridor Analysis – Scope of work
SR 531 from 27th Ave NE (Marysville) to 67th Ave NE (Arlington/Snohomish County)
Panattoni has proposed an industrial building be constructed on the corner of 43rd Ave NE and SR 531
(172nd St NE) within the City of Arlington. This corridor is the only east west corridor serving the Cascade
Industrial Center, and the Smokey Point area, and carries heavy traffic loads throughout the day. In
order to fully understand, plan, and mitigate for the effects of the proposed project on this roadway, the
City of Arlington is requiring a corridor analysis for the roadway segment from 27th Ave NE in Marysville
to 67th Ave NE in Arlington. This corridor analysis shall include the following:
Corridor Analysis of Alternatives
Analysis of Existing Traffic Conditions
Determine the existing levels of service and travel patterns at the key intersections and roadway
segments within the study area. Identify deficiencies in the existing transportation system. The
volumes generated in this task form the basis for the future traffic analyses and the
development of improvement alternatives. Using Simtraffic or similar traffic modeling software
and all currently available traffic data, model the existing corridor and intersections during peak
AM and PM traffic periods.
Intersections to be included;
• 172nd/27th Ave NE
• 172nd/I-5 Southbound
• 172nd/I-5 Northbound
• 172nd/Smokey Point Blvd
• 172nd/43rd Ave NE
• 172nd/51st Ave NE
• 172nd/59th Ave NE
• 172nd/67th Ave NE
The corridor segments between these intersections shall be included in the analysis
Future Proposed Baseline Conditions
Using an acceptable traffic modeling program, and agreed upon growth data, model the
proposed corridor with the proposed improvements expected in the next 20 years.
• Restriction of unprotected left turn movements on SR 531 from SPB to 43rd
• Expansion of SR 531 to a 5 lane section with no unprotected left turn movements from
43rd to 67th
• Creation of the new 3 lane roadway 168th/169th from Smokey Point Blvd to 59th Ave NE
• Creation of the new 3 lane roadway 173rd from Smokey Point Blvd to 51st Ave NE
(Airport Blvd)
Additional intersections to be included;
• 172nd/40th Ave NE
• 169th/SPB
• 169th/40th Ave NE
• 169th/43rd Ave NE
• 169th/51st Ave NE
• 169th/59th Ave NE
• 173rd/51st Ave NE
• 173rd/43rd Ave NE
• 174th/SPB
The corridor segments between these intersections shall be included in the analysis
Alternatives
Using the model evaluate the future conditions using the following alternatives and provide
feedback on the appropriate combination of improvements that will best benefit the corridor
• Roundabout at SR 531 and SPB
• Access improvements at SR 531 and I-5
• Southern eastbound bypass route of 168th/169th
• Northern westbound bypass route of 173rd/174th
Additional intersections to be included;
• 172nd/Smokey Point Drive (eastbound)
• 172nd/Smokey Point Drive (westbound)
Recommendations
A report shall be created that summarizes the results and provides recommendations.
Digital copies of the model will be provided to the City of Arlington and WSDOT.
City of Arlington Council Agenda Bill Item: NB #1 Attachment E
improvements for up to $40,000. It is in the public interest of the County to participate in joint projects with cities to increase recreational opportunities. The City of Arlington has also budgeted $100,000 for repairs at Evans Park. Planned repairs include: replace backstop, install ADA
City of Arlington Council Agenda Bill Item: NB #2 Attachment F
during his tenure on Planning Commission, and is interested in taking on his 5th
each new member appointed (except those appointed to fill unexpired terms) shall be for six years.
Michael Thomas
Arlington, WA 98223
✔
02/09/2021
I have been honored to serve as a planning commissioner for the City of Arlington for over 25
years and would be pleased to continue serving in this capacity.
With the Planning Commission being the advisory board to the City Council, I have been
directly involved with helping to develop the City’s plans and development regulations. I have
experience acting on the City’s Design Review Board, reviewing development projects for
consistency with the City’s design guidelines, and have been involved with updates to the
City’s GMA plan.
As the city continues to grow and planning remains crucial to keeping our city the best place
to live, work, and play, I am interested in continuing to serve as a planning commissioner.
Thank you for your consideration.
City of Arlington Council Agenda Bill Item: NB #3 Attachment G
and B-76 have become completely inoperable, and we have estimates for their repair of over $6,000.00, which exceeds the value of the vehicles. CE-1 is still operable, only because we have continued to have repairs made on an ongoing basis. We intend to surplus both B-75 and B-76 this