HomeMy WebLinkAbout07-26-21 Council WorkshopSPECIAL 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.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1.Memorandum of Understanding with Port of Everett ATTACHMENT A
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jesica Stickles
2.Low Bid Award for Wastewater EQ Basin ATTACHMENT B
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
3.Low Bid Award for Lift Station #16 ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
4. Murraysmith Contract Amendment #3 ATTACHMENT D
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
5.Apparent Low Bid for 59th Avenue Complete Streets Project ATTACHMENT E
Staff Presentation: Nova Heaton
Council Liaison: Mayor Pro Tem Jesica Stickles
6. Development Agreement for the Outpost at Smokey Point ATTACHMENT F
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
Arlington City Council Workshop
Monday, July 26, 2021 at 7:00 pm
City Council Chambers – 110 E Third 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.
7. Development Agreement for Centennial Park PH I & PH II ATTACHMENT G
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
8. June Financial Report ATTACHMENT H
Staff Presentation: Kristin Garcia
9. June Community and Economic Development Report ATTACHMENT I
Staff Presentation: Marc Hayes
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
evaluate the advantages of entering into a partnership agreement or lease regarding the Cascade Industrial Center for job development; evaluate opportunities to partner with Washington State University for a possible center of excellence in green manufacturing and robotics or other
MEMORANDUM OF UNDER STANDING
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") takes effect August 1,
2021 by the undersigned parties (each a "Party" and together the "Parties").
WHEREAS, City of Arlington, a Washington municipal corporation (the "City"), and Port of
Everett, a Washington port district (the "Port") have a common interest in job growth, tax base expansion,
supporting international trade, and growth in key industries of, by way of example, food production,
wood products, clean energy, and construction (collectively, the "C ommon Goals").
WHEREAS, this Memorandum expresses the intention of the Parties to continue to work together
in achieving the Common Goals. The Parties have been working cooperatively and wish to memorialize
that relationship in the Memorandum.
NOW, THEREFORE, the Parties hereby agree as follows:
1. The Parties will work together and collaborate in exploring the following strategies to
achieve the Common Goals:
(a) Supporting employer recruitment to the Cascade Industrial Center including
assessment, financial consulting, and outreach;
(b) Evaluate the advantages of entering into a partnership agreement or lease
regarding the Cascade Industrial Center, for job development;
(c) Evaluate opportunities to partner with Washington State University for a
possible center of excellence in green manufacturing and robotics or other opportunities as they
may arise;
(d) Evaluating the advantages of expanding the boundary of the Port' s district to
include all or portions of the Cascade Industrial Center; and
Goals. (e) Considering other strategies that may assist in achieving the Common
2. This Memorandum shall be effective until August 31, 2023.
3. Neither Party will be obligated to incur any third-party costs and liabilities in
performing the activities anticipated under this Memorandum. Both Parties shall incur all costs and
liabilities of their own employees. The Memorandum is not intended to create any third-party benefit unless
specifically agreed to in writing by the Parties.
4. The terms as outlined herein are agreed to by both parties. This Memorandum is
non-binding.
- 1 -
5. The terms as outlined herein are agreed to by both parties. This Memorandum is
non-binding.
IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date first written above.
Port of Everett
a Washington port district
By: ___________________________________________
Name: ___________________________
Title: ____________________________
City of Arlington
a Washington municipal corporation
By: ____________________________
Name: __________________________
Title: ___________________________
- 2 -
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
2021-2022 Budgeted – amendment needed LEGAL REVIEW: DESCRIPTION: Review of bids for the WRF Permeate Equalization Project and award of project to low bidder. HISTORY: The November 2019 NPDES permit reissuance required the City to perform several maintenance and improvement projects to the WRF. These improvements include: 1) conversion of Arlington Water Reclamation Facility membrane basin #6 into a permeate equalization basin, 2) adding effluent controls and monitoring systems, 3) installation of a reclaimed water metering system, 4) replacement of the existing digested sludge pumps with positive displacement pumps, and 5) system integration (programming).
Item Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 1 LS 116,276.00$ 116,276.00$ 72,892.00$ 72,892.00$ 135,000.00$ 135,000.00$ 70,000.00$ 70,000.00$ 52,672.00$ 52,672.00$ 135,000.00$ 135,000.00$
2 1 LS 70,783.00$ 70,783.00$ 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 7,000.00$ 7,000.00$ 1,874.00$ 1,874.00$ 7,500.00$ 7,500.00$
3 1 LS 53,700.00$ 53,700.00$ 92,000.00$ 92,000.00$ 78,000.00$ 78,000.00$ 70,000.00$ 70,000.00$ 129,595.00$ 129,595.00$ 105,000.00$ 105,000.00$
4 1 LS 91,163.00$ 91,163.00$ 135,000.00$ 135,000.00$ 174,000.00$ 174,000.00$ 160,000.00$ 160,000.00$ 138,259.00$ 138,259.00$ 158,000.00$ 158,000.00$
5 1 LS 569,102.00$ 569,102.00$ 230,000.00$ 230,000.00$ 200,000.00$ 200,000.00$ 260,000.00$ 260,000.00$ 288,314.00$ 288,314.00$ 235,000.00$ 235,000.00$
6 1 LS 164,450.00$ 164,450.00$ 675,000.00$ 675,000.00$ 621,500.00$ 621,500.00$ 663,000.00$ 663,000.00$ 722,247.00$ 722,247.00$ 740,000.00$ 740,000.00$
7 1 LS 163,565.00$ 163,565.00$ 80,000.00$ 80,000.00$ 92,000.00$ 92,000.00$ 85,000.00$ 85,000.00$ 65,980.00$ 65,980.00$ 56,000.00$ 56,000.00$
8 1 LS 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$
1,279,039.00$ 1,337,892.00$ 1,355,500.00$ 1,365,000.00$ 1,448,941.00$ 1,486,500.00$
117,671.59$ 123,086.06$ 124,706.00$ 125,580.00$ 133,302.57$ 136,758.00$
1,396,710.59$ 1,460,978.06$ 1,480,206.00$ 1,490,580.00$ 1,582,243.57$ 1,623,258.00$
Date: July 15, 2021
Award ConstructionEngineer's Estimate Apparent Low Bidder
Mcclure & Sons Inc.
Strider Construction Hawk Mechanical
Digested Sludge Pumps
Permeate Equalization
Force Account Work
Systems Integration
Electrical Work
Total Bid Amount
Sales Tax 9.2%
Total
IMCO Construction
WRF Permeate Equalization and Digested Sludge Pumping
Description
Mobilization/Demobilization, Bonds & ins.
Reclaimed Water Flow Meter Vault
Reclaimed Water and Effulent Monitoring
City of Arlington Council Agenda Bill Item: WS #3 Attachment C
(Budget Amendment Needed) LEGAL REVIEW: DESCRIPTION: Review of bids for the Cascade Industrial Center Lift Station 16 Project and award of project to low bidder. HISTORY: The full project was not budgeted, but because of accelerated development in the Cascade Industrial Center, these utilities need to be installed. The additional funds are available in the Sewer Capital Fund. The City contracted with Murraysmith for completion of the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is Equity Builders, Inc. with a bid in the
Item
No.
DESCRIPTION WSDOT Spec
Ref Sect.
Approx.
Qty.Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Phase 1 Bid Schedule
1 Record Drawings SP 1-05 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 800.00$ 800.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$
2 Mobilization SP 1-09 1 LS 58,540.00$ 58,540.00$ 49,000.00$ 49,000.00$ 95,000.00$ 95,000.00$ 60,500.00$ 60,500.00$ 150,000.00$ 150,000.00$ 80,700.00$ 80,700.00$ 85,000.00$ 85,000.00$
3 Gravel Borrow, Incl. Haul SP 2-03 1 LS 66,442.00$ 66,442.00$ 500.00$ 500.00$ 10,000.00$ 10,000.00$ 57,250.00$ 57,250.00$ 8,000.00$ 8,000.00$ 73,200.00$ 73,200.00$ 105,000.00$ 105,000.00$
4 Shoring or Extra Excavation Class B SP 2-09 1 LS 348,955.00$ 348,955.00$ 390,000.00$ 390,000.00$ 330,000.00$ 330,000.00$ 360,000.00$ 360,000.00$ 510,000.00$ 510,000.00$ 444,200.00$ 444,200.00$ 375,000.00$ 375,000.00$
5 Dewatering SP 2-13 1 LS 40,000.00$ 40,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
6 Manhole 96 in. Diam. Type 3 SP 7-05 1 EA 27,000.00$ 27,000.00$ 92,000.00$ 92,000.00$ 160,000.00$ 160,000.00$ 199,600.00$ 199,600.00$ 125,000.00$ 125,000.00$ 134,000.00$ 134,000.00$ 325,000.00$ 325,000.00$
7 Manhole Addnl. Ht, 96 in. Diam.SP 7-05 18 LF 1,500.00$ 27,000.00$ 2,000.00$ 36,000.00$ 1,000.00$ 18,000.00$ 1.00$ 18.00$ 200.00$ 3,600.00$ 1,143.00$ 20,574.00$ 1,500.00$ 27,000.00$
8 Erosion Control and Water Pollution Prevention 8-01 1 LS 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$ 2,000.00$ 2,000.00$ 14,200.00$ 14,200.00$ 15,000.00$ 15,000.00$ 14,800.00$ 14,800.00$ 15,000.00$ 15,000.00$
9 PVC Sanitary Sewer Pipe 10 in. Diam.7-17 20 LF 400.00$ 8,000.00$ 230.00$ 4,600.00$ 550.00$ 11,000.00$ 354.00$ 7,080.00$ 300.00$ 6,000.00$ 375.00$ 7,500.00$ 1,000.00$ 20,000.00$
10 Site Piping SP 7-17 1 LS 25,000.00$ 25,000.00$ 44,000.00$ 44,000.00$ 60,000.00$ 60,000.00$ 26,200.00$ 26,200.00$ 35,000.00$ 35,000.00$ 21,000.00$ 21,000.00$ 40,000.00$ 40,000.00$
11 Valve Vault SP 8-30 1 LS 24,000.00$ 24,000.00$ 40,000.00$ 40,000.00$ 30,000.00$ 30,000.00$ 57,200.00$ 57,200.00$ 40,000.00$ 40,000.00$ 52,000.00$ 52,000.00$ 55,000.00$ 55,000.00$
12 Air/Vac Vault SP 8-30 1 LS 12,000.00$ 12,000.00$ 27,000.00$ 27,000.00$ 20,000.00$ 20,000.00$ 34,200.00$ 34,200.00$ 30,000.00$ 30,000.00$ 33,300.00$ 33,300.00$ 40,000.00$ 40,000.00$
Subtotal 643,937.00$ Subtotal 689,100.00$ Subtotal 736,800.00$ Subtotal 818,748.00$ Subtotal 927,600.00$ Subtotal 883,274.00$ Subtotal 1,090,000.00$
Sales Tax (9.2%)59,242.20$ Tax 9.2%63,397.20$ Tax 9.2%67,785.60$ Tax 9.2%75,324.82$ Tax 9.2%85,339.20$ Tax 9.2%81,261.21$ Tax 9.2%100,280.00$
Total 703,179.20$ Total 752,497.20$ Total 804,585.60$ Total 894,072.82$ Total 1,012,939.20$ Total 964,535.21$ Total 1,190,280.00$
Phase 2 Bid Schedule
1 Record Drawings 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 800.00$ 800.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$
2 Mobilization 1 LS 34,620.00$ 34,620.00$ 30,000.00$ 30,000.00$ 50,000.00$ 50,000.00$ 45,000.00$ 45,000.00$ 25,000.00$ 25,000.00$ 50,600.00$ 50,600.00$ 60,000.00$ 60,000.00$
3 Site Modifications 1 LS 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 55,000.00$ 55,000.00$ 17,300.00$ 17,300.00$ 25,000.00$ 25,000.00$ 43,000.00$ 43,000.00$ 30,000.00$ 30,000.00$
4 Submersible Sewage Pumps and Accessories 1 LS 90,000.00$ 90,000.00$ 88,000.00$ 88,000.00$ 93,000.00$ 93,000.00$ 102,000.00$ 102,000.00$ 95,000.00$ 95,000.00$ 102,700.00$ 102,700.00$ 160,000.00$ 160,000.00$
5 Piping and Valves 1 LS 30,000.00$ 30,000.00$ 57,000.00$ 57,000.00$ 47,000.00$ 47,000.00$ 68,200.00$ 68,200.00$ 45,000.00$ 45,000.00$ 84,000.00$ 84,000.00$ 110,000.00$ 110,000.00$
6 Miscellaneous Mechanical 1 LS 15,000.00$ 15,000.00$ 4,000.00$ 4,000.00$ 50,000.00$ 50,000.00$ 4,500.00$ 4,500.00$ 29,000.00$ 29,000.00$ 38,700.00$ 38,700.00$ 35,000.00$ 35,000.00$
7 ATS 1 LS 4,200.00$ 4,200.00$ 4,000.00$ 4,000.00$ 6,700.00$ 6,700.00$ 5,800.00$ 5,800.00$ 65,000.00$ 65,000.00$ 13,800.00$ 13,800.00$ 7,000.00$ 7,000.00$
8 Generator 1 LS 42,000.00$ 42,000.00$ 73,000.00$ 73,000.00$ 82,000.00$ 82,000.00$ 56,700.00$ 56,700.00$ 78,000.00$ 78,000.00$ 93,000.00$ 93,000.00$ 65,000.00$ 65,000.00$
9 MCC 1 LS 65,000.00$ 65,000.00$ 52,000.00$ 52,000.00$ 70,000.00$ 70,000.00$ 64,000.00$ 64,000.00$ 85,000.00$ 85,000.00$ 82,000.00$ 82,000.00$ 70,000.00$ 70,000.00$
10 Lighting 1 LS 7,500.00$ 7,500.00$ 14,000.00$ 14,000.00$ 17,000.00$ 17,000.00$ 14,900.00$ 14,900.00$ 25,000.00$ 25,000.00$ 17,000.00$ 17,000.00$ 18,000.00$ 18,000.00$
11 Instruments 1 LS $7,500.00 7,500.00$ 4,000.00$ 4,000.00$ 13,000.00$ 13,000.00$ 7,000.00$ 7,000.00$ 15,000.00$ 15,000.00$ 9,800.00$ 9,800.00$ 10,000.00$ 10,000.00$
12 SCADA/RTU/Pump Disconnect 1 LS $62,000.00 62,000.00$ 44,000.00$ 44,000.00$ 50,000.00$ 50,000.00$ 52,300.00$ 52,300.00$ 55,000.00$ 55,000.00$ 49,000.00$ 49,000.00$ 50,000.00$ 50,000.00$
13 Site/Bldg. Electrical 1 LS 16,000.00$ 16,000.00$ 153,000.00$ 153,000.00$ 80,000.00$ 80,000.00$ 120,600.00$ 120,600.00$ 79,000.00$ 79,000.00$ 111,700.00$ 111,700.00$ 107,000.00$ 107,000.00$
Subtotal 380,820.00$ Subtotal 528,000.00$ Subtotal 614,500.00$ Subtotal 560,800.00$ Subtotal 626,000.00$ Subtotal 697,300.00$ Subtotal 725,000.00$
Sales Tax (9.2%) 35,035.44$ Tax 9.2% 48,576.00$ Tax 9.2% 56,534.00$ Tax 9.2%51,593.60$ Tax 9.2%57,592.00$ Tax 9.2%64,151.60$ Tax 9.2%66,700.00$
Total 415,855.44$ Total 576,576.00$ Total 671,034.00$ Total 612,393.60$ Total 683,592.00$ Total 761,451.60$ Total 791,700.00$
1,119,034.64$ 1,329,073.20$ 1,475,619.60$ 1,506,466.42$ 1,696,531.20$ 1,725,986.81$ 1,981,980.00$
14 Force Account 1 LS 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$
Final Total 1,139,034.64$ 1,349,073.20$ 1,495,619.60$ 1,526,466.42$ 1,716,531.20$ 1,745,986.81$ 2,001,980.00$
Total Bid Phase 1 & 2
Award Construction
South CIC Utility Improvements Lift Station 16 Project
Engineer's Estimate Apparent Low Bidder
Equity Builders
July 15, 2021 Gary Harper ConstructionStrider Construction Road Construction NW TayEx
City of Arlington Council Agenda Bill Item: WS #4 Attachment D
replaced before the roads are resurfaced. Design and construction work has been completed for years 2018, 2019, and 2020. The City had requested additional design work for year 2021 which included additional paving, additional ADA ramp replacement, and additional water main replacement work. In addition, there were multiple requests made by WSDOT for the Smokey Point Boulevard Overlay project. Funding for this work will be divided among Utility CIP Funds and TBD funds.
19-2719 MURRAYSMITH Amendment No. 3
June 2021 City of Arlington - 1
EXHIBIT A-3
Amendment No. 3 To the Scope of Services
Utility Improvement and Pavement Preservation Project –
2020-2021 and Smokey Point Blvd
City of Arlington
Project Background and Approach
Murraysmith, Inc. (Murraysmith) is under contract with the City of Arlington (City) to provide
engineering services for the Utility Improvement and Pavement Preservation (UPP) Project – 2020-
2021 and Smokey Point Boulevard (SPB) Pavement Preservation (dated December 3, 2019). The
UPP part of the project focuses on replacing non-ductile iron water main, minor improvements to
existing sanitary sewer and stormwater structures, pavement preservation, and curb ramp
replacement within project sites identified by the City and shown on the 30% design plans.
Preliminary design for years 2020 and 2021 was completed by Murraysmith in July 2018 under a
separate contract. Preliminary design for SPB is included in this contract. Construction for Year
2021 UPP and SPB projects will occur in 2021.
Additional Services Summary
Additional engineering services are described in the following sections. Exhibit A-3 provides the
fee estimate for the additional work, totaling $23,093. However, the total requested for this
Amendment No. 3 is $18,125 because budget remaining from other tasks have already been
applied towards the out of scope total. This amendment No. 3 request includes budget to
complete Task 501, Bidding Services for the Smokey Point Blvd project.
2021 Utility Improvements and Pavement Preservation Project
Murraysmith developed this scope of services and fee estimate based on requested additional
engineering services per discussions with City staff. Additional services are required to:
Update drawings, specifications, and opinion of probable construction cost (OPCC) to
incorporate two additional areas of work to replace non-ductile iron water main, water
meters, and improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd
Street. This work will be added to Sheet U7.
19-2719 MURRAYSMITH Amendment No. 3
June 2021 City of Arlington - 2
Update drawings, specifications and OPCC to incorporate approximately 2,910 linear feet
(LF) of additional pavement restoration along N. French Avenue, starting south of E. 4th
Street and N. French Avenue to the existing pavement seam at E. Highland Drive and N.
French Avenue NW Intersection. This work also includes evaluation and replacement of
four (4) additional curb ramps at the intersection of N. French Avenue and E. 1st Street and
evaluation and design for regrading 4th Avenue between N Macleod Avenue and N
Dunham Avenue to remove the hump in the roadway. Three (3) new paving plan sheets
and two (2) new channelization sheets will be needed for this work.
Update drawings, specifications and OPCC to incorporate outstanding paving along Park
Hill Drive from the 2020 UPP Project. This work will update and include two (2) existing
plan sheets from the 2020 UPP set.
Update drawings, specifications and OPCC to incorporate channelization from the 2020
UPP project, excluding UPP 2020 Add Alternatives One and Two. Two (2) additional
channelization plan sheets and one (1) channelization overview sheet to show locations
and alignments will be needed for this work. Roadway alignment numbering in the UPP
2021 and 2020 sets will need to be revised to incorporate the UPP 2020 work.
Update drawings, specifications and OPCC to incorporate Add Alternate One which
includes approximately 290 LF of pavement restoration on N. Washington Avenue
between E. 1st Street and E. 3rd Street and portions of E. 2nd Avenue extending from N.
Washington Avenue to N. Gifford Avenue. Work also includes evaluation and replacement
of three (3) curb ramps at the intersection of N. Washington Avenue and E. 2nd Avenue.
Two (2) additional paving sheets will be needed for this work.
Smokey Point Boulevard
Murraysmith developed this scope of services and fee estimate based on requested additional
engineering services per discussions with City staff. Additional services are required to:
Add approximately 600 LF of precast dual faced mountable traffic curb along the centerline
of SPB.
Revise channelization from matching existing with Raised Pavement Markers (RPMs) per
Snohomish County standards as originally scoped to polymethyl methacrylate (PMMA) and
RPMs per Snohomish County, Washington Department of Transportation (WSDOT), and
City of Marysville standards.
Additional engineering services include the following tasks.
19-2719 MURRAYSMITH Amendment No. 3
June 2021 City of Arlington - 3
Task 301 – Final Design for 2020 and 2021 UPP (90% Design Completion
Level)
301.1 Final Design (90%) – Utility Improvement
Plans, Specifications, and OPCC
o Additional replacement of non-ductile iron water main, water meters, and
improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd Street.
301.2 Final Design (90%) – Pavement Preservation
Plans, Specifications, and OPCC
o Additional pavement restoration along N. French Avenue and evaluation and
replacement of four additional curb ramps.
o Include Park Hill Pavement restoration from the UPP 2020 project in the UPP 2021
construction documents.
Murraysmith Deliverables
Additional design elements to be incorporated into the project deliverables of the original
contract for this task.
Assumptions
See Additional Services Summary above.
Task 302 – Final Design for 2020 & 2021 UPP (Signed Bid Package)
302.2 Final Design (Signed Bid Package) – Utility Improvement
Plans, Specifications, and OPCC
o Additional replacement of non-ductile iron water main, water meters, minor
improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd Street.
302.2 Final Design (Signed Bid Package) – Pavement Preservation
Final Bid Ready Plans, Specifications, and OPCC
o Additional pavement restoration along N. French Avenue and evaluation and
replacement of four additional curb ramps.
o Include Park Hill Pavement restoration from the UPP 2020 project.
19-2719 MURRAYSMITH Amendment No. 3
June 2021 City of Arlington - 4
o Add Alternate includes replacement of curb ramps and pavement restoration on N.
Washington Avenue and portions of E. 2nd Avenue.
Murraysmith Deliverables
Additional design elements to be incorporated into the project deliverables of the original
contract for this task.
Assumptions
See Additional Services Summary above.
The final bid package for 2021 will include an additional bid schedule for the Add Alternate
#1 work.
Task 402 – Final Design for SPB (90% Design Completion Level)
402.1 Final Design (90%) – Pavement Preservation
Plans, Specifications, and OPCC
o Include approx. 610 LF of precast dual faced mountable traffic curb along the
centerline of Smokey Point Blvd.
o Revise channelization from ‘match existing’ with RPMs per Snohomish County
standards as originally scoped to PMMA per Snohomish County, WSDOT, and City
of Marysville standards.
Murraysmith Deliverables
Additional bid items needed as part of this amendment work will be incorporated into the
final bid package for 2021.
Additional design elements to be incorporated into the project deliverables of the original
contract for this task.
Assumptions
See Additional Services Summary above.
Task 403 – Final Design for SPB (Signed Bid Package)
403.1 Final Design (Signed Bid Package) – Pavement Preservation
Plans, Specifications, and OPCC
19-2719 MURRAYSMITH Amendment No. 3
June 2021 City of Arlington - 5
o Include approx. 610 LF of precast dual faced mountable traffic curb along the
centerline of SPB.
o Revise channelization from ‘match existing’ with RPMs per Snohomish County
standards as originally scoped to PMMA per Snohomish County, WSDOT, and City
of Marysville standards.
Murraysmith Deliverables
Additional design elements to be incorporated into the project deliverables of the original
contract for this task.
Assumptions
See Additional Services Summary above.
EXHIBIT A-3
Utility Improvement & Pavement Preservation Project - 2020-2021 and Smokey Point Blvd
CITY OF ARLINGTON
PROPOSED FEE ESTIMATE - AMENDMENT NO. 3
ESTIMATED FEES
Principal
Engineer VI
Professional
Engineer VII
Professional
Engineer III
Engineering
Designer II Technician IV Administrative I Hours Labor Expenses Total
TCL JES DJB NCB HCM JFW
Task 301 - Final Design for 2020 & 2021 (90% Design Completion Level)
Task 301.1 - Final Design (90%) - Utility Improvements
Task 301.1.2 - 2021
Task 301.1.2.2 - Plans, Specifications and Estimate 1 2 6 4 13 501$ 72$ 573$
Task 301.2 - Final Design (90%) - Pavement Preservation
Task 301.2.2 - 2021
Task 301.2.2.2 - Plans, Specifications and Estimate 3 15 30 13 1 62 2,297$ 234$ 2,531$
Task 301 Subtotal 0 4 17 36 17 1 75 2,798$ 306$ 3,104$
Task 302 - Final Design for 2020 & 2021 UPP (Signed Bid Package)
Task 302.1 - Final Design (Signed Bid Package) - Utility Improvement
Task 302.1.2 - 2021
Task 302.1.2.2 - Plans, Specifications and Estimate 1 2 4 4 11 435$ -$ 435$
Task 302.2 - Final Design (Signed Bid Package) - Pavement Preservation
Task 302.2.2 - 2021
Task 302.2.2.2 - Plans, Specifications and Estimate 3 8 16 10 1 38 1,452$ 180$ 1,632$
Task 302 Subtotal 0 4 10 20 14 1 49 1,887$ 180$ 2,067$
Task 402 - Final Design for Smokey Point Blvd (90% Design Completion Level)
Task 402.1 - Final Design (90%) - Pavement Preservation
Task 402.1.2 - Plans, Specifications and Estimate (90%)4 6 16 6 1 33 1,267$ 108$ 1,375$
Task 402 Subtotal 0 4 6 16 6 1 33 1,267$ 108$ 1,375$
Task 403 - Final Design for Smokey Point Blvd (Signed Bid Package)
Task 403.1 - Final Design (Signed Bid Package) - Pavement Preservation
Task 403.1.2 - Plans, Specifications and Estimate 2 3 8 4 17 663$ 72$ 735$
Task 403 Subtotal 0 2 3 8 4 0 17 663$ 72$ 735$
TOTAL - ALL TASKS 0 14 36 80 41 3 174 6,614$ 666$ 7,280$
$0 $837 $1,339 $2,610 $1,749 $80 $ 6,614
$0 $2,535 $4,054 $7,900 $5,294 $241 $ 20,024
$0 $2,839 $4,540 $8,848 $5,929 $270 $ 22,427 $ 666 $ 23,093
$ 23,093
Total
Out of Scope Work Total $ 23,093
Current Budget Overage Total $ 15,091
Work Remaining - Task 502 SPB Bidding Assistance $ 3,034
Amendment Total Requested $ 18,125
Total Fee
Total Labor Cost (Overhead on DSC), 202.74%
Subtotal Direct Salary Cost (DSC)
Total Fee (Total Labor Cost), 12% Profit plus Expenses
City of Arlington
June 2021
\\ad.msa-ep.com\Portland\PDX_BD\Clients\Arlington, WA\2020-2021 Utility Imp & Pavt Pres\Scope-Fee-Contract\Amendment No. 3\Update 2021.06.17\Exh A-3 - Amendment No. 3_Final_Updated
Murraysmith Utility Improvement & Pavement Preservation Project – 2020-2021 and Smokey Point Blvd.
Page 1
City of Arlington Council Agenda Bill Item: WS #5 Attachment E
Complete Streets funding. The Transportation Improvement Board responded with an award of funding for $600,000. The Boys and Girls Club requested Department of Commerce funding for parking lot improvements and were awarded $519,400.00 to improve parking areas on City owned
City of Arlington Council Agenda Bill Item: WS #6 Attachment F
construction of a Roundabout at the intersection of 168th St NE/51st Ave. NE., the use of Park Impact Fees for a portion of construction of the Community Building (restrooms/sewer lift station)
that will consist of 500 apartments, 70,000 SF of retail space, 22,000 SF office space, 104,000 SF Public Park Space with public restrooms and 104,200 mini park space. The applicant is also constructing frontage improvements along 51st Ave., 43rd Ave. and constructing a roundabout at the intersection of 51st Ave/ 168th St. The applicant is also installing both sewer and water main extensions to provide for offsite connections to serve the south CIC area. The City recognizes the public benefits which will occur from the permanent development of the property as proposed by the Developer, including the Roundabout, 51st Ave. frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of traffic impact fees, park impact fees and connection fee credits to construct the Roundabout, Community Building and mainline extensions in lieu of paying, all, impact fees in cash. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on
City of Arlington Council Agenda Bill Item: WS #6 Attachment FALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the August 2, 2021 Council meeting, the recommended motion will be, “I move to approve the resolution approving the development agreement with Arlington 51st Street, LLC., and authorize the Mayor to sign the development agreement.”
RESOLUTION NO. 2021 – XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
APPROVING A DEVELOPMENT AGREEMENT WITH
ARLINGTON 51ST STREET, LLC
WHEREAS, Arlington 51st Street, LLC (“Developer”) intends to develop a Mixed-Use
project and associated improvements (“Project”) on real property located at 16612 51st Avenue
NE, Arlington, Washington; and
WHEREAS, Developer requested that the City of Arlington and Developer enter into a
development agreement pursuant to the terms of Chapter 20.39 of the Arlington Municipal
Code to set forth development standards and other provisions that will govern and vest the
Project; and
WHEREAS, pursuant to RCW 36.70B.200, the Arlington City Council held a public hearing
on August 2, 2021 regarding the proposed development agreement, and, after considering all
testimony presented at the public hearing, determined that the development agreement
should be approved.
NOW, THEREFORE, the Arlington City Council resolves as follows:
1. The Development Agreement attached hereto as Exhibit A is approved and the
Mayor is authorized to sign the agreement.
2. As provided in RCW 36.70B.190, the Development Agreement shall be recorded
with the real property records of Snohomish County, Washington and shall be binding on the
parties and their successors and assigns.
ADOPTED by the City Council and APPROVED by the Mayor this 2nd day of August, 2021.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
EXHIBIT A
Development Agreement 1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59TH AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT DEVELOPER(S): Arlington 51st Street, LLC.
GRANTEE(S): City of Arlington, Washington
LEGAL (Abbrev.): THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 31 NORTH,
RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; TOGETHER WITH THE
SOUTH 14 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE
WILLAMETTE MERIDIAN; EXCEPT THAT PORTION THEREOF LYING
WITHIN 51ST AVENUE NE; AND EXCEPT MOBILE HOME(S)
IMPROVEMENTS THEREON. SITUATE IN THE COUNTY OF SNOHOMISH,
STATE OF WASHINGTON.
ASSESSOR'S TAX#: 31052800100900
REFERENCE #: 51st Avenue Urban Village CUP PLN #664 and The Outpost at
Smokey Point Binding Site Plan PLN #633
The parties to this agreement are the City of Arlington, a Washington municipal corporation
("City"), and Arlington 51st Street, LLC, a Washington limited liability company
(“Developer"). All references herein to Developer shall be deemed to include any successors
and/or assigns of Arlington 51st Street, LLC. The parties do enter into the following
agreement to promote the development of certain real property located within the City, upon
the following terms and conditions ("Agreement").
1.0 RECITALS
1.1 Location of Property. Developer warrants that it controls certain real property located
at 16612 51st St NE, ARLINGTON, WA 98223, being more particularly described in
Exhibit A (hereafter “the Property”).
Development Agreement 2
1.2 Zoning. The Property is zoned General Commercial and located within a Mixed Use
Overlay Zone, which allows the property to be utilized proportionately for both
commercial/retail and high density residential uses.
1.3 Permanent Use. The Developer wishes to develop an urban mixed use village on the
Property that includes commercial buildings, mixed used residential buildings, residential
buildings and live work simple fee buildings, in accordance with the City’s Mixed Use
Development Regulations, Chapter 20.110 AMC, Ordinance No. 2017-021, adopted on
December 28, 2017 (“Mixed Use Development Regulations”).
1.4 Binding Site Plan. As part of the proposed development, the Developer has filed a
Binding Site Plan Application, filed under City File No. PLN# 633 – BSP (“the Project”).
Through this application, the Developer seeks approval of a Binding Site Plan that will fix
and establish the development of the Property in a form that is consistent with the
requirements of the City. The Binding Site Plan proposes a division of the 20.03 acres into
Sixteen (16) lots (Lots 1-16), with Lots 3-4 (comprised of 2.975 acres) being developed for
144 units of mixed use development apartments, Lot 5-6 (comprised of 2.688 acres) being
developed for 144 units of mixed use development apartments and Lot 7-8 (comprised of
2.739 acres) being developed for 144 units of mixed use development apartments, Lot 1-2,
15-16 (combined 2.645 acres) proposed as a build to suit commercial building, Lots 9-10,
13-14 (combined 2.414 acres) developed for mixed use commercial buildings, Lot 11 (1.463
acres) for one 48 unit multifamily building, Lot 12 (2.821 acres) that will have a one acre
park and 16 live work simple fee units to be divided through a land use application in the
future and a total of 2.35 acres are being dedicated as public Right of Way (168th St. NE and
Smokey Point Blvd, 51st Street NE and 47th Street NE). Each parcel will be required to apply
for individual land use permits, but shall provide continuity in design features throughout the
development of the individual parcels. The Binding Site Plan shall be referred to herein as the
“BSP” or “Binding Site Plan.”
1.5 Use of Traffic Impact Fees. Traffic Impact Fees were calculated in the amount of
$1,251,415.00 for all phases of the project. As identified in the Conditional Use Permit PLN
#634 and Binding Site Plan PLN#633, the City and the Developer, have agreed that the
following roadway improvements will be constructed as public roadway by the Developer.
The Developer is obligated to construct ¾ street improvements for 168th St. NE, an east-west
connector street, along the entire northern boundary of the subject property, as described on
the civil plans for the project PWD #2204. The use of Traffic Impact Fees associated with the
proposed project, in an amount determined by an Engineers Estimated Cost of Construction,
provided by the developer’s engineer, not to exceed $777,944.15, may be utilized for the
168th St. NE roadway construction. If the 168th St. NE roadway improvements are
constructed by adjacent development, then the Transportation Impact Fees that were to be
utilized for the 168th improvements, may be utilized for the construction of the roundabout at
the intersection of 168th St. NE and 51st Ave. NE. The Developer is also required to construct
47th Ave. NE as a Public Roadway, with ½ width street improvements, along the entire
western boundary of the subject property, as described on the civil plans for the project. The
City will help to facilitate, if required, the cooperation of the land owner of parcel
31052800100700 in granting a temporary construction easement for the construction of the
Development Agreement 3
47th Ave. 1/2 street improvements required by the project. With the explicit approval of both
the Fire Marshal and the Community and Economic Development (CED) Department, the
City of Arlington may also allow the developer to defer construction of 47th Ave. until after
the completion of Phase 4. The Developer is also required to construct frontage
improvements on 51st Ave NE along the entire length of the eastern boundary of the subject
property. The frontage improvements will consist of, but not limited to, roadway widening,
curb/gutter and sidewalk, planter strip, street trees and drainage features, as described on the
civil plans for the project. The Developer is obligated to construct a roundabout at the
northeast corner of the property located at the future 168th Ave NE and 51st Ave NE
intersection. The Roundabout will be distinguished as the “Road Improvement” – as further
defined in Section 3.1 below. The City has agreed to allow Developer to construct the
Roundabout in lieu of paying traffic impact fees associated with the development of lots 1-
16. The Transportation Impact Fees for the entire project total $ 1,251,415.00. The
Developer wishes to enter a latecomer’s agreement with the City of Arlington for
reimbursement of any deficit of funds between the traffic impact fee for the project and the
actual cost for design and construction of the roundabout, pursuant to Chapter 12.32
Arlington Municipal Code.
1.6 Use of Park Impact Fees - As a condition of the Binding Site Plan, the Developer will
construct a Sanitary Sewer Lift Station/Public Restroom Building (the “Community
Building”) on lot 12 located in a 1.20 acre central park area. The central park area, and agreed
upon improvements to accommodate food trucks to operate on an ongoing basis, will be
developed during the construction of phase 1 of the project. The Community Building will
also be constructed during phase one (1) and will contain a regional lift station (Lift Station
16) and wet well that will be installed, owned and operated by the City of Arlington on a
permanent easement, as described within the Binding Site Plan for the project. The Developer
is obligated to construct the “Community Building” and the surrounding area on the south
east corner of the lot twelve (12) of the BSP per exhibit A of this agreement. The City of
Arlington is obligated to construct all items that are required for the lift station functions,
these include the wet well, lift station controls, generator, pumps, wiring and service and
anything else reasonably needed for the lift station functions. The Park Impact fee (PIF) for
lots 3 and 4, is a total of $215,568.00. Lots 3 and 4 will be credited the Park Impact Fee to be
applied to both the construction of the Community Building and the agreed upon
improvements to the central park site. The central park area is not just for the use of the
project occupants, but will be available for use by the general public as well.
1.7 Community Building –
• The permanent easement as described in the BSP Project documents includes permanent,
secured occupancy within the Community Building for the building area specifically
dedicated for lift station operations. Unfettered access to the Lift Station portion of
the Community Building shall be available to City of Arlington staff 24 hours a day,
365 days a year.
• The City of Arlington will coordinate and arrange for the installation of electric power
from Snohomish Public Utility District to serve the electric power needs of both Lift
Station 16 and the public restroom. The electric service for this building shall be in the
City of Arlington’s name and the City shall be responsible for all future electric
Development Agreement 4
charges for these purposes.
• The Developer, their heirs or assignees, shall be responsible for the continued and proper
maintenance of the Community Building, including building components associated
with the building area specifically dedicated for lift station operations.
• The City of Arlington will contribute $390,568.00 towards the construction of the
Community Building and agreed upon park improvements in the form of a credit for
$175,000.00 of in-lieu utility connection fees to be applied to the lift station portion of
the building, and a credit of $215,568.00 to be applied to the public restrooms and the
agreed upon park improvements.
1.8 Use of Utility Connection fee - As a condition of the Binding site plan, the City and the
Developer, with the consent of the property owner of all the property within the BSP, have
agreed to the following:
• The developer will construct the communication, water and sewer mainlines described in
the COA South CIC Utilities Part IA project drawings, included herein as Exhibit D.
• The City is required to pursue all easements and ROW associated with these mainline
extension plans.
• The City is required to complete the South CIC Utilities Part 1B project by the end of
year 2021.
• The City and Developer have agreed the Developer will construct the South CIC
Utilities Part 1A mainline project in lieu of paying the sewer and water connection fees
for lots 1-16 of the BSP, based on agreed to reimbursement costs and unit construction
cost provided by the developer and included as Exhibit E.
1.9 Dedication. The dedication of real property for Public Right of Way purposes (to
construct the 168th St. Road Improvements, the Roundabout and the 51st Ave. frontage
improvements) must occur, prior to, or in concert with the Cit y Council approval of this
Development Agreement. The Developer shall provide performance security for the Road
Improvements in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms,
until such time as the Road Improvements are accepted by the City of Arlington. The
Roundabout improvement shall not hold up the certificate of occupancy of buildings on lots 3
or 4. The Roundabout improvement shall be completed before completion of building on Lot 5.
The dedication of permanent easement and access to the lift station building in the central park
area is identified on the BSP. This area will be a dedicated easement area that would allow use
and access for the installation and operation of the sanitary sewer lift station for the City of
Arlington.
1.10 Benefits. The City recognizes the public benefits which will occur from the permanent
development of the property as proposed by the Developer, including the Roundabout, 51st Ave.
frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline
extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of
traffic impact fees, park impact fees and connection fee credits to construct the Roundabout,
Community Building and mainline extensions in lieu of paying, all, impact fees in cash.
1.11 Consistency with Development Regulations. The City and the Developer wish to ensure
Development Agreement 5
that the Property will be developed in accordance, specifically, with the provisions of the Mixed
Use Development Regulations, the Binding Site Plan, in compliance with all applicable City
codes, plans, and development regulations, and in a manner acceptable to the City. These
include, but are not limited to, the current edition of the Arlington Comprehensive Plan
(January 2018) and the Arlington Municipal Code (AMC) specifically including, but not limited
to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title
16), Zoning (Title 20) and the most current edition of the City of Arlington Construction
Standards and Specifications.
1.12 The City and Developer agree that each has entered into this Development Agreement
knowingly and voluntarily and agree to be bound by the terms and conditions of this
Development Agreement.
1.13 The City and the Developer agree that the foregoing terms and recitals are material to this
Development Agreement, and that each party has relied on the material nature of such terms
and recitals in entering this Development Agreement.
1.14 The City Council has authorized the Mayor or City Administrator to enter into this
Agreement following a public hearing held in accordance with RCW 36.70B.200.
2.0 ADOPTION OF BINDING SITE PLAN/REQUIREMENTS OF CITY CODE
2.1 The parties agree as follows regarding the conditions of approval required by AMC
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 provisions of the Binding
Site Plan (BSP).
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 hereof.
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 development of the
BSP property shall be phased by having each separate lot or parcel make application
for permits to develop. The City shall follow all requirements of the State
Environmental Policy Act (SEPA) and all applicable city and state regulations,
including the then-applicable city mitigation requirements; provided, however, the
provisions of this agreement relating to the TIF Credits and PIF Credits for the
construction of the Road Improvements, Frontage Improvements and Lift Station
Building/Public Restrooms (Section 3 of this Agreement) shall be binding and
conclusive on all parties hereto.
Development Agreement 6
d. A yearly evaluation of the project status and phasing shall be provided by the
applicant and reviewed with city staff: The Developer shall provide a written
summary of development status for all lots annually to the City.
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: The parties agree that the City shall take the provisions of this
agreement into consideration when developing any update to its comprehensive plans.
f. Road and storm water design standards that shall apply to the various phases of
the project: The road and storm water design standards that shall apply to the various
phases of the project shall be those provisions of the City codes, plans, and
development regulations, including, but are not limited to, the current edition of the
Arlington Comprehensive Plan (December 2019; the City’s Mixed Use Development
Regulations in effect as of the date of this ordinance; and all other provisions of the
Arlington Municipal Code (AMC) as of the date of the submission of a complete
building permit application specifically including, but not limited to, Water and
Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16),
Zoning (Title 20); and the most current edition of the City of Arlington Construction
Standards and Specifications effective as of the date of the submission of a complete
building permit application.
g. Bulk design and dimensional standards that shall be implemented throughout
subsequent development within the project: The parties agree that all development
shall strictly conform to the City’s Mixed Use Development Regulations in effect as of
the date of this agreement . The Developer agrees that all development of Lots 1-16 of
the Binding Site Plan shall also share a commonality between the building forms and
architectural features, so that the entire development shall appear to be well planned,
designed and constructed, despite any lapse of time in the full development of the BSP
property.
h. The size and range of uses authorized for any nonresidential development within
the project: A minimum of fifty percent (50.0%) of the land included within the
Binding Site Plan may be developed for residential purposes, and the balance shall be
utilized for non-residential development permitted under the City’s zoning code.
i. The minimum and maximum number of residential units for the project: The
parties agree that maximum densities will be governed and limited by development
requirements including, but not limited to, requirements for Open Space, Park/Civic
Space, Parking, dimensional requirements, and the like. Nonetheless, the parties
estimate that a minimum density of fifteen (15) dwelling units per acre shall be
achieved.
j. Any sewer and/or water comprehensive utility plans or amendments required to
be completed before development can occur: Not applicable.
k. 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. Should the Developer fail to construct Lots 1-16 in accordance
with the terms and conditions of the Binding Site Plan within the term of this
Development Agreement 7
agreement (8 years from the date hereof) or any extension of this Agreement, shall
expire and be of no further force or effect, and any future development shall comply
with all City development regulations then in effect.
3.0 CONSTRUCTION OF 47th AVE. NE, 168th ST. NE, ROUNDABOUT AT 168th ST/51st
AVE. INTERSECTION, LIFT STATION BUILDING/PUBLIC RESTROOMS(Community
Building) AND FRONTAGE IMPROVEMENTS ALONG 51st AVE NE.
3.1 Required Road Improvements. The City and Developer agree that 51st Avenue NE., a public
street, shall be widened and improved by the Developer at the Developer’s expense upon and
across the subject property as illustrated in Exhibit B. The street shall be constructed per the
approved engineered drawings for The Outpost at Smokey Point Phase 1 (permit # PWD -2204).
The Developer recognizes that construction of the roadway shall be required to be completed on
or before issuance of a certificate of occupancy for the buildings proposed on Lot 3 and 4.
The City and Developer agree that a Roundabout at the intersection of 51st Ave NE and the
future 168th Ave, a public roadway, shall be constructed by the developer at the Developer’s
expense, within the delineated area, as illustrated in Exhibit C. The City of Arlington is
responsible to secure any additional Right Of Way required to complete the Roundabout at this
intersection from the adjacent properties, and the location of the intersection improvements shall
not impede the construction of any buildings more than shown on lot 15 of the subject BSP,
unless agreed upon by the City of Arlington and the owner of lot 15. The completion of the
Roundabout shall be completed before the certificate of occupancy for the building on Lot 6.
3.2 Use of Traffic Impact Fees for Roundabout Construction. The City and Developer hereby
agree that the development of all lots within the BSP will require the payment of Transportation
Impact Fees pursuant to AMC Chapter 20.90. The City agrees that in lieu of payment of the full
amount of Transportation Impact Fees, the developer of lots 1-16 within the BSP should receive
a credit for the cost of construction for the Roundabout, and the agreed upon amount which
would otherwise be due and payable for Transportation Impact Fees is $ 1,251,415.00, which
both parties agree is reasonable.
3.3 Cost of Construction for Roundabout at 51st Ave./168th St. Based upon the Engineers
Estimated Cost of Construction (EECC), the estimated cost for the construction of the
Roundabout is $1,742,232.00, which amount includes both 10% mobilization and a 15% project
contingency. The difference between the cost of the traffic impact fee and the actual cost of
design and construction of the Roundabout can be recovered in a latecomer’s agreement with the
City of Arlington pursuant to the Arlington Municipal Code.
3.4 Required Park Improvements. The City and Developer agree that a public restroom facility
and combined lift station building, (the Community Building) shall be constructed by the
Developer at the Developer’s expense upon and across the subject property as illustrated in
Exhibit A. The Building shall be constructed per the approved Architectural drawings for the
Outpost at Smokey Point Lift Station (permit # BLD 3619). The elements of the Community
Building, shall consist of, but not be limited to, building excavation, foundation, framing, siding,
Development Agreement 8
roofing, plumbing, electrical, HVAC, insulation, drywall, restroom fixtures, lighting fixtures,
finish doors, paint, finish detail trim. Elements of the park area, shall consist of, but not be
limited to, food truck parking spaces/amenities, sidewalk, concrete paving and sub grade
features, storm drainage, pedestrian lighting, planted medians, pavement markings, signage,
street trees, landscaping, and lawn, all constructed in full compliance with city codes and the
City of Arlington Construction Standards and Specifications in effect at the time of permit
application. The Developer recognizes that construction of the Community Building shall be
required to be completed on or before issuance of a certificate of occupancy for the building
proposed on Lot 3.
3.5 Use of Park Impact Fees for Community Building The City and Developer hereby agree
that the development of all lots within the BSP will require the payment of Park impact fees per
AMC Chapter 20.90. The City agrees that in lieu of payment of the full amount of Park Impact
Fees, the Developer, should receive a credit towards the cost of construction of the Community
Building and agreed upon park improvements, and the agreed upon amount which would
otherwise be due and payable for Park Impact Fees, for Lots 3 and 4, is $ 215,568.00, which
both parties agree is reasonable. The Park Improvements shall be constructed and completed
before the Certificate of Occupancy of the building on lot 4.
3.6 Credit for Cost of Construction for Community Building. Based upon the Architect’s
Estimated Cost of Construction (EECC) by The Woolsey Company dated April 24, 2021, the
City agrees that the estimated cost for the construction of the Lift Station portion of the
Community Building is $730,458.75, which amount includes both 10% mobilization and a 15%
project contingency.
3.7 Required Utility Extension. The City and Developer agree sewer and water mainline
extensions will be constructed per the COA South CIC Utilities Part 1A plans, shall be
constructed by the Developer at the Developer’s expense upon and across the subject property as
illustrated in Exhibit B, with costs for said construction reimbursed in the form of in-lieu
connection fees as detailed in Exhibit C.
3.8 Compliance with State Law. The implementation of the provisions in this Agreement for
required Road Improvements will be done in a manner that is consistent with applicable
Washington law, including the City of Arlington impact fee ordinances.
4.0 CERTAINTY OF DEVELOPMENT AGREEMENT
4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and
any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement
shall be considered enforceable elements of the Arlington Municipal Code. In the case of an
explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement
shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances,
resolutions, rules and regulations, and official policies governing permitted land uses, density,
design, improvement, and construction standards shall be those City ordinances, resolutions,
rules and regulations, and official policies in force at the time of the execution of this
Development Agreement 9
Agreement.
4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent
actions applicable to the property, from applying new rules, regulations, and policies which do
not conflict with those rules, regulations, and policies applicable to the subject property at the
time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally
approving any subsequent development project application on the basis of such new rules,
regulations, and policies.
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 in accordance with Section 6.4 as may be necessary to comply with such state or
federal laws or regulations following modification procedures in Section 6.5 for an amendment
or cancellation.
4.4 Emergency Situations. The City may suspend the issuance of building permits for
the planned 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. 5.0 DISPUTE RESOLUTION
5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms
or conditions of this Agreement, the Developer, the principal of the project applicant, and the
City Administrator shall meet within ten (10) business days after request from any party for the
purpose of attempting, in good faith, to resolve the dispute. The meeting may, by mutual
agreement, be continued to a date certain in order to include other parties or persons, or to
obtain additional information. The parties agree that any meetings so held 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. In the event the parties are unable to reach agreement as
to any dispute, 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. Any aggrieved party may appeal the decision of the City Administrator to
the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules.
6.0 GENERAL PROVISIONS
6.1 Recording. This Agreement shall, following approval by the City Council, 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 Developer's Property.
6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance
Form
Development Agreement 10
with the laws of the State of Washington. Venue for any legal action brought hereunder shall
be in the Snohomish County Superior Court.
6.3 Binding Effect. 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 shall
have the right to assign or transfer all or 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 or rights pursuant to this Agreement.
6.4 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.
6.5 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.
6.6 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. None of the provisions of this Agreement shall be merged by the Statutory
Warranty Deeds or dedication of the Property.
6.7 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.
6.8 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.
6.9 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.
6.10 Notices. All communications, notices and demands of any kind which a party under this
Agreement is required or desires to give to any other party and be either (1) delivered personally,
(2) sent by email transmission with an additional copy mailed first class, or (3) deposited in the
U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
Development Agreement 11
If to the City: City of Arlington
8204 59th Avenue NE
Arlington, WA 98223
Attn: Marc Hayes
Email:mhayes@arlingtonwa.gov
Fax:
If to the Developer: Arlington 51st Street, LLC
702A Metcalf Street
Sedro-Woolley, WA 98284
Attn: Paul Woodmansee
Email: Paul@bykconstruction.com
Fax: (509) 922-2251
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
6.11 Term. Unless extended this Agreement shall automatically expire and the
obligations of the parties cease eight (8) years after the date of its execution, without the
need for further act or documentation. The parties acknowledge and agree that this
Agreement may be extended if necessary, to enable Developer to recoup the cost of the
Road Improvements from the traffic credits remaining on Lots 2, 3, and 4.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set
out next to their signatures.
Development Agreement 12
Liability Company
Approved as to Form:
Development Agreement 13
EXHIBIT A - Boundary area of planned construction for Lift Station and Park Impact Fee Credit.
Development Agreement 14
Exhibit B - 51st Avenue NE widening and improvement area
Development Agreement 15
Exhibit C - 51st Avenue NE and 168th Street NE Roundabout construction area
Development Agreement 16
Exhibit D - COA South CIC utilities part 1A plans
Development Agreement 17
Exhibit E - In Lieu Utility Connection Fee Credit Schedule
The following terms are mutually agreed to regarding the accruing and use of utility fee connection credits:
1.
Exhibit D. Credits shall be applicable for respective water connectio
development. Agreed to water and sewer utility connection fees for
execution of this agreement.
2.
Works Inspector. Work not meeting City of Arlington stand
3.The accounting of credits for service connection fees will be maintained by the Public Works Accountan
connection fee credits shall expire after a term of fifteen (15) years, upon
4.Agreed Expenses – The following summarizes the City of Arlington Agreed to Non-
Outpost at 51st Ave
Agreed to Non-Construction Expenses
Water Sewer
1 UTILITIES CONTRIBUTION TO COMMUNITY BUILDING $175,000.00 $87,500.00
2 PURCHASE OF SURVEY DATA $11,000.00 $5,500.00
TOTAL $186,000.00 $93,000.00
5.Construction Expenses – The following summarizes the estimated unit priced
construction expenses for construction of communication, water and sewer infrastructure
associated with the South CIC Utilities Phase 1A:
Development Agreement 18
City of Arlington
South Cascade Industrial Center Utilities - Part 1A
Construction Cost Estimate
2 EROSION CONTROL AND WATER POLLUTION CONTROL 1 LS $30,000.00
4 SHORING AND TRENCH SAFETY 1 LS $25,000.00
6 GATE VALVE 12" 2 EA $3,000.00
7 CONNECTION TO EXISTING WATER MAIN 1 EA $5,000.00
9 DUCTILE IRON PIPE FOR SAN SEWER FORCE MAIN CASING, 12" DIAM.18 LF $100.00
11 HDPE FOR HDD SAN. SEWER FORCE MAIN, 8" DIAM. DR9 (DIPS) 850 LF $132.00
13 PVC FOR SANITARY SEWER, 10" DIAM. 270 LF $125.00
15 SANITARY SEWER MANHOLE TYPE 1, 48" DIAM. 2 EA $3,000.00
16 SANITARY SEWER MANHOLE INSIDE DROP CONNECTION 1 EA $3,500.00
18 CONNECTION TO EXISTING MANHOLE 1 EA $4,000.00
20 (2)2" DIAM. HDPE CONDUIT FOR FIBER OPTIC (HDD)850 LF $86.00
22 TELECOM CONNECTION (LS12) 1 LS $2,500.00
24 REMOVE AND REPLACE CEMENT CONC. SIDEWALK 10 SY $120.00
25 REMOVE AND REPLACE CEMENT CONC. CURB & GUTTER 10 LF $80.00
26 RECORD DRAWINGS 1 LS $15,000.00
Development Agreement 19
Development Agreement 20
Title 20 - ZONING
Chapter 20.39 DEVELOPMENT AGREEMENTS
Arlington, Washington, Code of Ordinances Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 1 of 3
Chapter 20.39 DEVELOPMENT AGREEMENTS
20.39.005 Development agreements—Authorized.
The city may enter into a development agreement with a person having ownership or control of real
property within its jurisdiction. The city may enter into a development agreement for real property outside its
boundaries as part of a proposed annexation. A development agreement must set forth the development
standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the
development of the real property for the duration specified in the agreement.
(Ord. No. 1452, 9-26-2008)
20.39.010 Development standards defined.
For purposes of this chapter, the term "development standards" means and includes, but is not limited to:
(1)Project elements such as permitted uses, residential densities, and nonresidential densities and
intensities or building sizes;
(2)The amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the property
owner, application fees, administrative charges, inspection fees, drafting fees, or dedications;
(3)Mitigation measures, development conditions, and other requirements under AMC Chapter 20.98;
(4)Design standards such as maximum heights, setbacks, lot coverage, drainage and water quality
requirements, landscaping, and design guidelines;
(5)Affordable housing;
(6)Parks and open space preservation;
(7)Phasing;
(8)Review procedures and standards for implementing decisions;
(9)A build-out or vesting period for applicable standards; and
(10)Any other development requirement or procedure deemed appropriate by the city council.
(Ord. No. 1452, 9-26-2008)
20.39.020 Development standards—Flexibility.
A development agreement shall be consistent with applicable development regulations to the fullest extent
possible; provided, 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. Any approved development standards that differ
from those in the code 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. The development standards as approved
Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 2 of 3
through a development agreement shall apply to and govern the development and implementation of each
covered site in lieu of any conflicting or different standards or requirements elsewhere in the Arlington Municipal
Code. Subsequently adopted standards which differ from those of a development agreement adopted by the city
as provided in this chapter shall apply to the covered development project only where necessary to address
imminent public health and safety hazards or where the development agreement specifies a time period or phase
after which certain identified standards can be modified. Determination of the appropriate standards for future
phases which are not fully defined during the initial approval process may be postponed. Building permit
applications shall be subject to the building codes in effect when the permit is applied for.
(Ord. No. 1452, 9-26-2008)
20.39.030 Exercise of city police power and contract authority.
As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the
city's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or
provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose
new or different regulations to the extent required by a serious threat to public health and safety.
(Ord. No. 1452, 9-26-2008)
20.39.040 Form—Public hearing required.
Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development
agreements shall be in form and content as approved by the city attorney and shall be subject to review and
approval by the city council after a duly noticed public hearing pursuant to AMC 20.24.020 Public Notice
Requirements.
(Ord. No. 1452, 9-26-2008)
20.39.050 Referral to hearing examiner.
By motion of the city council, development agreements proposing standards that differ from those otherwise
applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or her
recommendation and report, and the hearing examiner shall promptly report to the council thereon, making such
recommendations and giving such counsel as he or she may deem proper.
(Ord. No. 1452, 9-26-2008)
20.39.060 Conditions of approval.
In approving a development agreement, conditions of approval should at a minimum establish the following,
or reference approved plans, conditions, or existing codes addressing such items:
(1)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;
(2)The expected build-out time period for the entire project and the various phases;
(3)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;
Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 3 of 3
(4)A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed
with city staff;
(5)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. Road and storm water design
standards that shall apply to the various phases of the project;
(6)Bulk design and dimensional standards that shall be implemented throughout subsequent
development within the project;
(7)The size and range of uses authorized for any nonresidential development within the project;
(8)The minimum and maximum number of residential units for the project;
(9)Any sewer and/or water comprehensive utility plans or amendments required to be completed before
development can occur; and
(10)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.
(Ord. No. 1452, 9-26-2008)
20.39.070 Discretionary, legislative act.
The decision of the city council to approve or reject a request for a development agreement shall be a
discretionary, legislative act and an exercise of the city's police power and contract authority.
(Ord. No. 1452, 9-26-2008)
City of Arlington Council Agenda Bill Item: WS #7 Attachment GCOUNCIL MEETING DATE: July 26, 2021 SUBJECT: Development Agreement for Centennial Park PHI & II, a Mixed-Use project ATTACHMENTS: Resolution, Proposed Development Agreement, Copy of AMC 20.39-Development Agreements DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Proposed Development Agreement for Centennial Park 5J, LLC, describing certain conditions and uses for the subject project. In this instance it addresses the permanent use of the building types, the variance for the stream buffer reduction and the dedication of property for public right of way uses. HISTORY: Development Agreements are utilized to ensure that certain terms and/or conditions are addressed. The developer is utilizing the “flex” option with its live/work units, which allow for the commercial portion of the unit to be utilized as residential for up to five years, allowing sufficient time for the marketplace to support the commercial/retail use of the unit. Another item addressed is the reduction of the buffer width on the relict channel along 172nd St NE, and its required mitigation, both onsite and offsite. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on
Workshop; discussion only. At the August 2, 2021 Council meeting, the recommended motion will be, “I move to approve the resolution approving the development agreement with Centennial Park 5J LLC., and authorize the Mayor to sign the development agreement.”
RESOLUTION NO. 2021 – XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
APPROVING A DEVELOPMENT AGREEMENT WITH
CENTENNIAL PARK 5J, LLC
WHEREAS, CENTENNIAL PARK 5J, LLC (“Developer”) intends to develop a Mixed-Use
project and associated improvements (“Project”) on real property located at 17215-17327 67th
Avenue NE, Arlington, Washington; and
WHEREAS, Developer requested that the City of Arlington and Developer enter into a
development agreement pursuant to the terms of Chapter 20.39 of the Arlington Municipal
Code to set forth development standards and other provisions that will govern and vest the
Project; and
WHEREAS, pursuant to RCW 36.70B.200, the Arlington City Council held a public hearing
on August 2, 2021 regarding the proposed development agreement, and, after considering all
testimony presented at the public hearing, determined that the development agreement
should be approved.
NOW, THEREFORE, the Arlington City Council resolves as follows:
1. The Development Agreement attached hereto as Exhibit A is approved and the
Mayor is authorized to sign the agreement.
2.As provided in RCW 36.70B.190, the Development Agreement shall be recorded
with the real property records of Snohomish County, Washington and shall be binding on the
parties and their successors and assigns.
ADOPTED by the City Council and APPROVED by the Mayor this 2nd day of August, 2021.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
EXHIBIT A
Development Agreement 1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59TH AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT DEVELOPER(S): Centennial Park 5J, LLC
GRANTEE(S): City of Arlington, Washington
LEGAL (Abbrev.): SEC 23 TWP 31 RGE 05SW1/4 SW1/4 SW1/4 EXC ANY PTN
THOF LY WHN 172ND ST NE & 67TH AVE NE & EXC
ANY PTN THOF LY S OF 172ND ST NE & ALSO EXC TH
PTN THOFCONVYD TO CITY OF ARL PER DEED REC
AF NO 9610250370
ASSESSOR'S TAX#: 31052300300800
REFERENCE #: Centennial Park 5J, LLC -PLN#543
The parties to this agreement are the City of Arlington, a Washington municipal corporation ("City"), and Centennial Park 5J, LLC, a Washington limited liability company (“Developer"). All references herein to Developer shall be deemed to include any successors and/or assigns of Centennial Park 5J, LLC. The parties do enter into the following agreement to promote the development of certain real property located within the City, upon the following terms and conditions ("Agreement"). 1.0 RECITALS
1.1 Location of Property. Developer warrants that it controls certain real property located between 17215- 17327 67th Ave. NE, ARLINGTON, WA 98223, being more particularly described in Exhibit “B” (hereafter “the Property”).
1.2 Zoning. The Property is zoned Neighborhood Commercial (NC) and located within a Mixed Use Overlay Zone, which allows the property to be utilized proportionately for both commercial/retail and high density residential uses.
1.3 Permanent Use. The Developer wishes to develop a Multi-Family Housing and Commercial Mixed-Use community on an 8.81 acre parcel, in accordance with the City’s Mixed Use Development Regulations, Chapter 20.110 AMC, Ordinance No. 2017-021,
Development Agreement 2
adopted on December 28, 2017 (“Mixed Use Development Regulations”).
1.4 Permanent Use of Unit Types. Buildings A, B, C, D, and O have incorporated live/work
units within the building envelope. Live/work units are designed to provide for retail or
commercial uses on the ground floor, while providing for residential occupancy on the upper
floor. The developer has chosen to utilize a “flex” option for the live/work units, that requires
the unit to be constructed as commercial space, but allows for only residential use for a limited
period of time, up to five (5) years, from Certificate of Occupancy, until such time the market
supports the commercial/retail use of the live/work units as approved in the CUP. Developer,
prior to the five year sunset date, will provide the City with a Market Analysis showing that the
commercial/retail use can, or cannot, be supported by the current market conditions. If such
analysis does not support the commercial/retail use, then the City and Developer will negotiate
an extension of the “flex” use upon the units. If the analysis does support the commercial/retail
use, then the units must be fully utilized as live/work units within one (1) year from the sunset
date of five (5) years. 1.5 Project Site Plan. Neither the Binding Site Plan or Short Plat process are being utilized because the subject parcel is being developed as a single parcel and owned by a single entity. A Development Agreement will be required to ensure that the intent and conditions of the Horizontal Mixed-Use Overlay are addressed in perpetuity. The project site has an underlining zoning of Neighborhood Commercial (NC), but the subject property will be developed under the City’s mixed use overlay, with a mix of residential and commercial uses. The Centennial Park Phase I consists of 14 3-story buildings, incorporating 157 housing units and 4,872 s. f. of Retail. The unit mix will provide 26 studio units, 61 1-bedroom units, 40 2-bedroom units, and 30 3-bedroom units. Phase II consists of 3 3-story buildings, incorporating 45 residential units, and 2,793 s. f. of Retail. The unit mix will provide 4 studio units, 17 1-bedroom units, 12 2-bedroom units, and 12 3-bedroom units. All units are Market Rate. Amenities to be included on-site are mini parks, walking trails, community room, pool, and Dog Park. The project was divided into two separate phases because of issues that arose regarding the disposition of a relict channel across the southern boundary of the subject property, the City’s critical areas ordinance and how mitigation would be accomplished to allow for a reduction of the critical area buffer. The final configuration was adjusted to include a total of 202 multifamily residential units in 3-story configuration and 7,665 square-feet (SF) of retail space. All other amenities remained the same. Phase I is depicted in Exhibit “A” and Phase II in Exhibit “A-1”. Exhibits A and A-1 are together referred to herein as the “Approved Site Plan”.
1.6 Traffic Impact Fees. The final Traffic Impact Analysis (TIA) was revised to address reconfiguration from 2 story units to some 3 story units which resulted in a slight reduction of Traffic Impact Fees (TIF). The final TIF for the project is as follows; Multifamily Housing (Mid-Rise), 202 units - $298,595.00, equivalent to $1,478.19 per unit. Shopping Center, 7,665 SF - $63,745.00, equivalent to $8.32 per SF. The Centennial Park development is anticipated to generate 108 new PM peak-hour trips. These trips result in a City of Arlington traffic mitigation fee of $362,340.00.
Development Agreement 3
1.7 Dedication. The dedication of real property for Public Right of Way purposes (to construct the Road Improvements and Frontage Improvements) must occur on or before issuance of a certificate of occupancy for the first building within Phase I of the Development. The Developer shall provide performance security for the Road Improvements in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms, until such time as the Road Improvements are accepted by the City of Arlington. Dedication of property was not required at this time, but future dedication may be required by WSDOT in conjunction with the SR 531 widening project. The City and Developer have agreed to the dedication of real property by 5 J Williams Family LLC, an affiliate of Developer, from parcel APN 31052800100700, with the legal description of area to be dedicated, provided in Exhibit “C”. Dedication of subject property must occur prior to, or in concert with the approval of this Development Agreement.
1.8 Variance/Mitigation. As a part of Phase II development, Williams Investment applied for a variance to reduce the buffer width associated with the relict stream channel upon the southern boundary of the project. While there are in-channel enhancements being made onsite as mitigation for the buffer reduction, not all the mitigation could be performed onsite. The City has agreed to allow the additional required mitigation (offsite mitigation) to occur on a separate parcel of land owned by 5J Williams Family LLC, located at the headwaters of Hayho Creek. A Mitigation Plan was prepared by Soundview Consultants LLC for both the onsite and offsite mitigation requirements for the relict channel/ buffer reduction, associated with Centennial Park Phase II. 1.9 Benefits. The City recognizes the public benefits which will occur from the permanent, mixed-use development of the property as proposed by the Developer. Likewise, the developer recognizes the benefit that the City’s Mixed-Use Development Regulations provide to allow for a combination of retail and residential development upon commercially zoned properties.
1.10 Consistency with Development Regulations. The City and the Developer wish to ensure that the Property will be developed in accordance, specifically, with the provisions of the Mixed Use Development Regulations, and in compliance with all applicable City codes, plans, and development regulations, and in a manner acceptable to the City. These include, but are not limited to, the current edition of the Arlington Comprehensive Plan (December 2019) and the Arlington Municipal Code (AMC) specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20) and the most current edition of the City of Arlington Construction Standards and Specifications.
1.11 The City and Developer have entered into this Development Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this Development Agreement.
Development Agreement 4
1.12 The City and the Developer agree that the foregoing terms and recitals are material to this Development Agreement, and that each party has relied on the material nature of such terms and recitals in entering this Development Agreement.
1.13 The City Council has authorized the Mayor or City Administrator to enter into this Agreement following a public hearing held in accordance with RCW 36.70B.200. 2.0 ADOPTION OF REQUIREMENTS OF CITY CODE 2.1 The parties agree as follows regarding the conditions of approval required by AMC 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 byreference herein, the provisions of the Approved Site Plan, and all conditionsthereof related to the conditional use permit and Approved Site Plan.
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 five (5) years fromthe date hereof. The parties may extend this agreement by written agreement,provided the same is approved by the City Council.
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: thedevelopment of the subject property shall be conducted in two phases. The Cityshall follow all requirements of the State Environmental Policy Act (SEPA) and allapplicable city and state regulations, including the then-applicable city mitigationrequirements.
d.A yearly evaluation of the project status and phasing shall be provided by
the applicant and reviewed with city staff: The Developer shall provide awritten summary of development status for phase I and phase II to the City notless than annually during 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: The parties agree that the City shall take theprovisions of this agreement into consideration when developing any update toits comprehensive plans.
f.Road and storm water design standards that shall apply to the various
phases of the project: The road and storm water design standards that shallapply to the various phases of the project shall be those provisions of the Citycodes, plans, and development regulations, including, but are not limited to, thecurrent edition of the Arlington Comprehensive Plan (December 2019; the City’sMixed Use Development Regulations in effect as of the date of this ordinance; and
Development Agreement 5
all other provisions of the Arlington Municipal Code (AMC) as of the date of the submission of a complete building permit application specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20); and the most current edition of the City of Arlington Construction Standards and Specifications effective as of the date of the submission of a complete building permit application.
g.Bulk design and dimensional standards that shall be implemented
throughout subsequent development within the project: The parties agreethat all development shall strictly conform to the City’s Mixed Use DevelopmentRegulations in effect as of the date of this agreement. The Developer agrees thatall buildings upon the subject property shall share a commonality between thebuilding forms and architectural features, so that the entire development shallappear to be well planned, designed and constructed, despite any lapse of time inthe full development of the subject property.
h.The size and range of uses authorized for any nonresidential development
within the project: A minimum of fifty percent (50.0%) of the land includedwithin the Binding Site Plan shall be developed for residential purposes, and thebalance may be utilized for non-residential development permitted under theCity’s zoning code.
i.The minimum and maximum number of residential units for the project:The parties agree that maximum densities will be governed and limited bydevelopment requirements including, but not limited to, requirements for OpenSpace, Park/Civic Space, Parking, dimensional requirements, and the like.Nonetheless, the parties estimate that a minimum density of fifteen (15) dwellingunits per acre shall be achieved.
j.Any sewer and/or water comprehensive utility plans or amendments
required to be completed before development can occur: Not applicable.
k.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. Should theDeveloper fail to construct phase 1 and phase II in accordance with the terms andconditions of the Conditional Use Permit within the term of this agreement (5years from the date hereof) or any extension of this Agreement, this Agreementshall expire and be of no further force or effect, and any future development shallcomply with all City development regulations then in effect.3.0 Frontage Improvements 3.1 Required Frontage Improvements. The City and Developer agree that frontage improvements along both 67th Ave. NE. and 172nd St. NE. shall be constructed by the Developer at the Developer’s expense upon and across the subject property as illustrated in Exhibit A. The frontage improvements shall be constructed per the approved engineered
Development Agreement 6
drawings for the Centennial Park phase I and phase II (permit # PWD -1860, PWD - 2427). The elements of said improvements, shall consist of, but not be limited to, curb/gutter, sidewalk, asphalt concrete paving and sub grade features, storm drainage, street lighting, planted medians, pavement markings, signage, street trees and landscaping, all constructed in full compliance with city codes and the City of Arlington Construction Standards and Specifications in effect at the time of permit application. The Developer recognizes that construction of the frontage improvements shall be required to be completed on or before issuance of a certificate of occupancy for each phase of the project as proposed on the approved site plan. 3.2 Compliance with State Law. The implementation of the provisions in this Agreement for required Road Improvements will be done in a manner that is consistent with applicable Washington law, including the City of Arlington impact fee ordinances. 4.0 CERTAINTY OF DEVELOPMENT AGREEMENT 4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement shall be considered enforceable elements of the Arlington Municipal Code. In the case of an explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement, and construction standards shall be those City ordinances, resolutions, rules and regulations, and official policies in force at the time of the execution of this Agreement. 4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the subject property at the time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies. 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 in accordance with Section 6.4 as may be necessary to comply with such state or federal laws or regulations following modification procedures in Section 6.5 for an amendment or cancellation. 4.4 Emergency Situations. The City may suspend the issuance of building permits for the planned 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, provided that Developer shall be granted reasonable opportunity to mitigate any such conditions and to proceed with the project.
Development Agreement 7
5.0 DISPUTE RESOLUTION 5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms or conditions of this Agreement, the Developer, the principal of the project applicant, and the City Administrator shall meet within ten (10) business days after request from any party for the purpose of attempting, in good faith, to resolve the dispute. The meeting may, by mutual agreement, be continued to a date certain in order to include other parties or persons, or to obtain additional information. The parties agree that any meetings so held 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. In the event the parties are unable to reach agreement as to any dispute, 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. Any aggrieved party may appeal the decision of the City Administrator to the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules. 6.0 GENERAL PROVISIONS 6.1 Recording. This Agreement shall, following approval by the City Council, 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 Developer's Property. 6.2 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. 6.3 Binding Effect. 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 shall have the right to assign or transfer all or 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 or rights pursuant to this Agreement. 6.4 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. 6.5 Modification. This agreement may be amended, modified or terminated in
Development Agreement 8
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. 6.6 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. None of the provisions of this Agreement shall be merged by the Statutory Warranty Deeds or dedication of the Property. 6.7 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. 6.8 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. 6.9 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. 6.10 Notices. All communications, notices and demands of any kind which a party under this Agreement is required or desires to give to any other party and be either (1) delivered personally, (2) sent by email transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
If to the City: City of Arlington 8204 59th Avenue NE Arlington, WA 98223 Attn: Marc Hayes Email:mhayes@arlingtonwa.gov Fax:
If to the Developer: Centennial Park 5J, LLC
Development Agreement 9
2517 Colby Ave. Everett, WA 98201 Attn: Jari Williams Email: jari@williamsinvest.com
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. 6.11 Term. Unless extended this Agreement shall automatically expire and the obligations of the parties cease five(5) years after the date of its execution, without the need for further act or documentation. The parties acknowledge and agree that this Agreement may be extended if necessary.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set out next to their signatures.
Development Agreement 10
Centennial Park 5J, LLC
a Limited Liability Company
Date:
Date:
CITY OF ARLINGTON
Date:
Mayor Barbara Tolbert
Approved as to Form:
Development Agreement 11
Development Agreement 12
Development Agreement 13
Title 20 - ZONING
Chapter 20.39 DEVELOPMENT AGREEMENTS
Arlington, Washington, Code of Ordinances Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 1 of 3
Chapter 20.39 DEVELOPMENT AGREEMENTS
20.39.005 Development agreements—Authorized.
The city may enter into a development agreement with a person having ownership or control of real
property within its jurisdiction. The city may enter into a development agreement for real property outside its
boundaries as part of a proposed annexation. A development agreement must set forth the development
standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the
development of the real property for the duration specified in the agreement.
(Ord. No. 1452, 9-26-2008)
20.39.010 Development standards defined.
For purposes of this chapter, the term "development standards" means and includes, but is not limited to:
(1)Project elements such as permitted uses, residential densities, and nonresidential densities and
intensities or building sizes;
(2)The amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the property
owner, application fees, administrative charges, inspection fees, drafting fees, or dedications;
(3)Mitigation measures, development conditions, and other requirements under AMC Chapter 20.98;
(4)Design standards such as maximum heights, setbacks, lot coverage, drainage and water quality
requirements, landscaping, and design guidelines;
(5)Affordable housing;
(6)Parks and open space preservation;
(7)Phasing;
(8)Review procedures and standards for implementing decisions;
(9)A build-out or vesting period for applicable standards; and
(10)Any other development requirement or procedure deemed appropriate by the city council.
(Ord. No. 1452, 9-26-2008)
20.39.020 Development standards—Flexibility.
A development agreement shall be consistent with applicable development regulations to the fullest extent
possible; provided, 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. Any approved development standards that differ
from those in the code 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. The development standards as approved
Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 2 of 3
through a development agreement shall apply to and govern the development and implementation of each
covered site in lieu of any conflicting or different standards or requirements elsewhere in the Arlington Municipal
Code. Subsequently adopted standards which differ from those of a development agreement adopted by the city
as provided in this chapter shall apply to the covered development project only where necessary to address
imminent public health and safety hazards or where the development agreement specifies a time period or phase
after which certain identified standards can be modified. Determination of the appropriate standards for future
phases which are not fully defined during the initial approval process may be postponed. Building permit
applications shall be subject to the building codes in effect when the permit is applied for.
(Ord. No. 1452, 9-26-2008)
20.39.030 Exercise of city police power and contract authority.
As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the
city's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or
provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose
new or different regulations to the extent required by a serious threat to public health and safety.
(Ord. No. 1452, 9-26-2008)
20.39.040 Form—Public hearing required.
Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development
agreements shall be in form and content as approved by the city attorney and shall be subject to review and
approval by the city council after a duly noticed public hearing pursuant to AMC 20.24.020 Public Notice
Requirements.
(Ord. No. 1452, 9-26-2008)
20.39.050 Referral to hearing examiner.
By motion of the city council, development agreements proposing standards that differ from those otherwise
applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or her
recommendation and report, and the hearing examiner shall promptly report to the council thereon, making such
recommendations and giving such counsel as he or she may deem proper.
(Ord. No. 1452, 9-26-2008)
20.39.060 Conditions of approval.
In approving a development agreement, conditions of approval should at a minimum establish the following,
or reference approved plans, conditions, or existing codes addressing such items:
(1)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;
(2)The expected build-out time period for the entire project and the various phases;
(3)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;
Created: 2021-07-13 21:18:56 [EST]
(Supp. No. 27)
Page 3 of 3
(4)A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed
with city staff;
(5)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. Road and storm water design
standards that shall apply to the various phases of the project;
(6)Bulk design and dimensional standards that shall be implemented throughout subsequent
development within the project;
(7)The size and range of uses authorized for any nonresidential development within the project;
(8)The minimum and maximum number of residential units for the project;
(9)Any sewer and/or water comprehensive utility plans or amendments required to be completed before
development can occur; and
(10)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.
(Ord. No. 1452, 9-26-2008)
20.39.070 Discretionary, legislative act.
The decision of the city council to approve or reject a request for a development agreement shall be a
discretionary, legislative act and an exercise of the city's police power and contract authority.
(Ord. No. 1452, 9-26-2008)
City of Arlington Council Agenda Bill Item: WS #8 Attachment H COUNCIL MEETING DATE: July 26, 2021 SUBJECT: June 2021 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement
City of Arlington Council Agenda Bill Item: WS #9 Attachment I COUNCIL MEETING DATE: July 26, 2021 SUBJECT: Community and Economic Development Monthly Report ATTACHMENTS: June Monthly Report DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: June monthly department report.
HISTORY:
ALTERNATIVES: Workshop; discussion only.
RECOMMENDED MOTION: Workshop; discussion only.
Community and Economic Development
Monthly Status Report Reporting Period: June 2021
Staffing Report:
• Amy Rusko has rejoined the Arlington CED team, after working for the City of
Stanwood for the past 3 ½ years. Amy gained considerable knowledge and
experience during her time away and is now back in Arlington to fulfill the role
as Planning Manager, where she will be deeply involved in the upcoming
Comprehensive Plan update, Housing Action Plan implementation, Old Town
Residential Design Standards and Manufacturing/Industrial Development
Standards to name a few. Welcome back Amy, you were certainly missed!
• New Permit Technician, Ameresia Lawlis began working in the CED
department on June 21st. Ameresia is fulfilling the open position that was left
with the departure of Kristin Foster. Ameresia is a bit surprised with just how
busy the Permit Center is, and is learning multiple processes at an accelerated
rate, but is a quick learner and quite capable of becoming an excellent Permit
Tech. Now that we have opened to the public, feel free to pay a visit and say
hello to the staff.
• Both Kevin Olander and Amy Rusko are enrolled in “How To-Practical Guides
for Supervisors” This is an 8 week long online training consisting of 8 one-hour
mini courses that contain instructional videos covering best practices and tips
for success, as well as 16 useful templates and forms. This format is designed to
interact in online discussion boards with fellow supervisors from public
agencies all over the state to share ideas, successes, and support. This type of
training will prove to be invaluable to both Amy and Kevin as they take on
additional responsibilities in their roles as managers of their independent
disciplines. Appropriate training is essential for both professional and personal
growth in staff, and will become an ongoing priority for CED staff, as budget and
time allows.
• The CED department would like to extend a heartfelt, Thank You, to City Council
for your support in approving the creation of a new Planner I position. It is
greatly appreciated!
Update on Current Contracts:
• Nova Heaton, with assistance from Launa Peterson, has been quite busy this
year with Complete Streets projects. The 59th Ave. Complete Street Project
went to bid on June 10, 2021, and will be awarded to Reece Construction for
$1,035,287.09 at the July 26, Council meeting. Work shall include constructing
pedestrian improvements and landscaping along the east side of 59th Avenue
NE starting at the north parking lot of the Boys and Girls Club moving north
approximately 450 feet north past 188th Street NE to incorporate Evans Field.
The scope also includes pedestrian improvements and street trees from 59th
Avenue east on 188th Street NE, along the southern gravel parking lot. Three
gravel parking lots will obtain drainage, paving, and striping. The parking lot
off 59th for Evans Park Playground, and two off 188th St NE, to the north
(Evans Field) and south (Quake Field). Solar Powered Flashing LED
Pedestrian Crosswalk Signs will be installed connecting the Boys and Girls
Club to the Airport Trail and connecting the north and south parking lots on
188th Street.
The second project that they have been working on is the Complete Streets
demonstration project, located at the intersection of 180th St. and Smokey
Point Blvd. The intent of the project is to show how streets can address all
users of the roadway system, whether that is by walking, rolling or in a
vehicle, by reducing speeds and providing safer access and higher visibility to
users other than motor vehicles. This demonstration project is temporary and
will be removed by the end of July.
• CED has entering into a Professional Services Agreement with HKP Architects
to provide Development Standards for the Old Town Residential District. This
work will provide design standards that allow “missing middle” type housing
to be constructed in the Old Town Residential District, utilizing the existing
architectural styles found in the OTRD, so that duplexes, tri-plexus and garden
style apartments will blend into the existing neighborhoods. The Design
Standards will also be applied to new single family residences, as well as major
exterior remodels of existing homes. This work is to preserve the historical
characteristics of the OTRD, and prevent it from becoming a mismatch of
architectural styles and conflicting site orientations. This work will begin in
July and be substantially completed by the end of 2021.
Challenges:
Opportunities:
• Working frantically to gain control of Right of Way from several property
owners, for the construction of 168th St. NE, by Panattoni Development, as part
of the Development Agreement for project “Roxy”. All required Right of Way has
been secured, so that construction of the 168th St. roadway may occur on the
developer’s schedule.
• Amy and Marc sat on the interview panel with Sarah and Paul for consultant
selection, to identify a firm to produce the Citys Park/Recreation Master Plan.
New Programs/General Information Meetings:
• CED met with Williams Investments regarding their proposed development of
a 20 acre parcel just south of the future 168th St. NE and west of the Outpost
at Smokey Point. Their proposed development included two 62,400 S.F.
Speculative buildings.
• CED met again, with an individual who is seeking to build a 15,000 s.f.
gymnasium for basketball training, basketball & volleyball tournaments and
other community events. This latest site was located at 16512 51st Ave.
• CED met with Grandview, who is looking to develop mixed-use projects at three
separate locations.
Site #1 is located at 18705 67th Ave. NE. This is the old Apple Builders location
at the corner of 67th Ave. /Woodlands Way. The proposal is a mixed-use project
which includes two three story buildings, one parallel to 67th Ave. and the
second build would be placed perpendicular to Woodlands Way. The building
parallel to 67th Ave. would have commercial/retail use on the ground floor.
Site # 2 is located at 16517 Smokey Point Blvd. The proposal is a mixed-use
project and consists of two 3 story buildings, one abutting SP Blvd. with
commercial/retail use on the ground floor and two floors of apartments above.
The second building would be located to the rear of the property and consist
of three floors of apartments.
Site # 3 is a mixed-use project, located at the northwest corner of 172nd/SR 9.
We have seen several proposals for this site and this one is relatively similar,
with commercial uses affronting 172nd St. and a mixture of both townhomes
and apartments comprising the residential portion of the project. The
proposed mix would be 23 townhomes facing the existing residential
neighborhood, and six buildings, providing 223 apartments located in the
interior of the site.
• CED met with representatives from Brown Bear carwash, who are looking at
a parcel located behind the Heritage Bank site at the intersection of 172nd St.
/43rd Ave.
• CED has been attending ongoing meetings with both WSDOT and Panattoni
regarding the proposed Roundabout at 43rd /172nd, and the 172nd Right of Way
needs for the upcoming widening project and required frontage improvements
related to the “Project Roxy”
Current Development Activity
• In anticipation of the Cascade Commerce Center construction, NorthPoint
Development has begun the re-location of Edgecomb Creek through the 400
acres that are a part of the project. The Arlington portion of the project begins
at the southwest corner of the 67th Ave/172nd St. intersection and continues
through 152nd St.NE in Marysville.
• Construction has begun for the new Everett Clinic building, located at 4011
172nd St NE. This will be a 38,296 s.f. two story, podium style building with
understory parking.
• Goldstream Ventures mixed use project will be beginning soon at 18405 35th
Ave. NE. You may have noticed the removal of the “nuisance” mobile homes in
early June. Site grading/utility installation will begin in August.
•
Upcoming Planning Commission Items:
1. Discussion of revisions to AMC Title 20, related to zoning changes made
through the 2020 docket process.
2. Design Review for Gayteway Building F
Upcoming Council Items:
1. Public Hearing for Development Agreement - The Outpost at Smokey
Point
2. Public Hearing for Development Agreement - Centennial Park PH I & II
3. Budget amendment request for additional workspace