HomeMy WebLinkAbout10-11-21 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Contract Approval for Capital Facilities Needs Assessment ATTACHMENT A
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Jan Schuette
2. Revisions to Arlington Municipal Code Chapter 3.98 regarding ATTACHMENT B
Property Tax Exemption for the Cascade Industrial Center
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
3. Ordinance Amending Title 20 of the Arlington Municipal Code ATTACHMENT C
Addressing Engrossed Substitute House Bill 1220
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
4. Dedication of Right of Way for 173rd Place NE ATTACHMENT D
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
Arlington City Council Workshop
Monday, October 11, 2021 at 7:00 pm
5. Dedication of Right of Way for Smokey Point Boulevard ATTACHMENT E
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
6. Property Acquisition for Smokey Point Park Space ATTACHMENT F
Staff Presentation: Marc Hayes
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS ATTACHMENT G
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 Jan Schuette / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
proposals, interviews and reference checks, staff is recommending council approve a contract with MENG Analysis. The contract is for $98,809, however a $10,000 contingency was included only on an as needed basis.
maintenance needed over a 20-year horizon. The needs assessment will also provide cost information so that the City will have a tool that can be used for budgeting purposes. A total of 12 proposals were received. Of those 12, three were selected for in-person interviews, MENG Analysis, ARC Architects, and Cornerstone Architectural Group. The interview panel consisted of Paul Ellis, Debbie Strotz, Jim Kelly, Jay Downing, and me. From the interview process, two were selected to conduct reference checks – MENG Analysis and ARC Architects. Based on the review of the submitted proposals, interviews and reference checks, MENG Analysis was selected as the most qualified firm. Evaluation criteria included, demonstrated experience with projects of similar size, scope and
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
industrial/manufacturing facilities to create family living wage jobs. In 2016, Arlington adopted Ordinance No. 2016-008, which created an application process, and, identified criteria, required to be eligible to receive an ad valorem tax exemption for the improvements. In 2021, the legislature modified both the language and the applicability of the property tax exemption, to all cities in Washington, as identified in Engrossed House Bill 1386. This proposed ordinance captures those
ORDINANCE NO. 2021-XX 1
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ORDINANCE NO. 2021--XX
AN ORDINANCE OF THE C ITY OF ARLINGTON, WASHINGTON
ADOPTING PROVISIONS RELATING TO TAX INCENTIVES IN TARGETED AREAS
FOR NEW CONSTRUCTION OF INDUSTRIAL OR MANUFACTURING FACILITIES
CREATING FAMILY LIVING WAGE JOBS
WHEREAS, the City of Arlington was granted the authority to create tax incentives in
targeted areas for new construction of industrial or manufacturing facilities creating family living
wage jobs as a result of Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session) and RCW
84.25; and
WHEREAS, the City Council previously adopted ordinance # 2016-008, creating a new
chapter 3.98-Property Tax Exemption, of the Arlington Municipal Code; and
WHEREAS, the state legislature, during the 2021 regular session, proposed changes to
the provisions within House Bill 5761and enacted Engrossed House Bill 1386 which represents
the modifications to property tax exemption for the value of new construction of
industrial/manufacturing facilities in targeted urban areas; and
WHEREAS, the City Council wishes to continue to create tax incentives to support
construction that will create new family living wage jobs; and
WHEREAS, the provisions of Engrossed House Bill 1386 are reflected within this
proposed ordinance;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Chapter 3.98 of the Arlington Municipal Code (AMC) is hereby revised,
to read as follows:
Chapter 3.98 – Property Tax Exemption
3.98.100 Purpose
3.98.110 Applicability
3.98.120 Definitions
3.98.130 Exemption Created
3.98.140 General Requirements
3.98.150 Application
3.98.160 Approval Criteria
3.98.170 Approval/Denial
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its intent to create targeted areas in support of this authority, which
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ORDINANCE NO. 2021-XX 2
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3.98.180 Application Fee
3.98.190 Additional Requirements
3.98.200 Reporting
3.98.210 Continuance and Discontinuance
3.98.100 Purpose. It is the purpose of this chapter to encourage new
manufacturing and industrial uses on undeveloped or underutilized lands zoned
for industrial and manufacturing uses within the city through tax incentive,
thereby increasing employment opportunities for family living wage jobs.
3.98.110 Applicability.All undeveloped or underutilized properties within the
city’s Light Industrial and General Industrial zones shall be eligible to receive an
ad valorem tax exemption as allowed by Senate Bill 5761 (Chapter 9, 2015 Laws
1st Special Session) and RCW 84.25 for the value of new construction of
industrial/manufacturing facilities.
3.98.120 Definitions. The definitions in this section shall apply to this chapter
unless the context clearly requires otherwise:
(1) “Administrative Authority” means the Department of Community
and Economic Development.
(2) “City” means the City of Arlington.
(3) “Designee” means the Director of Community and Economic
Development.
(4) “Director” means the Director of Community and Economic
Development.
(5) “Family living wage job” means a job that offers health care
benefits with a wage that is sufficient for raising a family. A family living
wage job shall have an average wage of $23 dollars an hour or more,
working 2,080 hours per year on the subject site, as adjusted annually for
inflation by the consumer price index. The family living wage may be
increased by the local authority based on regional factors and wage
conditions.
(6) “Governing Authority” means the Arlington City Council.
(7) “Industrial/manufacturing facilities” means building improvements
that are 10,000 square feet or larger, representing a minimum
improvement valuation of ($800,000.00) for uses categorized as “division
D: manufacturing” or “division E: transportation (major groups 40-42, 45,
or 47-48” by the United States Department of Labor in the Occupation
Safety and Health Administration’s standard industrial classification
manual,provided,the city may limit the tax exemption to manufacturing
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ORDINANCE NO. 2021-XX 3
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uses.
(8) “Lands zoned for industrial and manufacturing uses” means lands
in the City zoned as of December 31, 2014, for an industrial or
manufacturing use consistent with the City’s Comprehensive Plan where
the lands are designated for industry.
(9) “Owner” means the property owner of record.
(10) “Targeted area” means an area of undeveloped lands zoned for
industrial and manufacturing uses in the City that is located with or
contiguous to an innovation partnership zone, foreign trade zone, or EB-5
regional center, and designated for possible exemption under the
provisions of this chapter.
(11) “Undeveloped or underutilized” means that there are no existing
building improvements on the portions of the property targeted for new or
expanded industrial or manufacturing uses.
3.98.130 Exemption Created
(a) The value of new construction of industrial/manufacturing
facilities qualifying under this chapter is exempt from property taxation
under this title, as provided in this section. The value of new construction
of industrial/manufacturing facilities is exempt from taxation for
properties for which an application for a certificate of tax exemption is
submitted under this chapter before December 31, 2030. The value is
exempt under this section for 10- successive years beginning January 1st
of the year immediately following the calendar year of issuance of the
certificate.
(b) The exemption provided in this section does not include the value
of land or nonindustrial/manufacturing-related improvements not
qualifying under this chapter.
(c) The exemption provided in this section is in addition to any other
exemptions, deferrals, credits, grants, or other tax incentives provided by
law.
(d) This chapter does not apply to state levies or increases in assessed
valuation made by the assessor on non-qualifying portions of buildings
and value of land nor to increases made by lawful order of a county board
of equalization, the department of revenue, or a county, to a class of
property throughout the county or specific area of the county to achieve
the uniformity of assessment or appraisal required by law.
(e) This exemption does not apply to any county property taxes unless
the governing body of the county adopts a resolution and notifies the
governing authority of its intent to allow the property to be exempted from
county property taxes.
(f) At the conclusion of the exemption period, the new
industrial/manufacturing facilities cost shall be considered as new
construction for the purposes of chapter 84.55 RCW.
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ORDINANCE NO. 2021-XX 4
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3.98.140 General requirements. An owner of property making application under
this chapter shall meet the following requirements:
(a) The new construction of industrial/manufacturing facilities shall be
located on land zoned for industrial and manufacturing uses, undeveloped
or underutilized, and as provided in section 6 of Senate Bill 5761 (Chapter
9, 2015 Laws 1st Special Session), designated by the city as a targeted
area;
(b) The new construction of industrial/manufacturing facilities shall
meet all construction and development regulations of the city;
(c) The new construction of industrial/manufacturing facilities shall be
completed within three years from the date of approval of the application;
and
(d) The applicant shall enter into a contract with the city approved by
the Director of Community & Economic Development, under which the
applicant has agreed to the implementation of the development on terms
and conditions satisfactory to the administrative authority.
3.98.150 Application. An owner of property seeking an exemption under this
chapter shall apply to the city on the application form adopted by the governing
authority. The application shall contain the following:
A. Information setting forth the grounds supporting the
requested exemption, including information indicated on the
application form or in the guidelines;
B. A description of the project and site plan, and other
information requested;
C. A statement of the expected number of new family living
wage jobs to be created;
D. A statement that the applicant is aware of the potential tax
liability involved when the property ceases to be eligible for the
incentive provided under this chapter; and
E. A statement that the applicant would not have built in this
location but for the availability of the tax exemption under this
chapter;
F. The applicant shall verify the application by oath or
affirmation; and
G. The application shall be accompanied by the application fee
required under this chapter. The Director may permit the applicant
to revise an application before final action by the Department of
Community and Economic Development.
3.98.160 Approval criteria. The duly authorized administrative authority of the
city may approve the application if it finds that:
(1) A minimum of 25 new family living wage jobs will be created on
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ORDINANCE NO. 2021-XX 5
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the subject site as a result of new construction of manufacturing/industrial
facilities within one year of building occupancy;
(2) The proposed project is, or will be, at the time of completion, in
conformance with all local plans and regulations that apply at the time the
application is approved; and
(3) The criteria of this chapter have been satisfied.
(4) Priority must be given to applications that meet the following labor
specifications during the new construction and ongoing business of
industrial/manufacturing facilities:
(a) Compensate workers at prevailing wage rates as determined by the
department of labor and industries;
(b) Procure from, and contract with, women-owned, minority-owned,
or veteran owned businesses;
(c) Procure from, and contract with, entities that have a history of
complying with federal and state wage and hour laws and regulations;
(d) Include apprenticeship utilization from state-registered apprenticeship
programs;
(e) Provide for preferred entry for workers living in the area where the
project is being constructed; and
(f) Maintain certain labor standards for workers employed at the
facility after construction, including production, maintenance, and
operational employees.
3.98.170 Approval/Denial.
(a) The Director shall approve or deny an application filed under this
chapter within ninety days after receipt of the application.
(b) If the application is approved, the city shall issue the owner of the
property a conditional certificate of acceptance of tax exemption. The
certificate shall contain a statement by the Director that the property has
complied with the required criteria of this chapter.
(c) If the application is denied, the Director shall state in writing the
reasons for denial and send the notice to the applicant at the applicant's
last known address within ten days of the denial.
(d) Upon denial by the Director, an applicant may appeal the denial to
the city's governing authority within thirty days after receipt of the denial.
The appeal before the city's governing authority shall be based upon the
record made before the city with the burden of proof on the applicant to
show that there was no substantial evidence to support the city's decision.
The decision of the city in denying or approving the application is final.
3.98.180 Application fee. An administrative application fee of $500.00 (five
hundred dollars) plus the required county assessor fee shall be paid at the time the
application for limited exemption is filed. If the application is approved, the city
ORDINANCE NO. 2021-XX 6
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shall pay the application fee to the county assessor for deposit in the county
current expense fund, after first deducting that portion of the fee attributable to its
own administrative costs in processing the application and administering the tax
exemption program. If the application is denied, the city may retain that portion of
the application fee attributable to its own administrative costs and refund the
balance to the applicant.
3.98.190 Additional requirements.
(a) Upon completion of the new construction of a
manufacturing/industrial facility for which an application for an
exemption under this chapter has been approved and issued a certificate of
occupancy, the owner shall file with the city the following:
(1) A description of the work that has been completed and a
statement that the new construction on the owner's property qualify
the property for a partial exemption under this chapter;
(2) A statement of the new family living wage jobs to be
offered as a result of the new construction of
manufacturing/industrial facilities; and
(3) A statement that the work has been completed within three
years of the issuance of the conditional certificate of tax
exemption.
(b) Within thirty days after receipt of the statements required under
subsection (a) of this section, the city shall determine whether the work
completed and the jobs to be offered are consistent with the application
and the contract approved by the city and whether the application is
qualified for a tax exemption under this chapter.
(c) If the criteria of this chapter have been satisfied and the owner's
property is qualified for a tax exemption under this chapter, the city shall
file the certificate of tax exemption with the county assessor within ten
days of the expiration of the thirty-day period provided under subsection
(b) of this section.
(d) The city shall notify the applicant that a certificate of tax
exemption is denied if the city determines that:
(1) The work was not completed within three years of the
application date;
(2) The work was not constructed consistent with the
application or other applicable requirements;
(3) The jobs to be offered are not consistent with the
application and criteria of this chapter; or
(4) The owner's property is otherwise not qualified for an
exemption under this chapter.
(e) If the city finds that the work was not completed within the
required time period due to circumstances beyond the control of the owner
ORDINANCE NO. 2021-XX 7
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and that the owner has been acting and could reasonably be expected to
act in good faith and with due diligence, the Director may extend the
deadline for completion of the work for a period not to exceed twenty-four
consecutive months.
(f) The owner may appeal a decision by the city to deny a certificate
of tax exemption in superior court under RCW 34.05.510 through
34.05.598, if the appeal is filed within thirty days of notification by the
city to the owner of the exemption denial.
3.98.200 Reporting.
(a) Thirty days after the anniversary of the date of the certificate of tax
exemption and each year for the tax exemption period, the owner of the
new industrial/manufacturing facilities shall file with the Administrative
Authority an annual report indicating the following:
(1) A statement of the family living wage jobs at the facility as
of the anniversary date;
(2) A certification by the owner that the property has not
changed use;
(3) A description of changes or improvements constructed after
issuance of the certificate of tax exemption; and
(4) Any additional information requested by the city.
(b) The City shall report annually by December 31st of each year,
beginning in 2016, to the Department of Commerce. The report shall
include the following information:
(1) The number of tax exemption certificates granted;
(2) The total number and type of new manufacturing/industrial
facilities constructed;
(3) The number of family living wage jobs resulting from the
new manufacturing/industrial facilities; and
(4) The value of the tax exemption for each project receiving a
tax exemption and the total value of tax exemptions granted.
3.98.210 Continuance and discontinuance.
(a) If the value of improvements have been exempted under this
chapter, the improvements continue to be exempted for the applicable
period under this chapter so long as they are not converted to another use
and continue to satisfy all applicable conditions including, but not limited
to, zoning, land use, building, and family wage job creation.
(b) If an owner voluntarily opts to discontinue compliance with the
requirements of this chapter, the owner shall notify the assessor within 60
days of the change in use or intended discontinuance.
(c) If, after a certificate of tax exemption has been filed with the
county assessor, the city discovers that a portion of the property is
changed or will be changed to disqualify the owner for exemption
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ORDINANCE NO. 2021-XX 8
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eligibility under this chapter, the tax exemption shall be canceled and the
following occurs:
(1) Additional real property tax shall be imposed on the value
of the non-qualifying improvements in the amount that would be
imposed if an exemption had not been available under this chapter,
plus a penalty equal to 20 percent of the additional value. This
additional tax is calculated based upon the difference between the
property tax paid and the property tax that would have been paid if
it had included the value of the non-qualifying improvements dated
back to the date that the improvements were converted to a non-
qualifying use;
(2) The tax shall include interest upon the amounts of the
additional tax at the same statutory rate charged on delinquent
property taxes from the dates on which the additional tax could
have been paid without penalty if the improvements had been
assessed at a value without regard to this chapter; and
(3) The additional tax owed together with interest and penalty
becomes a lien on the property and attaches at the time the
property or portion of the property is removed from the qualifying
use under this chapter or the amenities no longer meet the
applicable requirements for exemption under this chapter. A lien
under this section has priority to, and shall be fully paid and
satisfied before, a recognizance, mortgage, judgment, debt,
obligation, or responsibility to or with which the property may
become charged or liable. The lien may be foreclosed upon
expiration of the same period after delinquency and in the same
manner provided by law for foreclosure of liens for
delinquent real property taxes. An additional tax unpaid on its due
date is delinquent. From the date of delinquency until paid, interest
shall be charged at the same rate applied by law to delinquent
property taxes.
(4) If, after a certificate of tax exemption has been filed with the
county assessor, the city discovers that the facility maintains fewer
than 25 family living wage jobs, the owner is considered ineligible
for the exemption under this chapter, and the following must
occur:
(a) The tax exemption must be canceled; and
(b) Additional real property tax must be imposed in the
amount that would be imposed if an exemption had not been
available undr this chapter, dated back to the date that the facility
last maintained a minimum of 25 family living wage jobs.
(d) Upon a determination that a tax exemption is to be terminated for a
reason stated in this section, the Director shall notify the record owner of
the property as shown by the tax rolls by mail, return receipt requested, of
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ORDINANCE NO. 2021-XX 9
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the determination to terminate the exemption. The owner may appeal the
determination to the city, within 30 days by filing a notice of appeal with
the city, which notice shall specify the factual and legal basis on which the
determination of termination is alleged to be erroneous. At an appeal
hearing, all affected parties may be heard and all competent evidence
received. After the hearing, the governing authority shall either affirm,
modify, or repeal the decision of termination of exemption based on the
evidence received. An aggrieved party may appeal the decision of the
governing authority to the superior court as provided in RCW 34.05.510
through 34.05.598.
(e) Upon determination by the city to terminate an exemption, the
county officials having possession of the assessment and tax rolls shall
correct the rolls in the manner provided for omitted property under RCW
84.40.080. The county assessor shall make such a valuation of the
property and improvements as is necessary to permit the correction of the
rolls. The value of the new industrial/manufacturing facilities added to the
rolls is considered new construction for the purposes of chapter 84.40
RCW. The owner may appeal the valuation to the county board of
equalization as provided in chapter 84.40 RCW. If there has been a failure
to comply with this chapter, the property shall be listed as an omitted
assessment for assessment years beginning January 1st of the calendar
year in which the noncompliance first occurred, but the listing as an
omitted assessment may not be for a period more than three calendar years
preceding the year in which the failure to comply was discovered.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall be effective five days from its
adoption and publication as required by law.
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ORDINANCE NO. 2021-XX 10
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PASSED BY the City Council and APPROVED by the Mayor this _____ day of
October, 2021.
CITY OF ARLINGTON
______________________________
Barbara Tolbert, Mayor
Attest:
______________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
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City of Arlington Council Agenda Bill Item: WS #3 Attachment C
which residential dwelling units or hotels are allowed. HB 1220, also requires cities to allow emergency shelters and indoor emergency housing in any zones in which hotels are allowed. This ordinance amends AMC chapter 20.08, section 20.08.010 – Basic Definitions and Interpretations, section 20.40.040 – Permissible Uses and Specific Exclusions, and table 20.40-1-Table of Permissible Uses, in response to ESSHB 1220. These amendments were presented to the Planning Commission at a public workshop on September 7, 2021. A Public Hearing was held on September 21, 2021 at Planning Commission, with no public opposition
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CITY OF ARLINGTON, WASHINGTON
ORDINANCE NO. 2021- 000
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON, ADOPTING ZONING REGULATIONS RELATED
TO PERMANENT SUPPORTIVE HOUSING, TRANSITIONAL
HOUSING, EMERGENCY HOUSING, AND EMERGENCY
SHELTERS.
WHEREAS, earlier this year, the state legislature enacted HB 1220, which, after
partial veto by Governor Inslee, became Chapter 254, Laws of 2021, and will take effect
on July 25, 2021; and
WHEREAS, Section 3 of HB 1220 contains the following preemption of local
zoning authority:
A code city shall not prohibit transitional housing or
permanent supportive housing in any zones in which
residential dwelling units or hotels are allowed. Effective
September 30, 2021, a code city shall not prohibit indoor
emergency shelters and indoor emergency housing in any
zones in which hotels are allowed, except in such cities that
have adopted an ordinance authorizing indoor emergency
shelters and indoor emergency housing in a majority of
zones within a one-mile proximity to transit.; and
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040; and
WHEREAS, the City’s Community & Economic Development staff, and Planning
Commission, discussed and recommended proposed revisions they concluded were needed to
comply with Chapter 36.70A RCW; and
WHEREAS, the City of Arlington Planning Commission reviewed the proposed code
revisions relating to the provisions within HB 1220, and conducted a public hearing on September 21,
2021 to receive public comments on proposed revisions to the comprehensive plan; and
WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis
and proposed revisions prepared, and the public comments received, the Planning Commission
recommended approval to the City Council; and
WHEREAS, in response to HB 1220, the Arlington City Council would like to make certain
changes to its development regulations that will keep the city compliant with HB 1220;
WHEREAS, the City Council held a public workshop on the proposed plan on October 11,
2021; and considered the matter at its October 18, 2021 regular meeting; and
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WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis
and proposed revisions prepared by their Boards and Commissions and staff, and the public comments
received, the City Council finds and declares that the review and needed revisions have been prepared
in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, and the
approved public participation and adoption process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Applicability. Chapter 20.08 of the Arlington Municipal Code, section
20.08.010 entitled “Basic Definitions and Interpretations”, section 20.40.040, entitled “Permissible
Uses and Specific Exclusions. Subsections 6,7. and Table 20.40-1: Table of Permissible Uses are
hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein
as if set forth in full (new text is shown in underline; deleted text is shown in strikethrough)
Section 2. Ordinance to be transmitted to Department. Pursuant to RCW 36.70A.106 a
copy of this Ordinance shall be transmitted to the Washington Department of Commerce as
required by law.
Section 3. Severability. If any section, sentence, or phrase of this ordinance should be
declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, or
phrase of this ordinance.
Section 4. Effective Date. This Ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after publication
PASSED BY the City Council and APPROVED by the Mayor this 18th day of October, 2021.
Barbara Tolbert, Mayor
ATTEST:
Wendy Van Der Meersche, City Clerk
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APPROVED AS TO FORM:
Steve Peiffle, City Attorney
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Chapter 20.08 - BASIC DEFINITIONS AND INTERPRETATIONS
20.08.010 - Definitions of basic terms.
Unless otherwise specifically provided, as when a particular chapter contains its own definition
section, or unless clearly required by the context, the words and phrases defined in this section shall
have the meaning indicated when used in this title.
"Abandonment" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short term interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or
seasonal closure.
"Abutting" means having a common border with, or being separated from such common border by an
alley or easement.
"Access" means a means of vehicular, pedestrian, or other ingress and egress to a lot or parcel.
"Access easement" means an easement dedicated primarily for ingress/egress to one or more lots,
although utility lines may also be placed within the easement, and within which the parking of
vehicles is prohibited.
"Access tract" means a privately owned tract of land whose sole function is to provide access to
abutting properties and over which an access easement has been dedicated.
A single-family residential access tract or easement serves or is designed to serve not more than four
dwelling units and is expected to or does handle up to 40 average trips per day.
A non-single-family residential access tract or easement is a private road internal to a single non-
single-family residential development intended to provide access to the public or rear-lot property
owners. Such "private roads" can only be used where, in the opinion of the public works director,
there is no potential or need for connection of public streets from one side of a property to another.
The permit-issuing authority must approve their use.
"Accessory antenna device" means antennae that are less than twelve inches in height or width,
excluding the support structure. Examples include, but are not limited to, test mobile antennae or
global positioning system (GPS) antennae.
"Accessory building." See Building, accessory.
"Accessory use." (See Section 20.40.050, Accessory Uses)
"Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common wall other than a firewall. Any walled and
roofed addition that is connected by a firewall or is separated by independent perimeter walls is
considered to be new construction.
"Adjacent" means that which lies near or close to, not widely separated nor necessarily touching.
"Adjacent property owner" means any property owner of record, according to the records of the
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county assessor, whose property adjoins or abuts property proposed for division or any portion
thereof, or whose property is within three hundred feet of the property proposed for division.
"Adjoining" means that which is joined or united and actually touching.
"Adult entertainment."
(a)"Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters,
adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult
sauna parlors, or adult bathhouses, which are defined as follows:(1)"Adult bath house" means a
commercial bathhouse, which excludes any person by virtue of age from all or any portion of the
premises;(2)"Adult bookstore" means a retail establishment in which:(A)Ten percent or more of the
"stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas"; and(B)Any person is excluded by virtue of age from
all or part of the premises generally held open to the public where such material is displayed or
sold.(3)"Adult cabaret" means a commercial establishment that presents go-go dancers, strippers, male
or female impersonators, or similar types of entertainment and which excludes any person by virtue of
age from all or any portion of the premises.(4)"Adult massage parlor" means a commercial
establishment in which massage or other touching of the human body is provided for a fee and which
excludes any person by virtue of age from all or any portion of the premises in which such services is
provided.(5)"Adult motion picture theater" means an establishment, place (indoor or outdoor),
building, enclosure, or portion thereof, used for presenting material distinguished or characterized by
an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.(6)"Adult retail store" means retail establishment
in which:(A)Ten percent of more of the "stock-in-trade" consists of books, magazines, posters,
pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas";
and(B)Any person is excluded by virtue of age from all or part of the premises generally held open to
the public where such material is displayed or sold.(7)"Adult sauna parlor" means a commercial sauna
establishment that excludes any person by virtue of age from all or any portion of the
premises.(8)"Adult video store" means a retail establishment in which:(A)Ten percent of more of the
"stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas"; and(B)Any person is excluded by virtue of age from
all or part of the premises generally held open to the public where such material is displayed or
sold.(b)"Specified anatomical areas" means:(1)Less than completely and/or opaquely covered human
genitals, pubic region, buttock, or female breast below a point immediately above the top of the
areola;(2)Human male genitals in a discernibly turgid state even if completely or opaquely
covered.(c)"Specified sexual activities" means:(1)Acts of human masturbation, sexual intercourse, or
sodomy; or(2)Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast; or(3)Human genitals in a state of sexual stimulation or arousal.(d)"Stock-in-trade"
means:(1)The retail dollar value of all products, equipment, books, magazines posters, pictures,
periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental,
viewing, or use by patrons of the establishment, excluding material located in any storeroom or other
portion of the premises not regularly open to patrons; or(2)The number of titles of all products,
equipment, books, magazines, porters, pictures, periodicals, other printed materials, prerecorded video
tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the
establishment, excluding material located in any storeroom or other portion of the premises not
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regularly open to patrons.
"Adult family home" means a regular family abode in which a person or persons provides personal
care, special care, room, and board to more than one but not more than six adults who are not related
by blood or marriage to the person or persons providing the services.
"Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose
monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly
income of a household whose income is:
(a) For rental housing, sixty percent of the median household income adjusted for household size, for
the county where the household is located, as reported by the United States department of housing and
urban development; or
(b) For owner-occupied housing, eighty percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United States
department of housing and urban development.
"Agriculture land" means land used for commercial production (as shown by financial record) of
horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables, Christmas
trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (six years or longer)
commercial significance for agricultural production.
"Agriculture" means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock
farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily
incidental thereto except small animal husbandry.
"Agency with jurisdiction" means an agency with authority to approve, veto, or finance all or part of a
SEPA-nonexempt proposal (or part of a proposal). The term does not include an agency authorized to
adopt rules or standards of general applicability that could apply to a proposal, when no license or
approval is required from the agency for the specific proposal. The term also does not include a local,
state, or federal agency involved in approving a grant or loan, that serves only as a conduit between
the primary administering agency and the recipient of the grant or loan. Federal agencies with
jurisdiction are those from which a license or funding is sought or required.
"Airport" means any area of land or water designed and set aside for the landing and take-off of
aircraft, including all necessary facilities for the housing and maintenance of aircraft.
"Alterations" means a change or rearrangement of the structural parts of existing facilities, or an
enlargement by extending the site or increasing the height or depth, or moving from one location to
another. In buildings for business, commercial, industrial or similar uses, the installation or
rearrangement of partitions affecting more than one-third of a single floor area shall be considered an
alteration.
"Alley" means a public or private way permanently reserved as a secondary means of access to
abutting property.
"AMC" means the Arlington Municipal Code.
"Antenna" means any system of poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of radio frequency signals.
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(1)Omni-directional antenna (also known as a "whip" antenna) transmits and receives radio frequency
signals in a three hundred sixty degree radial pattern. For the purpose of this document, an omni-
directional antenna is up to fifteen feet in height and up to four inches in diameter.(2)Directional
antenna (also known as a "panel" antenna) transmits and receives radio frequency signals in a specific
directional pattern of less than three hundred sixty degrees.(3)Parabolic antenna (also known as a dish
antenna) is a bowl-shaped device for the reception and/or transmission radio frequency
communications signals in a specific directional pattern.
"Applicant" means a person, partnership, corporation, or other legal entity who applies for any
approval under this Title and who is an owner of the subject property or the authorized agent of the
owner. The applicant for a project permit is deemed to be a participant in any comment period, open
record hearing, or closed record appeal.
"Appropriate" means that which is compatible with a facility's natural, cultural, or recreational
resources, recognizing the purpose of the established area.
"Aquaculture" means the cultivation of aquatic plants and/or animals for human use or consumption.
Aquaculture may include hatcheries, marine crop production, and other similar uses that occur in
either fresh or salt water.
"Aquifer" means a groundwater bearing geologic formation or formations that contains sufficient
amounts of saturated material to yield water.
"Aquifer recharge area" means a body of permeable materials that collects precipitation or surface
water and transmits it to the aquifer.
"Arterial street." See Street, arterial.
"Awning" means any movable roof-like structure cantilevered, or otherwise entirely supported from a
building, so constructed and erected as to permit its being readily and easily detached, moved, or
rolled or folded back to a position flat against the building or a cantilevered projection thereof.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given
year. Also known as the one hundred-year flood.
"Best management practice (BMP)."
(1)When associated with stormwater management means physical, structural, and/or managerial
practices that, when used singly or in combination, prevent or reduce pollution of water.(2)When
associated with groundwater protection means a written plan outlining accepted practices, such as
liquid containment, transfer practices, and emergency procedures whose purpose is to prevent
contamination from contaminated land uses; for instance, monitoring and secondary containment for
underground storage tanks.(3)When associated with environmentally critical areas, BMPs are the best
available conservation practices or systems of practices and management measures that:(A)Control
soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins, and
sediment; and(B)Minimize adverse impacts to surface water and groundwater flow, circulation
patterns, and to the chemical, physical, and biological characteristics of critical areas.
"Battery charging station" means an electrical component assembly or cluster of component
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assemblies designed specifically to charge batteries within electric vehicles, which meets or exceed
any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with rules
adopted under RCW 19.27.540.
"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical energy from
an off-board source that is stored in the vehicle's batteries, and produces zero emissions or pollution
when stationary or operating.
"Battery exchange stations" means a fully automated facility that will enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery
through a fully automated process, which meets or exceeds any standards, codes, and regulations set
forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.
"Billboard" means an off-premises sign owned by a person, corporation, or other entity that engages in
the business of selling the advertising space on that sign.
"Binding site plan" means a drawing to a scale specified in this title which: (a) Identifies and shows
the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters
specified herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established in this title; and (c) contains provisions making
any development be in conformity with the site plan.
"Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries.
"Boarding house" means a residential use consisting of at least one dwelling unit together with more
than two rooms, but not more than four, that are rented or are designed or intended to be rented but
which rooms, individually or collectively, do not constitute separate dwelling units, primarily
evidenced by not having separate kitchen facilities. A rooming house or boarding house is
distinguished from a tourist home in that the former is designed to be occupied by longer-term
residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
"Bog" means a wetland with limited drainage and generally characterized by extensive peat deposits
and acidic waters. Vegetation can include, but is not limited to, sedges, sphagnum moss, eriogonums,
shrubs, and trees.
"Bond" means a written certificate guaranteeing to pay up to a specified amount of money if specified
work is not performed; or any similar mechanism whereby the city has recourse to an identified fund
from which to secure performance of specified work.
"Boundary line adjustment" means a division made for the purpose of alteration by adjusting boundary
lines between platted or un-platted lots or both, which does not create any additional lot, tract, parcel,
site, or division.
"Buffer (to an environmentally critical area)" means land that surrounds and protects a critical area
from adverse impacts to its functions and values or which provide a margin of safety through
protection of slope stability, attenuation of surface water flows, and landslide hazards reasonably
necessary to minimize risk to the public from loss of life or well-being or property damage resulting
from natural disasters; or an area which is an integral part of a stream or wetland ecosystem and which
provides shading, input of organic debris and coarse sediments, room for variation in stream or
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wetland edge, habitat for wildlife and protection from harmful intrusion necessary to protect the public
from losses suffered when the functions and values of aquatic resources are degraded.
"Buffer (to reduce impacts between uses)" means an area, often landscaped, intended to separate and
partially obstruct the view of two adjacent land uses or properties from one another, or intended to
reduce the impact of noise levels generated on one property from the surrounding properties and
intended to enhance the level of safety and promote the aesthetic qualities of the area.
"Building" means a structure designed to be used as a place of occupancy, storage, or shelter.
"Building, accessory" means a minor building that is located on the same lot as a principal building
and that is used incidentally to a principal building or that houses an accessory use.
"Building, principal" means the primary building on a lot or a building that houses a principal use.
"Building permit" means an official document or certification that is issued by the building official
and which authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.
"Bulk" means the term used to describe the size of buildings or other structures, and their relationship
to each other and to open areas and lot lines.
"Cannabis" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin. For the purposes of this definition, "cannabis" does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds
of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted there from, fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination. The term "cannabis" includes cannabis products and useable cannabis.
"Canopy" means a roof-like structure made of any material that projects from the wall of a building
and overhangs a sidewalk or walkway.
"Capital facility plan" means the most recently adopted capital facilities plan, as now in existence or as
hereinafter amended.
"Carrying capacity" means the maximum number of units that can be accommodated by a facility
without reducing the efficiency of that facility. Carrying capacity is used to measure the ability of a
facility to accommodate more units. For example, the carrying capacity of a roadway is the maximum
number of vehicles that can pass over a given section of a lane in one direction during a given time
period. For recreation areas, the carrying capacity is the number of persons that can use the elements
(play equipment, basketball courts, benches, etc.) at any given point in time.
"Certify" means whenever this title requires that some agency certify the existence of some fact or
circumstance to the city, the city may require that such certification be made in any manner that
provides reasonable assurance of the accuracy of the certification. By way of illustration, and without
limiting the foregoing, the city may accept certification by telephone from some agency when the
circumstances warrant it, or the city may require that the certification be in the form of a letter or other
document.
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"Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric
vehicle's battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and
include the following specifications:
(1)Level 1 is considered slow charging. (2)Level 2 is considered medium charging. (3)Level 3 is
considered fast or rapid charging.
Level 1 is present in homes and businesses and typically operates on a fifteen- or twenty-amp breaker
on a one hundred twenty-volt alternating current (AC) circuit and standard outlet.
Level 2 is expected to become the standard for home and public charging and typically operates on a
forty-amp to one hundred-amp breaker on a two hundred eight or two hundred forty-volt AC circuit.
Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along
freeways) and typically operates on a sixty-amp or higher dedicated breaker on a four hundred eighty-
volt or higher three-phase circuit with special grounding equipment. Note that the term "Level 3" is
recommended to identify the increased power need in a numerical fashion (i.e., "3"), but the Level 3
charging level is also sometimes referred to as "Fast" charging and "Rapid" charging (see definition of
rapid charging station below).
"Child care home, special needs" means a home for orphaned, abandoned, dependent, abused, or
neglected children, who as a group meet the definition for a family.
"Child care institution" means an institutional facility housing more than nine orphaned, abandoned,
dependent, abused, or neglected children.
"Circulation area" means that portion of the vehicle accommodation area used for access to parking or
loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other
than parking aisles) comprise the circulation area.
"City" means the city of Arlington.
"Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
"Collector arterial street." See Street, collector arterial.
"Combination use" means a use consisting of a combination on one lot of two or more principal uses
separately listed in the Table of Permissible Uses, Section 20.40.010 (Table of Permissible Uses).
(Under some circumstances, a second principal use may be regarded as accessory to the first, and thus
a combination use is not established. See Section 20.40.050 (Accessory Uses). In addition, when two
or more separately owned or separately operated enterprises occupy the same lot, and all such
enterprises fall within the same principal use classification, this shall not constitute a combination
use.)
"Communication facility, wireless, attached" means a wireless communication facility that is affixed
to an existing structure and is not considered a component of the structure to which it is attached.
"Community development director" means the director of the department of community development.
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"Compatible" means tor the purposes of this title, a project may be found to be compatible with the
area in which it is located in terms of design and use when it meets the following criteria:
(1)Compatibility of design—Where a project is subject to the city's development design guidelines or
design regulations within this title it is presumed to be compatible with the neighborhood in terms of
design when it is found to be in conformance with those guidelines or regulations, even if it does not
resemble existing development, as it is the intent of the city council that neighborhoods should
eventually develop or redevelop according to those design specifications. Where a project is not
subject to those design guidelines or regulations, it may be found to be compatible with the
neighborhood in terms of design when it generally conforms to the architectural aspects (i.e., those
aspects addressed in the Development Design Guidelines) of the existing
development.(2)Compatibility of use—A project may be found to be compatible with the existing uses
of a neighborhood if it causes no significant impacts on surrounding uses or, if it could cause
significant impacts, that those impacts have been mitigated through project design or by conditioning
the permit to restrict or limit certain aspects of the use so as to minimize those impacts.
"Comprehensive plan" means the city's adopted Growth Management Act Comprehensive Plan,
including the land use plan, as now in existence or as hereinafter amended.
"Conditional use permit" means a permit issued by the hearing examiner that authorizes the recipient
to make use of property in accordance with the requirements of this title as well as any additional
requirements imposed by the council.
"Condominium" means a form of ownership of property where the purchaser acquires title to a part of
a building, space, and/or a portion of land, and an undivided interest in the common areas and
facilities. This is distinguished from a cooperative, where the purchaser usually acquires stock that
represents his interest in the property. Where the building so acquired consists of bedrooms with
individual baths or combined bedrooms and living rooms with individual baths and/or has separate
entrances for each unit, each unit shall be considered a separate dwelling unit for the purposes of this
Code.
"Consistency" means for the purpose of reviewing a project per ESHB 1724, the term 'consistency'
shall include all terms used in Chapter IV of that bill and chapter 36.70A RCW to refer to
performance in accordance with Chapter IV of that bill and chapter 36.70A RCW, including but not
limited to compliance, conformity, and consistency.
"Contiguous" means lands are contiguous if they actually adjoin each other and share a common
boundary.
"Convenience store" means a one-story, retail store containing less than three thousand square feet of
gross floor area that is designed and stocked to sell primarily food, beverages, and other household
supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is
designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of
convenience stores are those operated by the "Arco AM/PM" and "7/11" chains.
"Council" means the city council of the city of Arlington.
"County auditor" means as defined in Chapter 36.22 RCW or the office or person assigned such duties
under a county charter.
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"County road." See Street, county road.
"County treasurer" means as defined in Chapter 36.29 RCW or the office or person assigned such
duties under a county charter.
"Critical Area Protection Easement (CAPE)." See Native Growth Protection Easement (NGPE).
"Critical areas" means aquifer recharging areas, fish and wildlife habitats, frequently flooded areas,
geologically hazardous areas, wetlands, and streams, as defined in this chapter.
"Critical habitat" means habitat necessary for the survival of endangered, threatened, sensitive,
candidate, or monitor species as listed by the federal government or the state of Washington.
"Cul-de-sac." See Street, cul-de-sac.
"Day care center, commercial" means any child care arrangement that provides day care on a regular
basis for more than twelve children of whom at least one is unrelated to the provider.
"Day care, in-home" means any child care arrangement that provides day care on a regular basis for
less than twelve children of whom at least one is unrelated to the provider.
"Decision" means written notification to an applicant that his or her permit application has been
approved or denied.
"Dedication" means the deliberate appropriation of land by an owner for any general and public uses,
reserving to himself no other rights than such as are compatible with the full exercise and enjoyment
of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced
by the owner by the presentment for filing of a quitclaim, deed, or a final plat or short plat showing the
dedication thereon; and, the acceptance by the public shall be evidenced by council action or the
approval of such plat for filing by the appropriate governmental unit.
"Design storm" means a prescribed hyetograph and total precipitation amount (for a specific duration
recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the
purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts
of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total
precipitation for a series of time steps representing the total time during which the precipitation
occurs.)
"Developable (e.g., land, acres)" means land on which development can occur per the regulations of
this and other titles of the Arlington Municipal Code. Specifically, lands that are considered
environmentally critical areas per Chapter 20.88 (Environmentally Critical Areas) are not considered
developable.
"Developer" means a person who is responsible for any undertaking that requires a permit.
"Development" means any construction, development, earth movement, clearing, or other site
disturbance, which requires a permit, approval or authorization from the city.
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"Diameter at breast height (dbh)" means the diameter of a tree at four and one-half feet above the
ground.
"Dimensional nonconformity" means a nonconforming situation that occurs when the height, size,
floor space, lot coverage, or other dimensional requirements of a structure or the relationship between
an existing building or buildings and other buildings or lot lines does not conform to the regulations
applicable to the district in which the property is located.
"Distribution center" means a warehouse or other specialized building, often with refrigeration or air
condition, which is stocked with products (goods) to be redistributed to retailers, to wholesalers, or
directly to consumers. The distribution center is used to receive, store temporarily, and redistribute
goods, based on received customer orders.
“Dormitory” means a residence hall providing sleeping rooms for students enrolled in a secondary
boarding or post-secondary educational institution to which it is an accessory use.
"Driveway" means that portion of the vehicle accommodation area that consists of a travel lane
bounded on either side by an area that is not part of the vehicle accommodation area.
"Duplex." See Residence, duplex.
“Dwelling” means a building or portion thereof designed exclusively for human
habitation, including single-family, two-family and multiple-family dwellings, accessory dwelling
units, modular homes, manufactured homes and mobile homes, but not including congregate
residences, nursing homes, dormitories, hotels, or motels, or public facilities such as fire
stations.
“Dwelling unit” means a room, or rooms within a dwelling, configured as described herein and
occupied or intended to be occupied by one family only as living accommodations independent from
any other family on a monthly or longer basis.
A dwelling unit shall be a separate area that includes: 1) a complete food preparation area containing a
sink, a stove or range, a refrigerator, and a countertop; 2) a bathroom containing a toilet, and a shower
or bathtub; and 3) one or more sleeping rooms. For the purposes of this definition, a separate area is an
area having direct access to the exterior of the building or access to the exterior via hallways,
stairways, and elevators that are primarily ingress/egress routes to the exterior rather than leading to
common kitchens and living areas.
"Easement" means land that has specific air, surface, or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than subject
property.
"Effective date of this chapter" means whenever this title refers to the effective date of this chapter,
the reference shall be deemed to include the effective date of the chapter as originally adopted, or the
effective date of an amendment to it if the amendment creates a nonconforming situation.
"Effective date of this title" means whenever this title refers to the effective date of this title, the
reference shall be deemed to include the effective date of any amendments to this title if the
Deleted:
sleeping, kitchen, and bathroom facilities designed for and
used or held ready for use as a permanent residence by one
Deleted:
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amendment, rather than this title as originally adopted, creates a nonconforming situation.
"Electric scooters and motorcycles" means any two or three-wheel vehicle that operates exclusively on
electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero
emissions or pollution when stationary or operating.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle"
includes: (1) a battery electric vehicle [BEV]; (2) a plug-in hybrid electric vehicle [PHEV]; (3) a
neighborhood electric vehicle; and (4) medium-speed electric vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer of electric energy (by
conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An
electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted
outright as an accessory use to any principal use.
"Electric vehicle charging station—Public" means an electric vehicle charging station that is (1)
publicly owned and publicly available (e.g., Park and Ride parking, public library parking lot) or (2)
privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-
family parking lots).
"Electric vehicle charging station—Restricted" means an electric vehicle charging station that is (1)
privately owned and restricted access (e.g., single-family home, executive parking, designated
employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the
general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to
support an electric vehicle, including battery charging stations, rapid charging stations, and battery
exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to be
exclusively for the parking of an electric vehicle.
"Electric vehicle waiting space" means an off-street parking space where an electric vehicle, plug-in
hybrid electric vehicle, electric scooters, and motorcycles wait to use a public electric vehicle charging
station.
“Emergency housing” means temporary indoor accommodations for individuals or families who are
homeless or at imminent risk of becoming homeless that is intended to address the basic health, food,
clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not
require occupants to enter into a lease or an occupancy agreement.
“Emergency shelter” means a facility that provides a temporary shelter for individuals or families
who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an
occupancy agreement. Emergency shelter facilities may include day and warming centers that do not
provide overnight accommodations.
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"Environmentally critical areas (ECAs)" includes critical areas or natural resource lands.
"Extremely low-income household" means a single person, family, or unrelated persons living
together whose adjusted income is at or below thirty percent of the median household income adjusted
for household size, for the county where the household is located, as reported by the United States
department of housing and urban development.
"Expenditure" means a sum of money paid out in return for some benefit or to fulfill some obligation.
The term also includes binding contractual commitments to make future expenditures, as well as any
other substantial changes in position.
"Façade" means the front of a building, particularly that part of a building facing a street or courtyard.
"Family."
(1)Individuals consisting of two or more persons related by genetics, adoption, or marriage, or a group
of five or fewer persons who are not related by genetics, adoption, or marriage and none of whom are
wards of the court unless such wards are related by genetics, adoption, or marriage to all of the
members of such group living in a dwelling unit.(2)The term "family" shall include:(A)State licensed
adult family homes required to be recognized as residential use pursuant to RCW 70.128.175;(B)State
licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to
Subsection (3) below;(C)Group homes for the disabled required to be accommodated as residential
uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended.(3)The
term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined
in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or
not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to
a court order under the supervision of paid staff and personnel.
"Feasible" in the context of low impact development (LID) shall be determined by evaluation against:
(1)Design criteria, limitations, and infeasibility criteria identified for each LID facility in the
Washington Department of Ecology Stormwater Management Manual for Western Washington
(SWMMWW); and (2) Competing needs criteria listed in Chapter 5 of Volume V of the SWMMWW.
"Fen" means wetlands that have the following characteristics: Peat soils sixteen inches or more in
depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and cattails; fens
may have an overstory of spruce and may be associated with open water.
"Final plat" means the final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth in RCW 58.17 and in
this title.
"Floodplain" means any land area susceptible to be inundated by water from the base flood. As used in
this title, the term generally refers to that area designated as subject to flooding from the base flood
(one hundred-year flood) on the most recently adopted "Flood Insurance Rate Map" prepared by the
Federal Emergency Management Agency, a copy of which is on file in the planning department.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. As used in this title, the term refers to that area designated as a floodway
on the most recently adopted "Flood Insurance Rate Map" prepared by the U.S. Federal Emergency
1
Management Agency, a copy of which is on file in the planning department.
"Floor area, gross" means the total area of a building measured by taking the outside dimensions of the
building at each floor level intended for occupancy or storage.
"Floor area, ground" means the square footage area of a building within its largest outside dimensions,
exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways,
garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of
financial institutions only. Ground floor area is the total building area used in determining the
percentage of lot coverage.
"Floor area, net" means the area considered habitable space, not including accessory unoccupied areas
such as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas, or other
similar features.
"Floor area ratio (F.A.R.)" means the horizontal area of all of the floors of any building or buildings
on a lot, divided by the area of such lot, or in the case of planned unit developments, by the net lot
area. Where off-street parking is provided in the principal building or in a building on a lot across a
street or alley from the principal building, the area of the lot upon which such building providing off-
street parking is provided may be included in determining the permitted floor area of the principal
building. Space provided within a building for off-street parking shall not be counted in determining
the floor area of such building.
"Floor area, usable" means any floor area within the outside wall of a building exclusive of areas in
cellars, basements, unfinished attics, garages, open porches, and accessory buildings.
"Freestanding sign." See Sign, freestanding.
"Frontage street." See Street, frontage.
"Gambling establishments" means any establishment that operates or conducts any games played with
cards, roulette wheels, dice, craps, slot machines, mechanical, electro-mechanical or electronic
amusement devices or machines for money, property, checks, credit, or any representative of value
including, without limiting the generality of the foregoing, baccarat, faro, Monte, poker, keno, black
jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, Klondike, chuck-a-luck, wheel of
fortune, chenin de fer, pai gow, beat the banker, and panguingui and similar games of change for the
return of money, cash, or prizes, or anything that could be redeemed for money, cash, or prizes. This
definition does not apply to games of chance operated by charitable organizations licensed under state
law nor to state licensed video lottery terminals, or to those activities permitted under AMC 3.32,
Gambling Tax.
"G.I.S." means geographic information system.
"GMA" means the Growth Management Act, Chapter 17, Laws of the State of Washington of 1990, 1
st Ex. Sess., as now in existence or as hereafter amended.
"G.P.S" means global positioning system.
"Grade" means the established grade of the street or sidewalk as prescribed by the department of
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public works. Where no such grade has been established, the grade shall be the average computed by a
licensed land surveyor at the sidewalk at the property line. Where no sidewalk exists, the grade shall
be established in the same manner on the street adjacent to the property line.
"Gradient terrace" means an earth embankment or a ridge-and-channel constructed with suitable
spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and
conducting it to a stable outlet at a stable non-erosive velocity.
"Gross floor area." See Floor area, gross.
"Gross leasable area (GLA)." See Leasable area, gross.
"Ground floor area." See Floor area, ground.
"Groundwater" means the portion of water contained in interconnected pores or fractures in a
saturated zone or stratum located beneath the surface of the earth or below a surface water body.
"Habitable floor" means any floor usable for living purposes, which includes working, sleeping,
eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a
habitable floor.
"Halfway house" means a home for a group of people meeting the definition for a family who have
demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct, and all of whom are living together as a single family unit.
"Handicapped or infirm home" means a residence within a single dwelling unit for a group of people
meeting the definition for a family who are physically or mentally handicapped or infirm, all of who
are living together as a single family unit. Persons residing in such homes, including the aged and
disabled, principally need residential care rather than medical treatment.
"Hazardous tree" means any tree that poses an imminent danger to persons or property. Existence of
the hazardous condition must be provided in writing by a state certified arborist.
"Hearing examiner" means a person appointed by the city on a case-by-case basis to conduct public
hearings, make decisions, and to prepare a record and findings of fact and conclusions on those permit
applications outlined in this Title.
"Hearing officer" means the person, or chair of the board, before which a hearing is being held. This
can be the community development director, the chair of the planning commission, the hearing
examiner, or city council.
"High-volume traffic generation." See Traffic generation, high volume.
"Home occupation" means a commercial activity that: (i) is conducted by a person on the same lot (in
a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not
so commonly associated with the residential use as to be regarded as an accessory use (see Section
20.40.050 (Accessory Uses), but that can be conducted without any significantly adverse impact on
the surrounding neighborhood.
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Without limiting the generality of the foregoing, a use may not be regarded as having an
insignificantly adverse impact on the surrounding neighborhood if: (i) goods, stock in trade, or other
commodities are displayed, (ii) any on-premises retail sales occur, (iii) more than one person not a
resident on the premises is employed in connection with the purported home occupation, (iv) it creates
objectionable noise, fumes, odor, dust or electrical interference, (v) the use would typically generate
significantly more traffic than is typically associated with a residential neighborhood, or (vi) more
than twenty-five percent of the total gross floor area of residential buildings plus other buildings
housing the purported home occupation, or more than five hundred square feet of gross floor area
(whichever is less), is used for home occupation purposes.
The following is a non-exhaustive list of examples of enterprises that may be home occupations if they
meet the foregoing definitional criteria: (i) the office or studio of a physician, dentist, artist, musician,
lawyer, architect, engineer, teacher, or similar professional, (ii) workshops, greenhouses, or kilns, (iii)
dressmaking or hairdressing studios.
The following is a non-exhaustive list of examples of enterprises that may not be home occupations:
(i) veterinarians, (ii) clinics, (iii) auto repair, (iv) auto sales, or (v) real estate offices, or (vi) any use
that would cause similar impacts.
"Homeowners' association" means a private, nonprofit corporation of homeowners of a fixed area
constituted for the purpose of owning, operating, and maintaining various common properties.
"Immediate vicinity" means with regard to the built or manmade environment, this refers to all
development that is within five hundred linear feet of any proposed development, measured in a
straight line from the property line that is closest to any existing development.
"Impact fee" means a payment of money imposed by the city upon development activity as a condition
of issuance of a permit to pay for public facilities needed to serve new growth and development, and
to mitigate the impacts of the development activity on the capital facilities of the city, but does not
include any permit or application fee.
"Impact fee fund" means the growth management fund of the city created pursuant to AMC Section
3.64.010 (Growth Management Fund Created).
"Impervious surface" means as defined in AMC 13.28, Stormwater Management.
"Improvement" means any change in a property or structure's physical attributes, or any part of such
change.
"Incompatible use" means a use that is incapable of existing in harmony with the natural environment
or with other uses situated in its immediate vicinity (see Harmony).
"Intermediate care home" means a facility maintained for the purpose of providing accommodations
for a group of people meeting the definition for a family needing medical care and supervision at a
lower level than that provided in a nursing care institution but at a higher level than that provided in
institutions for the handicapped or infirm.
"Intermediate care institution" means an institutional facility maintained for the purpose of providing
accommodations for more than nine persons needing medical care and supervision at a lower level
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than that provided in a nursing care institution but at a higher level than that provided in institutions
for the handicapped or infirm.
"Internally illuminated signs" means signs where the source of the illumination is inside the sign and
light emanates through the message of the sign, rather than being reflected off the surface of the sign
from an external source. Without limiting the generality of the foregoing, signs that consist of or
contain tubes that (i) are filled with neon or some other gas that glows when an electric current passes
through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than
merely providing illumination to other parts of the sign that contain the message, shall also be
considered internally illuminated signs.
"Junk" means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the
process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or
disposition.
"Junkyard" means any area, lot, land, parcel, building, or structure, or part thereof, used for the
storage, collection, processing, purchase, sale, salvage, or disposal of junk.
"Kennel" means a commercial operation that: (i) provides food and shelter and care of animals for
purposes not primarily related to medical care (a kennel may or may not be run by or associated with a
veterinarian), or (ii) engages in the breeding of animals for sale.
"Land clearing" means the cutting, logging, or removal of enough vegetation so that the overall nature
of a site's vegetation is altered, except for what would otherwise be considered gardening,
landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is
developed. For example, selectively logging a few mature trees from many trees would not be
considered clearing, while logging all mature trees (even if immature ones are left) so that habitat
value or shading is altered, shall be considered clearing. Another example of clearing would be to grub
or remove all groundcover (blackberries, etc.) over the area limits specified in Section 20.44.100
(Permits for Grading and Filling), Section 20.44.110 (Permits for Land Clearing), and Section
20.44.120 (Restrictions and Requirements), while partial grubbing of this area may not be.
"Lattice tower." See Wireless communications facility, lattice tower.
"Leasable area, gross (GLA)" means the total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured
from the center line of joint partitions and from outside wall faces. GLA is that area on which the
tenants pay rent; it is the area producing income to the landlord. GLA includes all areas less common
areas. (See Common Area.)
"LID facilities" or "low impact development facilities" are distributed stormwater management
practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to:
bioretention, rain gardens, permeable materials, roof downspout controls, dispersion, soil quality and
depth, minimal excavation foundations, vegetated roofs, and water re-use.
"Loading and unloading area" means that portion of the vehicle accommodation area used to satisfy
the requirements of Section 20.72.100 (Loading and Unloading Areas).
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"Local access street." See Street, local access.
"Local collector street." See Street, local collector.
"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and
dimension to meet minimum zoning requirements for width and area. The term shall include tracts or
parcels.
If a public body or any authority with the power of eminent domain condemns, purchases, or
otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land
otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created
is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this
strip shall constitute a separate lot.
Subject to Section 20.32.020 Nonconforming Lots), the permit-issuing authority and the owner of two
or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply
with any of the requirements of this code.
"Lot area" means the total area circumscribed by the boundaries of a lot, except that: (i) when the legal
instrument creating a lot shows the boundary of the lot extending into a public street right-of-way,
then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if
the right-of-way line cannot be determined, a line running parallel to and thirty feet from the center of
the traveled portion of the street.
"Lot coverage" means that percentage of a lot which would be covered by a structure or structures,
excluding allowed projecting eaves. Paved areas, such as driveways, patios, and walkways at or below
grade level shall not be calculated. Decks exempted by the building code are also not calculated. Lot
coverage shall not exceed maximum allowance per Chapter 20.48, Table 20-48.1 Density and
Dimensional Standards. If lot coverage exceeds maximum allowance, development may need
additional drainage improvements as required by city engineer.
"Low impact development (LID)" is a stormwater and land use management strategy that strives to
mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, and transpiration by
emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater
management practices that are integrated into a project design.
"Low-volume traffic generation." See Traffic generation, low volume.
"Low-income household" means a single person, family, or unrelated persons living together whose
adjusted income is at or below eighty percent of the median household income adjusted for household
size, for the county where the household is located, as reported by the United States department of
housing and urban development.
"Macro facility." See Wireless communications facility, macro facility.
"Major trail." See Trail, major.
"Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or
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preparation of the plant, its seeds, or resin. The term does not include;
(1)The mature stalks of the plant;(2) Fiber produced from the mature stalks of the plant;(3) Oil or cake
made from the seeds of the plant;(4) Any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or (5) The
sterilized seed of the plant which is incapable of germination.
"Marijuana-infused products" means products that contain marijuana or marijuana extracts and are
intended for human use. The term "marijuana-infused products" does not include useable marijuana.
"Marijuana, useable" means dried marijuana flowers. The term "useable marijuana" does not include
marijuana-infused products.
"Marijuana production" means a facility licensed by the state liquor control board to produce and sell
marijuana at wholesale to marijuana processors and other marijuana producers.
"Marijuana processing" means a facility licensed by the state liquor control board to process marijuana
into useable marijuana and marijuana-infused products, package and label useable marijuana and
marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused
products at wholesales to marijuana retailers".
"Marijuana retail" means a facility licensed by the state liquor control board to sell useable marijuana
and marijuana-infused products in a retail outlet.
"Medium-speed electric vehicle" means a self-propelled, electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is
more than twenty-five miles per hour but not more than thirty-five miles per hour and otherwise meets
or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.
"Micro facility." See Wireless communications facility, micro facility.
"Mini facility." See Wireless communications facility, mini facility.
"Mining" means the development or extraction of a mineral from its natural occurrences on affected
land.
"Minor trail." See Trail, minor.
"Mitigation" means an action or combination of actions that avoids, minimizes, or compensates for
adverse impacts to critical areas or sensitive resources. Mitigation is considered in the following order
of preference:
(1)Avoiding the impact altogether by not taking a certain action or parts of an action;(2)Minimizing
impacts by limiting the degree or magnitude of the action and its implementation by using appropriate
technology or by taking affirmative steps to avoid or reduce impacts;(3)Rectifying the impacts by
repairing, rehabilitating, or restoring the affected environment;(4)Reducing or eliminating the impact
over time by preservation and maintenance operations during the life of the action;(5)Compensating
for the impact by replacing, enhancing, or providing substitute resources or
environments;(6)Monitoring the impact and the compensation project and taking appropriate
corrective measures.
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"Mobile or manufactured home" means a dwelling unit that: (i) is not constructed in accordance with
the standards set forth in the Uniform Building Code applicable to site-built homes, and (ii) is
composed of one or more components, each of which was substantially assembled in a manufacturing
plant and designed to be transported to the home site on its own chassis, and (iii) exceeds forty feet in
length and eight feet in width.
"Mobile home, Class A" means a mobile home constructed after July 1, 1976, that meets or exceeds
the construction standards promulgated by the U.S. Department of Housing and Urban Development
that were in effect at the time of construction and that satisfies each of the following additional
criteria:
(1)The home has a length not exceeding four times its width;(2)The pitch of the home's roof has a
minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a
type of shingle that is commonly used in standard residential construction;(3)The exterior siding
consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the
reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior
siding commonly used in standard residential construction;(4)A continuous, permanent masonry
foundation, un-pierced except for required ventilation and access, is installed under the home;
and(5)The tongue, axles, transporting lights, and removable towing apparatus are removed after
placement on the lot and before occupancy.
"Mobile home, Class B" means a mobile home constructed after July 1, 1976, that meets or exceeds
the construction standards promulgated by the U.S. Department of Housing and Urban Development
that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify
the house as a Class A mobile home.
"Mobile home, class C" means any mobile home that does not meet the definitional criteria of a Class
A or Class B mobile home.
"Mobile home park" means a residential use in which more than one mobile or manufactured home is
located on a single lot.
"Moderate-income household" means a single person, family, or unrelated persons living together
whose adjusted income is at or below 120 percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United States
department of housing and urban development.
"Modular home" means a dwelling unit constructed in accordance with the standards set forth in the
Uniform Building Code applicable to site-built homes and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final assembly on a
permanent foundation. Among other possibilities, a modular home may consist of two sections
transported to the site in a manner similar to a mobile home (except that the modular home meets
requirements of the Uniform Building Code applicable to site-built homes), or a series of panels or
room sections transported on a truck and erected or joined together on the site.
"Mobile sales and delivery" means sales and delivery of goods or services from a mobile structure,
either motorized or not. Mobile sales and delivery are not intended for uses set up in one location on a
semi-permanent basis, but rather for uses that frequently move from one place to another.
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"Monopole I." See Wireless communications facility, monopole I.
"Monopole II." See Wireless communications facility, monopole II.
"Native Growth Protection Easement (NGPE)" means an easement granted to the city for the
protection of native vegetation within a critical area or its associated buffer.
"Net floor area." See Floor area, net.
"Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor
vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than
twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
"Nonconforming lot" means a lot existing at the effective date of this title (and not created for the
purposes of evading the restrictions of this title) that does not meet the minimum area requirement of
the district in which the lot is located.
"Nonconforming project" means any structure, development, or undertaking that is incomplete at the
effective date of this title and would be inconsistent with any regulation applicable to the district in
which it is located if completed as proposed or planned.
"Nonconforming sign." See Sign, nonconforming.
"Nonconforming situation" means a situation that occurs when, on the effective date of this title, any
existing lot or structure or use of an existing lot or structure does not conform to one or more of the
regulations applicable to the district in which the lot or structure is located. Among other possibilities,
a nonconforming situation may arise because a lot does not meet minimum acreage requirements,
because structures exceed maximum height limitations, because the relationship between existing
buildings and the land (in such matters as density and setback requirements) is not in conformity with
this title, or because land or buildings are used for purposes made unlawful by this title.
Nonconforming signs shall not be regarded as nonconforming situations for purposes of Chapter 20.32
(Nonconforming Situations) but shall be governed by the provisions of Section 20.68.150
(Nonconforming Signs) and Section 20.68.160 (Amortization of Nonconforming Signs).
"Nonconforming use" means a nonconforming situation that occurs when property is used for a
purpose or in a manner made unlawful by the use regulations applicable to the district in which the
property is located. (For example, a commercial office building in a residential district may be a
nonconforming use.) The term also refers to the activity that constitutes the use made of the property.
(For example, all the activity associated with operating a retail-clothing store in a residentially zoned
area constitutes a nonconforming use.)
"Non-electric vehicle" means any vehicle not defined as an electric vehicle as defined above under
'electric vehicle'.
"Nuisance" means the use of property or course of conduct that interferes with the legal rights of
others which causes damage, annoyance, inconvenience, or tends to injure the health, safety, or morals
of the city's residents.
"Nursing care home" means a facility maintained for the purpose of providing skilled nursing care and
1
medical supervision at a lower level than that available in a hospital to not more than nine persons.
"Nursing care institution" means an institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than that available in a hospital to more
than nine persons.
"Occupied" means containing any person or persons for any period exceeding two hours in any
twenty-four hour period.
"Occupied space" means an area enclosed or covered providing a ceiling height of seven feet six
inches or more, intended for normal use by people on an occasional or more frequent basis. Occupied
space may include basements, cellars, penthouses, and interior balconies or mezzanines if the space is
intended for use or habitation.
"Off-premises sign." See Sign, off-premises.
"On-premises sign." See Sign, on-premises.
"Open drainage facility" means an above ground facility, such as a pond or bioretention cell, that
temporarily stores stormwater runoff.
"Ordinary high water mark" means that mark that will be found by examining the bed and banks and
ascertaining where the presence and action of waters are so common and usual, and so long continued
in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or
as it may change thereafter in accordance with permits issued by the city or the department of ecology:
provided, that in any area where the ordinary high water mark cannot be found, the ordinary high
water mark shall be the line of mean high water.
"Owner" means all persons, partnerships, corporations, and other legal entities that have an ownership
interest (including purchasers and sellers under a real estate contract if the contract is recorded) in the
subject property.
"Parking area aisles" means a portion of the vehicle accommodation area consisting of lanes providing
access to parking spaces.
"Parking space" means a portion of the vehicle accommodation area set aside for the parking of one
vehicle.
"Pedestrian-way" means a tract or easement whose function is to provide public, pedestrian access
traversing property outside of a street right-of-way. In some instances, such tracts or easements may
be combined with utility tracts or easements.
“Permanent supportive housing” is one or more subsidized, leased dwelling units with no limit on
length of stay that prioritizes people who need comprehensive support services to retain tenancy and
utilizes admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and
personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services
designed to support a person living with a complex and disabling behavioral health or physical health
1
condition who was experiencing homelessness or was at imminent risk of homelessness prior to
moving into housing to retain their housing and be a successful tenant in a housing arrangement,
improve the resident's health status, and connect the resident of the housing with community-based
health care, treatment, or employment services. Permanent supportive housing is subject to all of the
rights and responsibilities defined in the Residential Landlord Tenant Act, chapter 59.18 RCW.
"Permit-issuing authority" means wherever this code refers to the "permit-issuing authority" it refers
to that person, board, office, or institution having jurisdiction over the permit in question, as specified
in Chapters 20.12 (Administrative Mechanisms), 20.16 (Permits and Final Plat Approval), 20.20
(Appeals, Variances, Interpretations), and 20.24 (Hearing and Pre-Hearing Procedures For Appeals
and Applications).
"Person" means an individual, trustee, executor, other fiduciary, corporation, firm, partnership,
association, organization, or other entity acting as a unit.
"Planning jurisdiction" means the area within the city limits as well as any area beyond the city limits
within which the city is authorized to plan for and regulate development, as set forth in Section
20.04.030 (Jurisdiction).
"Planning official" means the director of the department of community development or his/her
designee.
"Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel
of land into lots, blocks, streets and alleys, or other divisions and dedications.
"Plat, final" means the final drawing of the major subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in this title.
"Plat, preliminary, or plat, preliminary short" means a neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, dedications, restrictive
covenants, and other elements of a subdivision consistent with the requirements of this title. The
preliminary plat shall be the basis for the approval or disapproval of the general layout of a
subdivision.
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that (1) contains an internal
combustion engine, and also allows power to be delivered to the drive wheels by an electric motor; (2)
is able to recharge its battery by connecting to the grid or other off-board electrical source; and (3) has
the ability to travel short distances (typically ten miles or more) powered all, or substantially all, by
electricity.
"Porch, front" means for the purposes of Section 20.48.040(f) (Building Setback Requirements) a
front porch is a covered platform at an entrance to a dwelling, having a separate roof, that is not heated
or cooled, and that is attached to the outside of a building.
"Private alley" means a private access or street, at least sixteen feet of pavement, that provides access
to residential parcels or units, and that provides principal access to garages or code-required parking
areas. Alleys provide parking and service access, but are not intended for general traffic circulation.
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"Public alley" means a public way permanently reserved as a secondary means of access to abutting
property.
"Public place of adult entertainment" means any exhibition or dance constituting "adult
entertainment," as defined in this section, which is for the use or benefit of a member or members of
the adult public, or advertised for the use or benefit of a member or members of the adult public, held
conducted, operated or maintained for a profit, direct or indirect.
"Public water supply system" means any water supply system furnishing potable water to two or more
dwelling units or businesses or any combination thereof.
"Quarrying." See Mining.
"Rapid charging station" means an industrial grade electrical outlet that allow for faster recharging of
electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes,
and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW
19.27.540.
"Receive-only earth station" means an antenna and attendant processing equipment for reception of
electronic signals from satellites.
"Repair or maintenance activities" means an action to restore the character, size, or scope of a project
only to the previously authorized condition.
"Residence, duplex" means a two-family residential use in which the dwelling units share a common
wall (including without limitation the wall of an attached garage or porch) and in which each dwelling
unit has living space on the ground floor and a separate, ground floor entrance.
"Residence, multi-family" means a residential use consisting of a building containing three or more
dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed
within that building or attached to it by a common floor or wall (even the wall of an attached garage or
porch).
"Residence, multi-family apartments" means a multi-family residential use other than a multi-family
conversion or multi-family townhouse.
"Residence, multi-family conversion" means a multi-family residence containing not more than four
dwelling units and results from the conversion of a single building containing at least two thousand
square feet of gross floor area that was in existence on the effective date of this provision and that was
originally designed, constructed and occupied as a single-family residence.
"Residence, multi-family townhouses" means a multi-family resident use in which each dwelling unit
shares a common wall (including without limitation the wall of an attached garage or porch) with at
least one other dwelling unit and in which each dwelling unit has living space on the ground floor and
a separate, ground floor entrance.
"Residence, primary with accessory dwelling unit" means a residential use having the external
appearance of a single-family residence but in which there is located a second dwelling unit that is
under the same ownership as, and subordinate to the single-family dwelling unit, and that is intended
1
for use as a complete and independent living facility, and that comprises not more than twenty-five
percent of the gross floor area of the building nor more than a total of eight hundred square feet.
"Residence, single-family attached, one dwelling unit per lot" means a residential use consisting of a
single building containing two dwelling units which share a common wall (including without
limitation the wall of an attached garage or porch), but located on two separate lots containing no
other dwelling units in such a manner that a lot line bisects the building along the common wall and
that each dwelling unit is completely on a separate lot.
"Residence, single-family detached, more than one dwelling per lot" means a residential use consisting
of two or more single-family detached dwelling units on a single lot.
"Residence, single-family detached, one dwelling unit per lot" means a residential use consisting of a
single detached building containing one dwelling unit and located on a lot containing no other
dwelling units.
"Residence, two-family" means a residential use consisting of a building containing two dwelling
units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the
dwelling units shall be considered to be located in one building.
"Residence, two-family apartment" means a two-family residential use other than a duplex, two-
family conversion, or primary residence with accessory dwelling unit.
"Residence, two-family conversion" means a two-family residence resulting from the conversion of a
single building containing at least two thousand square feet of gross floor area that was in existence on
the effective date of this provision and that was originally designed, constructed and occupied as a
single-family residence.
"Restoration" means action performed to re-establish historic or pre-existing critical area functions
and values in areas impacted by human activity. Restoration may include improving some functions
and values beyond the historic conditions with commensurate declines in others.
"Right-of-way" means land dedicated primarily to the movement of vehicles and/or pedestrians and
providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines
and appurtenances and similar components.
"Rooming house." (See Boarding house.)
"School district" means either the Arlington School District or the Lakewood School District, or both.
"Servient lot" means any lot which has the burden of providing an access easement for use by other
lots.
"Shoreline master program" means the city's land supplemental use plan and regulations for shorelines
adopted pursuant to RCW 90.58.
"Short subdivision." See Subdivision, short.
"Short plat." See Plat, preliminary.
1
"Sign" means any device that (i) is sufficiently visible to persons not located on the lot where such
device is located to accomplish either of the objectives set forth in subdivision (ii) of this definition;
and (ii) is designed to attract the attention of such persons or to communicate information to them.
"Signs, blade" means small signs oriented perpendicular to the façade, typically located above or
adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. Blade signs
project directly from the building's façade.
"Signs, canopy" means small signs oriented perpendicular or parallel to the façade, typically located
above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. Canopy
signs are suspended from a fixed overhead shelter attached to the building's façade.
"Sign, changeable text" means permanent sign fixtures on or within which text may be periodically
changed (e.g., for short-term sales or specials). While the fixture must be permitted, the text may
change without a permit as long as it fits within the dimensional parameters of the fixture.
"Sign, freestanding" means a sign that is attached to, erected on, or supported by some structure (such
as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building
or other structure having a principal function other than the support of a sign. A sign that stands
without supporting elements, such as a "sandwich board sign," is also a freestanding sign.
"Signs, marquee" means signs painted on or attached to a marquee.
"Sign, nonconforming" means a sign that, on the effective date of this title, does not conform to one or
more of the regulations set forth in this title, particularly Chapter 20.68, Signs.
"Sign, off-premises" means a sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided at a location other than the premises on which the
sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message shall also be an off-premise sign unless such sign is excluded from
regulation under Section 20.68.120 (Miscellaneous Restrictions and Prohibitions).
"Sign, on-premises" means a sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided on the premises where the sign is located.
"Sign permit" means a permit issued by the building official or community development director that
authorizes the recipient to erect, move, enlarge, or substantially alter a sign.
"Sign, temporary" means a sign that (i) is used in connection with a circumstance, situation, or event
that is designed, intended or expected to take place or to be completed within a reasonably short or
definite period after the erection of such sign, or (ii) is intended to remain on the location where it is
erected or placed for a period of not more than fifteen days. If a sign display area is permanent but the
message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
"Significant tree(s)." See Tree(s), significant.
1
"Special events" means circuses, fairs, carnivals, festivals, or other types of special events that (i) run
for longer than one day but not longer than two weeks, (ii) are intended to or likely to attract
substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the
property where the special event is to be located.
"Special needs child care home." See Child care home, special needs.
"Special use permit" means a permit issued by the community development director or the hearing
examiner that authorizes the recipient to make use of property in accordance with the requirements of
this title as well as any additional requirements imposed by the decision-making authority.
"Standard record of survey" means a record of survey form approved by the city of Arlington and in
accordance with RCW. 58.09.
"State Highway." See Street, State Highway.
"Storage, shipping, or moving container" means a reusable container that was originally constructed or
was originally manufactured to be used for transport, moving and storage. These units are typically
constructed or assembled of, but not limited to canvas, corrugated and weathered steel, or aluminum,
and come in varying lengths and heights. They are transported by container ships, trucks, or trains.
This definition is not intended to include garbage and/or recycling containers.
"Street" means a public street or a street with respect to which an offer of dedication has been made.
"Street, arterial" means a major street in the city's street system that serves as an avenue for the
circulation of traffic into, out of, or around the city and carries high volumes of traffic.
"Street, arterial (four-lane)" means a four-lane (two driving lanes in both directions) configuration of
an arterial.
"Street, arterial (five-lane)" means a five-lane (two driving lanes in both directions, plus a center turn
lane/median) configuration of an arterial.
"Street, collector arterial" means a street whose principal function is to carry traffic between minor,
local, and sub collector streets and arterial streets but that may also provide direct access to abutting
properties. It serves or is designed to serve, directly or indirectly, more than one hundred dwelling
units and is designed to be used or is used to carry more than one thousand average trips per day.
"Street, county road" means a street under the jurisdiction of Snohomish County.
"Street, cul-de-sac" means a street that terminates in a vehicular turnaround.
"Street, frontage" means a street that is parallel to and adjacent to an arterial street and that is designed
to provide access to abutting properties so that these properties are somewhat sheltered from the
effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is
not impeded by direct driveway access from a large number of abutting properties. Such a street may
be classified as a local access, local collector, or collector arterial.
"Street, local access" means a street whose sole function is to provide access to abutting properties. It
1
serves or is designed to serve not more than twenty-five dwelling units and is expected to or does
handle between forty and two hundred fifty average trips per day.
"Street, local collector" means a street whose principal function is to provide access to abutting
properties but is also designed to be used or is used to connect minor and local streets with collector or
arterial streets. Including residences indirectly served through connecting streets, it serves or is
designed to serve at least twenty-six but not more than one hundred dwelling units and is expected to
or does handle between two hundred fifty and one thousand trips per day.
"Street, state highway" means a street under the jurisdiction of Washington State Department of
Transportation.
"Structure" means anything constructed or erected.
"Subdivision" means the division or re-division of land into lots, tracts, parcels, sites, or divisions for
the purpose of sale, lease, or transfer of ownership; but the following shall not be included within this
definition nor be subject to the regulations of this title applicable strictly to subdivisions: (i) the public
acquisition by purchase or dedication of strips of land for widening or opening streets.
"Subdivision, major" means the division or re-division of land into ten or more lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, short" means the division or re-division of land into nine or fewer lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or transfer of ownership.
"Surface water" means water on the earth's surface exposed to the atmosphere.
"Temporary emergency, construction, or repair residence" means a residence (which may be a mobile
home) that is: (i) located on the same lot as a residence made uninhabitable by fire, flood, or other
natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the same lot
as a residence that is under construction or undergoing substantial repairs or reconstruction and
occupied by the persons intending to live in such permanent residence when the work is completed, or
(iii) located on a nonresidential construction site and occupied by persons having construction or
security responsibilities over such construction site.
"Temporary sign." See Sign, temporary.
"Tourist home" means a single-family structure in which rooms are rented by the day or week.
"Tower" means any structure whose principal function is to support an antenna.
"Tract. A lot." The term tract is used interchangeably with the term lot, particularly in the context of
subdivisions, where one "tract" is subdivided into several "lots."
"Traffic generation, high volume" means all uses in the 2.000 classification (as listed in 20.40.010,
Table of Permissible Uses) other than low-volume traffic generation uses.
"Traffic generation, low volume" means uses such as furniture stores, carpet stores, major appliance
stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or
1
display area for each unit offered for sale, and that therefore generate less customer traffic per square
foot of floor space than stores selling smaller items.
"Trail, major" means a paved multi-use access traversing property outside of a street right-of-way
(e.g., Centennial Trail).
"Trail, minor" means a non-paved pedestrian access traversing property outside of a street right-of-
way.
“Transitional housing” means one or more dwelling units owned, operated, or managed by a nonprofit
organization or governmental entity in which supportive services are provided to individuals and
families that were formerly homeless, with the intent to stabilize them and move them to permanent
housing within a period of not more than twenty-four months, or longer if the program is limited to
tenants within a specified age range or the program is intended for tenants in need of time to complete
and transition from educational or training or service programs.
"Transportation plan" means the transportation plan element of the city's comprehensive plan,
including the city's current six-year transportation improvement plan.
"Travel trailer" means a structure that (i) is intended to be transported over the streets and highways
(either as a motor vehicle or attached to or hauled by a motor vehicle) and (ii) is designed for
temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a
mobile home.
"Tree(s), significant" means any deciduous tree eight inches or greater in diameter (twenty-five inches
in circumference or greater), and any evergreen tree twelve inches or greater in diameter (thirty-seven
inches in circumstance or greater), measured one foot above the root crown.
"Trees(s), significant stands of" means any stand of healthy trees, not particularly of a large size, that
has a high likelihood of withstanding wind-throw even after adjacent trees are removed, and serves or
could serve as biological habitat, a recreational or aesthetic amenity, or screening as required by this
title.
"Urban growth area" means that portion of the city's planning jurisdiction that lies outside the
corporate limits of the city and within the urban growth boundary.
"Use" means the activity or function that actually takes place or is intended to take place on a lot.
"Use, principal" means a use listed in the table of permissible uses.
"Utility easement" means an easement dedicated to utility providers for the purpose of allowing utility
facilities and access to them.
"Utility facilities" means any above-ground structures or facilities (other than buildings, unless such
buildings are used as storage incidental to the operation of such structures or facilities) owned by a
governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility
for any purpose by RCW 80.04.015 and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic
1
signals. Excepted from this definition are utility lines and supporting structures listed in Subsection
20.60.450(e) Underground Utilities).
"Utility facilities, community or regional" means all utility facilities other than neighborhood
facilities.
"Utility facilities, neighborhood" means utility facilities that are designed to serve the immediately
surrounding neighborhood and that must, for reasons associated with the purpose of the utility in
question, be located in or near the neighborhood where such facilities are proposed to be located.
"Variance" means a grant of permission by the appropriate authority that authorizes the recipient to do
that which, according to the strict letter of this title, he could not otherwise legally do.
"Vegetated LID facilities" include bioretention, rain gardens, dispersion, vegetated roofs, and natural
treatment areas.
"Vehicular access easement or tract." See Street, private access tract.
"Vehicle accommodation area" means that portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and
unloading areas, and parking areas.
"Very low-income household" means a single person, family, or unrelated persons living together
whose adjusted income is at or below fifty percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United States
department of housing and urban development.
"Warehouse storage" means a development of one or more enclosed structures providing individual
accessible or generally accessible areas for temporary storage of bulk merchandise or inventory of
commercial goods to be utilized in a separate location. This use shall not be used for residential
occupancy, commercial or business operations, or operation of machinery within the leased space
(except for equipment used in the operation of the facility, i.e. fork lifts, cranes, or similar equipment).
The term "warehouse" does not refer to "self-storage facilities."
"Wholesale sales" means on-premises sales of goods primarily to customers engaged in the business
of reselling the goods.
"Wireless communications facility, micro facility" means an wireless communication facility which
consists of antennas equal to or less than four feet in height (except omni directional antennas which
may be up to six feet in height) and with an area of not more than five hundred eighty (580) square
inches in the aggregate (e.g. one foot diameter parabola or 2' × 1.5' panel) as viewed from any one
point.
"Wireless communications facility, mini facility" means an wireless communication facility which
consists of antennas equal to or less than ten feet in height or a parabolic antenna up to one meter
(39.37 inches) in diameter and with an area not more than fifty square feet in the aggregate as viewed
from any one point.
"Wireless communications facility, macro facility" means a wireless communication facility which
1
consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter
(39.37 inches) in diameter and with an area not more than one hundred square feet in the aggregate as
viewed from any one point.
"Wireless communications facility, monopole I" means a wireless communication facility that consists
of a support structure, the height of which shall not exceed sixty feet.
"Wireless communications facility, monopole II" means a wireless communication facility that
consists of a wireless communications support structure, up to a maximum of one hundred fifty feet in
height erected to support wireless communication antennas and connecting appurtenances.
"Wireless communications facility, lattice tower" means a wireless communication support structure
that consists of metal crossed strips or bars to support antennas and related equipment.
"Wooded area" means an area of contiguous wooded vegetation where trees are at a density of at least
one six-inch or greater caliper tree per three hundred twenty-five square feet of land and where the
branches and leaves form a contiguous canopy.
"Zoning permit" means a permit issued by the city that authorizes the recipient to make use of
property in accordance with the requirements of this title.
"Zoning verification" means an administrative approval granted by the city that authorizes the
recipient to make use of property in accordance with the requirements of this title.
(Ord. 1454 §§ 1, 2, 2008; Ord. 1438 § 1, 2007; Ord. 1411 § 13, 2007; Ord. 1365 §§ 1, 13, 14, 2005;
Ord. 1351 § 2, 2004; Ord. 1312 § 1, 2003; Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-002, 2-7-2011; Ord. No. 2011-026, §§ 1, 2, 10-3-2011; Ord. No. 2013-010, § 2, 8-5-
2013; Ord. No. 2014-002, § 2, 2-3-2014; Ord. No. 2014-015, § 2, 10-6-2014; Ord. No. 2015-021, § 1,
10-5-2015; Ord. No. 2015-025, § 1, 10-19-2015; Ord. No. 2016-003, § 1, 2-2-2016; Ord. No. 2016-
015, § 1, 8-1-2016; Ord. No. 2017-015, § 2, 11-6-2017)
Exhibit A
Chapter 20.40
PERMISSIBLE USES
Sections:
20.40.010 Table of Permissible Uses.
20.40.020 Use of Designations Z, S, C in table of Permissible Uses.
20.40.030 Community Development Director Jurisdiction over uses otherwise Permissible with a
Zoning Permit.
20.40.040 Permissible Uses and Specific Exclusions.
20.40.050 Accessory Uses.
20.40.060 Permissible Uses not Requiring Land Use Permits.
20.40.070 Change in Use.
20.40.080 Combination Uses.
20.40.090 More Specific Use Controls.
20.40.010 - Table of permissible uses.
Table 20.40-1, the Table of Permissible Uses sets forth the permissible uses within the respective
zoning classifications in the city, subject to other applicable provisions in this title. It should be read in
close conjunction with the definitions of terms set forth in Section 20.08.010 (definitions of basic
terms) and the other interpretative provisions set forth in this article.
(Ord. 1388 § 3, 2006; Ord. 1363 § 3, 2005; Ord. 1309 § 5(part), 2003)
(Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014; Ord. No. 2015-021, § 2, 10-5-
2015)
20.40.020 - Use of the designations Z, S, C in table of permissible uses.
(a) Subject to Section 20.40.030 (community development director jurisdiction over uses otherwise
permissible with a zoning permit), when used in connection with a particular use in the table of
permissible uses (Section 20.40.010), the letter "P" means that the use is permissible with a valid city
business license. The letters "ZV" mean that the use is permissible with a zoning verification
approval. The letters ACUP mean that the use is permissible with an administrative conditional use
permit. The letter "Z" means that the use is permissible in the indicated zone with a zoning permit
issued by the community development director. The letter "S" means a special use permit must be
obtained from the community development director or hearing examiner, and the letter "C" means a
conditional use permit must be obtained from the hearing examiner.
(b) When used in connection with residential uses (use classification 1.000), the designation "ZSC"
means that such developments of less than twenty dwelling units must be pursuant to a zoning
permit, developments of twenty or more but less than fifty dwelling units need a special use permit,
and developments of fifty or more dwelling units require a conditional use permit.
(c) When used in connection with nonresidential uses, the designation "ZS" or "ZC" means that
such developments require a zoning permit if the total area to be developed is less than four acres in
size, and a special or conditional use permit, respectively, if the total area is four acres or larger in
area. The area to be developed shall be measured using a rectangular perimeter enclosing the full
extent of the on-site development, including any development that may be necessary to meet the
requirements of this title. If development occurs in succession over time, then a special or conditional
use permit shall be required at the point when the entire developed or developing area surpasses four
acres.
(d) Use of the designation ZSC for combination uses is explained in Section 20.40.080
(Combination Uses).
Exhibit A
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2015-021, § 3, 10-5-2015)
20.40.030 - Community development director jurisdiction over uses otherwise permissible with a
zoning permit.
Notwithstanding any other provisions of this chapter, whenever the Table of Permissible Uses
(interpreted in the light of Section 20.40.020 (Use of the Designations Z, S, C in Table of Permissible
Uses) and the other provisions of this chapter) provides that a use in a nonresidential zone or a
nonconforming use in a residential zone is permissible with a zoning permit, a special use permit shall
nevertheless be required if the community development director finds that the proposed use would
have an extraordinary impact on neighboring properties or the general public. In making this
determination, the community development director shall consider, among other factors, whether the
use is proposed for an undeveloped or previously developed lot, whether the proposed use
constitutes a change from one principal use classification to another, whether the use is proposed for
a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is
substantially unique or is likely to have impacts that differ substantially from those presented by other
uses that are permissible in the zoning district in question.
(Ord. 1309 § 5(part), 2003)
20.40.040 - Permissible uses and specific exclusions.
(a) The presumption established by this title is that all legitimate uses of land are addressed within
the Table of Permissible Uses, and are either allowed or not allowed thereby. But because the list of
permissible uses set forth in Section 20.40.010 (Table of Permissible Uses) cannot be all-inclusive,
those uses that are listed shall be interpreted liberally to include other uses that have similar impacts
to the listed uses.
(b) Notwithstanding Subsection (a), all distinct uses that are not listed in Section 20.40.010 (Table
of Permissible Uses), even given the liberal interpretation mandated by Subsection (a), are
prohibited. Nor shall Section 20.40.010 (Table of Permissible Uses) be interpreted to allow a use in
one zoning district when the use in question is more closely related to another specified use that is
permissible in other zoning districts. Similarly, all uses listed but left blank under the zone
compatibility columns are prohibited.
(c) Without limiting the generality of the foregoing provisions, the following uses are specifically
prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly
combustible or explosive materials in violation of the city's fire prevention code.
(2) Stockyards, slaughterhouses, rendering plants.
(3) Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence.
(Temporary residence is permitted under certain conditions pursuant to Section 20.44.044,
Recreational Vehicles as Temporary Dwelling Units).
(4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any
goods are sold or stored, any services are performed, or other business is conducted. This prohibition
does not apply to temporary public services, such as bookmobiles, blood donation centers, public
service information, etc. (Situations that do not comply with this subsection on the effective date of
this title are required to conform within thirty days.)
(5) The following activities, including any similar activities, are prohibited as home occupations in all
zones: marijuana production, marijuana processing, and marijuana retail.
(6) The number of permanent supportive housing units and transitional housing units allowed on
any given property shall be no more than the number of standard dwelling units that would be allowed
under the zoning of the property, PROVIDED THAT in no case shall the number of permanent
Exhibit A
supportive housing units and transitional housing units allowed on any given property exceed ten. No
permanent supportive housing unit or transitional housing unit may be located within one mile of
another property than contains permanent supportive housing or transitional housing. Each unit of
permanent supportive housing or transitional housing shall be limited to occupancy by one family as
that term is defined in the AMC. All permanent support housing units and transitional housing units
shall be within a quarter mile walking distance to a Community Transit bus stop. Permanent
supportive housing or transitional housing shall not be located within a mile of emergency housing and
emergency shelters.
(7) The occupancy of an emergency shelter or emergency housing facility shall be limited to no
more than five families or twenty people, whichever is fewer. There shall be no more than one
continuously operating emergency shelter in the city and no more than one continuously operating
emergency housing facility within the city. As used herein, the phrase “continuously operating” is
intended to exclude emergency shelters and emergency housing facilities that are needed to respond
temporarily to a natural disaster or other similarly acute emergency that has caused unexpected
homelessness within the city. No continuously operating emergency shelter may be located within a
mile of a continuously operating emergency housing facility. No continuously operating emergency
housing facility may be located within a mile of a continuously operating emergency shelter.
Emergency housing and emergency shelters shall not be located within a mile of permanent supportive
housing or transitional housing units.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2014-002, § 4, 2-3-2014)
20.40.050 - Accessory uses.
(a) The table of permissible uses (Section 20.40.010) classifies different principal uses according to
their different impacts. Whenever an activity (which may or may not be separately listed as a principal
use in this table) is conducted in conjunction with another principal use and the former use (i)
constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is
commonly associated with the principal use and integrally related to it, then the former use may be
regarded as accessory to the principal use and may be carried on underneath the umbrella of the
permit issued for the principal use.
(b) For purposes of interpreting Subsection (a):
(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of
itself or in relation to the principal use,
(2) To be "commonly associated" with a principal use it is not necessary for an accessory use to be
connected with such principal use more times than not, but only that the association of such
accessory use with such principal use takes place with sufficient frequency that there is common
acceptance of their relatedness.
(c) Without limiting the generality of Subsections (a) and (b), the following activities, so long as they
satisfy the general criteria set forth above, are specifically regarded as accessory to residential
principal uses:
(1) Offices or studios within an enclosed building and used by an occupant of a residence located
on the same lot (or lots where the principal use occupies more than one lot) as such building to carry
on administrative or artistic activities of a commercial nature, so long as such activities do not fall
within the definition of a home occupation.
(2) Hobbies or recreational activities of a noncommercial nature.
(3) The renting out of one or two rooms within a single-family residence (which one or two rooms
do not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not
Exhibit A
more than two persons who are not part of the family that resides in the single-family dwelling.
(4) Yard sales or garage sales, so long as such sales are not conducted on the same lot (or lots
where the principal use occupies more than one lot) for more than three days (whether consecutive or
not) during any ninety-day period.
(d) Without limiting the generality of Subsections (a) and (b), the following activities shall not be
regarded as accessory to a residential principal use and are prohibited in residential districts.
(1) Abandoned vehicles as regulated by AMC Chapter 9.92 (Abandoned Vehicles).
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2015-021, § 4, 10-5-2015)
20.40.060 - Permissible uses not requiring land use permits.
Notwithstanding any other provisions of this title, no zoning, special use, or conditional use permit is
necessary for the following uses:
(1) Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or
pipes, together with supporting poles or structures, located within a public right-of-way.
(2) Neighborhood, but not regional, utility facilities located within a public right-of-way with the
permission of the owner (state or city) of the right-of-way.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2015-021, § 5, 10-5-2015)
20.40.070 - Change in use.
(a) A substantial change in use of property occurs whenever a new use or activity conducted on a
lot creates a more intensive impact to the site in question or to the infrastructure of the city than the
previous use, as determined by the community development director and/or his or her designee.
(b) A mere change in the status of property from occupied to unoccupied or vice versa does not
constitute a substantial change in use. Whether a change in use occurs shall be determined by
comparing the two active uses of the property without regard to any intervening period during which
the property may have been unoccupied, unless the property has remained unoccupied for more than
one hundred eighty consecutive days or has been abandoned.
(c) A mere change in ownership of a business or enterprise or a change in the name shall not be
regarded as a substantial change in use.
(Ord. 1411 § 32, 2007; Ord. 1309 § 5(part), 2003)
20.40.080 - Combination uses.
(a) When a combination use comprises two or more principal uses that require different types of
permits (zoning, special use, or conditional use), then the permit authorizing the combination use
shall be:
(1) A conditional use permit if any of the principal uses combined requires a conditional use permit.
(2) A special use permit if any of the principal uses combined requires a special use permit but
none requires a conditional use permit.
(3) A zoning permit in all other cases. This is indicated in the Table of Permissible Uses by the
designation ZSC in each of the columns adjacent to the 29.000 classification.
(Ord. No. 1312, 11-17-2003; Ord. 1309 § 5(part), 2003)
20.40.090 - More specific use controls.
Exhibit A
Whenever a development could fall within more than one use classification in the table of permissible
uses (Section 20.40.010), the classification that most closely and most specifically describes the
development controls.
(Ord. No. 2015-021, § 6, 10-5-2015)
Exhibit A
Table 20.40-1: Table of Permissible Uses
USE DESCRIPTION
one dwelling unit per lot
structures ZV ZV ZV ZV ZV
above permitted non-residential
use (one only) 17
ZV ZV ZV ZV ZV ZV
more than one dwelling unit per
lot
Exhibit A
USE DESCRIPTION
above permitted non-residential
use (one only) 17
ZV ZV ZV ZV ZV ZV
permitted non-residential use
(one only) 17
ZV ZV ZV ZV ZV
Exhibit A
USE DESCRIPTION
apartments31 ZSC ZSC ZSC ZSC Z
permitted non-residential use
(Mixed Use) 14, 17, 18
ZSC ZSC ZSC ZSC ZSC ZSC ZSC
special services, treatment, or
supervision
residence
infirm 7 C C C C C C C ZS ZS
intermediate care homes 7 C C C C C C C ZS ZS
Exhibit A
USE DESCRIPTION
homes 7 C C C C C C C ZS ZS
fewer adults) Z Z Z Z Z Z Z Z Z Z Z Z Z
Housing32 C C C C C C C C C C C C C
residence (occupying single or
multiple dwelling units)
infirm 7 C C C
intermediate care homes 7 C C C
homes 7 C C C
Exhibit A
USE DESCRIPTION
fewer adults) Z Z Z Z Z Z Z Z Z Z Z Z Z
Housing32 C C C C C C C C C C C C C
rent situations
houses Z Z Z Z Z Z Z Z
the day or week
Z Z Z Z Z Z Z Z Z
businesses or institutions
providing overnight
accommodations
ZSC ZSC ZSC 18 ZSC ZSC
Exhibit A
USE DESCRIPTION
GOODS, MERCHANDISE AND
EQUIPMENT
outside fully enclosed building
2.110 General Mercantile ZC ZC ZC ZC 8 ZS ZS
2.113 Wholesale sales 8 ZS ZS ZS ZS 11
a non-retail principle use ZC ZC ZC ZC ZS ZS ZS ZS ZS 11
Exhibit A
USE DESCRIPTION
goods outside fully enclosed
building allowed
a non-retail principle use ZC ZC ZS ZS ZS ZS
(vending carts, food trucks, ice
cream trucks, mobile delivery,
peddlers, and similar uses) 3
P P P P P P P P P P P ZS P P P P P P P
RESEARCH AND SERVICES NOT
PRIMARILY RELATED TO GOODS
OR MERCHANDISE
entirely within fully enclosed
building
Exhibit A
USE DESCRIPTION
attract and serve customers or
clients on the premises, such as
the offices of attorneys,
physicians, other professions,
insurance and stockbrokers,
travel agencies, government
office buildings, etc.
ZS ZS ZS ZS ZS
18 ZS ZS ZS ZS ZS
15 ZS
12 ZS
attract little or no customer or
client traffic other than
employees of the entity
operating the principal use
conducted on any floor level ZS ZS ZS ZS ZS ZS ZS 11 ZS
conducted on second or higher
floors, but not on the ground
floor
ZS ZS ZS ZS ZS ZS ZS ZS Z
11
physicians or dentists ZS ZS ZS ZS ZS SC ZS ZS ZS
Exhibit A
USE DESCRIPTION
partially or fully outside fully
enclosed building
attract and serve customers or
clients on the premises
ZS
18 ZS
attract little or no customer or
client traffic other than the
employees of the entity
operating the principal use
ZS ZS ZS ZS
windows ZS ZS ZS ZS ZS
PROCESSING, CREATING,
REPAIRING, RENOVATING,
PAINTING, CLEANING,
ASSEMBLING OF GOODS,
MERCHANDISE AND
EQUIPMENT
Exhibit A
USE DESCRIPTION
entirely within fully enclosed
building
business done with walk- ZS ZS ZS ZS SC ZS ZS 11
business not done with walk-in
trade
ZS ZS ZS Z
11
within or outside fully enclosed
building
ZS
CULTURAL, RELIGIOUS,
PHILANTHROPIC, SOCIAL,
FRATERNAL USES
(including associated grounds
and athletic and other facilities)
18
C C C C C C C C 10
Exhibit A
USE DESCRIPTION
schools C C C ZS 16 ZS ZS 18 ZS ZS 18 18 11
community colleges (including
associated facilities such as
dormitories, office buildings,
athletic fields, etc.) 17
C C C C C ZS ZS
18 ZS ZS ZS
18 C 10
principle on-site use. (including
associated residential structures
for religious personnel and
associated buildings but not
including elementary school or
secondary school buildings) 17
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
accessory to an existing on-site
non-religious principle use
P P P P P P P P P P P P P P P P P
uses (including associated
educational and instructional
activities)
Exhibit A
USE DESCRIPTION
designed and previously legally
occupied as a residence
Z Z Z Z Z ZS ZS ZS ZS ZS ZS ZS ZS ZS C 10
permissible building C C C C C ZS ZS ZS ZS 18 ZS ZS 18 18 11 C 10
lodges, union halls, and similar
uses 17
ZS ZS ZS ZS ZS ZS ZS ZS
18 ZS ZS 18
AMUSEMENT, ENTERTAINMENT
primarily within building or
substantial structure
rinks, indoor tennis and squash
courts, billiard and pool halls,
indoor athletic and exercise
facilities and similar uses
ZS ZS ZS ZS
18 ZS ZS ZS
18
ZS
18
ZS
18
Exhibit A
USE DESCRIPTION
more than 300 17 ZS ZS ZS ZS ZS ZS
17 ZS ZS ZS ZS
all other facilities listed in the
6.100 classification designed to
seat or accommodate
simultaneously more than 1,000
people 17, 18
ZS ZS ZS ZS ZS
primarily outside enclosed
buildings or structures
recreational facilities such as
golf and country clubs,
swimming or tennis clubs, etc
C C C C C C ZS ZS ZS ZS ZS
operated outdoor recreational
facilities such as athletic fields,
ZS 18 ZS
18 ZS 18 ZS ZS ZS ZS ZS ZS ZS ZS
18 ZS ZS ZS
18
ZS
18 ZSC
10
Exhibit A
USE DESCRIPTION
swimming pools, parks, etc.,
accessory to golf courses, par 3
golf courses, miniature golf
courses, skateboard parks,
water slides, and similar uses 17
C 18 C 18 C 18 ZS ZS ZS ZS ZS
18 ZS ZS ZS
18
ZS
18 ZSC
10
motorcycle racing tracks ZC ZC
18 ZS ZS ZS ZS
RESIDENCE OR CARE OR
CONFINEMENT FACILITIES
medical (including mental
health) 17, 18
ZS ZS C ZS ZS ZS ZS ZS ZS ZSC C 10
intermediate care institutions,
handicapped or infirm
C C C ZS ZS C ZS ZS ZS ZS ZS ZS ZS ZSC
Exhibit A
USE DESCRIPTION
institutions 17, 18
ill persons are confined 17, 18
C C C ZS ZS C C ZS ZS ZS ZS ZS C
facilities 13, 18 C 10
NIGHT CLUBS
or delivery service; no drive-thru
service; service or consumption
inside or outside fully enclosed
building
ZS ZS ZS ZS ZS
18 ZS ZS ZS ZS
18 Z
11
service; no drive-thru service;
consumption outside fully
enclosed building allowed
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS Z
service; drive-thru service;
ZS ZS ZS ZS ZS ZS ZS
Exhibit A
USE DESCRIPTION
fully enclosed building allowed
adult entertainment C
SALES AND SERVICE
OPERATIONS
Operations
rental; mobile home sales ZS ZS ZS ZS
motor vehicle parts or
accessories (e.g., tires, mufflers,
etc.)
ZS ZS ZS ZS
maintenance, not including
substantial body work
Exhibit A
USE DESCRIPTION
vehicles ZS ZS ZS
and body work
vehicles ZS ZS
Infrastructure ZS 24 25 ZS 25 ZS 23 ZS 23 ZS 23 ZS ZS ZS ZS ZS ZS 26 ZS ZS Z Z Z 24
Operations
Exhibit A
USE DESCRIPTION
9.210 Aircraft sales or rental 11
installation of aircraft parts or
accessories (e.g., propellers,
tires, mufflers, etc.)
Z
11
maintenance, not including
substantial body work
Z
11
work 11
9.250 Aviation fuel sales 11
9.260 Aircraft wash 11
parking garages or parking lots ZS ZS ZS ZS ZS ZS ZS 10
Exhibit A
USE DESCRIPTION
related to sale or use of those
goods on the same lot where
they are stored
only)
ZS ZS
Facility 28 ZS
storage of equipment outside
enclosed structures where: (I)
vehicles or equipment are
owned and used by the person
making use of lot, and (II)
parking or storage is more than
a minor and incidental part of
the overall use made of the lot
ZS ZSC
10
aircraft, either inside or outside
completely enclosed structures
Z
11
Exhibit A
USE DESCRIPTION
SALVAGE YARDS, JUNKYARDS,
AUTOMOBILE GRAVEYARDS
AND AUTOMOBILE RECYCLING
FACILITIES
ZS
19
ENTERPRISES RELATED TO
ANIMALS
13.100 Police Stations 18 C C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS 11 10
13.200 Fire Stations 18 C C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS 11 10
ambulance service 18 C C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS 11 10
Exhibit A
USE DESCRIPTION
13.400 Civil defense operation ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS 11 10
SILVICULTURAL, MINING,
QUARRYING, SOIL PROCESSING
OPERATIONS
farming
processing operations, including
on-site sales of product
ZS 6 ZSC
10
14.400 Reclamation landfill ZS 6 10
AND SEMI-PUBLIC FACILITIES
Exhibit A
USE DESCRIPTION
15.100 Post Office ZS ZS ZS ZS ZS ZS ZS ZS ZS 10
15.200 Airport 11 C 10
(Publicly or Privately owned)
Station ZS 6 10
Center ZS 6 10
15.330 Sanitary Landfill ZS 6 10
15.340 Biosolid Recycling ZS 6
11 10
National Guard Centers ZS ZS ZS ZS ZS 11 10
modular structures used for
public services (e.g., mobile
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
10 Z 10
Exhibit A
USE DESCRIPTION
health centers, emergency
response centers, etc.)
LAUNDROMAT ZS ZS ZS ZS ZS ZS ZS
17.100 Neighborhood Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 11 ZS 10
17.200 Community or Regional C C C C C C C C C C C ZS ZS 11 ZS 10
STRUCTURES 18, 28
feet tall or less Z Z Z Z Z Z Z Z Z Z Z ZS Z Z Z Z 11 Z 10
more than 50 feet tall and
receive-only earth stations
S S S S S S Z S ZS ZS ZS ZS ZS ZS 11 ZS 10
Exhibit A
USE DESCRIPTION
Telecommunications Towers &
Monopoles
less Z ZS Z Z Z Z
feet tall and receive-only earth
stations
ZS ZS ZS ZS ZS ZS
HORTICULTURAL SALES
Exhibit A
USE DESCRIPTION
Farmer's market 17 ZS ZS ZS ZS ZS ZS
outdoor display ZS ZS ZS ZS
gardens Prohibited in All Zones
CREMATORIUM
SCHOOLS; DAY CARE CENTERS 17 S S S S S S ZS ZS ZS 18 ZS ZS ZS 18 18 ZS 18
STREETS ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV
Exhibit A
USE DESCRIPTION
STATION 17 ZS ZS ZS ZS ZS ZSC ZS ZS ZS ZS ZS
GREENHOUSE OPERATIONS
permitted ZS ZS ZS ZS
27.000 OFF-PREMISE SIGNS Prohibited in all zones except for those exempt pursuant to Section 20.68.120
(Miscellaneous Restrictions and Prohibitions)
STIE PLAN & BOUNDARY
ADJUSTMENTS
Adjustments Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 10
Exhibit A
USE DESCRIPTION
29.000 COMBINATION USES ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC C 10
DEVELOPMENTS
Neighborhood Developments 20 Permissible only in Master Planned Neighborhood districts with legislative approval
LOGGING IN CONFORMANCE
WITH CHAPTER 20.88
(ENVIRONMENTALLY CRITICAL
AREAS) BUT OF MORE THAN
10,000 ft. 2 OF PROPERTY
WITHIN ONE YEAR 9
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 10
33.000 USES PERMISSIBLE IN
CRITICAL AREAS (SEE CHAPTER
20.93)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 10
PRODUCTION, PROCESSING,
AND RETAIL
Exhibit A
USE DESCRIPTION
Footnotes to the Table of Permissible Uses
These footnotes are intended to be a helpful reminder that specific uses may be subject to supplemental regulations. The lack of a footnote does not mean
that a particular use is not subject to applicable supplemental use regulations. If a particular use does not have a footnote, there still may be applicable
supplemental use regulations. If a proposed use is clearly intended to comply with specific supplemental use regulations, then it is subject to them. The
community development director will make the determination of whether specific supplemental use regulations are applicable to a particular project. Please
see Chapter 20.44 for a complete list of the supplemental use regulations.
1 Subject to Section 20.44.060 (Minimum Parcel Sizes for Class "A," "B," or "C" Mobile Homes).
2 Subject to Section 20.48.010 (Minimum Lot Size Requirements).
3 Subject to Section 20.44.080 (Mobile Sales and Delivery).
6 Subject to Section 20.44.010 (Solid Waste, Quarrying, Mining, and Similar Uses).
7 Subject to Section 20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision).
8 Subject to Section 20.44.034 (Wireless Communications Facilities)
9 Subject to Section 20.44.110 (Permits for Land Clearing)
10 Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public agency for the benefit of the general public.
Exhibit A
11 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.034 (Aviation Flightline District
Established).
12 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 (Medical Services District
Established).
13 Subject to Section 20.44.096 (Penal and Correctional Facilities).
14 Subject to Section 20.44.016 (Mixed Use Developments).
15 Subject to Section 20.44.084 (Stand Alone Office Uses in the General Industrial Zone).
16 Subject to Section 20.44.062 (Trade or Vocational Schools in the OTB-1).
17 Subject to Section 20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport Property).
18 Subject to Section 20.38.080 (Performance Standards and Miscellaneous Restrictions).
19 Subject to Section 20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards and Automobile
Recycling Facilities).
20 Subject to Section 20.44.032 (Master Planned Neighborhood Developments).
22 Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on the premises.
23 Battery charging stations only, limited in use only to the tenants or customers of the development located on-site.
24 Level 1 and Level 2 restricted electric charging stations only. Level 3 public electric charging stations allowed in public parks.
25 Level 1 and Level 2 restricted electric charging stations only.
26 Accessory to primary use only, not to exceed twenty percent of primary use.
27 Reserved.
Exhibit A
28 No outside storage.
29 Subject to the Old Town Residential Design Standards.
30 The Commercial Corridor zone permissible uses are subject to the Mixed-Use Development Regulations.
31 Subject to Section 20.36 Zoning Districts and Zoning Map.
32 Subject to Section 20.40.040 Permissible Uses and Specific Exclusions (c) (6).
33 Subject to Section 20.40.040 Permissible Uses and Specific Exclusions (c) (7).
(Ord. 1454 § 10, 2008; Ord. 1450 § 1, 2008; Ord. 1449 § 1, 2008; Ord. 1441 § 2, 2007; Ord. 1438 § 9, 2007; Ord. 1411 § 33, 2007; Ord. 1393
§ 5, 2006; Ord. 1392 § 7, 2006; Ord. 1309 § 5(part), 2003).
(Ord. No. 2010-001, § 4(Exh. A), 1-8-2010; Ord. No. 2011-002, 2-7-2011; Ord. No. 2011-026, § 3, 10-3-2011; Ord. No. 2012-012, § 1, 7-2-
2012; Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014; Ord. No. 2014-015, § 3, 10-6-2014; Ord. No. 2015-021, § 7, 10-5-
2015; Ord. No. 2016-003, § 2, 2-2-2016; Ord. No. 2016-015, § 2, 8-1-2016; Ord. No. 2017-015, § 1, 11-6-2017)
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220
Chapter 254, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
EMERGENCY SHELTERS AND HOUSING—LOCAL PLANNING AND DEVELOPMENT
EFFECTIVE DATE: July 25, 2021
Passed by the House April 14, 2021
Yeas 57 Nays 40
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 10, 2021
Yeas 25 Nays 24
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1220 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 12, 2021 2:35 PM with
the exception of section 7, which is
vetoed.
FILED
May 12, 2021
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to supporting emergency shelters and housing 1
through local planning and development regulations; amending RCW 2
36.70A.020, 36.70A.390, and 36.70A.030; reenacting and amending RCW 3
36.70A.070; adding a new section to chapter 35A.21 RCW; adding a new 4
section to chapter 35.21 RCW; and adding a new section to chapter 5
36.70A RCW.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 36.70A.020 and 2002 c 154 s 1 are each amended to 8
read as follows:9
The following goals are adopted to guide the development and 10
adoption of comprehensive plans and development regulations of those 11
counties and cities that are required or choose to plan under RCW 12
36.70A.040. The following goals are not listed in order of priority 13
and shall be used exclusively for the purpose of guiding the 14
development of comprehensive plans and development regulations:15
(1) Urban growth. Encourage development in urban areas where 16
adequate public facilities and services exist or can be provided in 17
an efficient manner.18
(2) Reduce sprawl. Reduce the inappropriate conversion of 19
undeveloped land into sprawling, low-density development.20
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Peterson, Macri, Bateman, Ryu, Lekanoff, Fitzgibbon, Kloba, Davis,
Lovick, Santos, Ortiz-Self, Simmons, Berg, Hackney, Chopp, Tharinger,
and Frame)
READ FIRST TIME 02/22/21.
p. 1 E2SHB 1220.SL
(3) Transportation. Encourage efficient multimodal transportation 1
systems that are based on regional priorities and coordinated with 2
county and city comprehensive plans.3
(4) Housing. ((Encourage the availability of affordable)) Plan 4
for and accommodate housing affordable to all economic segments of 5
the population of this state, promote a variety of residential 6
densities and housing types, and encourage preservation of existing 7
housing stock.8
(5) Economic development. Encourage economic development 9
throughout the state that is consistent with adopted comprehensive 10
plans, promote economic opportunity for all citizens of this state, 11
especially for unemployed and for disadvantaged persons, promote the 12
retention and expansion of existing businesses and recruitment of new 13
businesses, recognize regional differences impacting economic 14
development opportunities, and encourage growth in areas experiencing 15
insufficient economic growth, all within the capacities of the 16
state's natural resources, public services, and public facilities.17
(6) Property rights. Private property shall not be taken for 18
public use without just compensation having been made. The property 19
rights of landowners shall be protected from arbitrary and 20
discriminatory actions.21
(7) Permits. Applications for both state and local government 22
permits should be processed in a timely and fair manner to ensure 23
predictability.24
(8) Natural resource industries. Maintain and enhance natural 25
resource-based industries, including productive timber, agricultural, 26
and fisheries industries. Encourage the conservation of productive 27
forestlands and productive agricultural lands, and discourage 28
incompatible uses.29
(9) Open space and recreation. Retain open space, enhance 30
recreational opportunities, conserve fish and wildlife habitat, 31
increase access to natural resource lands and water, and develop 32
parks and recreation facilities.33
(10) Environment. Protect the environment and enhance the state's 34
high quality of life, including air and water quality, and the 35
availability of water.36
(11) Citizen participation and coordination. Encourage the 37
involvement of citizens in the planning process and ensure 38
coordination between communities and jurisdictions to reconcile 39
conflicts.40
p. 2 E2SHB 1220.SL
(12) Public facilities and services. Ensure that those public 1
facilities and services necessary to support development shall be 2
adequate to serve the development at the time the development is 3
available for occupancy and use without decreasing current service 4
levels below locally established minimum standards.5
(13) Historic preservation. Identify and encourage the 6
preservation of lands, sites, and structures, that have historical or 7
archaeological significance.8
Sec. 2. RCW 36.70A.070 and 2017 3rd sp.s. c 18 s 4 and 2017 3rd 9
sp.s. c 16 s 4 are each reenacted and amended to read as follows:10
The comprehensive plan of a county or city that is required or 11
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 12
and descriptive text covering objectives, principles, and standards 13
used to develop the comprehensive plan. The plan shall be an 14
internally consistent document and all elements shall be consistent 15
with the future land use map. A comprehensive plan shall be adopted 16
and amended with public participation as provided in RCW 36.70A.140. 17
Each comprehensive plan shall include a plan, scheme, or design for 18
each of the following:19
(1) A land use element designating the proposed general 20
distribution and general location and extent of the uses of land, 21
where appropriate, for agriculture, timber production, housing, 22
commerce, industry, recreation, open spaces, general aviation 23
airports, public utilities, public facilities, and other land uses. 24
The land use element shall include population densities, building 25
intensities, and estimates of future population growth. The land use 26
element shall provide for protection of the quality and quantity of 27
groundwater used for public water supplies. Wherever possible, the 28
land use element should consider utilizing urban planning approaches 29
that promote physical activity. Where applicable, the land use 30
element shall review drainage, flooding, and stormwater runoff in the 31
area and nearby jurisdictions and provide guidance for corrective 32
actions to mitigate or cleanse those discharges that pollute waters 33
of the state, including Puget Sound or waters entering Puget Sound.34
(2) A housing element ensuring the vitality and character of 35
established residential neighborhoods that:36
(a) Includes an inventory and analysis of existing and projected 37
housing needs that identifies the number of housing units necessary 38
p. 3 E2SHB 1220.SL
to manage projected growth, as provided by the department of 1
commerce, including:2
(i) Units for moderate, low, very low, and extremely low-income 3
households; and4
(ii) Emergency housing, emergency shelters, and permanent 5
supportive housing;6
(b) ((includes)) Includes a statement of goals, policies, 7
objectives, and mandatory provisions for the preservation, 8
improvement, and development of housing, including single-family 9
residences, and within an urban growth area boundary, moderate 10
density housing options including but not limited to, duplexes, 11
triplexes, and townhomes;12
(c) ((identifies)) Identifies sufficient capacity of land for 13
housing((,)) including, but not limited to, government-assisted 14
housing, housing for ((low-income families)) moderate, low, very low, 15
and extremely low-income households, manufactured housing, 16
multifamily housing, ((and)) group homes ((and)), foster care 17
facilities, emergency housing, emergency shelters, permanent 18
supportive housing, and within an urban growth area boundary, 19
consideration of duplexes, triplexes, and townhomes; ((and))20
(d) ((makes)) Makes adequate provisions for existing and 21
projected needs of all economic segments of the community, including:22
(i) Incorporating consideration for low, very low, extremely low, 23
and moderate-income households;24
(ii) Documenting programs and actions needed to achieve housing 25
availability including gaps in local funding, barriers such as 26
development regulations, and other limitations;27
(iii) Consideration of housing locations in relation to 28
employment location; and29
(iv) Consideration of the role of accessory dwelling units in 30
meeting housing needs;31
(e) Identifies local policies and regulations that result in 32
racially disparate impacts, displacement, and exclusion in housing, 33
including:34
(i) Zoning that may have a discriminatory effect;35
(ii) Disinvestment; and36
(iii) Infrastructure availability;37
(f) Identifies and implements policies and regulations to address 38
and begin to undo racially disparate impacts, displacement, and 39
exclusion in housing caused by local policies, plans, and actions;40
p. 4 E2SHB 1220.SL
(g) Identifies areas that may be at higher risk of displacement 1
from market forces that occur with changes to zoning development 2
regulations and capital investments; and3
(h) Establishes antidisplacement policies, with consideration 4
given to the preservation of historical and cultural communities as 5
well as investments in low, very low, extremely low, and moderate-6
income housing; equitable development initiatives; inclusionary 7
zoning; community planning requirements; tenant protections; land 8
disposition policies; and consideration of land that may be used for 9
affordable housing.10
In counties and cities subject to the review and evaluation 11
requirements of RCW 36.70A.215, any revision to the housing element 12
shall include consideration of prior review and evaluation reports 13
and any reasonable measures identified. The housing element should 14
link jurisdictional goals with overall county goals to ensure that 15
the housing element goals are met.16
(3) A capital facilities plan element consisting of: (a) An 17
inventory of existing capital facilities owned by public entities, 18
showing the locations and capacities of the capital facilities; (b) a 19
forecast of the future needs for such capital facilities; (c) the 20
proposed locations and capacities of expanded or new capital 21
facilities; (d) at least a six-year plan that will finance such 22
capital facilities within projected funding capacities and clearly 23
identifies sources of public money for such purposes; and (e) a 24
requirement to reassess the land use element if probable funding 25
falls short of meeting existing needs and to ensure that the land use 26
element, capital facilities plan element, and financing plan within 27
the capital facilities plan element are coordinated and consistent. 28
Park and recreation facilities shall be included in the capital 29
facilities plan element.30
(4) A utilities element consisting of the general location, 31
proposed location, and capacity of all existing and proposed 32
utilities, including, but not limited to, electrical lines, 33
telecommunication lines, and natural gas lines.34
(5) Rural element. Counties shall include a rural element 35
including lands that are not designated for urban growth, 36
agriculture, forest, or mineral resources. The following provisions 37
shall apply to the rural element:38
(a) Growth management act goals and local circumstances. Because 39
circumstances vary from county to county, in establishing patterns of 40
p. 5 E2SHB 1220.SL
rural densities and uses, a county may consider local circumstances, 1
but shall develop a written record explaining how the rural element 2
harmonizes the planning goals in RCW 36.70A.020 and meets the 3
requirements of this chapter.4
(b) Rural development. The rural element shall permit rural 5
development, forestry, and agriculture in rural areas. The rural 6
element shall provide for a variety of rural densities, uses, 7
essential public facilities, and rural governmental services needed 8
to serve the permitted densities and uses. To achieve a variety of 9
rural densities and uses, counties may provide for clustering, 10
density transfer, design guidelines, conservation easements, and 11
other innovative techniques that will accommodate appropriate rural 12
economic advancement, densities, and uses that are not characterized 13
by urban growth and that are consistent with rural character.14
(c) Measures governing rural development. The rural element shall 15
include measures that apply to rural development and protect the 16
rural character of the area, as established by the county, by:17
(i) Containing or otherwise controlling rural development;18
(ii) Assuring visual compatibility of rural development with the 19
surrounding rural area;20
(iii) Reducing the inappropriate conversion of undeveloped land 21
into sprawling, low-density development in the rural area;22
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 23
and surface water and groundwater resources; and24
(v) Protecting against conflicts with the use of agricultural, 25
forest, and mineral resource lands designated under RCW 36.70A.170.26
(d) Limited areas of more intensive rural development. Subject to 27
the requirements of this subsection and except as otherwise 28
specifically provided in this subsection (5)(d), the rural element 29
may allow for limited areas of more intensive rural development, 30
including necessary public facilities and public services to serve 31
the limited area as follows:32
(i) Rural development consisting of the infill, development, or 33
redevelopment of existing commercial, industrial, residential, or 34
mixed-use areas, whether characterized as shoreline development, 35
villages, hamlets, rural activity centers, or crossroads 36
developments.37
(A) A commercial, industrial, residential, shoreline, or mixed-38
use area are subject to the requirements of (d)(iv) of this 39
p. 6 E2SHB 1220.SL
subsection, but are not subject to the requirements of (c)(ii) and 1
(iii) of this subsection.2
(B) Any development or redevelopment other than an industrial 3
area or an industrial use within a mixed-use area or an industrial 4
area under this subsection (5)(d)(i) must be principally designed to 5
serve the existing and projected rural population.6
(C) Any development or redevelopment in terms of building size, 7
scale, use, or intensity shall be consistent with the character of 8
the existing areas. Development and redevelopment may include changes 9
in use from vacant land or a previously existing use so long as the 10
new use conforms to the requirements of this subsection (5);11
(ii) The intensification of development on lots containing, or 12
new development of, small-scale recreational or tourist uses, 13
including commercial facilities to serve those recreational or 14
tourist uses, that rely on a rural location and setting, but that do 15
not include new residential development. A small-scale recreation or 16
tourist use is not required to be principally designed to serve the 17
existing and projected rural population. Public services and public 18
facilities shall be limited to those necessary to serve the 19
recreation or tourist use and shall be provided in a manner that does 20
not permit low-density sprawl;21
(iii) The intensification of development on lots containing 22
isolated nonresidential uses or new development of isolated cottage 23
industries and isolated small-scale businesses that are not 24
principally designed to serve the existing and projected rural 25
population and nonresidential uses, but do provide job opportunities 26
for rural residents. Rural counties may allow the expansion of small-27
scale businesses as long as those small-scale businesses conform with 28
the rural character of the area as defined by the local government 29
according to RCW 36.70A.030(((16))) (23). Rural counties may also 30
allow new small-scale businesses to utilize a site previously 31
occupied by an existing business as long as the new small-scale 32
business conforms to the rural character of the area as defined by 33
the local government according to RCW 36.70A.030(((16))) (23). Public 34
services and public facilities shall be limited to those necessary to 35
serve the isolated nonresidential use and shall be provided in a 36
manner that does not permit low-density sprawl;37
(iv) A county shall adopt measures to minimize and contain the 38
existing areas or uses of more intensive rural development, as 39
appropriate, authorized under this subsection. Lands included in such 40
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existing areas or uses shall not extend beyond the logical outer 1
boundary of the existing area or use, thereby allowing a new pattern 2
of low-density sprawl. Existing areas are those that are clearly 3
identifiable and contained and where there is a logical boundary 4
delineated predominately by the built environment, but that may also 5
include undeveloped lands if limited as provided in this subsection. 6
The county shall establish the logical outer boundary of an area of 7
more intensive rural development. In establishing the logical outer 8
boundary, the county shall address (A) the need to preserve the 9
character of existing natural neighborhoods and communities, (B) 10
physical boundaries, such as bodies of water, streets and highways, 11
and land forms and contours, (C) the prevention of abnormally 12
irregular boundaries, and (D) the ability to provide public 13
facilities and public services in a manner that does not permit low-14
density sprawl;15
(v) For purposes of (d) of this subsection, an existing area or 16
existing use is one that was in existence:17
(A) On July 1, 1990, in a county that was initially required to 18
plan under all of the provisions of this chapter;19
(B) On the date the county adopted a resolution under RCW 20
36.70A.040(2), in a county that is planning under all of the 21
provisions of this chapter under RCW 36.70A.040(2); or22
(C) On the date the office of financial management certifies the 23
county's population as provided in RCW 36.70A.040(5), in a county 24
that is planning under all of the provisions of this chapter pursuant 25
to RCW 36.70A.040(5).26
(e) Exception. This subsection shall not be interpreted to permit 27
in the rural area a major industrial development or a master planned 28
resort unless otherwise specifically permitted under RCW 36.70A.360 29
and 36.70A.365.30
(6) A transportation element that implements, and is consistent 31
with, the land use element.32
(a) The transportation element shall include the following 33
subelements:34
(i) Land use assumptions used in estimating travel;35
(ii) Estimated traffic impacts to state-owned transportation 36
facilities resulting from land use assumptions to assist the 37
department of transportation in monitoring the performance of state 38
facilities, to plan improvements for the facilities, and to assess 39
p. 8 E2SHB 1220.SL
the impact of land-use decisions on state-owned transportation 1
facilities;2
(iii) Facilities and services needs, including:3
(A) An inventory of air, water, and ground transportation 4
facilities and services, including transit alignments and general 5
aviation airport facilities, to define existing capital facilities 6
and travel levels as a basis for future planning. This inventory must 7
include state-owned transportation facilities within the city or 8
county's jurisdictional boundaries;9
(B) Level of service standards for all locally owned arterials 10
and transit routes to serve as a gauge to judge performance of the 11
system. These standards should be regionally coordinated;12
(C) For state-owned transportation facilities, level of service 13
standards for highways, as prescribed in chapters 47.06 and 47.80 14
RCW, to gauge the performance of the system. The purposes of 15
reflecting level of service standards for state highways in the local 16
comprehensive plan are to monitor the performance of the system, to 17
evaluate improvement strategies, and to facilitate coordination 18
between the county's or city's six-year street, road, or transit 19
program and the office of financial management's ten-year investment 20
program. The concurrency requirements of (b) of this subsection do 21
not apply to transportation facilities and services of statewide 22
significance except for counties consisting of islands whose only 23
connection to the mainland are state highways or ferry routes. In 24
these island counties, state highways and ferry route capacity must 25
be a factor in meeting the concurrency requirements in (b) of this 26
subsection;27
(D) Specific actions and requirements for bringing into 28
compliance locally owned transportation facilities or services that 29
are below an established level of service standard;30
(E) Forecasts of traffic for at least ten years based on the 31
adopted land use plan to provide information on the location, timing, 32
and capacity needs of future growth;33
(F) Identification of state and local system needs to meet 34
current and future demands. Identified needs on state-owned 35
transportation facilities must be consistent with the statewide 36
multimodal transportation plan required under chapter 47.06 RCW;37
(iv) Finance, including:38
(A) An analysis of funding capability to judge needs against 39
probable funding resources;40
p. 9 E2SHB 1220.SL
(B) A multiyear financing plan based on the needs identified in 1
the comprehensive plan, the appropriate parts of which shall serve as 2
the basis for the six-year street, road, or transit program required 3
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 4
35.58.2795 for public transportation systems. The multiyear financing 5
plan should be coordinated with the ten-year investment program 6
developed by the office of financial management as required by RCW 7
47.05.030;8
(C) If probable funding falls short of meeting identified needs, 9
a discussion of how additional funding will be raised, or how land 10
use assumptions will be reassessed to ensure that level of service 11
standards will be met;12
(v) Intergovernmental coordination efforts, including an 13
assessment of the impacts of the transportation plan and land use 14
assumptions on the transportation systems of adjacent jurisdictions;15
(vi) Demand-management strategies;16
(vii) Pedestrian and bicycle component to include collaborative 17
efforts to identify and designate planned improvements for pedestrian 18
and bicycle facilities and corridors that address and encourage 19
enhanced community access and promote healthy lifestyles.20
(b) After adoption of the comprehensive plan by jurisdictions 21
required to plan or who choose to plan under RCW 36.70A.040, local 22
jurisdictions must adopt and enforce ordinances which prohibit 23
development approval if the development causes the level of service 24
on a locally owned transportation facility to decline below the 25
standards adopted in the transportation element of the comprehensive 26
plan, unless transportation improvements or strategies to accommodate 27
the impacts of development are made concurrent with the development. 28
These strategies may include increased public transportation service, 29
ride-sharing programs, demand management, and other transportation 30
systems management strategies. For the purposes of this subsection 31
(6), "concurrent with the development" means that improvements or 32
strategies are in place at the time of development, or that a 33
financial commitment is in place to complete the improvements or 34
strategies within six years. If the collection of impact fees is 35
delayed under RCW 82.02.050(3), the six-year period required by this 36
subsection (6)(b) must begin after full payment of all impact fees is 37
due to the county or city.38
(c) The transportation element described in this subsection (6), 39
the six-year plans required by RCW 35.77.010 for cities, RCW 40
p. 10 E2SHB 1220.SL
36.81.121 for counties, and RCW 35.58.2795 for public transportation 1
systems, and the ten-year investment program required by RCW 2
47.05.030 for the state, must be consistent.3
(7) An economic development element establishing local goals, 4
policies, objectives, and provisions for economic growth and vitality 5
and a high quality of life. A city that has chosen to be a 6
residential community is exempt from the economic development element 7
requirement of this subsection.8
(8) A park and recreation element that implements, and is 9
consistent with, the capital facilities plan element as it relates to 10
park and recreation facilities. The element shall include: (a) 11
Estimates of park and recreation demand for at least a ten-year 12
period; (b) an evaluation of facilities and service needs; and (c) an 13
evaluation of intergovernmental coordination opportunities to provide 14
regional approaches for meeting park and recreational demand.15
(9) It is the intent that new or amended elements required after 16
January 1, 2002, be adopted concurrent with the scheduled update 17
provided in RCW 36.70A.130. Requirements to incorporate any such new 18
or amended elements shall be null and void until funds sufficient to 19
cover applicable local government costs are appropriated and 20
distributed by the state at least two years before local government 21
must update comprehensive plans as required in RCW 36.70A.130.22
NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 23
RCW to read as follows:24
A code city shall not prohibit transitional housing or permanent 25
supportive housing in any zones in which residential dwelling units 26
or hotels are allowed. Effective September 30, 2021, a code city 27
shall not prohibit indoor emergency shelters and indoor emergency 28
housing in any zones in which hotels are allowed, except in such 29
cities that have adopted an ordinance authorizing indoor emergency 30
shelters and indoor emergency housing in a majority of zones within a 31
one-mile proximity to transit. Reasonable occupancy, spacing, and 32
intensity of use requirements may be imposed by ordinance on 33
permanent supportive housing, transitional housing, indoor emergency 34
housing, and indoor emergency shelters to protect public health and 35
safety. Any such requirements on occupancy, spacing, and intensity of 36
use may not prevent the siting of a sufficient number of permanent 37
supportive housing, transitional housing, indoor emergency housing, 38
or indoor emergency shelters necessary to accommodate each code 39
p. 11 E2SHB 1220.SL
city's projected need for such housing and shelter under RCW 1
36.70A.070(2)(a)(ii).2
NEW SECTION. Sec. 4. A new section is added to chapter 35.21 3
RCW to read as follows:4
A city shall not prohibit transitional housing or permanent 5
supportive housing in any zones in which residential dwelling units 6
or hotels are allowed. Effective September 30, 2021, a city shall not 7
prohibit indoor emergency shelters and indoor emergency housing in 8
any zones in which hotels are allowed, except in such cities that 9
have adopted an ordinance authorizing indoor emergency shelters and 10
indoor emergency housing in a majority of zones within a one-mile 11
proximity to transit. Reasonable occupancy, spacing, and intensity of 12
use requirements may be imposed by ordinance on permanent supportive 13
housing, transitional housing, indoor emergency housing, and indoor 14
emergency shelters to protect public health and safety. Any such 15
requirements on occupancy, spacing, and intensity of use may not 16
prevent the siting of a sufficient number of permanent supportive 17
housing, transitional housing, indoor emergency housing, or indoor 18
emergency shelters necessary to accommodate each city's projected 19
need for such housing and shelter under RCW 36.70A.070(2)(a)(ii).20
Sec. 5. RCW 36.70A.390 and 1992 c 207 s 6 are each amended to 21
read as follows:22
A county or city governing body that adopts a moratorium, interim 23
zoning map, interim zoning ordinance, or interim official control 24
without holding a public hearing on the proposed moratorium, interim 25
zoning map, interim zoning ordinance, or interim official control, 26
shall hold a public hearing on the adopted moratorium, interim zoning 27
map, interim zoning ordinance, or interim official control within at 28
least sixty days of its adoption, whether or not the governing body 29
received a recommendation on the matter from the planning commission 30
or department. If the governing body does not adopt findings of fact 31
justifying its action before this hearing, then the governing body 32
shall do so immediately after this public hearing. A moratorium, 33
interim zoning map, interim zoning ordinance, or interim official 34
control adopted under this section may be effective for not longer 35
than six months, but may be effective for up to one year if a work 36
plan is developed for related studies providing for such a longer 37
period. A moratorium, interim zoning map, interim zoning ordinance, 38
p. 12 E2SHB 1220.SL
or interim official control may be renewed for one or more six-month 1
periods if a subsequent public hearing is held and findings of fact 2
are made prior to each renewal.3
This section does not apply to the designation of critical areas, 4
agricultural lands, forestlands, and mineral resource lands, under 5
RCW 36.70A.170, and the conservation of these lands and protection of 6
these areas under RCW 36.70A.060, prior to such actions being taken 7
in a comprehensive plan adopted under RCW 36.70A.070 and implementing 8
development regulations adopted under RCW 36.70A.120, if a public 9
hearing is held on such proposed actions. This section does not apply 10
to ordinances or development regulations adopted by a city that 11
prohibit building permit applications for or the construction of 12
transitional housing or permanent supportive housing in any zones in 13
which residential dwelling units or hotels are allowed or prohibit 14
building permit applications for or the construction of indoor 15
emergency shelters and indoor emergency housing in any zones in which 16
hotels are allowed.17
Sec. 6. RCW 36.70A.030 and 2020 c 173 s 4 are each amended to 18
read as follows:19
Unless the context clearly requires otherwise, the definitions in 20
this section apply throughout this chapter.21
(1) "Adopt a comprehensive land use plan" means to enact a new 22
comprehensive land use plan or to update an existing comprehensive 23
land use plan.24
(2) "Affordable housing" means, unless the context clearly 25
indicates otherwise, residential housing whose monthly costs, 26
including utilities other than telephone, do not exceed thirty 27
percent of the monthly income of a household whose income is:28
(a) For rental housing, sixty percent of the median household 29
income adjusted for household size, for the county where the 30
household is located, as reported by the United States department of 31
housing and urban development; or32
(b) For owner-occupied housing, eighty percent of the median 33
household income adjusted for household size, for the county where 34
the household is located, as reported by the United States department 35
of housing and urban development.36
(3) "Agricultural land" means land primarily devoted to the 37
commercial production of horticultural, viticultural, floricultural, 38
dairy, apiary, vegetable, or animal products or of berries, grain, 39
p. 13 E2SHB 1220.SL
hay, straw, turf, seed, Christmas trees not subject to the excise tax 1
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 2
hatcheries, or livestock, and that has long-term commercial 3
significance for agricultural production.4
(4) "City" means any city or town, including a code city.5
(5) "Comprehensive land use plan," "comprehensive plan," or 6
"plan" means a generalized coordinated land use policy statement of 7
the governing body of a county or city that is adopted pursuant to 8
this chapter.9
(6) "Critical areas" include the following areas and ecosystems: 10
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 11
used for potable water; (c) fish and wildlife habitat conservation 12
areas; (d) frequently flooded areas; and (e) geologically hazardous 13
areas. "Fish and wildlife habitat conservation areas" does not 14
include such artificial features or constructs as irrigation delivery 15
systems, irrigation infrastructure, irrigation canals, or drainage 16
ditches that lie within the boundaries of and are maintained by a 17
port district or an irrigation district or company.18
(7) "Department" means the department of commerce.19
(8) "Development regulations" or "regulation" means the controls 20
placed on development or land use activities by a county or city, 21
including, but not limited to, zoning ordinances, critical areas 22
ordinances, shoreline master programs, official controls, planned 23
unit development ordinances, subdivision ordinances, and binding site 24
plan ordinances together with any amendments thereto. A development 25
regulation does not include a decision to approve a project permit 26
application, as defined in RCW 36.70B.020, even though the decision 27
may be expressed in a resolution or ordinance of the legislative body 28
of the county or city.29
(9) "Emergency housing" means temporary indoor accommodations for 30
individuals or families who are homeless or at imminent risk of 31
becoming homeless that is intended to address the basic health, food, 32
clothing, and personal hygiene needs of individuals or families. 33
Emergency housing may or may not require occupants to enter into a 34
lease or an occupancy agreement.35
(10) "Emergency shelter" means a facility that provides a 36
temporary shelter for individuals or families who are currently 37
homeless. Emergency shelter may not require occupants to enter into a 38
lease or an occupancy agreement. Emergency shelter facilities may 39
p. 14 E2SHB 1220.SL
include day and warming centers that do not provide overnight 1
accommodations.2
(11) "Extremely low-income household" means a single person, 3
family, or unrelated persons living together whose adjusted income is 4
at or below thirty percent of the median household income adjusted 5
for household size, for the county where the household is located, as 6
reported by the United States department of housing and urban 7
development.8
(((10))) (12) "Forestland" means land primarily devoted to 9
growing trees for long-term commercial timber production on land that 10
can be economically and practically managed for such production, 11
including Christmas trees subject to the excise tax imposed under RCW 12
84.33.100 through 84.33.140, and that has long-term commercial 13
significance. In determining whether forestland is primarily devoted 14
to growing trees for long-term commercial timber production on land 15
that can be economically and practically managed for such production, 16
the following factors shall be considered: (a) The proximity of the 17
land to urban, suburban, and rural settlements; (b) surrounding 18
parcel size and the compatibility and intensity of adjacent and 19
nearby land uses; (c) long-term local economic conditions that affect 20
the ability to manage for timber production; and (d) the availability 21
of public facilities and services conducive to conversion of 22
forestland to other uses.23
(((11))) (13) "Freight rail dependent uses" means buildings and 24
other infrastructure that are used in the fabrication, processing, 25
storage, and transport of goods where the use is dependent on and 26
makes use of an adjacent short line railroad. Such facilities are 27
both urban and rural development for purposes of this chapter. 28
"Freight rail dependent uses" does not include buildings and other 29
infrastructure that are used in the fabrication, processing, storage, 30
and transport of coal, liquefied natural gas, or "crude oil" as 31
defined in RCW 90.56.010.32
(((12))) (14) "Geologically hazardous areas" means areas that 33
because of their susceptibility to erosion, sliding, earthquake, or 34
other geological events, are not suited to the siting of commercial, 35
residential, or industrial development consistent with public health 36
or safety concerns.37
(((13))) (15) "Long-term commercial significance" includes the 38
growing capacity, productivity, and soil composition of the land for 39
long-term commercial production, in consideration with the land's 40
p. 15 E2SHB 1220.SL
proximity to population areas, and the possibility of more intense 1
uses of the land.2
(((14))) (16) "Low-income household" means a single person, 3
family, or unrelated persons living together whose adjusted income is 4
at or below eighty percent of the median household income adjusted 5
for household size, for the county where the household is located, as 6
reported by the United States department of housing and urban 7
development.8
(((15))) (17) "Minerals" include gravel, sand, and valuable 9
metallic substances.10
(((16))) (18) "Moderate-income household" means a single person, 11
family, or unrelated persons living together whose adjusted income is 12
at or below 120 percent of the median household income adjusted for 13
household size, for the county where the household is located, as 14
reported by the United States department of housing and urban 15
development.16
(19) "Permanent supportive housing" is subsidized, leased housing 17
with no limit on length of stay that prioritizes people who need 18
comprehensive support services to retain tenancy and utilizes 19
admissions practices designed to use lower barriers to entry than 20
would be typical for other subsidized or unsubsidized rental housing, 21
especially related to rental history, criminal history, and personal 22
behaviors. Permanent supportive housing is paired with on-site or 23
off-site voluntary services designed to support a person living with 24
a complex and disabling behavioral health or physical health 25
condition who was experiencing homelessness or was at imminent risk 26
of homelessness prior to moving into housing to retain their housing 27
and be a successful tenant in a housing arrangement, improve the 28
resident's health status, and connect the resident of the housing 29
with community-based health care, treatment, or employment services. 30
Permanent supportive housing is subject to all of the rights and 31
responsibilities defined in chapter 59.18 RCW.32
(((17))) (20) "Public facilities" include streets, roads, 33
highways, sidewalks, street and road lighting systems, traffic 34
signals, domestic water systems, storm and sanitary sewer systems, 35
parks and recreational facilities, and schools.36
(((18))) (21) "Public services" include fire protection and 37
suppression, law enforcement, public health, education, recreation, 38
environmental protection, and other governmental services.39
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(((19))) (22) "Recreational land" means land so designated under 1
RCW 36.70A.1701 and that, immediately prior to this designation, was 2
designated as agricultural land of long-term commercial significance 3
under RCW 36.70A.170. Recreational land must have playing fields and 4
supporting facilities existing before July 1, 2004, for sports played 5
on grass playing fields.6
(((20))) (23) "Rural character" refers to the patterns of land 7
use and development established by a county in the rural element of 8
its comprehensive plan:9
(a) In which open space, the natural landscape, and vegetation 10
predominate over the built environment;11
(b) That foster traditional rural lifestyles, rural-based 12
economies, and opportunities to both live and work in rural areas;13
(c) That provide visual landscapes that are traditionally found 14
in rural areas and communities;15
(d) That are compatible with the use of the land by wildlife and 16
for fish and wildlife habitat;17
(e) That reduce the inappropriate conversion of undeveloped land 18
into sprawling, low-density development;19
(f) That generally do not require the extension of urban 20
governmental services; and21
(g) That are consistent with the protection of natural surface 22
water flows and groundwater and surface water recharge and discharge 23
areas.24
(((21))) (24) "Rural development" refers to development outside 25
the urban growth area and outside agricultural, forest, and mineral 26
resource lands designated pursuant to RCW 36.70A.170. Rural 27
development can consist of a variety of uses and residential 28
densities, including clustered residential development, at levels 29
that are consistent with the preservation of rural character and the 30
requirements of the rural element. Rural development does not refer 31
to agriculture or forestry activities that may be conducted in rural 32
areas.33
(((22))) (25) "Rural governmental services" or "rural services" 34
include those public services and public facilities historically and 35
typically delivered at an intensity usually found in rural areas, and 36
may include domestic water systems, fire and police protection 37
services, transportation and public transit services, and other 38
public utilities associated with rural development and normally not 39
p. 17 E2SHB 1220.SL
associated with urban areas. Rural services do not include storm or 1
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).2
(((23))) (26) "Short line railroad" means those railroad lines 3
designated class II or class III by the United States surface 4
transportation board.5
(((24))) (27) "Urban governmental services" or "urban services" 6
include those public services and public facilities at an intensity 7
historically and typically provided in cities, specifically including 8
storm and sanitary sewer systems, domestic water systems, street 9
cleaning services, fire and police protection services, public 10
transit services, and other public utilities associated with urban 11
areas and normally not associated with rural areas.12
(((25))) (28) "Urban growth" refers to growth that makes 13
intensive use of land for the location of buildings, structures, and 14
impermeable surfaces to such a degree as to be incompatible with the 15
primary use of land for the production of food, other agricultural 16
products, or fiber, or the extraction of mineral resources, rural 17
uses, rural development, and natural resource lands designated 18
pursuant to RCW 36.70A.170. A pattern of more intensive rural 19
development, as provided in RCW 36.70A.070(5)(d), is not urban 20
growth. When allowed to spread over wide areas, urban growth 21
typically requires urban governmental services. "Characterized by 22
urban growth" refers to land having urban growth located on it, or to 23
land located in relationship to an area with urban growth on it as to 24
be appropriate for urban growth.25
(((26))) (29) "Urban growth areas" means those areas designated 26
by a county pursuant to RCW 36.70A.110.27
(((27))) (30) "Very low-income household" means a single person, 28
family, or unrelated persons living together whose adjusted income is 29
at or below fifty percent of the median household income adjusted for 30
household size, for the county where the household is located, as 31
reported by the United States department of housing and urban 32
development.33
(((28))) (31) "Wetland" or "wetlands" means areas that are 34
inundated or saturated by surface water or groundwater at a frequency 35
and duration sufficient to support, and that under normal 36
circumstances do support, a prevalence of vegetation typically 37
adapted for life in saturated soil conditions. Wetlands generally 38
include swamps, marshes, bogs, and similar areas. Wetlands do not 39
include those artificial wetlands intentionally created from 40
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nonwetland sites, including, but not limited to, irrigation and 1
drainage ditches, grass-lined swales, canals, detention facilities, 2
wastewater treatment facilities, farm ponds, and landscape amenities, 3
or those wetlands created after July 1, 1990, that were 4
unintentionally created as a result of the construction of a road, 5
street, or highway. Wetlands may include those artificial wetlands 6
intentionally created from nonwetland areas created to mitigate 7
conversion of wetlands.8
*NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 9
RCW to read as follows:10
In addition to ordinances, development regulations, and other 11
official controls adopted or amended, a city or county should 12
consider policies to encourage the construction of accessory dwelling 13
units as a way to meet affordable housing goals. These policies could 14
include, but are not limited to:15
(1) The city or county may not require the owner of a lot on 16
which there is an accessory dwelling unit to reside in or occupy the 17
accessory dwelling unit or another housing unit on the same lot;18
(2) The city or county may require the owner not to use the 19
accessory dwelling unit for short-term rentals;20
(3) The city or county may not count residents of accessory 21
dwelling units against existing limits on the number of unrelated 22
residents on a lot;23
(4) The city or county may not establish a minimum gross floor 24
area for accessory dwelling units that exceeds the state building 25
code;26
(5) The city or county must make the same allowances for 27
accessory dwelling units' roof decks, balconies, and porches to 28
encroach on setbacks as are allowed for the principal unit;29
(6) The city or county must apply abutting lot setbacks to 30
accessory dwelling units on lots abutting zones with lower setback 31
requirements;32
(7) The city or county must establish an amnesty program to help 33
owners of unpermitted accessory dwelling units to obtain a permit;34
(8) The city or county must permit accessory dwelling units in 35
structures detached from the principal unit, must allow an accessory 36
dwelling unit on any lot that meets the minimum lot size required for 37
the principal unit, and must allow attached accessory dwelling units 38
on any lot with a principal unit that is nonconforming solely because 39
p. 19 E2SHB 1220.SL
the lot is smaller than the minimum size, as long as the accessory 1
dwelling unit would not increase nonconformity of the residential use 2
with respect to building height, bulk, or lot coverage;3
(9) The city or county may not establish a maximum gross floor 4
area requirement for accessory dwelling units that are less than 5
1,000 square feet or 60 percent of the principal unit, whichever is 6
greater, or that exceeds 1,200 square feet;7
(10) A city or county must allow accessory dwelling units to be 8
converted from existing structures, including but not limited to 9
detached garages, even if they violate current code requirements for 10
setbacks or lot coverage;11
(11) A city or county may not require public street improvements 12
as a condition of permitting accessory dwelling units; and13
(12) A city or county may require a new or separate utility 14
connection between an accessory dwelling unit and a utility only when 15
necessary to be consistent with water availability requirements, 16
water system plans, small water system management plans, or 17
established policies adopted by the water or sewer utility provider. 18
If such a connection is necessary, the connection fees and capacity 19
charges must:20
(a) Be proportionate to the burden of the proposed accessory 21
dwelling unit upon the water or sewer system; and22
(b) Not exceed the reasonable cost of providing the service.23
*Sec. 7 was vetoed. See message at end of chapter.
Passed by the House April 14, 2021.
Passed by the Senate April 10, 2021.
Approved by the Governor May 12, 2021, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 12, 2021.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 7,
Engrossed Second Substitute House Bill No. 1220 entitled:
"AN ACT Relating to supporting emergency shelters and housing
through local planning and development regulations."
Section 7 of this bill can be read to encourage the siting and
development of accessory dwelling units in areas of the state outside
of urban growth areas. This was a technical oversight that occurred
during the legislative process. As passed, the bill inadvertently
omitted a key reference limiting these policies to urban growth
areas, which was not the intention of the bill's sponsor.
For these reasons I have vetoed Section 7 of Engrossed Second
Substitute House Bill No. 1220.
p. 20 E2SHB 1220.SL
With the exception of Section 7, Engrossed Second Substitute House
Bill No. 1220 is approved."
--- END ---
p. 21 E2SHB 1220.SL
City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: October 11, 2021 SUBJECT: Dedication of Real Property for Public Right of Way ATTACHMENTS: Legal/exhibit and illustrative map 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: Accept dedication of a strip of real property for public Right of Way purposes, as described in Exhibit “A”, for installation of frontage improvements on 173rd Pl. NE. HISTORY: Dedication of real property for Right of Way purposes related to new development typically occurs through the Land Use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Van Leuven Mixed Use building. ALTERNATIVES: Remand to staff for additional information.
RECOMMENDED MOTION: Workshop; discussion only. At the October 18, 2021 Council meeting, the recommended motion will be, “I move to accept the dedication of the described real property for Public Right of Way purposes.”
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps.
Exhibit B173rd ROW Dedication
±
City of Arlington
Date:
File:
Cartographer:
Scale:173rdROW_8.5x11_21
5/7 /20 21 akc
1 inch = 1 00 fe etLegend
173rd RO W Dedica tion
SMOKEY POINT BLVD
173RD PL NE
172ND ST NESR 531
173rd ROW Ded ica tion
Aerial 20 20
²
City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: October 11, 2021 SUBJECT: Dedication of Real Property for Public Right of Way ATTACHMENTS: Legal/exhibit and illustrative map 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: Accept dedication of a strip of real property for public Right of Way purposes, as described in Exhibit “A”, for installation of frontage improvements on Smokey Point Blvd. HISTORY: Dedication of real property for Right of Way purposes related to new development t ypically occurs through the Land Use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Magnolia Place project. ALTERNATIVES: Remand to staff for additional information.
RECOMMENDED MOTION: Workshop; discussion only. At the October 18, 2021 Council meeting, the recommended motion will be, “ I move to accept the dedication of the described real property for Public Right of Way purposes”
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the information doso at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps.
Exhibit A169th Street NE ROW D edication
±
City of Arlington
Date:
File:
Cartographer:
Scale:AffinityROW_8.5x11_21
8/27/2021 akc
1 inch = 125 feet
Legend Parcels
ROW Dedication (proposed)
Dedication Area
AffinityatArlington
169TH PL NE
169THSTNE
SMOKEY POINT BLVD
Aerial 2020
±
City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: October 11, 2021 SUBJECT: Discussion of property purchase for future Smokey Point Community Park ATTACHMENTS: Appraisal, illustrative map, and conceptual park design 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: Review of appraisal for the Christian Missionary Alliance Church parcel. Review of correspondence with Smokey Point Community Church (SPCC) pastor/board members. HISTORY: An appraisal of the church parcel conducted by Gustafson & Associates, real estate appraisers, was prepared in August of this year. The appraisal indicated five, recent, comparable property sales, ranging from $10.12 to $13.74, per square foot, with the subject property being valued at $11.25 per square foot. The appraisal was shared with the pastor of SPCC, and they are in the process of having their own independent appraisal of the property performed. At this time, the City has not presented
Christian Missionary Alliance
Site
A 78,500-square-foot commercial site.
Appraisal Report
17909 Smokey Point Boulevard
Arlington, WA, 98223
Date of Value:
August 9, 2021
Prepared For
Mr. Marc Hayes
City of Arlington
18204 59th Dr NE
Arlington, WA 98223
Prepared by
GUSTAFSON &
ASSOCIATES
Braden Gustafson,
MAI, WA-1101684
File No: 12106
GUSTAFSON & ASSOCIATES
4208 198th St SW Ste 108
Lynnwood, WA 98036
425-231-8367
Fax : 360-733-8854
braden@gusappraisers.com
www.gustafsonandassociates.com
August 20, 2021
Mr. Marc Hayes
City of Arlington
18204 59th Dr NE
Arlington, WA 98223
Re: Appraisal Report, Real Estate Appraisal
Christian Missionary Alliance Site
17801 Smokey Point Boulevard, (Address is approximate)
Arlington, WA, 98223
File No.: 12106
Dear Mr. Hayes:
At your request, I have prepared an appraisal for the above referenced property, which may be
briefly described as:
A 78,500-square-foot commercial site.
Please reference page 11 of this report for important information regarding the scope of research
and analysis for this appraisal including property identification, inspection, highest and best use
analysis, and valuation methodology.
I certify that I have no present or contemplated future interest in the property beyond this
estimate of value. I have performed no services, as an appraiser or in any other capacity,
regarding the property that is the subject of this report within the three-year period immediately
preceding acceptance of this assignment. This report conforms to the Code of Professional
Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice
(USPAP) as promulgated by the Appraisal Foundation. It is in accordance with Title XI of the
Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), revised
12/2/2010, codified under 12 CFR 323.
Please direct your attention to the Limiting Conditions and Assumptions section of this report
(page 9). Acceptance of this report constitutes an agreement with these conditions and
assumptions. In particular, I note:
Hypothetical Conditions:
•There are no hypothetical conditions for this appraisal.
Extraordinary Assumptions:
•It is assumed the City of Arlington would not limit the subject to a civic center use, but that it
would permit development consistent with properties to the north along Smokey Point
Boulevard in the T4 MS and T4N SV zone.
Based on the appraisal described in the accompanying report, subject to the Limiting Conditions
and Assumptions, Extraordinary Assumptions, and Hypothetical Conditions (if any), I have
made the following value conclusion(s):
Current As Is Market Value:
The “As Is” market value of the Fee Simple estate of the property, as of August 9, 2021, is
Eight Hundred Eighty Five Thousand Dollars ($885,000)
The market exposure time preceding August 9, 2021 would have been 8 months and the
estimated marketing period as of August 9, 2021 is 8 months.
Respectfully submitted,
Gustafson & Associates
Braden Gustafson, MAI
WA-1101684
Mr. Hayes
City of Arlington
August 20, 2021
Page 2
TABLE OF CONTENTS
Summary of Important Facts and Conclusions ............................................................................... 7
Limiting Conditions and Assumptions ........................................................................................... 9
Scope of Work .............................................................................................................................. 11
Market Area Analysis ................................................................................................................... 14
Snohomish County Data ........................................................................................................... 14
Population Trends ..................................................................................................................... 14
Economic Forces ....................................................................................................................... 15
Unemployment .......................................................................................................................... 22
Interest Rates ............................................................................................................................. 23
Housing Market ........................................................................................................................ 24
Physical/Environmental Forces ................................................................................................ 29
Governmental Forces ................................................................................................................ 30
Office Market ............................................................................................................................ 32
Retail Market ............................................................................................................................ 37
Multifamily Market ................................................................................................................... 44
Paine Field Commercial Passenger Flights............................................................................... 49
Coronavirus (COVID-19) ......................................................................................................... 50
City of Arlington ....................................................................................................................... 51
Market Analysis Conclusions ................................................................................................... 53
Location Map ............................................................................................................................ 54
Aerial Map ................................................................................................................................ 55
Vicinity Map ............................................................................................................................. 56
Bird’s Eye View Map ............................................................................................................... 57
Property Description ..................................................................................................................... 58
Legal Description ...................................................................................................................... 58
Assessor’s Map ......................................................................................................................... 61
Sewer Line Map ........................................................................................................................ 62
Improvements Description ........................................................................................................ 64
Subject Photographs.................................................................................................................. 65
Assessment and Taxes .................................................................................................................. 69
Zoning ........................................................................................................................................... 70
Zoning Map ............................................................................................................................... 74
Highest and Best Use .................................................................................................................... 76
Valuation Methodology ................................................................................................................ 77
Analyses Applied ...................................................................................................................... 77
Land Value ................................................................................................................................ 78
Sales Comparison Approach – Land Valuation ........................................................................ 78
Land Comparables .................................................................................................................... 79
Comparables Map ..................................................................................................................... 85
Analysis Grid ............................................................................................................................ 86
Comparable Land Sale Adjustments ......................................................................................... 87
Land Valuation Conclusion ...................................................................................................... 89
Value Conclusion ...................................................................................................................... 90
Certification of Appraiser ......................................................................................................... 91
ADDENDA .................................................................................................................................. 92
Purchase Contract ..................................................................................................................... 93
Glossary .................................................................................................................................... 95
State License/Certification ...................................................................................................... 100
Christian Missionary Alliance Property Gustafson & Associates 7
Summary of Important Facts and Conclusions
GENERAL
Subject:
Christian Missionary Alliance Site
17801 Smokey Point Boulevard, Arlington,
Snohomish County, WA, 98223
A 78,500-square-foot commercial site.
Owner:
Christian Missionary Alliance Church
Date of Report:
August 20, 2021
Intended Use:
The intended use is for acquisition.
Intended User(s):
The client and/or assigns.
Assessment:
Sale History:
The subject has not sold in the last three years,
according to public records.
Listing/Contract(s):
The subject is not currently listed for sale or under
contract.
Land:
Zoning:
CC - T4MS and T4N SV
Highest and Best Use of the Site:
Mixed Use
Type of Value: Market Value
Real Estate Assessment and Taxes
Tax ID Land Improvements Other Total Assessment Tax Rate Taxes
31052100302300 $362,600 $0 $0 $362,600 $7.09 $2,579
Land Summary
Parcel ID Gross Land
Area (Acres)
Gross Land
Area (Sq Ft)
Usable Land
Area (Acres)
Usable Land
Area (Sq Ft)
Topography Shape
31052100302300 1.80 78,500 1.80 78,500 Level Roughly Rectangular
Christian Missionary Alliance Property Gustafson & Associates 8
VALUE INDICATIONS
Land Value: $885,000
Reconciled Value(s): As Is
Value Conclusion(s) $885,000
Effective Date (s) August 9, 2021
Property Rights Fee Simple
Christian Missionary Alliance Property Gustafson & Associates 9
Limiting Conditions and Assumptions
Acceptance of and/or use of this report constitutes acceptance of the following limiting
conditions and assumptions; these can only be modified by written documents executed
by both parties.
This appraisal is to be used only for the purpose stated. While distribution of this
appraisal in its entirety is at the discretion of the client, individual sections shall not be
distributed; this report is intended to be used in whole and not in part.
No part of this appraisal, its value estimates, or the identity of the firm or the appraiser(s)
may be communicated to the public through advertising, public relations, media sales, or
other media.
All files, work papers, and documents developed with this assignment are the property of
Gustafson & Associates. Information, estimates, and opinions are verified where
possible, but cannot be guaranteed. Plans provided should assist the client in visualizing
the property; no other use of these plans is intended or permitted.
No hidden or unapparent conditions of the property, subsoil or structure, which would
make the property more or less valuable, were discovered by the appraiser(s) or made
known to the appraiser(s). No responsibility is assumed for such conditions or
engineering necessary to discover them. Unless otherwise stated, this appraisal assumes
there is no existence of hazardous materials or conditions, in any form, on or near the
subject property.
Unless otherwise stated in this report, the existence of hazardous substances, including
without limitation asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural
chemicals, which may or may not be present on the property, was not called to the
attention of the appraiser nor did the appraiser become aware of such during the
appraiser’s inspection. The appraiser has no knowledge of the existence of such materials
on or in the property unless otherwise stated. The appraiser, however, is not qualified to
test for such substances. The presence of such hazardous substances may affect the value
of the property. The value opinion developed is predicated on the assumption that no
such hazardous substances exist on or in the property or in such proximity thereto, which
would cause a loss in value. No responsibility is assumed for any such hazardous
substances, nor for any expertise or knowledge required to discover them.
Unless stated herein, the property is assumed to be outside of areas where flood hazard
insurance is mandatory. Maps used by public and private agencies to determine these
areas are limited regarding accuracy. Due diligence has been exercised in interpreting
these maps, but no responsibility is assumed for misinterpretation.
Good title, free of liens, encumbrances, and special assessments is assumed. No
responsibility is assumed for matters of a legal nature.
Christian Missionary Alliance Property Gustafson & Associates 10
Necessary licenses, permits, consents, legislative or administrative authority from any
local, state or Federal government, or private entity are assumed to be in place or
reasonably obtainable.
It is assumed there are no zoning violations, encroachments, easements, or other
restrictions which would affect the subject property, unless otherwise stated.
The appraiser(s) are not required to give testimony in Court in connection with this
appraisal. If the appraisers are subpoenaed under a court order, the client agrees to pay
the appraiser(s) Gustafson & Associates’ regular per diem rate plus expenses.
Appraisals are based on the data available at the time the assignment is completed.
Amendments/modifications to appraisals based on new information provided after the
appraisal was completed will be made, as soon as reasonably possible, for an additional
fee.
Americans with Disabilities Act (ADA) of 1990
A civil rights act passed by Congress guaranteeing individuals with disabilities equal
opportunity in public accommodations, employment, transportation, government
services, and telecommunications. Statutory deadlines become effective on various dates
between 1990 and 1997. Gustafson & Associates has not determined the subject’s ADA
compliance or non-compliance. Non-compliance could have a negative impact on
value; however, this has not been considered or analyzed in this appraisal.
Christian Missionary Alliance Property Gustafson & Associates 11
Scope of Work
According to the Uniform Standards of Professional Appraisal Practice, it is the
appraiser’s responsibility to develop and report a scope of work that results in credible
results appropriate for the appraisal problem and intended user(s). Therefore, the
appraiser must identify and consider:
●the client and intended users
●the intended use of the report
●the type and definition of value
●the effective date of value
●assignment conditions
●typical client expectations
●typical appraisal work by peers for similar assignments
This appraisal is prepared for Mr. Marc Hayes of City of Arlington. The problem to be
solved is to estimate the current 'As Is' market value for acquisition purposes. The
intended use is for acquisition. This appraisal is intended for the use of client and/or
assigns.
SCOPE OF WORK
Report Type: This is an Appraisal Report as defined by Uniform
Standards of Professional Appraisal Practice under
Standards Rule 2-2(a). This format provides a
summary or description of the appraisal process,
subject and market data, and valuation analyses.
Property Identification: The subject has been identified by the legal
description and the assessor's parcel number.
Information Sources The following description is based on our property
inspection, assessment records, property deeds, and
information provided by owner, client, and market
participants.
Zoning A complete analysis of zoning and applicable land
use controls, including a review of potential deed
restrictions has been made.
Inspection: A complete inspection of the subject property has
been made, and photographs taken.
Market Area and Analysis of
Market Conditions:
A complete analysis of market conditions has been
made. The appraiser maintains and has access to
comprehensive databases for this market area and
has reviewed the market for sales and listings
relevant to this analysis.
Christian Missionary Alliance Property Gustafson & Associates 12
Highest and Best Use Analysis:
A complete as vacant and as improved highest and
best use analysis for the subject has been made.
Physically possible, legally permissible and
financially feasible uses were considered, and the
maximally productive use was concluded.
Type of Value:
Interest:
Market Value
Fee Simple
The fee simple estate value opinion is based on the
premise that the property is leased at market rates
and terms.
Valuation Analyses
Cost Approach:
A cost approach was not applied as the subject is
vacant land and there are no improvements on the
subject property.
Sales Comparison
Approach:
A sales comparison approach was applied as there is
adequate data to develop a value estimate and this
approach reflects market behavior for this property
type.
Income Approach:
An income approach was not applied as the subject is
not an income producing property and properties of
this type are not purchased on cash flow. We cannot
conclude a credible value conclusion via this
approach.
Hypothetical Conditions:
• There are no hypothetical conditions for this
appraisal.
Extraordinary Assumptions:
• It is assumed the City of Arlington would not
limit the subject to a civic center use, but that
it would permit development consistent with
properties to the north along Smokey Point
Boulevard in the T4 MS and T4N SV zone.
Information Not Available: • None
Christian Missionary Alliance Property Gustafson & Associates 13
Exposure Period/
Marketing Time
An estimate of reasonable exposure on the open
market is needed to for the subject property to
sell on the open market. Exposure period is the
historical look at the amount of time on the
market it would have taken to sell the subject
property at market value. The exposure period is
a function of price, time, and use. The marketing
time is the amount of time it will take in the
future to sell the subject property at market
value. The comparable sales utilized show a
range of one month to seven years. Three sales
range from one month to 18 months. We
estimate eight months is necessary to sell the
subject property at market value.
Christian Missionary Alliance Property Gustafson & Associates 14
Market Area Analysis
Snohomish County Data
Regional Analysis – Description, Analysis, and Conclusions
Four basic forces influence real estate values: social, economic, governmental, and
physical/environmental. The following analysis will consider each of these value
influence forces in the region.
Population Trends
Population growth has been substantial at 17.8% from 2011 to 20211 (Compared to
14.8% statewide). The largest city, Everett, has been more modest at 11.3%. The most
growth was seen in Granite Falls at 34.3% and unincorporated areas at 23.2%. The
following graph shows the population increases for different areas.
1 http://www.ofm.wa.gov/pop/april1/default.asp
0.0%5.0%10.0%15.0%20.0%25.0%30.0%35.0%40.0%
Snohomish County
Unincorporated Snohomish County
Arlington
Bothell (part)
Brier
Darrington
Edmonds
Everett
Gold Bar
Granite Falls
Lake Stevens
Lynnwood
Marysville
Mill Creek
Monroe
Mountlake Terrace
Mukilteo
Snohomish
Stanwood
Sultan
Woodway
Population Increase (2011-2021)
Christian Missionary Alliance Property Gustafson & Associates 15
Economic Forces
Regional resources: The Pacific Northwest can be subdivided into three major
subdivisions: Puget Sound, the Lower Columbia, and the Inland Northwest. The Seattle
metropolitan statistical area (MSA) is the economic hub of the Puget Sound region.
Although smaller in size, the sub-region is the largest in economic importance and
population. It contains over one-third of the Pacific Northwest’s population and nearly
one-half its industry. The area encompasses King, Pierce and Snohomish Counties. This
region is dominated by the major cities of Seattle, Tacoma, and Everett.
The Seattle MSA is served by Seattle-Tacoma International Airport and by two
transcontinental railroads, the Burlington Northern and the Union Pacific. Its location
also places it amidst an excellent system of freeways and public arterials including
Interstate 5, which is the main north/south freeway on the Pacific Coast, Interstate 90,
one of the nation’s major east/west freeways. In addition, Puget Sound contains several
of the best deep-water ports in the world at the Port of Tacoma and the Port of Seattle.
Both ports provide excellent facilities for foreign trade.
An important economic factor relating to the Puget Sound region is its geographic
proximity to the markets of both Alaska and the Orient. The Puget Sound region is
ideally located as a major transportation gateway for trade within the Pacific Basin. Its
location provides the shortest sea and air distances to Alaska and the Far East, and it is
closer to Chicago than the San Francisco Bay area. Historically, the vast natural resources
of the area made lumbering, fishing and agriculture, along with commercial shipping of
these products, the most important economic base of this region. But times have changed.
Christian Missionary Alliance Property Gustafson & Associates 16
Economic base information:
Snohomish County employment comes from several public and private sector employers,
but Boeing is substantially the largest employer in the County. It is estimated there are
287,0002 employees in total with 34,500 at Boeing, which is approximately 12% of the
total. This doesn’t include the thousands of secondary jobs that Boeing supports. Other
major employers are summarized below followed by details on Boeing.
Snohomish County Major Employers
3
2 Source: EASC
3 https://www.economicalliancesc.org/wp-content/uploads/2015/09/Snohomish-Co-Top-50-Employers-2015.pdf
Company Type
Private/
Public 2017 2015
1 The Boeing Company Aircraft Manufacturing Private 34,500 38,000
2 Providence Regional Medical Center Medical Services Private 4,775 3,500
3 The Tulalip Tribes Gaming, RE, Government Private 3,200 3,200
4 Naval Station Everett U.S. Navy Base Public 2,987 6,500
5 Washington State Gov't State Government Public 2,950 4,600
6 Snohomish County Government County Government Public 2,617 2,700
7 Edmonds School District School District Public 2,605 2,558
8 Premera Blue Cross Health Insurer Private 2,600 2,400
9 Walmart ( 8 locations) Retail Private 2,312 2,056
10 The Everett Clinic Health Care Private 2,255 2,150
11 Everett School District School District Public 2,195 2,157
12 Philips Healthcare Ultrasound Technology Private 2,000 1,800
13 U.S. Federal Gov't Federal Government Public 2,000
14 Swedish Edmonds Hospital Health Care Private 1,850 1,850
15 Mukilteo School District School District Public 1,755 1,717
16 Edmonds Community College Higher Education Public 1,516
17 Albertson's / Safeway (21 locations) Retail - Grocery Private 1,500
18 Fred Meyer / QFC (18 locations) Retail - Grocery Private 1,350 1,600
19 Marysville School District School District Public 1,341 1,305
20 Fluke Corp. (Fortive) Electronic Test Private 1,200 1,200
Christian Missionary Alliance Property Gustafson & Associates 17
Boeing
Aircraft orders have dropped as it appears that the booming airline industry is coming to
an end. In 2019 net orders were in the negative for the first time in a long time. The
number of Boeing employees (Washington State due to no specific source for Snohomish
County) reached 76,869 in 2008. A union strike hit the company hard that year and
employment temporarily dropped by 7%. Another high point was reached in 2012 at
87,000 before a 24% drop was followed by the most recent bounce in 2017. The major
worry was the threat of moving future manufacturing to South Carolina, but a vote in
2014 by the international Association of Machinists and Aerospace Workers District 751
to approve the proposed contract from Boeing will keep the production of the Boeing
777X in Washington State. Boeing employment is summarized in the following graph.
After a second 737 MAX crash in Ethiopia in March of 2019, investigators concluded
that there was a software issue with Boeing that caused the crashes. This has led to the
grounding of all 737MAX planes for 20 months until Nov 2020. This led to huge losses
to the airlines and a lack of new purchases for the 737MAX, and stalled new orders and
cancelled orders from buyers. The planes are made in Renton rather than Everett and
employment was negatively affected. The breakout of Coronavirus has led to the
drawdown of a major loan and a hiring freeze from Boeing as airliners suffer from the
loss of business. The assembly plant closed for three weeks, but opened back up in April
of 2020. The problems with the 737 Max software were a major issue as well as
Coronavirus freezing substantial travel. The company has experienced a 27% drop in
revenue over the first 9 months of 2020 compared to 2019. The production rates at the
Everett and Renton plant will slow as well. Boeing cut 20% of their workforce in 2020. It
is unknown if they will recover some of those workers.
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
Boeing Employment
(State of Washington)
Christian Missionary Alliance Property Gustafson & Associates 18
Recent notable news articles from the Everett Herald Aviation section4:
11/18/20 – After 20-month grounding, FAA clears Boeing 737 Max to Fly
10/01/20 – Everett to Lose Boeing 787 line, hundreds of jobs
09/11/20 – Boeing 737 Max moves another stop closer to returning
08/18/20 - Boeing to deepen job cuts beyond 10% plan with buyouts
07/30/20 – Boeing might end 787 production in Everett
07/22/20 – FAA puts Boeing Max on path to return to service in October
07/15/20 – Confluence of crises leaves Boeing “a very stricken company”
06/30/20 - Norwegian scraps $10.6B deal for Boeing Max, 787 jets
05/27/20 – Boeing cutting more than 12,000 jobs with layoffs, buyouts
05/12/20 – Boeing goes another month without a single airliner order
03/11/20 – Boeing imposes hiring freeze due to virus outbreak
03/11/20 – Boeing plans full drawdown of $13.825 billion loan
03/11/20 – the coronavirus is ending a 16-year boom for Boeing, Airbus
02/12/20 – Boeing wins zero orders and delivers just 13 jets in January
12/17/19 – Boeing to indefinitely suspend 737MAX production
07/18/19 – Boeing will take a $4.9B charge over grounded 737 Max
04/26/19 – American Airlines: $350M impact from 737 MAX grounding
03/13/19 – Citing new data, FAA relents and grounds the Boeing 737 MAX
03/12/19 – Boeing’s reputation is at risk after the crash of two new 737s
03/11/19 – 737 MAX crashes in Ethiopia, killing 157
09/28/18 – Boeing gets $9.2B Air Force training aircraft contract
02/02/18 – Pentagon awards Boeing $6.5B more for missile defenses
Despite the news bad news compounding for Boeing, they still have a tremendous
backlog of orders that will keep them building planes for an extended period of time. This
is evidenced by the following graph.
4 http://www.heraldnet.com/tag/aviation-and-space/
Christian Missionary Alliance Property Gustafson & Associates 19
There are still almost 5,000 planes on backorder and 2021 has produced a positive
number of net orders at this point.
-1,000
0
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3,000
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2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
(thru
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Boeing Activity
Net orders Deliveries Unfilled Orders
Christian Missionary Alliance Property Gustafson & Associates 20
Port of Everett
The Port of Everett is the third largest port in the State of Washington behind Seattle and
Tacoma, but is a small port compared to the two main ports in Washington. It includes
four shipping terminals and eight total births with cargo movement available in
Containers, break-bulk, and barge facilities. Shipping container volume has decreased the
past few of years5.
The Port recently completed construction to upgrade the south terminal for $57M. This
will modernize the port to accommodate larger vessels. They completed the project in
January of 2021. They also bought the Kimberly Clark property adjacent to the north
with a half mile of waterfront in November of 2019 for $33M.
Container volume was down substantially in 2020 due to the pandemic. A rebound is
expected in 2021.
5 Source: https://www.portofeverett.com/seaport/cargo_statistics.php
0
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Port of Everett Container Volume
Annual, Inbound, Outbound, TEUs
Total Containers Outbound Inbound
Christian Missionary Alliance Property Gustafson & Associates 21
Changes to area employment:
Kimberly Clark closed its Everett paper mill in 2012, which affected 700 employees.
Microgreen of Arlington closed its doors in April of 2015 leaving 160 people out of
work. Trinity Lutheran College in Downtown Everett closed in 2016, which effected 166
students and 36 employees. It had been operating for 72 years. Twin City Foods closed
its plant in Stanwood in 2018, which affected 85 jobs. Boeing has announced job cuts in
the region.
This has been offset by hiring from other employers as evidenced by the graph on the
following page. New employment includes Fortive’s move to Everett in 2016 and
Funko’s move into the Trinity Lutheran College building in downtown Everett in 2017.
Other base industries in the metropolitan area include electronics manufacturing,
shipping, wood products, and fishing. Unlike other industrial centers in the United States,
air and noise pollution are minimal due in part to the relative abundance of hydroelectric
power.
Christian Missionary Alliance Property Gustafson & Associates 22
Unemployment
The following chart displays unemployment rates for Snohomish County6.
Unemployment Rate
Snohomish County was at 6.1% as of June of 2021 because of the Covid-19 outbreak and
the economic shutdown that ensued. It is similar to the effects statewide. The
unemployment jump originally was due to the lack of PPP money, but after those funds
came to the businesses and they started opening back up, the rate came down. It is still
substantially higher than normal circumstances. The unemployment rate may jump again
without another stimulus package.
6 Source: Google public data explorer.
Christian Missionary Alliance Property Gustafson & Associates 23
Interest Rates
Mortgage rates can drive demand for refinancing and purchasing residential and
commercial real estate. These rates vary due to various factors including the federal funds
rate. The federal funds rate is set by the Federal Reserve and guides rates for bank to
bank lending. The Federal Reserve has maintained a very low rate the past few years to
encourage investment as noted in the graph below. After increasing the rate over the past
four years the rate was lowered in March of 2020 back down to near zero and the Fed has
committed to keeping rates low until at least 2023.
The current interest rate is 2.87%, which is very low historically.
0.00%
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Interest Rates & Fed Funds Rate
Conventional Loan, Freddie Mac
30-Year Interest Rate Fed Funds Rate
Christian Missionary Alliance Property Gustafson & Associates 24
Housing Market
One of the major economic forces present in the Puget Sound area today is the residential
housing market. From 2002 to 2006 single-family residential market values were
increasing at a furious pace. A major correction occurred from 2007 to 2012. Since 2012
values have increased substantially to surpass peak levels.
The following graph shows this trend in the median home price in Snohomish County
from 2016 to present day.
The graph7 shows a strong recovery over the past few years, flat period in 2019 followed
by an increase in the year-over-year price. April of 2021 showed a gain of 27% over the
prior year. This is partially due to the lockdown the prior year, but regardless, the demand
is very high and supply is low, which has caused a jump in prices.
The following graph shows the balance of supply and demand in the market. It shows the
number of active listings in a certain month divided by the number of sales in that month
(SFR & Condo for Snohomish County).
7 Source: www.nwmls.com
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Snohomish County Median Home Price
NWMLS, Residential, Orange = YOY Change in Price
Snohomish County YOY Snohomish County Snohomish County
Christian Missionary Alliance Property Gustafson & Associates 25
Recent data shows there are 0.5 months of supply (April 2021). A stable market features
a four to 3-4 month supply of homes so it is currently a seller’s market with far more
buyers than sellers. This has created a situation where many listings have multiple offers
that the prices escalate above the asking price. In April the average sale price was 8.6%
above the list price.
The following graph shows the affordability home index for Snohomish County (April
2021).8
8 http://seattlebubble.com/blog/tag/affordability/
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Source: NWMLS, SFR&Condo
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(Snohomish County -Listings(Blue) -Sales(Red)
Christian Missionary Alliance Property Gustafson & Associates 26
The graph shows that housing is affordable (above 100). This is aided by low interest
rates as shown in the prior section.
The following graph9 shows building permit activity for single family homes in
Snohomish County.
9 Source: Census
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Christian Missionary Alliance Property Gustafson & Associates 27
New permits have been up and down and are down year-over-year as of March of 2021.
The new building permit activity won’t make a dent in the demand in the market today.
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Christian Missionary Alliance Property Gustafson & Associates 28
Lumber prices have increased substantially in the past 12 months, which has increased
the cost to build a home, but it is noted that the median price has far outpaced the
increased cost to build a home. Also, lumber prices have come back down.
Market values of single-family homes are increasing substantially due to heavy demand
and limited supply. Interest rates are still very low and homes are still affordable despite
the substantial increase in the median price in the Spring of 2021. The pandemic resulted
in fewer homes on the market, but demand still remained very strong. This worsened the
imbalance in the market. The pandemic is not impacting the residential market at this
time in a major way. There are small changes in the migration of citizens due to the
pandemic as more people have moved to communities outside the urban centers.
-50.0%
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NEW BUILDING PERMITS
A N N U A L C H A N G E , S N O H O M I S H C O U N T Y , S F R , 3 M O . M O V I N G A V E R A G E
Christian Missionary Alliance Property Gustafson & Associates 29
Physical/Environmental Forces
Cultural & Recreation: The Seattle/Tacoma metropolitan area has an array of
amenities. Cultural activities and establishments include the Seattle Symphony, Opera
House, Center House, theaters, and several ethnic associations. Major professional sports
have included the Seattle Seahawks, the Seattle Sounders, the Seattle Mariners, and the
Seattle Thunderbirds. Two new facilities have been constructed in Seattle including
Qwest Field (Seattle Seahawks) and Safeco Field (Seattle Mariners). Key Arena was
constructed in the 1990’s and has an unknown future at this point without the Seattle
Supersonics as its main tenant The City of Everett has added the Everett Events Center,
which hosts high-profile musicians and performers.
The region is well known for its wide array of outdoor activities within driving distance
from all metropolitan areas. These activities include skiing, boating, hiking, mountain
climbing, salt and freshwater fishing and hunting.
Land use trends are directly guided by geography. The prominence of Puget Sound to the
west and the mountainous terrain on the east has created a north-south growth pattern as
the population has increased. Satellite cities (Olympia, Lakewood, Puyallup, Sumner,
Fife, Federal Way, Kent, Auburn, Renton, Bellevue, Redmond, Kirkland and Bothell)
clustered along major transportation routes within this north-south corridor.
Climate: The climate is relatively mild with an average annual snowfall of only eight
inches and average temperatures from 33 to 43 degrees during January 53 to 75 degrees
during July. The average annual rainfall is 39 inches with most precipitation taking place
from October to March. The climate is thus considered agreeable for year-round
construction activity though construction codes are still geared to “extreme” climate
criteria.
Education: The University of Washington and other higher educational institutions
provide both employment opportunities and specific education and research programs on
both a regional and international level. The university has a branch in Tacoma and
Bothell with plans to add another in Everett (Everett Station). A network of fine public
and private schools serves Pierce and South King counties.
Public Transportation: Several local and interstate highways facilitate transportation.
Interstate Highway 5 (I-5) connects the Central Puget Sound Region with most of the
other regional economic centers along the West Coast. Interstate Highway 90, which
connects with I-5, provides access to markets in the East. Interstate Highway 405 and
State Highways 167, 590, and 99 provide alternate routes.
The Seattle-Tacoma International Airport is located south of Snohomish County between
Seattle and Tacoma and is the largest of its kind in the region.
There are also three major rail lines, Amtrak, Burlington Northern, and Union Pacific,
running through the region.
Christian Missionary Alliance Property Gustafson & Associates 30
Local area transportation is also readily available from the extensive Metro Bus System.
Due to geographic location, the Seattle/Tacoma metropolitan area has become an
international port for both visitors and goods to and from such places as Alaska, Japan,
Korea, and China. Raw wood products, aircraft and high-tech equipment are export items
from the region. Paine Field will be offering passenger flights as early as 2018.
Governmental Forces
Government services: County councils govern county government with areas outside
incorporated cities protected by the Sheriff’s and County Fire Departments. It is common
to find that in smaller incorporated cities within the county contractual agreements exist
for law enforcement and fire protection. Incorporated and unincorporated areas of the
region have differing forms of government. Real estate taxes are assessed and collected
by individual County assessors and treasurers, while the state government collects
percentage excise taxes on all real estate transactions. One of the beneficial features to
residents of the state is that no state income taxes are levied.
Land use is controlled within county areas by the County Planning and Environmental
Services Department and within the city areas by the various city departments. Health
care services within the Metropolitan area are provided by major county and private
hospitals. Within the city all utilities are available. These include gas, electricity, water,
sewage disposal, telephone, and garbage disposal.
Military installations: Military installations are in Tacoma at McChord Air Force Base
and Fort Lewis Army Base, in Everett at the Naval Station, and in Bremerton at the Naval
Shipyards. The Undersea Warfare Center and Nuclear Submarine Stations are in Bangor,
to the north of Bremerton. The personnel and employment base of these facilities are a
major contributing factor to the overall economy of the area, and despite vast nationwide
defense cutbacks and closures of bases throughout the military centers in the United
States. Complementing this is the Boeing Company, which has obtained orders to
construct and maintain numerous sophisticated military aircraft besides their commercial
aircraft production.
Snohomish County
• Snohomish County is the third largest metropolitan area in the State of Washington. It is
2,100 square miles in size making it the 13th largest county in the state. It has a
topography that varies from seal level along the Puget Sound to the west to 10,538 feet
(at Glacier Peak) in the rugged Cascade Mountains to the east. Most of the land lying in
the eastern portion of the county is in the Mt. Baker-Snoqualmie National Forest.
Snohomish County encompasses the area directly north of King County and south of
Skagit County and is transacted by the I-5 Corridor.
• Snohomish County is home to two community colleges plus another community college
extension campus, and three four-year university extension campuses, which keep an
exceptional supply of skilled workers available for every type of industry. Leaders of
these institutions have demonstrated a great deal of flexibility and innovation in meeting
the skilled demands of varied employers. The University of Washington, one of the
Christian Missionary Alliance Property Gustafson & Associates 31
nation’s premier research universities, has a branch campus in Bothell. Washington State
University has a branch campus and they are expanding their degree programs in 2019.
• Snohomish County labor and employment benefits greatly from large employers. In
addition, these employers create jobs elsewhere in the county per employee they hire. An
excellent example is the strong multiplier that Boeing has; every Boeing job creates
another 2.8 jobs in the county. Employment in all nonagricultural industries has increased
over the past year with the largest increase in the manufacturing sector.
Christian Missionary Alliance Property Gustafson & Associates 32
Office Market
The office market within the Puget Sound market is experiencing increasing vacancy
rates, especially in Class B and C space at the current time according to market reports by
Colliers International, CBRE and Kidder Mathews in the 4th quarter of 2020.
Colliers reported:
In the COVID-19 pandemic, the Puget Sound market has
slowed. Asking rates for desirable Class A space is still
climbing in downtown Seattle and the Eastside, while the
vacancy rates for Class B and C space have increased
substantially. Investment capital is awaiting stabilization
and still assessing prospects.
CBRE reported:
Northend leasing activity was relatively low. The
vacancy rate increased 113 bps to 10.57% Due to
increasing vacancy and limited tenant activity, asking
rates in the Northend fell by $0.48 to $28.78 per square
foot.
Kidder Mathews reported:
With the onset of COVID-19, 2020 was a difficult
year as the pandemic raised widespread uncertainty
in the Puget Sound office market. While there has
been gradual improvement in the job market since
May and many businesses have re-opened at limited
capacity, until we have an immunized critical mass,
the regional office market will continue to be volatile.
CBRE reported that employers are test hybrid remote and in-person work strategies,
prioritizing health and safety. Tenants and landlords opted for shorter-term leases and
renewals while they wait for business conditions to return. Leases signed for three years
or less accounted for 41% of leasing activity in Q4. Total year-end leasing volume for the
region was down 40% from the prior year. Despite fewer leases, the purchase market is
healthy with ample demand for office investments, but focused on single-tenant
properties with long-term leases.
Christian Missionary Alliance Property Gustafson & Associates 33
In the Northend it appears that median rents have increased in 2020, but Kidder Mathews
reports that rents have gone down.
The dependence on technology is illustrated in the following graph, which shows new
office leasing in the prior 12 months.
Christian Missionary Alliance Property Gustafson & Associates 34
Since the COVID-19 pandemic hit, vacancy has increased across the region with
substantial increases in Downtown Seattle. The total vacancy reflects the increase in
sublease opportunities.
The Northend market is actually stable. The direct vacancy in the Northend is 9.0% and
the total vacancy is 10.6%. This is essentially unchanged from 2019 according to CBRE.
Kidder Mathews reports an uptick in vacancy and Colliers reports a decrease in vacancy.
They report that the Northend submarkets attract smaller office tenants looking for good
proximity to affordable housing and in areas of affordable office rent.
The following graph shows Kidder Mathews office market summary for Snohomish
County.
Christian Missionary Alliance Property Gustafson & Associates 35
Office Market Summary
(Kidder Mathews, Northend, 4th Qtr 2020)
According to Kidder Mathews, vacancy has increased slightly in 2020 and rents have also
decreased by approximately 5% from 2019 to 2020.
Capitalization rates for office buildings in the Puget Sound area are stable.
Jeff Ayers, a broker with Westlake and Associates, reported in January of 2021 that the
suburban office market is healthy. There has been healthy leasing activity, but it appears
that the tenants are able to get more concessions now compared to before the pandemic.
Matthew Gardner, lead economist at Windermere, stated that he didn’t believe there
would be a substantial increase in office vacancy. He believes that employees may go to a
partial workweek at the office and partial at home, resulting in the continued need for
office space. He stated the desire to increase the square footage per employee will
contradict the fewer employees required in the office. There will also be the need for
more demised office spaces.
Christian Missionary Alliance Property Gustafson & Associates 36
Cavan O’Keefe, a broker with Newmark Knight Frank, reported healthy interest from
prospective tenants in February of 2021. He states that the market is active with many
tenants from Seattle looking to move north.
Brian Stewart, a broker with Rosen Harbottle, stated in February of 2021 that most
tenants have extended their leases and vacancy has not increased substantially. In
addition, rental rates are consistent, but the tenants have slightly more leverage on the
rate and the concessions given due to the pandemic.
There is minimal new construction in the area with most proposed projects located in
Seattle and Bellevue/Kirkland, but following project(s) are noted:
• Multi-tenant office with 15,132 SF on 10521 19th Ave SE in Everett (Completed in 2019)
In summary, there is no consensus regarding vacancy or a change in rental rates in the
Northend submarket, but it is performing better than Downtown Seattle. Investment
activity in late 2020 shows that there is still demand from investors. There are companies
that are thinking about decreasing their footprint in the future. The performance of the
office market will depend on how long Covid-19 affects day to day business and the
changes of habits in the future regarding working from home and the need for more space
per employee in the current buildings.
Christian Missionary Alliance Property Gustafson & Associates 37
Retail Market
Kidder Matthews released a 1st Qtr 2021 market report for the retail market in the Puget
Sound Region. Colliers released a report in the 3rd quarter of 2020. Marcus and
Millichap released a report on the 2nd quarter of 2021.
Marcus & Millichap reports:
Mild pandemic impact to Puget Sound retail. As the metro is one of the nation’s
stronger and rapidly expanding economies, Seattle’s retail demand drivers have
been robust in recent years…., Demand for retail space quickly softened last
year and businesses were challenged to survive…. Property fundamentals held
onto a strong position. Vacancy remained tight and there were stable year-over-
year rent gains.
Kidder Mathews reports:
The first Quarter 2021 saw the rollout and ramp up of multiple Covid-19
vaccines and the Puget Sound area has started to see more retail businesses
open to greater capacity. Optimism for vaccination success is bolstering the
retail market.
Christian Missionary Alliance Property Gustafson & Associates 38
Kidder Mathews shows that cap rates remain low as sales volume shrinks as evidenced
below:
Sales Volume, Transactions and Cap Rate10
Cap rates for single tenant properties for businesses not impacted by Covid-19 remain
low due to strong investor demand. Cap rates are shown to be low based on limited
transactions, but PwC shows nationally cap rates have increased (reference the
information later in the report).
Lance Sasser at Capital Pacific reported in October of 2020 that many buyers are seeking
low risk investments. The B and C properties are not selling very much and would reflect
much higher cap rates, but the vast majority of sales still tend to be very safe investments.
There will be a decrease in 1031 exchange buyers due to the drop in transactions in 2020,
which will affect the investments that are $2m to $7m because 80% of those buyers were
1031 exchange buyers.
10 Source: Kidder Mathews
Christian Missionary Alliance Property Gustafson & Associates 39
11
According to Kidder Matthews, some full-service restaurants have gone out of business.
The Downtown Seattle retail market is not doing well due to the dependence of thousands
of office workers continuing to work from home. Many larger companies expect a return
of the majority of workers in Fall of 2021.On the positive we expect to see Amazon
taking spaces for food stores and larger Amazon Go formats.
Kidder Mathews reports a 2.5% direct vacancy in Snohomish County in the 1st Qtr 2021
(3.70% overall availability). This is a drop from 2019 and 2020, which is surprising.
The following graph shows a summary for the retail direct vacancy12.
11 Kidder Matthews 2Q20 report
12 Source: CBRE & Kidder Mathews
Christian Missionary Alliance Property Gustafson & Associates 40
Retail development activity is moderate with some new developments continuing after
many developers put things on hold in 2020. Smaller scale developments are more
prevalent whether it is build-to-suits for single tenants or smaller buildings for two or
three expanding tenants. New development will decline as developers and tenants gauge
the COVID-19 impact. 13
New construction projects include:
• Stanwood: Grocery Outlet and Petco (Completed: 2016)
• Lake Stevens: Gas station and retail center known as Trestle Station (Completed: 2016)
• Arlington: Gateway Shopping Center (Completed: 2016)
• Lynnwood: Carmax on Hwy 99 (completed in 2017)
• Marysville: strip retail on 88th (Completed: 2018)
• Marysville: Retail at 116th in Marysville incl. Sonic, Arby’s, Popeye’s (Completed: 2018)
• Lake Stevens: Wendy’s, IHOP, Multicare at Vernon Road & SR 9 (Completed: 2018)
• Mill Creek: Arena Sports on SR 527 (Completed: 2018)
• Arlington: Bartell Drugs at the NWC of SR 9 and 204th (Under construction: 2018)
• Lynnwood: Sprouts Grocery Store at 196th and Hwy 99 (Completed: 2018)
• Lake Stevens: Bartell Drugs and retail center at 9010 Market Pl (Under Constr 2019)
• Lynnwood: Mixed use above old Sears at Alderwood Mall (Planning in 2019)
• Stanwood: Mod Pizza, AT&T, and Super Cuts (Completed: 2019)
• Lake Stevens: Costco at SR 9 & 20th St SE (Proposed 2021)
• Lake Stevens: The Landing at SR 9 & Soper Hill Rd (Arco AMPM) (Proposed 2021)
• Marysville: White Barn Development – Everett Clinic committed (Proposed 2021)
New significant leases include the Sprouts Farmer’s Market in the old Safeway in Mill
Creek (2018) and Ross Dress for Less in the Frontier Village Shopping Center (2019).
13 Source: Kidder Mathews Market Update
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
8.00%
7/
1
/
2
0
0
6
2/
1
/
2
0
0
7
9/
1
/
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0
0
7
4/
1
/
2
0
0
8
11
/
1
/
2
0
0
8
6/
1
/
2
0
0
9
1/
1
/
2
0
1
0
8/
1
/
2
0
1
0
3/
1
/
2
0
1
1
10
/
1
/
2
0
1
1
5/
1
/
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0
1
2
12
/
1
/
2
0
1
2
7/
1
/
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0
1
3
2/
1
/
2
0
1
4
9/
1
/
2
0
1
4
4/
1
/
2
0
1
5
11
/
1
/
2
0
1
5
6/
1
/
2
0
1
6
1/
1
/
2
0
1
7
8/
1
/
2
0
1
7
3/
1
/
2
0
1
8
10
/
1
/
2
0
1
8
5/
1
/
2
0
1
9
12
/
1
/
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9
7/
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/
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0
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0
2/
1
/
2
0
2
1
Di
r
e
c
t
v
a
c
a
n
c
y
Retail Vacancy Rates
Snohomish County Puget Sound
Christian Missionary Alliance Property Gustafson & Associates 41
Store closings include Haggen in Arlington (2015), Kmart in Marysville (2016), Haggen
at 7601 Evergreen Way in Everett (2016), Haggen at 19881 SR 2 in Monroe (2016),
Sears in Lynnwood (2017), Family Christian Stores in Everett, Lynnwood, Lynden, and
Bellingham (2017), Macy’s in Everett (2017), Toys R Us in Lynnwood (2018), and
Albertson’s in Everett (2018). Payless ShoeSource (All Stores in 2019 including stores in
Woodinville, Lynnwood, Everett, Marysville, Lake Stevens, Burlington, and
Bellingham). Christopher & Banks filed for bankruptcy in January 2021 and will close
most or all their stores (Lynnwood). Gap and Banana Republic will close 30% of their
stores by 2023.
Restaurants
Restaurants have tried to focus on takeout offerings, which is more of an option for some
restaurants. The dine-in customers are way down from one-year earlier across the
country.
Retail Sales
The following graph shows taxable retail sales in Snohomish County14
14 Source: Washington State Department of Revenue
Christian Missionary Alliance Property Gustafson & Associates 42
It shows the retail sales recovering from the pandemic with a 6% YOY gain in the 4th Qtr
2020, but Ecommerce continues to make inroads in the retail market. The following
graph shows the change in dynamics between brick and mortar and Ecommerce.
-0.15
-0.1
-0.05
0
0.05
0.1
0.15
0.2
0.25
0.3
0.35
$0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Snohomish County Retail Sales
YOY Change Retail Sales (Millions)
Christian Missionary Alliance Property Gustafson & Associates 43
Ecommerce is up to a 15% share of the overall sales volume and has been increasing at
15% year over year, but due to COVID-19 year-over-year increases in sales 30-40% in
2020. As shown in the graph, the brick and mortar annual change has been slightly less
than the overall number and sunk sharply in the second quarter 2020 and recovered the
2nd half of 2020. The gap is widening between total retail growth and brick & mortar
growth and is getting worse from the pandemic as Amazon is reporting substantial
increases in online sales. All sectors recovered in the 3rd quarter with the pent up demand
from lockdowns in the 2nd Qtr 2020.
Department stores seem to be affected the most by the Ecommerce growth. Property
owners with vacant big box stores have chosen to redevelop or change the use like the
Sears conversion to office in Redmond, Northgate Mall redevelopment plan, and Sears
redevelopment into mixed use at Alderwood Mall. The combination of Ecommerce and
Covid19 have negatively affected the retail market and some retail tenants won’t survive.
In the past month JCrew and Nieman Marcus have declared bankruptcy.
Retail Conclusion: The pandemic slowed the retail market considerably and there are
retailers that are struggling, but as restaurants and other retail businesses open fully, we
realize that vacancy hasn’t increased much, if any, and rental rates haven’t decreased.
There was aid from the federal government and many landlords accepted less rent over
the past year in order for tenants to survive. There are still issues with retail including the
emergence of Ecommerce, but local retail sales increased 6% over the past year in the 4th
Qtr of 2020.
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
50.0%
Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4
2013 2014 2015 2016 2017 2018 2019 2020
An
n
u
a
l
C
h
a
n
g
e
(
N
o
t
S
e
a
s
o
n
a
l
l
y
A
d
j
)
National Retail Sales Growth
total
(Not Adj.)
E-commerce Brick & Mortar
Christian Missionary Alliance Property Gustafson & Associates 44
Multifamily Market
Kidder Mathews released a market report in Spring of 2021 and Colliers released a
market report in 2020 on the multifamily market. The following analysis is based on their
market reports and Costar analytics.
The market has been anticipating an increase in capitalization rates in the region due to
the rising interest rates, but interest rates have remained low. As a result, Kidder
Mathews shows that cap rates are remaining low in the Puget Sound area.
The average sale price per unit has decreased substantially in 2020, but that is only a
reflection of the type of product sold rather than a change in value. The cap rate above is
shown at approximately 5.0% and trending flat. Marcus and Millichap also reported an
unchanging cap rate in the 4th Quarter of 2019.
The average asking rent has continued to increase in the region according to the
following chart from Kidder Mathews.
Christian Missionary Alliance Property Gustafson & Associates 45
The chart shows a small increase in rent in 2021 and vacancy back down to low levels.
Vacancy rates decreased to 5.8% in 2021.
Invitation Homes owns 3,600 homes in the Puget Sound area and is reporting a 2.9%
vacancy as of 9/30/20. This is down from 6.6% a year earlier. They had frozen evictions
due to the pandemic.
With more recent data, according to Apartment List15 there had been a rent drop and
vacancy increase in the urban centers due to the pandemic, but the market has recovered.
The following graph shows rent growth in Seattle in the last year. They are back to even
as of one year ago. The suburban areas are a different story.
15 https://www.apartmentlist.com/research/national-rent-data
Christian Missionary Alliance Property Gustafson & Associates 46
Capitalization rates tend to follow interest rates due to the relationship between the net
operating income after mortgage to value. The following graph shows the long-term
correlation between cap rates and interest rates.
Christian Missionary Alliance Property Gustafson & Associates 47
The 10-year treasury rate has dropped significantly to 0.55% in August of 2020. There is
also a correlation between the cap rate and the 10-year treasury rate. Marcus and
Millichap included the following graph showing the correlation. It suggests that cap rates
may remain low for some time.
The Everett Market had a slower recovery, but is healthy at the current time. From 2010
to 2019 Everett added 5% to its apartment volume with 242 units under construction in
2019 (2% of overall volume). The following chart from Colliers shows the past few years
in the Everett Market.
The Runstad Department of Real Estate performed a study in the Spring of 2021 and
found 5.2% vacancy for apartments in Snohomish County, which is unchanged from a
year prior. The average rents were: $1,343 for one-bedroom units (change from
$1,373/month in 2020) and $1,534 for two-bedroom units (unchanged from 2020). This
is a contradiction from ApartmentList, which shows a 12.4% increase year over year in
Everett (July 2021).
There has been new construction in the area including, but not limited to the projects
below:
Christian Missionary Alliance Property Gustafson & Associates 48
• Lake Stevens: Mixed use bldg with 16 Apts and 4 Com at 7035 10th St SE (under construction 2019)
• Marysville: 6plex at 4305 113th Pl NE (Comp 2019)
• 140 Senior Apartments at 3214 Broadway in Everett (2020)
• 266 new apartments at Waterfront Place on Marine View Drive (2020)
• 200 new apartments at 16th & Marine View Drive (2020)
• Marysville: 12-unit apartment at 1245 Beach Ave (2020)
• Lynnwood: 349 units at 18631 Alderwood Mall Pkwy (Proposed)
• Lake Stevens: 16 units at 7315 10th St SE (Comp 2020)
• Marysville: 60-unit Twin Lakes Landing II – 2630 164th St NE Proposed 2020)
• Marysville: 96-unit Firerock Apts at 3106 87th Ave NE (Proposed 2020)
• Marysville: The Lodge IV - 144 units at 17501 19th Ave NE (Proposed 2020)
• Arlington: Pilchuck Village – 182 units + com at 7100 204th St NE (Proposed 2021)
• Arlington: Fullwiler Bldg – 26 Apts + com at 6605 204th St NE (Proposed 2021)
• Arlington: Goldstream Complex – 96 Apts + com at 18405 35th (Proposed 2021)
• Arlington: The Lux – 132 Apts at 20000 Olympic Pl (Proposed 2021)
Multifamily Conclusions
The Snohomish County market is continuing to see increases in rental rates. Vacancy is
stable, but the rental increase moratorium has been lifted and vacancy may increase as a
result. Capitalization rates are flat according to the market reports.
Condominiums are becoming desirable again. There are some apartments being
converted to condos in the design phase in Seattle, but no condos are proposed in
Snohomish County to our knowledge.
There is new construction proposed in Snohomish County, but the new development
volume is not significant enough to change the market. Washington State put in
protections against eviction that has been lifted.
Christian Missionary Alliance Property Gustafson & Associates 49
Paine Field Commercial Passenger Flights
Paine Field opened a terminal for commercial aviation in 2019. Alaska Airlines
commenced passenger flights in March of that year. United Airlines also has used the
terminal, but they announced they are suspending commercial flights as of Fall of 2021.
In May of 2020 they temporarily closed the airport due to the Covid-19 pandemic, but it
has opened back up as of August 1, 2020, in a limited manner.
Opening Paine Field to passenger service increases transportation in the region with an
easier ability to travel to the west coast. Commercial development should react positively
to the news. Residential development near the airport may have negative effects from the
increase in noise and traffic. The Covid-19 outbreak has decreasing traffic substantial and
has put a strain on this airport.
Opening Paine Field to passenger service will increase transportation in the region with
an easier ability to travel to the west coast. Commercial development should react
positively to the news. Residential development near the airport may have negative
effects from the increase in noise and traffic. The Covid-19 outbreak has decreasing
traffic substantial and has put a strain on this airport.
Christian Missionary Alliance Property Gustafson & Associates 50
Coronavirus (COVID-19)
The Covid-19 outbreak was declared a global pandemic by the WHO in March of 2020.
It severely limited travel and substantially damaged the economy in the short term.
The effect on the local area resulted in a loss of income for restaurants, retailers, tourism
business, hotels, and other businesses. Overall foot traffic has been temporarily reduced.
Boeing has cut future projections and announced layoffs to come in the future. The
border with Canada is closed to non-essential travel.
The unemployment rate is higher than normal, but has been decreasing and is near
normal levels. Many residential tenants report that they won’t be able to make future rent
payments without more bailout money and they have benefited from a moratorium on
evictions. There is also a moratorium on rent increases.
As of June of 2021 all people 12 and older have access to a vaccine and over 63% of
eligible recipients have initiated the process. This combined with the coming of warmer
weather suggest that things will resemble normal in the summer of 2021. Governor Inslee
plans to lift all restrictions at the end of June
There has also been an increase in homeowners in forbearance, but a moratorium on
foreclosures has meant that this hasn’t affected the housing market. Home prices have
increased through the pandemic.
Christian Missionary Alliance Property Gustafson & Associates 51
City of Arlington
The City of Arlington is located in northern Snohomish County, approximately seven
miles south of the Skagit County line. It is situated at the confluence of the north and
south forks of the Stillaguamish River, 10± miles upriver from Port Susan on Puget
Sound. Arlington is located 15 miles north of Everett and 45 miles north of Seattle.
It has a current population of 20,523 (2019), which is a 14.3% increase since 2010.
Primary access is by Interstate Highway (I-5) three miles to the west. State Route 530 (SR
530) is an east/west route connecting Arlington to I-5 and east to Darrington. State Route 9
(SR 9) passes through Arlington connecting with King County to the south and the
Canadian border to the north. Arterials include 67th Avenue NE (Stillaguamish Highway),
which links the downtown retail area with the industrial development to the south and
172nd Street NE, which is the main arterial through Smokey Point (Arlington’s southerly
boundary). Arlington has a well-developed network of collector streets within the city
boundaries.
Historically, Arlington’s economy was based on the logging industry and the railroad.
Today, the economic base has diversified into retail, light industry, agriculture and
manufacturing with wood products contributing a significant but less critical role. The
Arlington Airport and surrounding industrial development have become the economic
focus in Arlington over the past 20 years.
The City of Arlington provides water and sanitary sewer service to most properties within
its boundaries. Natural gas service is available from Cascade Natural Gas Company.
Electrical service is provided by Snohomish County PUD No. 1 and telephone service by
GTE Northwest. Police protection is by the Arlington Police Department and fire
protection by the Arlington Fire Department with three full-time firefighters and additional
volunteer staff.
New construction includes the following projects:
• Park 77 Apartments at 20227 77th (Completed in 2017)
• Cascade NW Self Storage at 4125 172nd (Completed in 2018)
• Apartments at 19321 31st Ave NE (Completed in 2018)
• Bartell Drugs at 204th & SR 9 (Completed in 2018)
• 180th Industrial (Under construction 2019)
• Olympic Avenue Mixed Use (Under Construction 2019)
• CubeSmart Self Storage at 3600 156th St NE in Marysville (Completed in 2020)
• Starbucks at 204th & SR 9 (Under construction in 2020)
• Blue Origin industrial building at 6200 188th St NE (Proposed in 2020)
• Gayteway Industrial Park on 63rd with 1.0M square feet (Under Constr in 2020)
Notable closures include Haggen in 2015.
Christian Missionary Alliance Property Gustafson & Associates 52
The Oso Mudslide occurred north of Arlington in unincorporated Snohomish County.
The City of Arlington has not materially changed from the incident although Snohomish
County has new limitations on development near heavily sloping areas.
http://www.arlingtonwa.gov/
http://www.arlington-smokeypointchamber.com/
Christian Missionary Alliance Property Gustafson & Associates 53
Market Analysis Conclusions
Snohomish County economic indicators show unemployment has come back down to
reasonable levels. There are more reports of companies not being able to find service
workers than reports of workers not being able to find jobs.
The housing market outlook is healthy with substantial demand from buyers and limited
supply. Interest rates are still very low on a historical measure. Prices have spiked in the
2021 with the majority of homes selling for more than the asking price.
Commercial property values appear to be increasing at a moderate pace, but this could
change and it depends on the property type. Capitalization rates have stabilized at lower
levels.
The retail market is mixed with increasing in-store YOY sales despite the continuing
expansion of online sales. The retail sales in the 2nd quarter of 2020 will be very weak
due to the lockdown. Buyers are very interested in retail investments not effected by
Covid19. Many retail properties that compete directly with Ecommerce are viewed as
high risk and the Covid-19 outbreak has resulted in some stores permanently closing their
doors.
The suburban office market is still struggling in some areas, but vacancy is lower than it
has been. Still, speculative projects are nonexistent.
The industrial market is healthy with increasing rental rates and healthy transaction
volume. The Arlington/Marysville submarket has really exploded in the past couple of
years.
The apartment market is still relatively strong with low vacancy levels and rising rents.
Christian Missionary Alliance Property Gustafson & Associates 54
Location Map
Christian Missionary Alliance Property Gustafson & Associates 55
Aerial Map
16
16 Source: PDS IMAP, unknown date
Christian Missionary Alliance Property Gustafson & Associates 56
Vicinity Map
17
17 Source: PDS IMAP, unknown date
Christian Missionary Alliance Property Gustafson & Associates 57
Bird’s Eye View Map18
18 Source: bing.com/maps, unknown date, looking northerly
Subject
Property
Christian Missionary Alliance Property Gustafson & Associates 58
Property Description
A 78,500-square-foot commercial site.
Legal Description19
Section 21 Township 31 Range 05, South ½ of the North ½ of the NW ¼ of the SW ¼
except East 698.42 feet and except west 30 feet to Snohomish County for roads under
AF#191995 and except south 135.8 feet except portion county road as per Totem Park
Division 4
SITE
Location: The subject is located at the northeast corner of Smokey Point
Blvd and 178th Pl NE in the City of Arlington.
Current Use of the
Property:
Vacant Land
Site Size:
Usable Area
Comments:
Total: 1.80 acres; 78,500 square feet
Usable: 1.80 acres; 78,500 square feet
No wetlands were noted. Setbacks are typical of the market.
There are no adverse easements that limit the use of the
subject property. There are no steep areas that limit the use of
the subject property.
Size Determination
Method:
Aerial measurement. There is discrepancy between the
assessor’s data (2.23 acres) and aerial measurement (1.80
acres). This could be due to the area conveyed to Snohomish
County for road expansion and it not being updated in the
Snohomish County data. The Plat of Totem Park supports
that the aerial measurement is correct.
Shape: The site a rectangular strip of land with 135' frontage on
Smokey Point Blvd and 580' frontage on 178th Pl NE.
Frontage/Access:
The local access is good. It has direct access to Smokey Point
Boulevard and 178th Pl NE with free left turns permitted
Land Summary
Parcel ID Gross Land
Area (Acres)
Gross Land
Area (Sq Ft)
Usable Land
Area (Acres)
Usable Land
Area (Sq Ft)
Topography Shape
31052100302300 1.80 78,500 1.80 78,500 Level Roughly Rectangular
Christian Missionary Alliance Property Gustafson & Associates 59
entering and exiting the subject. The subject is three minutes
from the nearest Interstate-5 freeway interchange and five
minutes from the Arlington Municipal Airport. It is a 17-
minute drive to Everett and 30-minute drive to Lynnwood.
The subject property has average regional access. It is 40
minutes driving to Seattle.
Access with frontage:
• Smokey Point Blvd: 135 feet
• 178th Pl NE: 580 feet
The site has an average depth of 580 feet. It is a corner lot.
Visibility: Exposure to traffic volumes is good with moderate to
substantial traffic volumes along Smokey Point Boulevard.
There is minimal traffic along 178th Pl NE.
Daily Traffic Counts:
Moderate to significant along Smokey Point Blvd
Topography:
Landscaping:
The subject has level topography at grade.
None
Soil Conditions: The soil conditions observed at the subject appear to be
typical of the region and adequate to support development.
Utilities:
The subject's utilities are typical and adequate for the market
area. Water and sewer lines are available on Smokey Point
Blvd and 178th Pl NE. The connection points are easy to
access and can be extended to the subject property. The City
has a stormwater system in Smokey Point Blvd that the
subject property could access with appropriate fees. The
subject has access to power, water, sewer, natural gas,
telephone, Cable TV, and broadband internet.
Site Improvements: None
Flood Zone: The subject is in an area mapped by the Federal Emergency
Management Agency (FEMA). The subject is in FEMA flood
zone X, which is not classified as a flood hazard area.
FEMA Map Number: 53061C0391F
FEMA Map Date: June 19, 2020
The subject is not in a flood zone.
Christian Missionary Alliance Property Gustafson & Associates 60
Wetlands/Watershed: No wetlands were observed during our site inspection, but it
is noted that the appraiser is not a professional at delineating
wetlands. The property has some established trees at the north
property line. The remaining area is open pasture. Please
reference the Limiting Conditions and Assumptions.
Earthquake Zone 3
Earthquake Zone
Comments
The subject is in an earthquake zone with a moderate to high
probability of damaging ground motion. It is the second
highest zone from 0 to 4 (0, 1, 2A, 2B, 3, and 4). All of
Western Washington is within this zone.
Environmental Issues:
There are no known adverse environmental conditions on the
subject site. The subject property is not listed on the
Department of Ecology list of contaminated sites, but it is
noted that this is not a definitive list. Please reference
Limiting Conditions and Assumptions.
Encumbrance /
Easements:
There are no known adverse encumbrances or easements.
Please reference Limiting Conditions and Assumptions.
Opportunity Zone: Yes
Opportunity Zones are low-income and undercapitalized
communities where tax incentives are given to encourage
those with capital gains to invest. 20
Site Comments: The subject is a corner site and is level and at grade with
adjacent streets. The site is a large grass field with established
trees at the north property line. The site has 135' frontage on
Smokey Point Blvd. No view amenity is noted. The subject is
surrounded by single-family residential units to the east and
north, vacant land to the north and a community church to the
south. There is also commercial development scattered along
Smokey Point Boulevard.
20 https://opportunityzones.hud.gov/resources/map
Christian Missionary Alliance Property Gustafson & Associates 61
Assessor’s Map
13
5
’
85
’
Christian Missionary Alliance Property Gustafson & Associates 62
Sewer Line Map
Christian Missionary Alliance Property Gustafson & Associates 63
Water Line Map
Christian Missionary Alliance Property Gustafson & Associates 64
Improvements Description
The subject is vacant land. There are no improvements on the subject property.
Christian Missionary Alliance Property Gustafson & Associates 65
Subject Photographs
View of the subject looking northwesterly from 178th Pl NE
View of the subject looking northwesterly from 178th Pl NE
Christian Missionary Alliance Property Gustafson & Associates 66
View of 178th Pl NE looking westerly with the subject on the right side
View of the subject looking westerly
Christian Missionary Alliance Property Gustafson & Associates 67
View of the subject looking southwesterly
View of the subject looking southeasterly
Christian Missionary Alliance Property Gustafson & Associates 68
View of Smokey Point Blvd looking southerly
View of the subject looking northeasterly from Smokey Point Blvd
Christian Missionary Alliance Property Gustafson & Associates 69
Assessment and Taxes
Taxing Authority
Snohomish County
Assessment Year
2021
Comments
Taxes are typical for the area. There is a special assessment of $8 per year for the
Snohomish Conservation District.
Real Estate Assessment and Taxes
Tax ID Land Improvements Other Total Assessment Tax Rate Taxes
31052100302300 $362,600 $0 $0 $362,600 $7.09 $2,579
Real Estate Assessment Analysis
Tax ID
Per SF GBA Per Acre
Total
Assessment
Equalizatio
n Ratio
Implied
Value
31052100302300 $36.26 $201,208 $362,600 100.0%$362,600
Notes:
Christian Missionary Alliance Property Gustafson & Associates 70
Zoning
LAND USE CONTROLS
Zoning Code
Zoning Authority
CC - T4MS and T4N SV
City of Arlington
Current Use Legally Conforming
The subject is a legal conforming use.
Zoning Change Likely
A zoning change is unlikely.
Zoning
Commercial Corridor (T4 MS & T4N SV) - Arlington
The Commercial Corridor (CC) zone was adopted in 2017. It is not listed in the zoning
code with the other zoning districts because it is covered in the mixed-use regulations
section21 and is defined by the subdistricts in that section.
In general the commercial corridor zone is meant to have mixed use developments with
commercial facing the arterials and multifamily in back of the commercial or above.
There aren’t maximum density limits in this zone, but only a certain density will be
feasible based on following the code requirements.
The commercial corridor is designed to accommodate commercial activities that would
meet the daily convenience needs of people residing or working in the environs. The new
changes encourage mixed-used development with residential as a component.
The zone is established to create pedestrian oriented, urbanized, mixed-use
neighborhoods, along designated transit routes. Design elements to include widened
sidewalks, drop lanes with on street parking, mid-block pedestrian crossings, planted
medians and bike lanes. These zones are established to utilize the stringent use of the
Mixed Use Development Regulations/ Form Based Code.
The subdistricts include a transect and a place type. The transects are listed below and
define the density.
21
https://library.municode.com/wa/arlington/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.110MIUS
DERE
Christian Missionary Alliance Property Gustafson & Associates 71
The place types are as follows: Community Center, Neighborhood Corridor, Special
District, Urban Center, and Village Center
The transects are broken down into the following zones in Arlington:
Details are located in the Mixed Use regulations22. The subject property is located in the
T4-MS and T4N SV zones with 50% of the area in one and 50% in the other They are
described below:
22 http://www.arlingtonwa.gov/DocumentCenter/View/1204/AMC-Chapter-20110-Mixed-Use-
Regulations?bidId=
Zones
Height
(Stories)
Attached or
Detached
Units Setbacks Commercial Use Multifamily Use Single Family Use
T4N SV - Neighborhood Small Volume 2 Both Small to none Optional Townhomes Yes
T4 MS - Main Street 4 Both Small to none Facing street Yes No
T4F - Flex 3 Both Small to none Livework Yes Yes
T4N MV - Neighborhood Medium Volume 3 Detached Small to medium Optional Yes Yes
T5N LV - Neighborhood Large Volume 4 Attached None Optional Yes No
T5 Flex 4 Attached Small to none Optional Yes No
T5N MV - Neighborhood Medium Volume 4 Both Small to none Optional Yes Townhomes
T5 MS - Main Street 5 Attached Small to none Facing street Yes No
Christian Missionary Alliance Property Gustafson & Associates 72
T4-MS
Maximum height is three stories (four stories for affordable housing). Setbacks are 5 feet
in front, 10 feet on the side, and 20 feet at the back (5 feet for accessory building).
Parking varies on use, but is not required for multifamily development, is one space per
room for hotels.
Permitted uses: Attached dwellings are permitted, multi-family(SUP), animal services,
financial, lodging(SUP), medical office, professional office, churches, retail, restaurants
(drive thru requires SUP)
Not permitted: Drive-thru banking, industrial, detached dwellings
Christian Missionary Alliance Property Gustafson & Associates 73
T4N-SV
This zoning only allows a maximum of two stories. Setbacks are 5 feet in the front, 5 feet
on the sides, and 5 feet at the rear. No parking is required.
Permitted uses: Attached and detached dwellings, multi-family (SUP), financial
institutions, churches (SUP)
Not permitted: retail, restaurants, office, medical office, light industrial, heavy industrial.
Christian Missionary Alliance Property Gustafson & Associates 74
Zoning Map
Subject
Christian Missionary Alliance Property Gustafson & Associates 75
It is noted that the subject property is labeled Civic Space, but the planning department
reports that this is aspirational and would only apply if the property was owned by the
City of Arlington. We can assume that the T4 MS and the T4N SV (light brown) would
extend south through the subject property.
Christian Missionary Alliance Property Gustafson & Associates 76
Highest and Best Use
Highest and best use may be defined as the reasonably probable and legal use of vacant
land or improved property, which is physically possible, appropriately supported,
financially feasible, and that results in the highest value.
1. Legally Permissible: What uses are permitted by zoning and other legal
restrictions?
2. Physically Possible: To what use is the site physically adaptable?
3. Financially Feasible: Which possible and permissible use will produce any net
return to the owner of the site?
4. Maximally Productive. Among the feasible uses which use will produce the
highest net return (i.e., the highest present worth)?
Legally Permissible
The subject property is CC, which allows a variety of retail, office, service-oriented
commercial and mixed-use residential/commercial uses.
Physically Possible
The site would be physically adaptable to many uses including mixed use, office, retail
hospitality and other commercial. The subject property has no physical restraints that
would preclude it from being developed into the above uses.
Financially Feasible
The subject property is surrounded by residential on the east and north sides. A church is
across the street and commercial uses are scattered along Smokey Point Boulevard, but the
subject property is in the path of progress. There are numerous new multifamily
developments including at 169th & Smokey Point, both sides of 172nd west of the freeway,
recently completed Villas at Arlington at 184th & Smokey Point Boulevard, and a proposed
96-unit complex just north of the subject property that includes a commercial component.
The multifamily market is strong at the current time. Multifamily is feasible for the subject
property. Commercial development is also feasible, but not as desirable as multifamily.
Nevertheless, it is required in the mixed-use zone.
Maximally Productive
The maximally productive use, as vacant, is mixed-use. The subject property is
maximally productive as a multifamily development to the maximum density with a
commercial building facing Smokey Point Boulevard to satisfy code requirements.
Highest and Best Use of the Site as Vacant
The highest and best use of the site as vacant is Mixed Use.
Christian Missionary Alliance Property Gustafson & Associates 77
Valuation Methodology
Three basic approaches may be used to arrive at an estimate of market value. They are:
1. The Cost Approach
2. The Income Approach
3. The Sales Comparison Approach
Cost Approach
The Cost Approach is summarized:
Cost New
- Depreciation
+ Land Value
= Value
Income Approach
The Income Approach converts the anticipated flow of future benefits (income) to a
present value estimate through a capitalization and/or a discounting process.
Sales Comparison Approach
The Sales Comparison Approach compares sales of similar properties with the subject
property. Each comparable sale is adjusted for its inferior or superior characteristics. The
values derived from the adjusted comparable sales form a range of value for the subject.
By process of correlation and analysis, a final indicated value is derived.
Final Reconciliation
The appraisal process concludes with the Final Reconciliation of the values derived from
the approaches applied for a single estimate of market value. Different properties require
different means of analysis and lend themselves to one approach over the others.
Analyses Applied
A cost analysis was considered and was not developed because the subject is vacant land
and there are no improvements on the subject property.
A sales comparison analysis was considered and was developed because there is
adequate data to develop a value estimate and this approach reflects market behavior for
this property type.
An income analysis was considered and was not developed because the subject is not an
income producing property and properties of this type are not purchased on cash flow.
We cannot conclude a credible value conclusion via this approach.
Christian Missionary Alliance Property Gustafson & Associates 78
Land Value
The subject property land value has been developed via the sales comparison approach.
Sales Comparison Approach – Land Valuation
The Sales Comparison Approach is based on the premise that a buyer would pay no more
for a specific property than the cost of obtaining a property with the same quality, utility,
and perceived benefits of ownership. It is based on the principles of supply and demand,
balance, substitution, and externalities. The following steps describe the applied process
of the sales comparison approach.
• The market in which the subject property competes is investigated; comparable
sales, contracts for sale, and current offerings are reviewed.
• The most pertinent data is further analyzed and the quality of the transaction is
determined.
• The most meaningful unit of value for the subject property is determined.
• Each comparable sale is analyzed and, where appropriate, adjusted to equate with
the subject property.
• The value indication of each comparable sale is analyzed and the data is
reconciled for a final indication of value via the Sales Comparison Approach.
Christian Missionary Alliance Property Gustafson & Associates 79
Land Comparables
I have researched five comparables for this analysis; these are documented on the
following pages followed by a location map and an analysis grid. All sales have been
researched through numerous sources, inspected and verified.
We analyzed the comparable sales on a price per square foot basis instead of a price per
unit basis due to the fact that there is no maximum density specified in the zoning so the
unit count is not known.
Comp Address Date Analysis Price Land SF Price per Land SF
Comp City
Subject 17801 Smokey
Point Boulevard
78,500
Subject Arlington
1 12125 State Ave 2/22/2021 $1,585,000 118,458 $13.38
Show Marysville
2 7423 204th St NE 7/9/2021 $1,500,000 129,800 $11.56
Show Arlington
3 18005 Smokey
Point Blvd
3/10/2020 $585,000 63,162 $9.26
Show Arlington
4 18405 35th Ave N 3/23/2021 $1,650,000 155,509 $10.61
Show Arlington
5 18223 Smokey
Point Blvd NE
6/19/2021 $1,500,000 146,797 $10.22
Show Arlington
Christian Missionary Alliance Property Gustafson & Associates 80
ID 15947 Date 2/22/2021
Address 12125 State Ave Price $1,585,000
City Marysville Analysis Price $1,585,000
State WA Transaction Type Closed Sale
Tax ID See comments Price per Land SF $13.38
Grantor AHM Development LLC Price per Land Unit $19,813
Grantee Alika Investments LLC Property Rights Fee Simple
Financing Cash Days on Market 2566
Book/Page or Reference 202102221404 Verification Arvin Vander Veen, broker
Acres 2.72 Zoning MU
Land SF 118,458 Zoning Type Mixed Use
Shape Irregular Flood Zone No
Utilities At property Encumbrance or None
Topography Level Environmental Issues None
Land Comparable 1
Site
Comments
The property was advertised for $2,020,000 in February 2014 but ended up selling for $1,585,000 after seven
years. It is a 2.86-acre, 3-parcel property with approval for a 60-unit apartment building and two lots for
commercial buildings, but the buyer will develop multifamily on all three lots for a total of 80 units.
Construction is expected to begin in 2021. Utilities and asphalt parking were already in place. The property
includes parcel #s 30050900200800, 01500, and 08000.
Transaction
Christian Missionary Alliance Property Gustafson & Associates 81
ID 13406 Date 7/9/2021
Address 7423 204th St NE Price $1,500,000
City Arlington Analysis Price $1,500,000
State WA Transaction Type Closed Sale
Tax ID See comments Price per Land SF $11.56
Grantor Mayo Properties LLC Price per Land Unit --
Grantee AVS Community Dev LLC Property Rights Fee Simple
Financing Cash Days on Market N/A
Book/Page or Reference 202107090514 Verification Melissa Johnson, broker
Acres 2.98 Zoning CC
Land SF 129,800 Zoning Type Mixed Use
Shape Irregular Flood Zone No
Utilities At property Encumbrance or None
Topography Level Environmental Issues None
Land Comparable 2
Comments
Site
Transaction
Sale of vacant land located behind Bartell Drugs. It includes parcel #s 3105110040700 and
31051100304000. The buyer paid full price at $1,500,000 and plans the Reserve at Arlington, a four-story
affordable senior apartment building. It will contain 150 units. It went pending in January of 2019 and they
applied for 150 units at that time (SEPA #201904134). The property contains 190,793 square feet, but there
are two narrow strips that are unusable as well the area around Portage Creek at the northern boundary (Refer
to BLA #201402215006). The usable area is 129,300 square feet. The property was listed for sale in
NWMLS. Within the CC zone the property usable area is 77% T4F and 23% T4N SV.
Christian Missionary Alliance Property Gustafson & Associates 82
ID 16628 Date 3/10/2020
Address 18005 Smokey Point Blvd Price $585,000
City Arlington Analysis Price $585,000
State WA Transaction Type Closed Sale
Tax ID 31052100201500 Price per Land SF $9.26
Grantor Cheryl Pittenger et al Price per Land Unit --
Grantee Smokey Point Village Property Rights Fee Simple
Financing Seller Days on Market 36
Book/Page or Reference 202003040240 Verification NWMLS
Acres 1.45 Zoning CC
Land SF 63,162 Zoning Type Commercial Corridor
Shape Rectangular Flood Zone No
Utilities At property Encumbrance or None
Topography Level Environmental Issues None
Land Comparable 3
The property went under contract after a month on the market and sold at asking price after 2.5 months in
escrow. The site is level and 100% usable. The house on the property is hooked up to a septic tank and
drainfield, but the sewer line is located across Smokey Point Blvd. The buyer also purchased the identical site
adjacent to the south for the same price the next month in an off-market transaction. Within the CC zone the
property is 56% T4N SV and 44% T4 MS.
Site
Comments
Transaction
Christian Missionary Alliance Property Gustafson & Associates 83
ID 16373 Date 3/23/2021
Address 18405 35th Ave N Price $1,650,000
City Arlington Analysis Price $1,650,000
State WA Transaction Type Closed Sale
Tax ID See comments Price per Land SF $10.61
Grantor Multiple Price per Land Unit $17,188
Grantee Goldstream Venture Property Rights Fee Simple
Financing Cash Days on Market 370
Book/Page or Reference See comments Verification Jennifer Pretty, broker
Acres 3.57 Zoning CC
Land SF 155,509 Zoning Type Commerical Corridor
Shape Irregular Flood Zone No
Utilities In street Encumbrance or None
Topography Level Environmental Issues None
Comments
Parcel #31052100200100 was advertised for $650K in September 2018. It went pending in September of
2019 and sold in December of 2020 for $550K (AF#202012181118). The buyer, Goldstream Venture
Partners LLC purchased six additional parcels to the south for $1.1M in March of 2021
(AF#202103290416). This recent sale includes parcel #s 00729800000100 to 00729800000600. The
property will be developed into two phases, Phase 1 is 96 total units in three apartment buildings. Phase 2 is a
retail building with 6,250 square feet. Within the CC zone the site is 43% T4 MS and 57% T4N SV.
Site
Transaction
Land Comparable 4
Christian Missionary Alliance Property Gustafson & Associates 84
ID 16318 Date 6/19/2021
Address 18223 Smokey Point Blvd Price $1,500,000
City Arlington Analysis Price $1,500,000
State WA Transaction Type Pending Contract
Tax ID 31052100201800 Price per Land SF $10.22
Grantor Peter Poeschel et al Price per Land Unit --
Grantee N/A Property Rights Fee Simple
Financing N/A Days on Market 548
Book/Page or Reference Pending Verification Dave Nelson, broker
Acres 3.37 Zoning CC
Land SF 146,797 Zoning Type Commercial Corridor
Shape Rectangular Flood Zone No
Utilities At property Encumbrance or None
Topography Level Environmental Issues None
Land Comparable 5
Site
Transaction
The property was listed for sale at $1.5M in June of 2018, and it went pending in December of 2019 at the
asking price. According to the broker the sale will close in August of 2021. It is zoned CC with a split T4MS
(43%) and T4NSV (57%) designation allowing for multifamily, but there must be a small commercial
component along the road. The site is level with no known wetlands. The property fronts on Smokey Point
Blvd NE. There is an existing tenant-owned mobile home on the back of the property.
Comments
Christian Missionary Alliance Property Gustafson & Associates 85
Comparables Map
Christian Missionary Alliance Property Gustafson & Associates 86
Analysis Grid
The above sales have been analyzed and compared with the subject property. I have
considered adjustments in all areas. On the following page is a sales comparison grid
displaying the subject property, the comparables, and the adjustments.
Address
City
Transaction Type
Date
Price
Land SF
Land SF Unit Price
Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%
Financing Cash 0.0%Cash 0.0%Seller -0.7%Cash 0.0%N/A 0.0%
Conditions of Sale Normal 0.0%Normal 0.0%Normal 0.0%Normal 0.0%N/A 0.0%
Market Trends Through 8/9/2021 6.0%
Extra Costs
% Adjustment
$ Adjustment
Location
Utilities
Entitlements/Site
Size of Investment
Topography
Shape/Corner
Zoning
Miscellaneous
Net Adjustments
Gross Adjustments
Net Qualitative Adj.
++
--Sim Sim Sim
0.8%
Sim Sim
Sim
$10.22
Sim
Sim
Sim
18223 Smokey
Point Blvd NEArlington
3/23/2021
Closed Sale
$1,585,000
3/10/2020
0.5%
$0.30
Sim
Demo
146,797
--
7/9/20218/9/2021 2/22/2021
$1,500,000
0.0%
$10.85
Demo
$0.05
$10.61
155,509
Conventional
Fee Simple
$1,650,000
$10.61
+
Sim
$10.22
Pending
Contract
Sim
6/19/2021
$1,500,000
Demo
Sim
Sim Sim
0.5%
$11.61
Sim
$0.00 $0.13
Sim
$0.00
1.3%
$9.99
$585,000
Comp 3
Sim Sim
0.0%
Comp 4 Comp 5Land Analysis Grid Comp 1
78,500
$13.38
Closed Sale
12125 State
Ave
7423 204th St
NEMarysville
129,800
Comp 2
$11.56
Average
None
At property
Sim
--
Medium
0.0%
SimSim
Level Sim Sim
Rectangular/Yes
CC-T4MS-NSV
None
Sim Sim
8.6%
17801 Smokey
Point Boulevard
Closed Sale
$9.20
Cash
Arlington Arlington
Closed Sale
$9.26
63,162
Transaction Adjustments
118,458
Arlington Arlington
18005 Smokey
Point Blvd
18405 35th Ave
N
Adjusted Land SF Unit Price $13.74
None None
$11.56Adjusted Land SF Unit Price $13.38
2.7%
None
0.5%
$10.30
0.0%2.7%
2.2%
Adjusted Land SF Unit Price $10.12
Sim
Sim
$13.74 $11.14$11.61
Sim
2.7%
2.7%
Sim
1.3%
0.0%1.3%
+---
0.0%0.5%
$10.35
Sim
Sim
Sim Sim
Sim
Sim +
Christian Missionary Alliance Property Gustafson & Associates 87
Comparable Land Sale Adjustments
Property Rights
No adjustments were appropriate.
Financing
Comp 2 was seller financed. The buyer avoided paying points so a small adjustment
was appropriate.
Conditions of Sale
No adjustments were required. No short sales were noted.
Economic Trends
The multifamily market has improved over the past couple of years with rising rents
and cap rates are very low for multifamily properties. Development of multifamily is
prevalent and developers are interested in multifamily sites in the City of Arlington. We
analyzed land sales in Arlington/Marysville. The trendline shows an increase of
approximately 10% per year, but the variance is substantial.
We conservatively estimate 6% per year.
Extra Costs
This takes into account extraordinary costs to development. Comps 3 and 5 have
typical demolition costs. Comp 4 has substantial demo costs with numerous buildings
that will have to be removed.
y = 0.0027x -107.12
$0.00
$5.00
$10.00
$15.00
$20.00
$25.00
No
v
-
1
0
Ap
r
-
1
2
Au
g
-
1
3
De
c
-
1
4
Ma
y
-
1
6
Se
p
-
1
7
Fe
b
-
1
9
Ju
n
-
2
0
Oc
t
-
2
1
Ma
r
-
2
3
Price Per Land SF
Christian Missionary Alliance Property Gustafson & Associates 88
Qualitative Adjustments
Location
No Adjustments were appropriate.
Utilities
No Adjustments were appropriate. All utilities are at or near the property.
Entitlements/Site Improvements
Comp 1 is near shovel ready for a large apartment building with some parking already
completed.
Size of Investment
No adjustments were appropriate.
Topography
No adjustments were appropriate.
Shape/Corner
No adjustments were appropriate. The subject property is a corner site, which would
allow direct access to the multifamily units in the back of the property, but the frontage
improvements are not complete along Smokey Point Boulevard or 178th Place NE. the
cost will be substantial to complete the frontage improvements so being on a corner for
this property is not a superior characteristic.
Zoning
Comp 1 has a zoning that allows more units per acre. Comp 2 is primarily T4F, which
allows more units per acre. It is superior to the subject property.
Miscellaneous
Comps 2, 4, and 5 had a long escrow period. The contract date was substantially earlier
than the closing date so land values have gone up during that time.
Floor T4N SV T4 MS T4F
Subject 50%50%
Comp 1 NA NA NA
Comp 2 23%77%
Comp 3 56%44%
Comp 4 57%43%
Comp 5 57%43%
Zoning Breakdown
Christian Missionary Alliance Property Gustafson & Associates 89
Land Valuation Conclusion
The four sales on an adjusted basis ranged from $10.12 to $13.74 per square foot on an
adjusted basis. Further qualitative adjustments show that Comp 1 is definitely superior to
the subject property. This is located in a different jurisdiction with a different zoning
designation. The remaining comps range from $10.12 to $11.61 per square foot. Comp 3
at $10.12 per square foot is the low extreme. The buyer had to get into an agreement to
buy the neighboring property to make this project feasible. The site on its own is very
narrow. This is a low indicator for the subject property. Comp 5 at $10.35 per square foot
is inferior to the subject property on a qualitative basis. Comps 2 and 4 at $11.14 to
$11.61 per square foot are reasonable indicators for the subject property. The subject
property is well justified at $11.25 per square foot.
The value indications have been considered and comparables have been given most
weight in arriving at my final reconciled value of $11.25 per square foot.
Number of Comparables:5 % Δ
9%
3%
4%
$10.61 5%
$10.61 $1,500,000.00 land sf
Eight Hundred Eighty Five Thousand Dollars
Subject Size:
$11.25
Reconciled Final Value:
$883,125
78,500
Reconciled Value/Unit Value:
Indicated Value:
$885,000
$13.38
$11.01
Median:$11.14
High:
$10.12
Average:$11.39
Land Value Ranges & Reconciled Value
Low:
$13.74
Unadjusted Adjusted
$9.26
Christian Missionary Alliance Property Gustafson & Associates 90
Value Conclusion
Weight is given to both approaches to value. I have reconciled to the following value
conclusion(s), as of August 9, 2021, subject to the Limiting Conditions and Assumptions
of this appraisal.
Reconciled Value(s): Premise: As Is
Interest: Fee Simple
Value Conclusion: $885,000
Eight Hundred Eighty Five Thousand Dollars
Christian Missionary Alliance Property Gustafson & Associates 91
Certification of Appraiser
I certify that, to the best of my knowledge and belief:
− The statements of fact contained in this report are true and correct.
− The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
− I have no present or prospective interest in the property that is the subject of this
report and no personal interest with respect to the parties involved.
− I have performed no services, as an appraiser or in any other capacity, regarding
the property that is the subject of this report within the three-year period
immediately preceding acceptance of this assignment.
− I have no bias with respect to the property, that is the subject of this report, or to the
parties involved with this assignment.
− My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
− My compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a stipulated
result, or the occurrence of a subsequent event directly related to the intended use of
this appraisal.
− My analyses, opinions, and conclusions were developed and this report has been
prepared in conformity with the Uniform Standards of Professional Appraisal
Practice.
− I have made a personal inspection of the property that is the subject of this report.
− No one provided significant real property appraisal assistance to the person signing
this certification.
− The reported analyses, opinions, and conclusions were developed and this report has
been prepared in conformity with the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute.
− The use of this report is subject to the requirements of the Appraisal Institute relating
to review by its duly authorized representatives.
− As of the date of this report, I, Braden Gustafson, have completed the continuing
education program for Designated Members of the Appraisal Institute.
Braden Gustafson, MAI
Certification #1101684 (Expires 02/17/23)
Christian Missionary Alliance Property Gustafson & Associates 92
ADDENDA
Christian Missionary Alliance Property Gustafson & Associates 93
Purchase Contract
Christian Missionary Alliance Property Gustafson & Associates 94
Christian Missionary Alliance Property Gustafson & Associates 95
Glossary
This glossary contains the definitions of common words and phrases, used throughout the
appraisal industry, as applied within this document. Please refer to the publications listed
in the Works Cited section below for more information.
Works Cited:
▪ Appraisal Institute. The Appraisal of Real Estate. 13th ed. Chicago: Appraisal
Institute, 2008. Print.
▪ Appraisal Institute. The Dictionary of Real Estate Appraisal. 5th ed. 2010. Print.
Band of Investment
A technique in which the capitalization rates attributable to components of a capital
investment are weighted and combined to derive a weighted-average rate attributable to
the total investment. (Dictionary, 5th Edition)
Common Area
1. The total area within a property that is not designed for sale or rental but is available
for common use by all owners, tenants, or their invitees, e.g., parking and its
appurtenances, malls, sidewalks, landscaped areas, recreation areas, public toilets,
truck and service facilities.
2. In a shopping center, the walkways and areas onto which the stores face and which
conduct the flow of customer traffic. (ICSC) (Dictionary, 5th Edition)
Common Area Maintenance (CAM)
1. The expense of operating and maintaining common areas; may or may not include
management charges and usually does not include capital expenditures on tenant
improvements or other improvements to the property.
• CAM can be a line-item expense for a group of items that can include maintenance
of the parking lot and landscaped areas and sometimes the exterior walls of the
buildings.
• CAM can refer to all operating expenses.
• CAM can refer to the reimbursement by the tenant to the landlord for all expenses
reimbursable under the lease. Sometimes reimbursements have what is called an
administrative load. An example would be a 15% addition to total operating
expenses, which are then prorated among tenants. The administrative load, also
called an administrative and marketing fee, can be a substitute for or an addition to
a management fee.
2. The amount of money charged to tenants for their shares of maintaining a center’s
common area. The charge that a tenant pays for shared services and facilities such as
electricity, security, and maintenance of parking lots. The area maintained in common
by all tenants, such as parking lots and common passages. The area is often defined in
the lease and may or may not include all physical area to be paid for by all tenants.
Items charged to common area maintenance may include cleaning services, parking lot
Christian Missionary Alliance Property Gustafson & Associates 96
sweeping and maintenances, snow removal, security, and upkeep. (ICSC) (Dictionary,
5th Edition)
Debt Coverage Ratio (DCR)
The ratio of net operating income to annual debt service (DCR = NOI/Im), which measures
the relative ability of a property to meet its debt service out of net operating income; also
called debt service coverage ratio (DSCR). A larger DCR indicates a greater ability for a
property to withstand a downturn in revenue, providing an improved safety margin for a
lender. (Dictionary, 5th Edition)
Discount Rate
A yield rate used to convert future payments or receipts into present value; usually
considered to be a synonym for yield rate. (Dictionary, 5th Edition)
Effective Age
The age of property that is based on the amount of observed deterioration and obsolescence
it has sustained, which may be different from its chronological age. (Dictionary, 5th
Edition)
Effective Date
1.The date on which the analyses, opinion, and advice in an appraisal, review, or
consulting service apply.
2.In a lease document, the date upon which the lease goes into effect. (Dictionary, 5th
Edition)
Exposure Time
1.The time a property remains on the market.
2.The estimated length of time the property interest being appraised would have been
offered on the market prior to the hypothetical consummation of a sale at market value
on the effective date of the appraisal; a retrospective estimate based on an analysis of
past events assuming a competitive and open market. (Dictionary, 5th Edition)
External Obsolescence
An element of depreciation; a diminution in value caused by negative externalities and
generally incurable on the part of the owner, landlord, tenant. (Dictionary, 5th Edition)
Extraordinary Assumption
An assignment specific assumption as of the effective date regarding uncertain information
used in an analysis, which, if found to be false, could alter the appraiser’s opinions or
conclusions. (USPAP, 2018-2019 ed.)
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the
limitations imposed by the governmental powers of taxation, eminent domain, police
power, and escheat. (Dictionary, 5th Edition)
Christian Missionary Alliance Property Gustafson & Associates 97
Functional Obsolescence
The impairment of functional capacity of a property according to market tastes and
standards. (Dictionary, 5th Edition)
Functional Utility
The ability of a property or building to be useful and o perform the function for which it is
intended according to current market tastes and standards; the efficiency of a building’s
use in terms of architectural style, design and layout, traffic patterns, and the size and type
of rooms. (The Appraisal of Real Estate, 13th Edition)
Gross Building Area (GBA)
Total floor area of a building, excluding unenclosed areas, measured from the exterior of
the walls of the above-grade area. This includes mezzanines and basements if and when
typically included in the region. (Dictionary, 5th Edition)
Gross Leasable Area (GLA)
Total floor area designed for the occupancy and exclusive use of tenants, including
basements and mezzanines; measured from the center of joint partitioning to the outside
wall surfaces. (Dictionary, 5th Edition)
Highest & Best Use
The reasonably probable and legal use of vacant land or an improved property that is
physically possible, appropriately supported, financially feasible, and that results in the
highest value. The four criteria the highest and best use must meet are legal permissibility,
physical possibility, financial feasibility, and maximum productivity. Alternatively, the
probable use of land or improved property—specific with respect to the user and timing of
the use—that is adequately supported and results in the highest present value. (Dictionary,
5th Edition)
Highest and Best Use of Land or a Site as Though Vacant
Among all reasonable, alternative uses, the use that yields the highest present land value,
after payments are made for labor, capital, and coordination. The use of a property based
on the assumption that the parcel of land is vacant or can be made vacant by demolishing
any improvements. (Dictionary, 5th Edition)
Highest and Best Use of Property as Improved
The use that should be made of a property as it exists. An existing improvement should be
renovated or retained as is so long as it continues to contribute to the total market value of
the property, or until the return from a new improvement would more than offset the cost
of demolishing the existing building and constructing a new one. (Dictionary, 5th Edition)
Hypothetical Condition
A condition, directly related to a specific assignment, which is contrary to what is known
by the appraiser to exist on the effective date of the assignment results, but is used for the
purpose of analysis. (USPAP, 2018-2019 ed.)
Leased Fee Interest
Christian Missionary Alliance Property Gustafson & Associates 98
A freehold (ownership interest) where the possessory interest has been granted to another
party by creation of a contractual landlord-tenant relationship (i.e., a lease). (Dictionary,
5th Edition)
Market Area
The area associated with a subject property that contains its direct competition. (Dictionary,
5th Edition)
Market Rent
The most probably rent that a property should bring is a competitive and open market
reflecting all conditions and restrictions of the lease agreement, including permitted uses,
use restrictions, expense obligations, term, concessions, renewal and purchase options, and
tenant improvements (TIs). (Dictionary, 5th Edition)
Market Value
As defined by the Office of the Comptroller of Currency (OCC) under 12 CFR, Part 34,
Subpart C-Appraisals, 34.42 Definitions, the Board of Governors of the Federal Reserve
System (FRS) and the Federal Deposit Insurance Corporation in compliance with Title XI
of FIRREA, as well as by the Uniform Standards of Appraisal Practice as promulgated by
the Appraisal Foundation, is as follows.
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby,
1. Buyer and seller are typically motivated;
2. Both parties are will informed or well advised, and acting in what they consider their
own best interest;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
Marketing Time
An opinion of the amount of time it might take to sell a real or personal property interest
at the concluded market value level during the period immediately after the effective date
of the appraisal. Marketing time differs from exposure time, which is always presumed to
precede the effective date of an appraisal. (Advisory Opinion 7 of the Standards Board of
The Appraisal Foundation and Statement on Appraisal Standards No. 6, “Reasonable
Exposure Time in Real Property and Personal Property Market Value Opinions” address
the determination of reasonable exposure and marketing time). (Dictionary, 5th Edition)
Christian Missionary Alliance Property Gustafson & Associates 99
Net Operating Income (NOI)
The actual or anticipated net income that remains after all operating expenses are deducted
from effective gross income but before mortgage debt service and book depreciation are
deducted. (Dictionary, 5th Edition)
Obsolescence
One cause of depreciation; an impairment of desirability and usefulness caused by new
inventions, changes in design, improved processes for production, or external factors that
make a property less desirable and valuable for a continued use; may be either functional
or external. (Dictionary, 5th Edition)
Parking Ratio
A ratio of parking area or parking spaces to an economic or physical unit of comparison.
Minimum required parking ratios of various land uses are often stated in zoning ordinances.
(Dictionary, 5th Edition)
Rentable Area
For office buildings, the tenant’s pro rata portion of the entire office floor, excluding
elements of the building that penetrate through the floor to the areas below. The rentable
area of a floor is computed by measuring to the inside finished surface of the dominant
portion of the permanent building walls, excluding any major vertical penetrations of the
floor. Alternatively, the amount of space on which the rent is based; calculated according
to local practice. (Dictionary, 5th Edition)
Replacement Cost
The estimated cost to construct, at current prices as of the effective appraisal date, a
substitute for the building being appraised, using modern materials and current standards,
design, and layout. (Dictionary, 5th Edition)
Scope of Work
The type and extent of research and analyses in an assignment. (Dictionary, 5th Edition)
Stabilized Occupancy
An expression of the expected occupancy of a property in its particular market considering
current and forecasted supply and demand, assuming it is priced at market rent.
(Dictionary, 5th Edition)
Tenant Improvements (TIs)
1.Fixed improvements to the land or structures installed and paid for use by a lessee.
2.The original installation of finished tenant space in a construction project; subject to
periodic change for succeeding tenants. (Dictionary, 5th Edition)
Vacancy and Collection Loss
A deduction from potential gross income (PGI) made to reflect income reductions due to
vacancies, tenant turnover, and non-payment of rent; also called vacancy and credit loss or
vacancy and contingency loss. Often vacancy and collection loss is expressed as a
Christian Missionary Alliance Property Gustafson & Associates 100
percentage of potential gross income and should reflect the competitive market. Its
treatment can differ according to the interest being appraised, property type, capitalization
method, and whether the property is at stabilized occupancy. (Dictionary, 5th Edition)
State License/Certification
Christian Missionary Alliance Property Gustafson & Associates 101
1255 Barkley Blvd Ste 107, Bellingham, WA 98226•360-733-8101•braden@gusappraisers.com
Braden Gustafson, MAI
Experience
2003-Present Gustafson & Associates Bellingham, WA
Everett, WA
Lynnwood, WA
Commercial Appraiser
•In 2006 opened branch in Everett, WA responsible for Snohomish County commercial market.
•In 2020 moved to our Bellingham office and still oversee the Snohomish County branch.
Education
1996-2001 University of Washington Seattle, WA
Mechanical Engineering, BS
Appraisal Courses
Appraisal Institute Courses
Appraisal Procedures
Standards of Professional Appraisal Practice
Standards of Business Ethics
Advanced Sales Comparison and Cost Approaches
Commercial Real Estate Forecast
Advanced Income Capitalization
Narrative Writing
Market Analysis & Highest and Best Use
Evaluating Commercial Construction
USPAP Update (Jan 2020)
Appraisal Courses and Seminars
Allied Appraisal – Intro. to Real Estate Appraisal
Mykut – What’s It Worth
Mykut – Real Estate Law
Mykut – USPAP (update)
Earth Advantage – Appraising Green Homes
Appraisal Institute - Small Hotel/Motel Valuation
Appraisal Institute - Hotel Valuation Topics
Appraisal Institute – 2014-20 Fall RE Conference
Appraisal Institute – 2018 National Conference
Clientele
Coastal Community Bank
US Bank
Fidelity National Title
Glacier Properties LLC
Snohomish Health District
Whidbey Island Public Hosp
Pavia Systems
Rick Steves Europe
Peoples Bank
UniBank
Mountain Pacific Bank
Lake Stevens Fire Dept
Peoples Bank
Work Force Development
NorthCoast CU
City of Marysville
ExxonMobil
City of Lake Stevens
Birch Equipment
Elliott & Co
Cocoon House
Marysville School District
Pine Forest Properties
PepsiCo
Professional Affiliations/Miscellaneous
Appraisal Institute
Current Designated MAI Member
Former Member - Finance Committee (Seattle AI)
Past AI Regional Representative (Region1)
Advisor to Numerous AI Candidates
Expert Witness Testimony
US Bankruptcy Court
Snohomish County Superior Court
Skagit County Superior Court
King County Superior Court
State of Washington DOL
General Certified State License #1101684
Other
Former Advisory Board Member at Ahmsa
Youth Soccer & Basketball Coach
Parcel 31052100302300
1.8 Acres±City of Arlington
Date:
File:
Cartographer:
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or
implied, including but not limited to warranties of suitability for a particular purpose or use. Map
data are compiled from a variety of sources which may contain errors and users who rely upon the
information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of
Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or
correctness of the data, or the use of the data presented in the maps.
Scale:
EngineeringProjects
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LEGEND
TRELLIS GATEWAY WITH INTEGRAL
PARK SIGN
PLAZA WITH SEATING AND SHADE SAILS
GREAT LAWN
PLAZA
PLAZA
178TH PL NE
MEDIAN
TRAFFIC LANE
MEDIAN
BIKE LANE
R.O
.W.
PROPERTY LINE
PARK SIGN
Concept
ENTRY PILLAR/SCULPTURE
COVERED PERFORMANCE STAGE
AGE 5-12 PLAYGROUND
17 LOADING AREA/FOOD TRUCK PARKING
13 CONCRETE SIDEWALK
WATER FEATURE WITH TWIN “SMOKE STACK”
CASCADING WATER COLUMNS
BIKE RACKS
AGE 2-5 PLAYGROUND
RESTROOM BUILDING
90 DEGREE PARKING
SYNTHETIC TURF PLAY MOUND
SHADE TRELLIS
15 BACK-IN ANGLE PARKING
SEAT WALLS
RESTROOM/CONCESSION BUILDING
SMOKEY POINT PARK -CONCEPT PLAN
SMOKEY POINT BLVD. AND 178TH PL NE
34
1
1
15
5 6 6
7
3
8
17
11
16
9A9B
10
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12
13
13
16
R.O.W.
ALLEY
2
•The park concept is based on two key local historical places of
interest: Nearby Rex’s Corner, location of the Smoky Point Cafe,
for which the local community is named; and the old oval horse
track for which the local Pony Estates neighborhood is named.
•Rex’s Corner was one of several named “corners” in Snohomish
County and was a key rest stop for road trips in the 1920’s -
1960’s with its restaurant, tavern and gas station. The plaza entry
trellises and rectilinear layout with several corners hearken back
to the original Rex’s corner architecture and establish a strong
corner visually.
•A twin vertical ‘smoke stack’ water feature in the plaza with wa-
ter flowing out the top of each column recalls the Smoky Point
Cafe with its chimneys and the barbecue smoke they sent out.
•The plaza ‘back yard’ provides opportunities for recreation and
special events and recalls how Rex loved sports and allowed 10-
acre property behind his restaurant to be converted to a baseball
field.
•The more formal oval layout of the “Great Lawn” and
perimeter walking path recall the now vanished oval
horse track. The covered performance stage with its
adjacent berm and formal arc of trees provides a formal
focal point for this large gathering and activity space
and a backdrop for the entry plaza.
•Additional gathering and activity spaces including shaded
picnic plaza, playground, and restroom/concession building
anchor the east end of the park.
•50 total parking stalls (48 standard + 2 disabled)
September 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/7/21 9/20/21
5th Monday Meetings
Joint Meetings with City Cemetery
Regional Government
Meetings Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation 9/28/21
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Debora Nelson Date: September 30, 2021
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
Parks - Community
Infrastructure 9/9/21
9/29/21
NOTES:
September 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/7/21
5th Monday Meetings
Joint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Planning Commision Meeting 9/7/21
Meet with Barb & Paul
LEOFF 1 Board Meeting 9/15/21
Audit Entrance Meeting 9/7/21
Date Date Date Date Date Date Date Date
Association of Washington
Cities 9/14/21
Community Transit
Economic Alliance Snohomish
County 8/31/21 9/14/21
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities 9/14/21
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date 4 Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Don Vanney Date: 9/28.2021
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
Remembering 9/11 9/11/21
9/8: Smart Growth Webinar, The Role of Community and Faith-Based Organizations in Leading Change
9/9: Smart Growth Webinar, Parks as Community Infrastucture During and Beyond the Pandemic: Building Trust to
Advance Equity.
9/14: NLC Webinar, Municiple Employee Vaccine Mandate Webinar
9/14: AWC Webinar, Small Cell Sitting & FCC Updates
October 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/7/21 9/20/21
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 9/20/21
Meet with Mayor, Administrator 9/10/21 9/15/21 9/28/21
Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
address issues with Legislature,
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Heather Logan Date: 10/04/2021
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
September 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/7/21 9/13/21 9/27/21
Council Meetings 9/20/21
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting
Regional Government
Meetings Date Date Date Date Date Date Date Date
Association of Washington
Community Transit 9/2/21 Board 9/8/21 Transit Executive
9/21/21 Audit
9/9/21 Transit
Puget Sound Regional Council 9/9/21 Project
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
National Night Out
Monthly Elected Official Strategic Report Due on 5th of month
Jan Schuette 9/1/2021
MONTH YEAR
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/7/21 9/20/21
5th Monday Meetings
Joint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 9/10/21 9/28/21 9/21/21 9/20/21
Other 9/14/21 9/29/21
Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Marilyn Oertle Date: September 30, 2021
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
MONTH Sept 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/7/21 9/20/21
Planning Commission - Meeting
via zoom on 9/21 9/7/21
LEOFF 1 Disability Board 9/15/21
Liaison Meeting - Airport 9/14/21
Audit Entrance Conference -
City 9/7/21
Date Date Date Date Date Date Date Date
Association of Washington
Cities- Legislatative Priorities
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report
Name: Michele Blythe Date: September
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
9/11 Remembrance - Fire
Station 9/11/21
Conferences & Training Date Date Date Date Date Date Date Date
NOTES:
9/2/21 -SnoCo County on Aging (COA) Senior Centers
9/14/21-SnoCo County on Aging (COA) Area Plan Update
9/22/21 -SnoCo County on Aging (COA) Monthly Meeting
SEPT 2021
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 9/13/21 9/27/21
Council Meetings 9/20/21
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 9/23/21
Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County 9/21/21
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
address issues with Legislature,
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
Monthly Elected Official Strategic Report Due on 5th of month
Name: Mike Hopson Date: October 4, 2021
Conferences & Training Date Date Date Date Date Date Date Date
DEPT. of Commerce 9/28/21
NOTES: