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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
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
ATTACHMENT A
ATTACHMENT B
1.Minutes of the October 2 Council retreat, and October 4 a nd
October 11, 2021 Council meetings
2.Accounts Payable:
Approval of EFT Payments Petty Cash Check #2007 and Claims Checks
#103857 through #103987 dated October 5, 2021 through October 18, 2021
for $2,348,355.17; and Approval of Payroll EFT Payments and Checks
#30118 through #30124 dated September 1, 2021 through Se ptember 30, 2021
for $1,165,889.68
3.Dedication of Right of Way for 173rd Pla ce NE
4.Dedication of Right of Way for Smokey Point Boulevard ATTACHMENT C
Arlington City Council Meeting
Monday, October 18, 2021 at 7:00 pm
PUBLIC HEARING
NEW BUSINESS
1. Appointment to PARC Commission ATTACHMENT D
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
2. Appointment to Youth Council ATTACHMENT E
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
3. Resolution Requesting the Washington Legislature Provide ATTACHMENT F
Clarification of Legislative Intent in Law Enforcement Related Bills
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jan Schuette
4. Contract Approval for Capital Facilities Needs Assessment ATTACHMENT G
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Jan Schuette
5. Revisions to Arlington Municipal Code Chapter 3.98 regarding ATTACHMENT H
Property Tax Exemption for the Cascade Industrial Center
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
6. Ordinance Amending Title 20 of the Arlington Municipal Code ATTACHMENT I
Addressing Engrossed Substitute House Bill 1220
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
DRAFT
Page 1 of 3
Saturday, October 2, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Michele Blythe, and Heather Logan.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Jonathan Ventura, Kristin Garcia, Sarah Lopez, James Trefry, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Eight YouTube viewers.
Mayor Barb Tolbert called the meeting to order at 9:00 am, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
DISCUSSION ITEMS – NO ACTION WAS TAKEN Mayor Tolbert welcomed everyone and introduced City Attorney Steve Peiffle, who acted as retreat facilitator. Mr. Peiffle provided ground rules of today’s discussion with an overview of the agenda, regarding the police department’s five-year plan, including policing, funding, staffing, budget, including new legislative changes. Mr. Peiffle then introduced City Administrator Paul Ellis.
Police Department Five-Year Plan City Administrator Paul Ellis greeted everyone, and stated that the information to be covered was included in the notebooks distributed earlier in the week. Mr. Ellis began reviewing the PowerPoint presentation, beginning with the department’s 2018 goals and 2022 overall goals. • Improve quality of life • Strengthen community partnerships • Improve public perception • Provide exceptional law enforcement services
Minutes of the Arlington
City Council Zoom Retreat
Minutes of the City of Arlington City Council Workshop October 2, 2021
Page 2 of 3
Mr. Ellis reviewed current operations, including a brief review of the effects of 2021 Legislative Police Reform. Mr. Ellis then introduced Chief Jonathan Ventura. Chief Ventura spoke of the difference between proactive and reactive policing, and the public’s perception of police patrol versus reality. He then continued reviewing the PowerPoint presentation, beginning with Council’s priorities from 2018, and 2021 Legislative Police Reform, with the top five items that are affecting Arlington police department. He expanded on each of the five following areas. • Less Lethal Tactics • Pursuits • Reasonable Suspicion / Probable Cause • Use of Force/ Mental Health • Recording of Interviews Discussion followed with Chief Ventura and Mr. Ellis answering Council questions. After a break at 10:22, discussion resumed at 10:31, with Chief Ventura discussing additional challenges the department is facing: • Minimum staffing (three) • Currently occurs 25.42% of time, would need four to reach 100% • FMLA, military leave, injury, academy, sick leave, vacation • Response times • Approaching seven minutes • Non-emergency call response can take up to several hours. • Calls For Service (CFS) per officer • #2 in Snohomish County for calls per officer • Community police model recommends 66% of officer time proactive • APD currently at 39% proactive • Reporting, Training, Supervision to meet requirements of Legislative Reform (Add lieutenant position) Discussion followed with Chief Ventura and Mr. Ellis answering Council questions. Mr. Ellis continued the presentation with three scenarios of staffing models outlining revenues and expenses, for Police, IT, and Maintenance and Operations. These scenarios were created for Council to discuss and determine what they would like to see accomplished in the future. Discussion followed with Mr. Ellis and Chief Ventura answering Council questions.
City Administrator Paul Ellis concluded the PowerPoint presentation with a discussion regarding the following Action Items for 2022: • Systems Administration II (IT) • Promotion to Lieutenant (PD) • Body Cameras and Tasers (PD) • Evidence/ PIO Tech (PD) And not listed above is the proposed Community Resource Officer position to be converted to Patrol Officer. Lateral police positions and signing bonuses were also discussed.
Minutes of the City of Arlington City Council Workshop October 2, 2021
Page 3 of 3
Councilmembers gave a thumbs up for staff to proceed with 2022 Budget Amendments, as described above. Chief Ventura discussed traffic issues reported in the City, and stated that the department has invested heavily in technology to best use their resources, with lighted signage, and technology to obtain data to identify problems and direct resources for public safety. Chief Ventura patrols and performs traffic enforcement himself on Wednesdays. Mr. Ellis spoke about two areas that assist with traffic control – education and enforcement. He has been working with Police and Public Works to address the traffic issues. Mr. Ellis proposed to Council that in the 2022 budget amendments, he include an amendment using construction sales tax to dedicate $60,000 of capital funding for traffic education to purchase a radar trailer and signage. He would then contact Public Works for locations where those would be most beneficial. All councilmembers gave a thumbs up to proceed. City Administrator Paul Ellis spoke of the future of policing, which includes social services. He stated that Arlington has five different social services programs that are at different levels of implementation, with a total annual expenditure of $661,030, with funding mostly of grant money. Reporting the status of these programs to Council will become a priority in the future.
Other Budgetary Matters A memo from Mr. Ellis regarding the Transportation Benefit District (TBD) was included to Council for discussion. The Transportation Benefit District is approaching renewal. The TBD was put into place in 2013. To continue in 2024, it will need to be brought to the voters on the February or August 2023 ballot. Discussion followed with Mr. Ellis answering Council questions. A report outlining TBD accomplishments will be coming in the future for discussion.
ADJOURNMENT The retreat was adjourned at 12:18 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
October 4, 2021
Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, Heather Logan, Don Vanney and Mike Hopson.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Six YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the September 20 and September 27, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments, Petty Cash Checks #2005 through #2006, and Claims Checks #103777 through #103856 dated September 21, 2021 through October 4, 2021 for $567,957.12.
PUBLIC HEARING None.
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting October 4, 2021
Page 2 of 3
NEW BUSINESS
Fire Station 48 Change Order #3 City Administrator Paul Ellis requested Council approve Change Order #3 for Fire Station 48. Change Order #3 addresses unforeseen items that were encountered during construction, as highlighted on the Change Order Proposal log. The total of all changes in Change Order #3 is $86,875.90. These funds will be taken from the project contingency at 10% of the construction cost. Councilmember Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve Change Order #3 for Fire Station 48. The motion passed unanimously.
Department of Commerce Grant Application for Transit-Oriented Development
Implementation (TODI) Community and Economic Development Director Marc Hayes requested Council authorization for the Department of Commerce Grant Application for Transit-Oriented Development Implementation (TODI). The Department of Commerce is offering grant funding for professional planning services related to Transit-Oriented Development Implementation (TODI). With the upcoming implementation of Community Transit’s Bus Rapid Transit route (Gold Line), this makes the City eligible to apply for the TODI grant, up to $250,000.00. Two action items are being proposed in the Scope of Work, consisting of a Subarea Plan, and a Planned Action, for 2.23 miles of Smokey Point Boulevard, beginning at our southern city limits and extending northward to the intersection with 200th St. NE. The subarea plan will address existing conditions, analysis of housing and affordability, including low income and workforce housing, long term viability of the proposed mixed-use businesses, open space needs, walkability/connectivity of the corridor, and future infrastructure demands. The Planned Action process conducts analysis of and provides an Environmental Impact Statement (EIS) of the entire planned action area. This provides for predictability and streamlining of permitting and development processes, because all environmental issues have been identified and addressed in advance, and do not require any additional processing under the State Environmental Policy Act (SEPA). Mayor Pro Tem Jan Schuette moved and Councilmember Don Vanney seconded the motion to authorize the Mayor to sign the resolution, and to sign the Department of Commerce grant application to develop a Sub-area Plan and Planned Action Ordinance, related to Transit Orientated Development Implementation on Smokey Point Boulevard. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Marilyn Oertle stated that Tom Beckwith, from Beckwith Consulting Group, spoke at the recent Parks, Arts, and Recreation Commission (PARC) meeting. The City of Arlington has hired Beckwith Consulting to update the City’s Parks and Recreation Master Plan. One of the first steps is to receive input from city residents. A postcard will be mailed to city residents this week with a link to take the online survey.
Minutes of the City of Arlington City Council Meeting October 4, 2021
Page 3 of 3
Councilmember Don Vanney requested an update regarding the purchase of Smokey Point Community Church property. Mr. Hayes provided an update, and stated that would be coming to Council as an agenda item at the October 11 workshop. Councilmember Vanney also praised the Arlington Community Resource Center (ACRC) for providing rental assistance for those impacted by COVID-19.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert spoke of Hispanic Heritage Month, and stated that Arlington’s proclamation was read by English and Spanish speaking students, and is online.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:21 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 4
Monday, October 11, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Michele Blythe, and Heather Logan.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Marc Hayes, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: 20 YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Contract Approval for Capital Facilities Needs Assessment Finance Director Kristin Garcia reviewed the contract with MENG Analysis for a Capital Facilities Needs Assessment .
Staff issued a request for proposals to do a capital facilities needs assessment on city owned buildings in order to determine long term capital and maintenance needs, and related costs, on those facilities. After review of the 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. The contingency is for additional work that might be relevant based on results of the energy study or if areas of deficiency are identified that might need further evaluation. Discussion followed with Ms. Garcia answering Council questions.
Revisions to Arlington Municipal Code Chapter 3.98 regarding Property Tax
Exemption for the Cascade Industrial Center Community and Economic Development Director Marc Hayes reviewed the ordinance reflecting amendments to Chapter 3.98 of the Arlington Municipal Code (AMC), related to Engrossed House Bill 1386.
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop October 11, 2021
Page 2 of 4
In 2015, the state legislature passed Senate Bill 5761, authorizing several cities in Western Washington to create tax incentives, in targeted areas, for the new construction of 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 modifications made by the legislature, and amends Chapter 3.98 AMC. Note: to date, only one business has applied for the tax exemption. Discussion followed with Mr. Hayes answering Council questions.
Ordinance Amending Title 20 of the Arlington Municipal Code Addressing Engrossed
Second Substitute House Bill 1220 Community and Economic Development Director Marc Hayes reviewed the ordinance adopting zoning regulations and amending Title 20 of the Arlington Municipal Code (AMC).
An ordinance adopting zoning regulations requiring Permanent Supportive Housing, Transitional Housing, Emergency Housing, and Emergency Shelters, through local planning and development regulations, in response to ESSHB 1220, and amending Title 20 AMC. This also amends the Permissible Use Table to reflect zoning changes that were adopted as a part of the 2020 docket.
Early in 2021, the state legislature enacted HB 1220, which requires cities planning under RCW 36.70A.040 (Growth Management) to allow transitional housing and permanent supportive housing in any zones in 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 the Planning Commission meeting, with no public opposition being presented. The Planning Commission voted unanimously to recommend the amendments to City Council for approval. Discussion followed with Mr. Hayes answering Council questions.
Dedication of Right of Way for 173rd Place NE Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. This dedication of a strip of real property for public Right of Way purposes, is for installation of frontage improvements on 173rd Pl. NE. 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
Minutes of the City of Arlington City Council Workshop October 11, 2021
Page 3 of 4
requirement of the Van Leuven Mixed Use building. Discussion followed with Mr. Hayes answering Council questions.
Dedication of Right of Way for Smokey Point Boulevard Community and Economic Development Director reviewed a dedication of real property for public right of way. This dedication of a strip of real property for public Right of Way purposes, is for installation of frontage improvements on Smokey Point Blvd. 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 Magnolia Place project. Discussion followed with Mr. Hayes answering Council questions.
Property Acquisition for Smokey Point Park Space Community and Economic Development Director Marc Hayes reviewed a possible property purchase for future Smokey Point Community Park Property. Mr. Hayes discussed the appraisal for the Christian Missionary Alliance Church parcel, with a review of correspondence with Smokey Point Community Church (SPCC) pastor/board members. 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 the church with any formal offer of purchase, and is waiting for their appraisal to be completed before doing so. Discussion followed with Mr. Hayes answering Council questions. York Park was briefly discussed with a majority of Councilmembers giving Mr. Hayes a thumbs up to return York Park rezone to the docket next year.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert stated that Arlington partners with Snohomish County yearly to use Real Estate Excise Tax (REET) funds for park improvements. Evans Field improvements were recently completed, and Snohomish County will be touring tomorrow. For next year, the City is requesting $50,000 in REET funds to accompany City funds for a shelter at Haller Park.
COMMENTS FROM COUNCILMEMBERS Councilmember Debora Nelson requested additional signage for traffic control. Mr. Ellis stated that Public Works and the Police are working on signage.
Minutes of the City of Arlington City Council Workshop October 11, 2021
Page 4 of 4
Councilmember Jan Schuette stated she is on the Puget Sound Regional Council (PSRC) Project Selection Committee for grants. There has been and will continue to be additional criteria for those grants that include safety on roadways. Those will be requirements for federal and state transportation money. Councilmember Mike Hopson acknowledged that today is Columbus Day and Indigenous Peoples Day. He would like Council to consider reading aloud the Statement of Land Acknowledgement after the pledge of allegiance at each Council workshop and meeting. Discussion followed. Mayor Tolbert requested Councilmember Hopson email the statement to Councilmembers, and encouraged Councilmembers to research this to discuss more thoroughly at a future workshop
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the Consent Agenda for the October 18, 2021 Council meeting: 4. Dedication of Right of Way for 173rd Place NE 5. Dedication of Right of Way for Smokey Point Boulevard
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:52 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
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: CA #4 Attachment C
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the 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: NB #1 Attachment D
COUNCIL MEETING DATE: October 18, 2021 SUBJECT: Appointment to Parks, Arts, and Recreation Commission (PARC) ATTACHMENTS: Redacted application of Rick Sloan DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Engagement Director 360-403-3448 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The interview committee, consisting of Marilyn Oertle, Brittany Kleinman (PARC), and Sarah Lopez, interviewed five applicants, and is recommending Rick Sloan for the unexpired term of Heather Logan April 1, 2019 - April 1, 2023.
Rick Sloan
Arlington Wa, 98223
✔
✔
✔
✔
2-24-2021
Looking to be a bigger part of my Arlington community, currently am President of my
community HOA, always looking to help out where I can
City of Arlington Council Agenda Bill Item: NB #2 Attachment E
8/25/2021
Mariska Lebahn
Arlington
10th
Arlington High School
Meera Lebahn
Brittany Kleinman
2021-2022
8/25/2021
M eera L ebahn
My nam e is M ariska Lebahn, I am a sophom ore at Arlington H igh S chool this year. D uring my
f reshm an year of online schooling, I remained in touch with the com munity by joining the District's
E quity and Diversity group. We met once a m onth as a group during the school year, but we are in
touch with each other outside the meetings during the normal year. In this group I contributed to the
E quity and Diversity plan which was presented to the district school board earlier this year.
S ince the beginning of my high school career I have and will continue to be a part of the drama club
as well as Aerie and Flight (as of this year) both of which meet on a daily basis.
In the 8th grade I was on the AS B council. In 7th grade I was presented with the S tudent of the
District Award by the Arlington Rotary. For all three years of my m iddle school career I was a
teacher's assistant. In m iddle school I was a part of C hess club, Robotics club, and M ath cub. In
elementary school I of ten helped with the special needs children and continued to do so until 8th
grade.
Outside of school I love to sing and play piano. I have been playing piano since I was 4 years old. I
have been singing since I was 4 as well and have been a part of various choirs such as the elem entary
choir, the m iddle school choir, and now the high school choirs. Outside of school I was apart of the
S eattle C hildren's C hoir f or 4 years.
While f inishing of f middle school and going into high school, I wanted to be more involved in the
community and volunteer, however due to C ovid that did not happen. I hope to join the AYC and
partake in those opportunities.
I have always aspired to leave the world a better place than when I entered it. Being apart of the AYC
would be a tremendous learning opportunity to f orward this aspiration. While at the sam e time, m aking a
better comm unity f or the people around us as well as people of the f uture.
Journeying throughout Arlington or taking a trip to the grocery store, there is bound to be
acquaintances or f riends you encounter. This sense of comm unity is most enjoyable to me, especially
during these trying times. These relationships cultivated in Arlington are the ones that anchor you
here. The kinds that make you want to raise a f am ily here, the kinds of relationships and com munity
you don't f ind everywhere right now.
It's am azing to see people turn out to support or volunteer at any event in the comm unity, or
contribute in any way they can to any cause or event happening. I appreciate my community of
Arlington.
I consider myself an intelligent, diligent and responsible person when it com es to working with the
comm unity and lif e. I give it my all and m ake sure to participate as of ten as possible, as well as listen to
the ideas and suggestions of others. E veryone's voice should be heard and we can all change the world by
just trying.
I would be m ost honored to give back to the comm unity by being a part of the AYC .
9/2/2021
Deja Reed
Arlington
8th
Haller
Natalie Hollifield
Fran Schmitz
Melissa Molthan
2021-2022
9/2/2021
x
S ince my 6th and 7th grade years weren't f ully in person, I haven't yet had the chance to participate in
school activities. This year I plan to play volleyball and track. I am not entirely sure how m uch we would
be practicing each week. Outside of school I like to hangout with my f riends, play volleyball, but overall, i
enjoy reading the most.
I want to join the youth council because I have an interest in being an attorney in the f uture. I think that
this would be a good opportunity to learn about how some f orm of government works
I like going downtown with my f riends and going to all the shops. Waking to M oe's and the dollar store, and
hanging out at the park. Doing these things is part of the charming aspect of Arlington that I like most.
9/30/2021
Kimberly Leach
Arlington
9
Grace Academy
Connie Jensen-Leach
Ms. Callaghan
Mr. Sultze
2021-2022
9/30/2021
C JL
Band, I play the base guitar and the f lute. C hoir, dram a I was the lead in two plays last year. I enjoy
swimm ing I would like to be a lif e guard when I turn 16 and I would like to be a nurse.
I would like a voice in our com munity and I am interested in hearing others views.
It is beautif ul and it has been working on doing dif f erent activities and kid f un and I really like our f armers
m arket.
9/27/2021
Sera Sabol
Arlington WA, 98223
10
Arlington High School
Gary Sabol
2022
9/27/2021
Yes
The last year has m ade it very hard to be involved with extracurricular activities through the school.
S ince this was the case, I was only able to participate in the L GBTQ+ club. In this club, I was elected as
the secretary and treasurer, which led to me spending about two hours a week m aking slides and
organizing the group conversations. P rior to the lockdown, I was involved in N ational Junior H onor
S ociety, L eadership, Associated S tudent Body, Robotics and Yearbook. I spent about eight hours weekly
on these clubs and activities. Outside of school, I enjoy reading and spending time with my dog, Daisy. In
the past, I have also participated in cycling sports like cyclocross and m ountain biking. During my f ree
tim e, I will also of ten play games with my brother. I also just enjoy relaxing and watching TV.
Once I graduate f rom high school, I would like to pursue a career in politics. By being involved in the
Arlington Youth C ouncil, it will help me learn some of the routines that come with politics like
parliamentary procedure. Being involved will also allow m e to meet new people and be involved in m y
community.
S om ething about Arlington I love is the small town atmosphere. L ast month, m y f am ily and I went to the
street f air that occurred in downtown Arlington. The atmosphere of all the people knowing each other,
along with how unique som e of the stands were, was very enjoyable. I also enjoy how open and rural the
city f eels. H aving just moved to Arlington f rom a larger city, it is f ascinating to be driving by f ields and all
of a sudden being in downtown! It is a signif icant improvem ent to the cramped city I have lived in, in the
past.
I am excited to be considered f or the Arlington Youth C ouncil.
City of Arlington Council Agenda Bill Item: NB #3 Attachment F
respective law enforcement agencies, to ensure that law enforcement officers have sufficient authority to
words and phrases in these bills in a manner that appears contrary to the legislative intent, which has
RESOLUTION NO. 2021-XXX 1
RESOLUTION NO. 2021 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON,
REQUESTING THE WASHINGTON LEGISLATURE TO PROVIDE CLARIFICATION OF
LEGISLATIVE INTENT IN LAW ENFORCEMENT RELATED BILLS
WHEREAS, law enforcement is an essential public safety service provided by local
governments; and
WHEREAS, appropriate use of force is a critical component of officers being
able to do their job, to prevent and solve crimes, and to maintain public order; and
WHEREAS, law enforcement officers face dangerous and sometimes life
threatening situations as part of their job duties and cannot predict when such a situation
will arise; and
WHEREAS, the Washington State Legislature passed a number of bills this past
legislative session regarding standards for law enforcement officers; and
WHEREAS, a number of law enforcement agencies have interpreted some words
and phrases in these bills in a manner that appears contrary to the legislative intent;
and
WHEREAS, this has produced uncertainty in law enforcement response and
ability to act, and this decreases public safety; and
WHEREAS, this decrease in public safety is likely to persist unless the legislature
takes action to clarify its intent;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington,
that the Legislature work with cities and counties, and their respective law
enforcement agencies to ensure that law enforcement officers have sufficient
authority to maintain public order and investigate crimes in a reasonable manner.
BE IT FURTHER RESOLVED by the City Council of the City of Arlington that the
City Council supports its police officers and police department, and the professional
manner in which they carry out their duties.
RESOLUTION NO. 2021-XXX 2
ADOPTED by the City Council of the City of Arlington, at its regular meeting held
this _____ day of ________, 2021.
CITY OF ARLINGTON
__________________________ __________________________
Barbara Tolbert, Mayor Jan Schuette, Mayor Pro Tem
__________________________ __________________________
Don Vanney, Council Member Michele Blythe, Council Member
__________________________ __________________________
Debora Nelson, Council Member Marilyn Oertle, Council Member
__________________________ __________________________
Mike Hopson, Council Member Heather Logan, Council Member
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: October 18, 2021 SUBJECT: Approve Contract with MENG Analysis for a Capital Facilities Needs Assessment ATTACHMENTS: Request for Proposal, List of Responding Firms, Professional Services Agreement with MENG Analysis, (including their fee proposal), and Final List of Properties DEPARTMENT OF ORIGIN Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: $108,809 BUDGET CATEGORY: Capital Facilities Fund BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Staff issued a request for proposals to do a capital facilities needs assessment on city owned buildings in order to determine long term capital and maintenance needs, and related costs, on those facilities. After review of the 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: NB #5 Attachment H COUNCIL MEETING DATE: October 18, 2021 SUBJECT: Ordinance reflecting amendments to Chapter 3.98 AMC, related to EHB 1386 ATTACHMENTS: Ordinance and Engrossed House Bill 1386 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: Ordinance adopting amendments to Chapter 3.98 Arlington Municipal Code, in response to EHB 1386. HISTORY: In 2015, the state legislature passed Senate Bill 5761, authorizing several cities in Western Washington to create tax incentives, in targeted areas, for the new construction of 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
I move to approve the ordinance adopting amendments to Chapter 3.98 of the Arlington Municipal Code, and authorize the Mayor to sign the ordinance, subject to final review by theCity Attorney.
ORDINANCE NO. 2021-XX 1
ORDINANCE NO. 2021--XX
AN ORDINANCE OF THE CITY 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
3.98.180 Application Fee
ORDINANCE NO. 2021-XX 2
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 uses.
(8) “Lands zoned for industrial and manufacturing uses” means lands
in the City zoned as of December 31, 2014, for an industrial or
ORDINANCE NO. 2021-XX 3
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.
ORDINANCE NO. 2021-XX 4
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:
ORDINANCE NO. 2021-XX 5
(1) A minimum of 25 new family living wage jobs will be created on
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.
ORDINANCE NO. 2021-XX 6
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 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
ORDINANCE NO. 2021-XX 7
(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 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.
ORDINANCE NO. 2021-XX 8
(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
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:
ORDINANCE NO. 2021-XX 9
(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 under 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 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.
ORDINANCE NO. 2021-XX 10
PASSED BY the City Council and APPROVED by the Mayor this 18th 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
City of Arlington Council Agenda Bill Item: NB #6 Attachment ICOUNCIL MEETING DATE: October 18, 2021 SUBJECT: Ordinance adopting zoning regulations and amending Title 20 AMC ATTACHMENTS: Ordinance, Copy of Engrossed Second Substitute House Bill 1220, and Planning Commission Findings of Fact 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: An ordinance adopting zoning regulations requiring Permanent Supportive Housing, Transitional Housing, Emergency Housing, and Emergency Shelters, through local planning and development regulations, in response to ESSHB 1220, and amending Title 20 AMC. This also amends the Permissible Use Table to reflect zoning changes that were adopted as a part of the 2020 docket. HISTORY: Early in 2021, the state legislature enacted HB 1220, which requires cities planning under RCW 36.70A.040 (Growth Management) to allow transitional housing and permanent supportive housing in any zones in 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
ORDINANCE NO. 2021-XX
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 has taken 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
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 and 20.04 of the Arlington Municipal Code,
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.
CITY OF ARLINGTON
_____________________________
Barbara Tolbert, Mayor
ATTEST:
____________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
1. The following definitions are hereby added to or amended in Arlington Municipal Code
section 20.08.010, Definition of Basic Terms:
"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.
“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.
“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.
“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.
"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.
"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.
"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.
“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 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.
“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.
"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.
2. Arlington Municipal Code section 20.40.040 shall be and hereby is amended to read as
follows:
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
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.
3. Table 20.40-1 of the Arlington Municipal Code shall be and hereby is amended to read as follows:
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
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
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
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
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
temporary residences renting by
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
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
goods outside fully enclosed
USE DESCRIPTION
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
attract and serve customers or
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
USE DESCRIPTION
the offices of attorneys,
physicians, other professions,
insurance and stockbrokers,
travel agencies, government
office buildings, etc.
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
partially or fully outside fully
USE DESCRIPTION
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
entirely within fully enclosed
building
USE DESCRIPTION
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
schools C C C ZS 16 ZS ZS 18 ZS ZS 18 18 11
USE DESCRIPTION
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)
designed and previously legally
Z Z Z Z Z ZS ZS ZS ZS ZS ZS ZS ZS ZS C 10
USE DESCRIPTION
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
more than 300 17 ZS ZS ZS ZS ZS ZS
USE DESCRIPTION
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,
golf courses, tennis courts,
swimming pools, parks, etc.,
ZS 18 ZS
18 ZS 18 ZS ZS ZS ZS ZS ZS ZS ZS
18 ZS ZS ZS
18
ZS
18 ZSC
10
accessory to golf courses, par 3
C 18 C 18 C 18 ZS ZS ZS ZS ZS ZS ZS ZS ZS ZSC
USE DESCRIPTION
courses, skateboard parks,
water slides, and similar uses 17
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
institutions, child care
institutions 17, 18
C C C ZS ZS C ZS ZS ZS ZS ZS ZS ZS ZSC
halfway houses) where mentally
C C C ZS ZS C C ZS ZS ZS ZS ZS C
USE DESCRIPTION
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;
service or consumption outside
fully enclosed building allowed
ZS ZS ZS ZS ZS ZS ZS
adult entertainment C
USE DESCRIPTION
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
vehicles ZS ZS ZS
USE DESCRIPTION
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
9.210 Aircraft sales or rental 11
installation of aircraft parts or
accessories (e.g., propellers,
Z
11
USE DESCRIPTION
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
related to sale or use of those
goods on the same lot where
they are stored
ZS ZS
USE DESCRIPTION
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
SALVAGE YARDS, JUNKYARDS,
AUTOMOBILE GRAVEYARDS
AND AUTOMOBILE RECYCLING
FACILITIES
ZS
19
ENTERPRISES RELATED TO
USE DESCRIPTION
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
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
USE DESCRIPTION
farming
processing operations, including
on-site sales of product
ZS 6 ZSC
10
14.400 Reclamation landfill ZS 6 10
AND SEMI-PUBLIC FACILITIES
15.100 Post Office ZS ZS ZS ZS ZS ZS ZS ZS ZS 10
15.200 Airport 11 C 10
15.300 Solid Waste Facilities
USE DESCRIPTION
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
classrooms, civic services, public
health centers, emergency
response centers, etc.)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
10 Z 10
LAUNDROMAT ZS ZS ZS ZS ZS ZS ZS
USE DESCRIPTION
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 ZS
11 ZS 10
Telecommunications Towers &
Monopoles
less Z ZS Z Z Z Z
USE DESCRIPTION
feet tall and receive-only earth
stations
ZS ZS ZS ZS ZS ZS
HORTICULTURAL SALES
Farmer's market 17 ZS ZS ZS ZS ZS ZS
outdoor display ZS ZS ZS ZS
19.300 Cannabis collective
USE DESCRIPTION
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
STATION 17 ZS ZS ZS ZS ZS ZSC ZS ZS ZS ZS ZS
GREENHOUSE OPERATIONS
USE DESCRIPTION
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
29.000 COMBINATION USES ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC C 10
DEVELOPMENTS
USE DESCRIPTION
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
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.
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.
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).
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
p. 16 E2SHB 1220.SL
(((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
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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
p. 18 E2SHB 1220.SL
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."
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