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Home My WebLink About03-23-20 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Video Conferencing – Bryan Terry, IT Director WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Ordinance to Revise Municipal Code ATTACHMENT A Staff Presentation: Steve Peiffle Council Liaison: Mayor Pro Tem Jesica Stickles 2.Appointment to Planning Commission ATTACHMENT B Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 3. 2020 Comprehensive Plan Amendment Docket ATTACHMENT C Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 4.February 2020 Financial Report ATTACHMENT D Staff Presentation: Paul Ellis SPECIAL MEETING 1. Amendment to Council Rules and Procedures to Include ATTACHMENT E Remote Access to Meetings Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT Arlington City Council Workshop Monday, March 23,2020 at 7:00 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: March 23, 2020 SUBJECT: Ordinance Removing references to Marysville Municipal Court ATTACHMENTS: An Ordinance of the City of Arlington, Washington Amending Various Provisions in the Arlington Municipal Code to Change or Delete References to the Marysville Municipal Court, and Repealing Ordinance No. 1408 DEPARTMENT OF ORIGIN Legal EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: This ordinances removes remaining references to the Marysville Municipal Court occurring in the Arlington Municipal Code. It is a housekeeping ordinance needed to complete the transfer of court operations to Snohomish County Cascade Division. HISTORY: Arlington contracted with Marysville for Court Services beginning in 2003. With the recent changeover to return to Cascade District Court, references in our Municipal Code need correction. ALTERNATIVES: None. RECOMMENDED MOTION: Workshop; discussion only. At the April 6, 2020 Council meeting, the recommended motion will be, “I move to approve the ordinance changing or deleting references to the Marysville Municipal Court and repealing Ordinance #1408, and authorize the Mayor to sign the ordinance.” ORDINANCE NO. 2020-XXX 1 ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING VARIOUS PROVISIONS IN THE ARLINGTON MUNICIPAL CODE TO CHANGE OR DELETE REFERENCES TO THE MARYSVILLE MUNICIPAL COURT, AND REPEALING ORDINANCE NO. 1408 WHEREAS, the City of Arlington, Washington has transitioned its municipal court from contracting for services with the City of Marysville and has contracted with Snohomish County for court services through Snohomish County District Court—Cascade Division; and WHEREAS, while most references in the code to the Marysville Municipal Court were corrected by the adoption of ordinance number 2020-002, the City municipal code contains some additional references to the Marysville Municipal Court which should be corrected; and WHEREAS, the City wishes to repeal some prior ordinances also relating to the court services; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Ordinance #1408, entitled “AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CONFIRMING THE APPOINTMENT OF FRED GILLINGS AS MUNICIPAL COURT JUDGE AND DECLARING AN EMERGENCY” shall be and hereby is repealed. Section 2. Arlington Municipal Code section 2.24.020 shall be amended to read as follows: 2.24.020 - Filing of actions. The police, city attorney, building official and all other persons or bodies with authority to file actions for violations of city ordinances on behalf of the city are directed to file such actions in the City’s Municipal Court or other court with jurisdiction. Section 3. Arlington Municipal Code section 2.24.030 shall be and hereby is repealed. Section 4. Arlington Municipal Code section 2.102.010 shall be amended to read as follows: 2.102.010 - Municipal court formed. There is hereby formed a municipal court to be known as the municipal court of Arlington, Washington. Said court shall be operated pursuant to the terms of an interlocal agreement with Snohomish County or as authorized by law. Section 5. Arlington Municipal Code section 3.86.020 shall be amended to read as follows: ORDINANCE NO. 2020-XXX 2 3.86.020 - Source of crime prevention funding—Contribution required. 1. In any case where an accused has been convicted of a misdemeanor or gross misdemeanor crime in Snohomish County District Court—Cascade Division, there shall be, in addition to any fine levied, a penalty in the amount of fifty dollars per charge, which penalty shall be non-suspendable, and which shall be deposited into the crime prevention fund line-item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court. 2. For the purposes of Subsection (1) of this section a conviction shall include a deferred prosecution, deferred sentence or guilty finding. Section 6. The definition of “Court” codified in Arlington Municipal Code section 11.01.020(6) shall be amended to read as follows: (6) "Court" means the Municipal Court established at Snohomish County District Court—Cascade Division, or other court with jurisdiction. Section 7. 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 8. 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 _____ day of _______________, 2020. 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: WS #2 Attachment B COUNCIL MEETING DATE: March 23, 2020 SUBJECT: Appointment to Planning Commission ATTACHMENTS: Redacted Application DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director – 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: An interview panel consisting of Councilmember Jan Schuette, Planning Commission Chairman Tim Dean and Co-Chair Bruce Angell, and Community and Economic Development Director Marc Hayes interviewed five applicants. From that interview process Yvonne M. Gallardo-Van Ornam was selected for recommendation to fill the vacant seat on the Planning Commission. HISTORY: Yvonne has been an Arlington resident for 12 years, and was the Executive Director for the Monroe Chamber of Commerce, where she also served as an ad-hoc member of Monroe’s Economic Development Advisory Board. She now serves as the Director of Local Liquid Arts the Craft Beverage Guild of Snohomish County, where her marketing and promotional skills can be further utilized.ALTERNATIVES: Remand back to staff for additional information RECOMMENDED MOTION: Workshop; discussion only. At the April 6, 2020, Council meeting, the recommended motion will be, “I move to confirm the appointment of Yvonne Gallardo-Van Ornam to the Arlington Planning Commission.” City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: March 23, 2020 SUBJECT: 2020 Comprehensive Plan Amendment Docket ATTACHMENTS: Resolution, 2020 Preliminary Docket with attachments, Docket Schedule, 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: The 2020 Preliminary Comprehensive Plan Amendment Docket consists of 6 items. There are 3 privately initiated items, and 3 City initiated items. The preliminary docket (list) was heard by the Planning Commission at a Public Hearing held on March 17, 2020. The docket was approved by unanimous decision of the four members present. This workshop item provides opportunity to go over the Planning plan amendments may be considered and adopted congruently. Proposed amendments to the City’s Comprehensive Plan may be made by any private citizen or by the city itself. The City Council must approve of any item being placed on the Final Docket. Once the docket becomes final, staff is authorized to RESOLUTION NO. 2020-xxx RESOLUTION NO. 2020-xxx A RESOLUTION OF THE CITY OF ARLINGTON ADOPTING THE 2020 FINAL DOCKET FOR AMENDMENTS TO THE COMPREHENSIVE PLAN WHEREAS, the City's Comprehensive Plan 2015 update was adopted January 25, 2018; and WHEREAS, RCW 36.70A.130 allows jurisdictions to make amendments to its comprehensive plan once annually, and directs that the city shall compile and maintain a list, known as a "docket," of all city-initiated and privately-initiated proposed comprehensive plan amendments; and WHEREAS, there are three city-initiated proposals and three privately- initiated proposals for the 2020 preliminary docket; and WHEREAS, the preliminary docket was made available to the public for review and comment at least fifteen days prior to consideration by the Planning Commission; and WHEREAS, the Director made a recommendation to the Planning Commission as to which proposed amendments should be included in the final docket; and WHEREAS, the Planning Commission held a noticed hearing on March 17, 2020 on selection of proposed amendments for the final docket; and WHEREAS, the Planning Commission's Findings of Fact and determination per AMC 20.96.050, are attached hereto as exhibit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: 1. The Arlington City Council hereby adopts the Planning Commission's findings and the docket recommendation made by the Planning Commission per the selection and decision criteria outlined in AMC 20.96.060 as the 2020 Final Docket. 2. No additional comprehensive plan amendments may be considered after council adoption of the 2020 docket. ADOPTED by the City Council and APPROVED by the Mayor this 6th day of April, 2020. RESOLUTION NO. 2020-xxx CITY OF ARLINGTON __________________________ Barbara Tolbert, Mayor ATTEST: _________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________ Steven J. Peiffle, City Attorney 2020 Comprehensive Plan Amendment Docket – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission 2020 Comprehensive Plan Amendment Docket To: Planning Commission From: Josh Grandlienard, Planner II Date: February 11, 2020 Regarding: 2020 Comprehensive Plan Amendment Docket Items The City of Arlington has 7 items submitted under the 2020 Comprehensive Update docket cycle. PRIVATELY INITIATED PROPOSALS 1.Amendment Type: Rezone Applicant: Corner 9 Properties LLC File №: PLN#667 Description: The applicant is requesting a land use designation change and rezone of 2.37acres from Neighborhood Commercial to Residential High Density. The applicant isrequesting this rezone due to the conditions on site have drastically changed since theannexation of the property in 2013. At time of annexation, the owners were interested incontinuing their commercial uses that were in operation at the time and to preserve theopportunity for future commercial uses. Since the annexation, the commercial uses on sitehave been abandoned and the property is no longer viable for neighborhood commercialdue to the close proximity to the core commercial areas of the city. With the continuingneed for housing options in the City, this amendment would allow for residentialdevelopment that would be appropriate for the site and with would allow the property tobetter transition into the surrounding uses. Approval by the City Council is required for allrezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Mapand the City’s Official Zoning Map would need to be amended. Goals and Policies supportingthis amendment; GH-1, GH-2, PH-2.1, GH-5. PL-1.4, PL-1.5, GL-82.Amendment Type: Rezone Applicant: Lot 19 LLC Rezone File №: PLN#663 2020 Comprehensive Plan Amendment Docket – Planning Commission Page 2 of 3 Description: The applicant is requesting that an approximately 14.36 acre lot be rezoned from Residential Medium Density zone to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. Goals and Policies supporting this amendment; PH-1.1, GH -2, PH-2.1, GH- 5, GL-7, PL-7.1, and PL-1.4. 3. Amendment Type: Rezone Applicant: 31st Avenue Rezone File №: PLN#662 Description: The applicants, Robert and Amanda Brown tax parcel 00445300000400 which is 0.93 acres, Walt and Julie Potebyna tax parcel 00445300000700 which is 0.86 acres, Mike Bohannon and Stephanie Bailey tax parcels 00445300000500 and 00445300000600 which are 0.89 and 0.88 acres respectfully, and Nathan and Deborah Mach tax parcel 00445300000800 which is 0.84 acres, are requesting the rezoning of a total area of approximately 4.4 acre Lot from Residential Moderate Density to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. Goals and Policies supporting this amendment; PH-1.1, GH -2, PH-2.1, GH- 5, GL-7, PL-7.1, and PL-1.4. CITY INITIATED PROPOSALS 4. Amendment Type: Rezone Applicant: City of Arlington File №: PLN#665 Description: The City is rezoning a 0.56 acre Lot from Public/Semi-Public zoning to Residential High Density. Due to the local rezone request by neighboring citizens Robert and Amanda Brown, Walt and Julie Potebyna, Mike Bohannon and Stephanie Bailey, and Nathan and Deborah Mach, the city has initiated this proposal to be a concurrent decision. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. 5. Amendment Type: Rezone Applicant: City of Arlington File №: PLN#666 Description: The City is rezoning the existing 39.61 acres of General Commercial, existing 3.78 acres of Highway Commercial zoning, and existing 142.78 acres of Business Park to the proposed 13.66 acres of General Commercial, 2.29 acres of Highway Commercial, and proposed 170.22 acres of Business Park. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. 6. Amendment Type: Comprehensive Plan Amendment – AMC 20.40: Permissible Use Table Applicant: City of Arlington File №: PLN#675 2020 Comprehensive Plan Amendment Docket – Planning Commission Page 3 of 3 Description: Upon review of AMC Chapter 20.40: Permissible Uses, Table 20.40-1, Use Description 3.000-Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise, specifically Use Description - 3.110 “Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stockbrokers, travel agencies, government office buildings, etc. It was recognized that office use was not an allowed use in the Business Park (BP). This is contrary to the Business Park Zone, as described in AMC 20.36.020 Commercial Districts Established (g). “The Business Park (BP) zone is designed to promote and accommodate office, high technology research and development, and related uses in a park-like, master-planned setting”. The proposed change to the Permissible Use table will correct this misinterpretation and allow office use within the Business Park. 7. Amendment Type: Comprehensive Plan Amendment – AMC 20.36 Applicant: City of Arlington File №: PLN#672 Description: The current residential zoning districts only provide for three zones, Suburban Residential (4 dwelling units per acre), Residential Moderate Density (6 dwelling units per acre) and Residential High Density (unlimited density controlled only by open space and parking requirements), there exists no mechanism to allow for a gradual change of capacity from one neighborhood to another. The proposed changes are necessary in order to correctly identify the housing capacities of current residential zones within the City and to provide the correct tools to enable “feathering” of residential capacities throughout the City by creating additional residential zones. Other proposed changes include updated language of existing districts and the creation of a new Commercial Corridor District, with a clearly defined purpose. These proposed changes support and are in alignment with the following goals and policies of the City’s Comprehensive Plan; GO-1, GH -1, GH-8, GL-7, PH-1.1, PH-8.1, PH-8.3, PH-8.5.1, PH-8.5.4, PH-8.5.7, PL-7.2 If proposed changes are adopted, amendments to the City’s Comprehensive Plan, Zoning Map and Land Use Code will be required as illustrated in the attachments. Staff Report & Recommendation Corner 9 Properties LLC Rezone – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: January 31, 2020 Regarding: Corner 9 Properties LLC Rezone PLN #667 A. INTRODUCTION The Applicant Corner 9 Properties LLC is submitting a rezone for a project that is located at the 604 E Gilman Ave, to be an amendment to the City of Arlington Comprehensive Plan. The applicant is requesting a land use designation change and rezone of 2.37 acres from Neighborhood Commercial to Residential High Density. The applicant is requesting this rezone due to the conditions on site have drastically changed since the annexation of the property in 2013. At time of annexation, the owners were interested in continuing their commercial uses that were in operation at the time and to preserve the opportunity for future commercial uses. Since the annexation, the commercial uses on site have been abandoned and the property is no longer viable for neighborhood commercial due to the close proximity to the core commercial areas of the city. With the continuing need for housing options in the City, this amendment would allow for residential development that would be appropriate for the site and with would allow the property to better transition into the surrounding uses. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicant: Corner 9 Properties LLC Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Exhibits: Corner 9 Properties LLC Application and Narrative, Maps Staff Report & Recommendation Corner 9 Properties LLC Rezone – Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION The applicant is requesting the rezoning of a 2.37 acre Lot from Neighborhood Commercial to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Council Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Corner 9 Properties LLC Rezone, PLN#667, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Library, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Library, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Corner 9 Properties LLC Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals GH-1, GH-2, PH-2.1, GH-5. PL-1.4, PL-1.5, GL-8. This means that based on the submittal that the rezone will contribute to a variety of housing types and densities, located housing within close proximity of the downtown core, and increases the amount of opportunity for all residents to purchase quality housing, as well as promoting and reserving the character of the existing residential neighborhood and removing the potential for incompatible commercial use or continuation of the existing condition per the Residential High Density designation. F. ANALYSIS Staff Report & Recommendation Corner 9 Properties LLC Rezone – Planning Commission Page 3 of 3 Staff recommends that the Planning Commission recommend for approval and adoption, the rezoning of tax parcels 31050100302200 and 31050100300200 from Neighborhood Commercial to Residential High Density by City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#667 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#667 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#667, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#667, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the Corner 9 Properties LLC Rezone, 2020 Comprehensive Plan Amendment, PLN#667. Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. Country Charm Rezone ± City of Arlington Date: File: Cartographer: Scale: CountryCharm8.5x11_19 2/4/2020 jpg 1 inch = 200 feet Country Charm rezone to RHD N C LARA S T N STILLAGUAMISH AVE N WASHINGTO N AVE SR530 E 5TH ST E DIVISION ST PARK HILLDR N ALCAZAR AVE EGILMANAVE P/SP RHD RHD OTRD P/SP RHD RMD P/SP OTBD - 3 P/SP NC OTRD = Old Town Residential District NC = Neighborhood Commercial OTBD - 3 = Old Town Business District 3 P/SP = Public/Semi-Public Legend Existing Zoning Rezone to RHD City Limits Public Right of Way Assessor Parcels RMD = Moderate Density Residential RHD = High Density Residential Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: January 29, 2020 Regarding: Lot 19 LLC Rezone PLN #663 A. INTRODUCTION The Applicant Lot 19 LLC is submitting a rezone for a project that is located at the 19700 Block of 74th Ave NE, to be an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicant: Lot 19 LLC Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Exhibits: Lot 19 LLC Application and Narrative Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION The applicant is requesting the rezoning of a 14.36 acre Lot from Residential Moderate Density to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Council Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Lot 19 LLC Rezone, PLN#663, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Lot 19 LLC Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals PH-1.1, GH -2, PH-2.1, GH- 5, GL-7, PL-7.1, and PL-1.4. This means that based on the submittal that the rezone will contribute to a variety of housing types and densities, located near commercial and employment centers, and increases the amount of opportunity for all residents to purchase or rent quality housing per the Residential High Density designation. F. ANALYSIS Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 3 of 3 Staff recommends that the Planning Commission recommend for approval and adoption, the rezoning of tax parcel 31051400101800 from Residential Moderate Density to Residential High Density by City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#663 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#663 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#663, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#663, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the Lot 19 LLC Rezone, 2020 Comprehensive Plan Amendment, PLN#663. Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. Lot 19 LLC Rezone ± City of Arlington Date: File: Cartographer: Scale:Lot19Rezone8.5x11_20 2/7/2020 jpg 1 inch = 534 feet Lot 19 rezone to RHD 80TH AVE NE 193RD STNE 71ST DRNE 197TH PL NE PEAK PL 79TH DR NE 200TH ST NE 71ST AVE NE 77THAVENE 201ST ST NE 74TH AVE NE 190THPLNE KNOLL DR VALLEYVIEW DR 190THPL NE 192ND PL NE VISTADR ARLINGTONVALLEYROAD CROWN RIDGE BLVD SR 9 RMDGC RHD GI RMD RHD GC = General Commercial GI = General Industrial Legend Existing Zoning City Limits Public Right of Way Assessor Parcels RMD = Moderate Density ResidentialRHD = High Density Residential Rezone Area Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: January 29, 2020 Regarding: 31st Avenue Rezone PLN #662 A. INTRODUCTION The Applicants, Robert and Amanda Brown tax parcel 00445300000400 Walt and Julie Potebyna tax parcel 00445300000700, Mike Bohannon and Stephanie Bailey tax parcels 00445300000500 and 00445300000600, and Nathan and Deborah Mach tax parcel 00445300000800, are submitting a rezone for a project that is located at the 18130, 18206, 18214, and 18304 31st Ave NE, to be an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicants: Robert and Amanda Brown, Walt and Julie Potebyna, Mike Bohannon and Stephanie Bailey, and Nathan and Deborah Mach Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Exhibits: 31st Avenue Applications and Narrative Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION The applicants Robert and Amanda Brown tax parcel 00445300000400 which is 0.93 acres, Walt and Julie Potebyna tax parcel 00445300000700 which is 0.86 acres, Mike Bohannon and Stephanie Bailey tax parcels 00445300000500 and 00445300000600 which are 0.89 and 0.88 acres respectfully, and Nathan and Deborah Mach tax parcel 00445300000800 which is 0.84 acres, are requesting the rezoning of 5 lots totaling approximately 4.4 acres from Residential Moderate Density to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Council Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment 31st Avenue Rezone, PLN#662, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Library, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Library, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The 31st Avenue Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals PH-1.1, GH -2, PH-2.1, GH- 5, GL-7, PL-7.1, and PL-1.4. This means that based on the submittal that the rezone will contribute to a variety of housing types and densities, located near commercial and employment centers, and increases the amount of opportunity for all residents to purchase or rent quality housing per the Residential High Density designation. Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 3 of 3 F. ANALYSIS Staff recommends that the Planning Commission recommend for approval and adoption, the rezoning of tax parcels 00445300000800, 00445300000700, 00453000006000, 0045300000500, and 00445300000400 from Residential Moderate Density to Residential High Density by City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Comprehensive Plan Amendment and associated staff report will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#662 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#662 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#662, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#662, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the 31st Avenue Rezone, 2020 Comprehensive Plan Amendment, PLN#662. Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. 31st Rezone ± City of Arlington Date: File: Cartographer: Scale:31stRezone8.5x11_19 2/7/2020 jpg 1 inch = 134 feet 31st rezone to RHD 182ND ST NE 181STSTNE 183RDPLNE I-5 31ST AVE NE I-5 P/SP RHD RMD Legend Existing Zoning City Limits Public Right of Way Assessor Parcels RMD = Moderate Density ResidentialRHD = High Density ResidentialHC = Highway Commercial Rezone Area Staff Report & Recommendation York Rezone – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: February 4, 2020 Regarding: York Rezone PLN#665 A. INTRODUCTION The York Rezone is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Staff Report & Recommendation York Rezone– Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION The City is rezoning a 0.56 acre Lot from Public/Semi-Public zoning to Residential High Density. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment York Rezone, PLN#665, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The York Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: PH-1.1, PH-2.1, PH-2.3, PL-7.1, and PL-7.2. This means that based on the submittal that the rezone will contribute to a variety of housing types and densities, located near commercial and employment centers. F. ANALYSIS Staff recommends that the Planning Commission recommend for approval and adoption, the rezoning of tax parcel 00472500000806 from Public/Semi-Public to Residential High Density by City Council. Staff Report & Recommendation York Rezone– Planning Commission Page 3 of 3 G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Planning Docket and associated staff reports will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#665 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#665 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#665, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#665, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the York Rezone, 2020 Comprehensive Plan Amendment, PLN#665. Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. York Rezone ± City of Arlington Date: File: Cartographer: Scale:YorkRezone8.5x11_20 2/7/2020 jpg 1 inch = 158 feet York rezone to RHD 33RDAVENE 183RD PL NE 177THPLNE 182ND ST NE 181STSTNE I-5 31ST DR NE 31ST AVE NE 179TH ST NE 180TH ST NE P/SP RHD RMD P/SP = Public/Semi-Public Legend Existing Zoning City Limits Public Right of Way Assessor Parcels RMD = Moderate Density ResidentialRHD = High Density Residential Rezone Area Staff Report & Recommendation Airport Business Park Rezone – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: February 4, 2020 Regarding: Airport Business Park Rezone PLN#666 A. INTRODUCTION The Airport Business Park Rezone is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Staff Report & Recommendation Airport Business Park Rezone– Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION The City is rezoning the existing 39.61 acres of General Commercial, existing 3.78 acres of Highway Commercial zoning, and existing 142.78 acres of Business Park to the proposed 13.66 acres of General Commercial, 2.29 acres of Highway Commercial, and proposed 170.22 acres of Business Park. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Airport Business Park Rezone, PLN#666, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The York Rezone, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the applicant has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: GL-16, PL-16.1, PL-16.16, GL-17, and PL-17.2. This means that based on the submittal that the rezone will protect the Arlington Municipal Airport from non-compatible land uses, promotes a compatible relationship between the airport industrial zone and surrounding land uses, ensures the compatibility between the airport and surrounding land uses, and it helps to promote new conceptual development site plans and allows the Airport properties to develop in an orderly fashion. Staff Report & Recommendation Airport Business Park Rezone– Planning Commission Page 3 of 3 F. ANALYSIS Staff recommends that the Planning Commission recommend for approval and adoption, the rezoning of tax parcel 31052100400100 from the existing 39.61 acres of General Commercial, existing 3.78 acres of Highway Commercial zoning, and existing 142.78 acres of Business Park to the proposed 13.66 acres of General Commercial, 2.29 acres of Highway Commercial, and proposed 170.22 acres of Business Park by City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Planning Docket and associated staff reports will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#666 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#666 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#666, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#666, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the Airport Business Park Rezone, 2020 Comprehensive Plan Amendment, PLN#666. HC = 3.78 acres GC = 39.62 acres BP = 10.17 acres 176TH PL NE 172ND ST NE 170TH PL NE 175TH PL NE 177TH PL NE 51ST AVE NE 173RD PL AIRPORT BLVD 43RD AVE NE 172ND ST NE HC RMD GC BP HC BPHC GC RMD LI AF City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiledfrom a variety of sources which may contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the maps. µ kdh BusinessParkExisting11x17_20 1/31/2020 Scale: Date: File: Cartographer: Business ParkExisting Zoning 0 400 800200 Feet Legend Assessor Parcels Zoning RMD = Moderate DensityResidential GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial AF = Aviation Before Revision = 3.78 acresAfter Revised HC to BP = 1.48 acres Before Revision 132.61 acresAfter Revised GC to BP = 158.55 acres HC RMD RMD AF LI BP BP Before Revision 39.61After Revised GC = 13.66 acres Before Revision = 3.78 acresAfter Revised HC = 2.29 acres Existing BP = 10.17 acres HC BP HC GC 176TH PL NE 172ND ST NE 170TH PL NE 175TH PL NE 177TH PL NE 51ST AVE NE 173RD PL AIRPORTBLVD 43RD AVE NE 172ND ST NE City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiledfrom a variety of sources which may contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the maps. µ kdh/akc BusinessParkRezones11x17_20 2/4/2020 Scale: Date: File: Cartographer: Business ParkRevised Zoning 0 400 800200 Feet Legend Assessor Parcels Zoning RMD = Moderate DensityResidential GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial AF = Aviation Proposed BP Rezone Area Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.36, Zoning Districts and Zoning Map– Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: February 12, 2020 Regarding: Proposed Changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map PLN#672 A.INTRODUCTIONThe proposed changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B.GENERAL INFORMATION Applicant: City of Arlington Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council C.DETAILED PROJECT INFORMATIONThe current residential zoning districts only provide for three zones, Suburban Residential(4 dwelling units per acre), Residential Moderate Density (6 dwelling units per acre) andResidential High Density (unlimited density controlled only by open space and parkingrequirements), there exists no mechanism to allow for a gradual change of capacity fromone neighborhood to another. The proposed changes are necessary in order to correctlyidentify the housing capacities of current residential zones within the City and to providethe correct tools to enable “feathering” of residential capacities throughout the City bycreating additional residential zones. Other proposed changes include updated language ofexisting districts and the creation of a new Commercial Corridor District, with a clearlydefined purpose. These proposed changes support and are in alignment with the followinggoals and policies of the City’s Comprehensive Plan; If proposed changes are adopted,amendments to the City’s Comprehensive Plan, Zoning Map and Land Use Code will berequired as illustrated in the attachments. D.REGULATORY REQUIREMENTS1.SEPA COMPLIANCE:The amendment to the comprehensive plan amendment is subject to provisions of theState Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington MunicipalCode (AMC).2.PUBLIC NOTIFICATION/INVOLVEMENTa.Presentations and/or updates on the proposed land use action to the PlanningCommission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April21, 2020.b.Two Public Hearings will be held at Planning Commission, located at Arlington CityChambers on the following dates, March 17, 2020 and April 21, 2020.c.The City will present information and advertise the Public Hearings regarding thePlanning Docket Amendment Proposed Changes to AMC Title 20, Chapter 20.36Zoning Districts and Zoning Map, PLN#672, in the Everett Herald, and via area widemailing.d.A Notice of Public Hearing for the March 17, 2020 Planning Commission meetingwill be posted at the Arlington and Smokey Point Libraries, and City Hall. The Noticewill also be published in the Everett Herald, posted on site and distributed via areawide mailing.e.A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting willbe posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice willalso be published in the Everett Herald, posted on site and distributed via area widemailing.3.WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATIONThe Proposed Changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map,along with the additional docket items will be submitted to the Washington StateDepartment of Commerce (DOC), and the DOC will notify the City that if it is inprocedural compliance with RCW 36.70A.106. E.BACKGROUND INFORMATIONStaff has reviewed the draft findings during review of the project and finds that the City hasmet the intent of all applicable requirements and standards. The plan supplements the Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.36, Zoning Districts and Zoning Map– Planning Commission Page 2 of 3 Comprehensive Plan, through planning goals: GO-1, GH -1, GH-8, GL-7, PH-1.1, PH-8.1, PH-8.3, PH-8.5.1, PH-8.5.4, PH-8.5.7, PL-7.2. F.ANALYSISStaff recommends that the Planning Commission recommend for approval and adoption, theProposed Changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map,PLN#672, by City Council. G.FINDINGS AND CONCLUSIONS1.Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April21, 2020.2.The Planning Docket and associated staff reports will be submitted to the DOC inaccordance with RCW 36.70A.106 and the submittal will meet all DOC’s proceduralrequirements.3.On March 3, 2020, the Planning Commission will review a draft of the City of Arlington2020 Comprehensive Plan Docket at their workshop meeting.4.On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 PlanningCommission public hearing will be posted at Arlington City Hall, Smokey Point Library, andthe Arlington Public Library.5.On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 PlanningCommission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6.The application for PLN#672 has been reviewed for consistency with the ArlingtonComprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7.PLN#672 has been reviewed in accordance with, and is consistent with, theSnohomish County Countywide Planning Policies. 8.The proposed Comprehensive Plan Amendment was prepared in accordance withthe Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9.Documentation supporting the findings of fact is located in the file PLN#672, whichis adopted by reference into this approval. 10.Adoption of the proposed Comprehensive Plan Amendment, PLN#672, furthers thepublic health, safety and general welfare. H.RECOMMENDATIONStaff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the Proposed Changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map, 2020 Comprehensive Plan Amendment, PLN#672. Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.36, Zoning Districts and Zoning Map– Planning Commission Page 3 of 3 Chapter 20.36 - ZONING DISTRICTS AND ZONING MAP Part I. - Zoning Districts 20.36.010 - Residential districts established. (a) The following residential districts are hereby established: Residential Ultra Low Capacity (RULC) allows for 1- 4 dwelling units per acre 4 Du/Ac. Residential Low Capacity (RLC) allows for 5 -6 dwelling units per acre 6 Du/Ac, Residential Moderate Capacity (RMod) allows for 7 -11 dwelling units per acre 11 Du/Ac. Residential Medium Capacity (RMC) allows for 12 -16 dwelling units per acre - 16 Du/Ac. Residential High Capacity (RHC) allows for 17 and greater dwelling units per acre – 17> Du/Ac. and Old Town Residential (OTR) which allows for lot sizes established with the original plats to be utilized, but not less than 3,800 S.F. . Each of these districts is designed to provide for residential lands with varying housing capacities and housing types to provide residents with a variety of housing options, and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of these districts are explained in the remainder of this section. All residential districts must be served with public sewer and water facilities in order to utilize the capacities described for each district. Without public utilities servicing the residential district, no increase in the current housing capacity is allowed. (b) The Residential Ultra Low Capacity district (RULC) is established primarily to accommodate detached single-family residential development in areas not currently served by public sewer and water facilities. Larger lots are required to accommodate a septic system and reserve area as required by the Snohomish Health District. (c) The Residential Low Capacity (RLC) district is established primarily to accommodate detached single-family residential uses at lower capacity levels typically on 7200 – 9600 square foot parcels, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. Some types of two-family residences are allowed in this district on larger lots. (d) The Residential Moderate Capacity (RMod) district is established primarily to accommodate medium capacity housing types, especially smaller multifamily and single family attached, such as duplex, triplex, fourplex, row houses and garden apartments, typically situated on 4000 – 6200 square foot parcels, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. (e) The Residential Medium Capacity (RMC) district is established primarily to accommodate higher capacity housing, such as larger multi-family developments, townhomes, condominiums and the use of the Unit Lot Subdivision process to create fee-simple housing. Live/work units may also be allowed in this zone with additional requirements. Typical parcel size range from 2800 – 3600 square feet, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. (f) The Residential High Capacity (RHC) district is established primarily to accommodate the highest capacity residential developm ents, that are designed to be compatible with their sites and surroundings, building types are typically large scale multifamily buildings, mixed use buildings and live/work units. (g) The Old Town Residential (OTR) district is established primarily for single-family residential development while preserving the historic quality of the traditional town center. Further, this zone is intended to promote residential development that is in character with the older, existing homes in the area. The Old Town District may also allow for duplex, triplex and garden style housing units (missing middle housing) that are designed to match the context of the existing neighborhood they are placed within. This is accomplished through strict design elements, orientation and scale of the building. (Ord. 1393 § 1, 2006; Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.020 - Commercial districts established. (a) The following commercial districts are hereby established: Neighborhood Commercial (NC), Old Town Business District (OTBD), General Commercial (GC), Highway Commercial (HC), and Commercial Corridor (CC). These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. (b) The Neighborhood Commercial (NC) zone is established to accommodate commercial activities that would meet the daily convenience needs of people residing or working in the environs. (c) The Old Town Business District (OTBD) zone is established to accommodate a mix of a wide variety of commercial activities and vertically oriented, high capacity residential uses in a pedestrian- oriented environment. The Old Town Business District is comprised of three different sub districts, identified as, Central Business Districts (CBD) 1, 2 and 3).with each one having its own nuances regarding permissible uses, parking and signage. (d) The General Commercial (GC) zone is established to accommodate commercial uses generally similar, though more intensive, to the types permissible in the Old Town Business District. However, it is intended that this zone be placed along arterials to cater to commuters or as a transition in some areas between a Highway Commercial zone and a residential zone. (e) The Highway Commercial (HC) zone is established to accommodate the widest range of commercial activities. Uses allowed here include those allowed in other commercial districts, but also those that require highway access or that should be separated from residential uses. (f) The Business Park (BP) zone is established to promote and accommodate office, certain manufacturing and light industrial uses, training/educational facilities, high technology research and development, and related uses in a park-like, master-planned setting. The Business Park also allows for Public/Semi-Public uses within this zone. (g) The Commercial Corridor (CC) zone is established to create pedestrian oriented, urbanized, mixed - use neighborhoods, along designated transit routes. Design elements to include widened sidewalks, drop lanes with on street parking, mid-block pedestrian crossings, planted medians and bike lanes. These zones are established to utilize the stringent use of the Mixed Use Development Regulations/ Form Based Code, therefore negating the underlying zoning to accommodate mixed use as the primary land use. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.030 - Manufacturing districts established. The General Industrial (GI) and Light Industrial (LI) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The performance standards set forth in Part I of Chapter 20.44 place limitations on the characteristics of uses located in these districts. The light industrial district is distinguished from the general industrial district in that the light industrial district is intended to be a cleaner, more business park-like area, whereas the general industrial district allows more resource-based manufacturing has a greater tolerance of the nuisances that typically accompany such manufacturing. Furthermore, the limitations in the light industrial district are more restrictive than those in the general industrial district. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.034 - Aviation flightline district established. The Aviation Flightline District (AF) zone is hereby established. This district is created to allow only aviation related uses proximate to airport runways and taxiways. Aviation related uses include any uses related to supporting aviation that require direct taxiway access as a necessary part of their business operations, such as aviation services, manufacturing of aviation-related goods, general services whose primary customers would be those engaged in aviation-related activities (e.g., restaurants primarily catering to pilots, employees, or passengers), or other uses that are clearly related to aviation. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.036 - Medical services district established. The Medical Services District (MS) zone is hereby established. This district is created to allow hospitals and related medical services uses that have developed around the Cascade Valley Hospital in an otherwise residential neighborhood. Medical services include hospitals, doctors' offices, birthing centers, and other related uses, but not including manufacturing of medical equipment. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.040 - Public/semi-public district established. A public/semi-public (P/SP) district is hereby established to accommodate public and semi-public uses, such as schools, government services and facilities, public utilities, community facilities, parks, etc. on publicly owned land. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.054 - Master planned neighborhood overlay district established. The master planned neighborhood (MPN) district is hereby established as an "overlay" district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the requirements of Section 20.44.032 (master planned neighborhood developments). Thereafter, this overlay district shall be removed from the property for which the master plan is approved by the city council. (Ord. 1393 § 3, 2006) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.060 - Floodplain and floodway districts established. The floodplain and floodway districts are hereby established as "overlay" districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the restrictions found in Chapter 20.64 (floodplain development regulations). (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.070 - Shoreline management district established. The shoreline management district is hereby established as an "overlay" district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district and a shoreline development permit has been granted, if necessary, pursuant to Chapter 20.92 (shoreline management). (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.080 - Mixed use overlay district established. The mixed use overlay district is hereby established as an "overlay" district, meaning that the underlying zoning applicable within each commercial zone remains as the primary or principle zoning designation. The overlay allows for a mix of diversified residential development to co-exist within a proportionate share of the commercially zoned areas of highway commercial (HC), general commercial (GC), and neighborhood commercial (NC) zones where typical retail and other support services would be located, thus creating a walkable neighborhood concept. The mixed use overlay will also be applied to the residential moderate density (RMD) and residential high density (RHD) zones along the Smokey Point Boulevard corridor. The overlay will provide for the efficient use of property by requiring the mixed use of properties in a manner that allows for residential development to co-exist with commercial, retail and specific light manufacturing uses. This promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency. The performance standards/design guidelines set forth in Chapter 20.110 place limitations on the characteristics of uses located in these districts. (Ord. No. 2017-022, § 1, 12-18-2017) Editor's note— Ord. No. 2017-022, § 1, adopted December 18, 2017, set out provisions for use herein as § 20.36.080. As § 20.36.080 existed at the time of codification, those provisions have been included herein as § 20.36.085. Part II. - Zoning Map 20.36.090 - Reserved. Editor's note— Ord. No. 2017-022, § 1, adopted December 18, 2017, repealed § 20.36.090 in its entirety. Former § 20.36.090 pertained to "Horizontal mixed use overlay district established," and was derived from Ord. No. 2016-022, § 1, adopted December 5, 2016. 20.36.100 - Official zoning map. (a) There shall be a map known and designated as the official zoning map, which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall either be drawn on acetate or other durable material from which prints can be made, or kept in electronic format, or both. It shall be dated, and shall be kept in the planning department. (b) The official zoning map of the city shall be maintained in the city clerk's office. Amendments to this map shall be made and posted in accordance with Chapter 20.96 (amendments). (c) Should the official zoning map be lost, destroyed, or damaged, the community development director may have a new map drawn on acetate or other durable material from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process. (Ord. No. 1389, 3-27-2006; Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) 20.36.110 - Amendments to official zoning map. (a) Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this title, as set forth in Chapter 20.96 (amendments). (b) The community development director shall update the official zoning map as soon as possible after the council adopts amendments to it. Upon entering any such amendment on the map, the community development director shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. (c) No unauthorized person may alter or modify the official zoning map. (d) The planning division shall keep copies of superseded prints of the zoning map for historical reference. (Ord. 1309 § 5(part), 2003) (Ord. No. 2017-022, § 1, 12-18-2017) Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 1 April 2009 Chapter 20.36 ZONING DISTRICTS AND ZONING MAP Sections: Part I. Zoning Districts 20.36.010 Residential Districts Established. 20.36.020 Commercial Districts Established. 20.36.030 Manufacturing Districts Established. 20.36.034 Aviation Flightline District Established. 20.36.036 Medical Services District Established. 20.36.040 Public/Semi-Public District Established. 20.36.054 Master Planned Neighborhood Overlay District Established 20.36.060 Floodplain and Floodway Districts Established. 20.36.070 Shoreline Management District Established. Part II. Zoning Map 20.36.100 Official Zoning Map. 20.36.110 Amendments to Official Zoning Map. Part III. Compatibility of Zoning Districts with Land Use Plan 20.36.200 Compatibility of Zoning Districts with Land Use Plan Defined. Part I. Zoning Districts 20.36.010 Residential Districts Established. (a) The following residential districts are hereby established:established: Residential Ultra Low Capacity (RULC) allows for 1- 4 dwelling units per acre 4 Du/Ac. Suburban Residential (SR), Residential Low/Moderate Density (R-LMD), Residential LowModerate CapacityDensity (RLC-MD) allows for 5 -6 dwelling units per acre 6 Du/Ac, Residential Moderate Capacity (RMod) allows for 7 -11 dwelling units per acre 11 Du/Ac. Residential Medium Capacity (RMC) allows for 12 -16 dwelling units per acre - 16 Du/Ac. Residential High CapacityDensity (R-HCD) allows for 17 and greater dwelling units per acre – 17> Du/Ac., and Old Town Residential (OTR) which allows for lot sizes established with the original plats to be utilized, but not less than 3,800 S.F. . Each of these districts is designed to provide for residential lands with varying housing capacities and housing types to provide residents with a variety of housing options, and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section. All residential districts must be served with public sewer and water facilities in order to utilize the capacities described for each district. Without public utilities servicing the residential district, no increase in the current housing capacity is allowed. (b) The Residential Ultra Low/Moderate Low CapacityDensity district (RULCR-LMD) is establisheddesigned primarily to accommodate detached single-family residential development and recreational, quasi-public, and public uses that customarily serve residential developmentdevelopment in areas not currently served by public sewer and Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 2 April 2009 water facilities. Larger lots are required to accommodate a septic system and reserve area as required by the Snohomish Health District. Some types of two-family residences are allowed in this district on larger lots. (c) The Residential Low Moderate CapacityDensity (RL-MCD) district is establisheddesigned primarily to accommodate detached or attached single-family residential uses at lower medium capacity levels densities typically on 7200 – 9600 square foot parcels, but also allows for and recreational, quasi-public, and public uses that customarily serve residential development. in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. (d) The Residential Moderate High CapacityDensity (RMod-HD) district is established designed primarily to accommodate medium capacity housing types, especially smaller multifamily and single family attached, such as duplex, triplex, fourplex, row houses and garden apartments, typically situated on 4000 – 6200 square foot parcels, but also allows for higher density multi-family developments and rrecreational, quasi-public, and public uses that customarily serve residential development. in areas served by public sewer and water facilities. (e) The Residential Medium Capacity (RMC) district is established primarily to accommodate higher capacity housing, such as larger multi-family developments, townhomes, condominiums and the use of the Unit Lot Subdivision process to create fee-simple housing. Live/work units may also be allowed in this zone with additional requirements. Typical parcel size range from 2800 – 3600 square feet, but also allows for recreational, quasi-public, and public uses that customarily serve residential development. (a) (f) The Residential High Capacity (RHC) district is established primarily to accommodate the highest capacity residential developments, that are designed to be compatible with their sites and surroundings, building types are typically large scale multifamily buildings, mixed use buildings and live/work units. (b) (g)The The Old Town Residential (OTR) district is establisheddesigned primarily forto single- family residential development while preserving the historic quality of the traditional town center. Further, this zone is intended to promote residential development that is in character with the older, existing homes in the area. The Old Town District may also allow for duplex, triplex and garden style housing units (missing middle housing) that are designed to match the context of the existing neighborhood they are placed within. This is accomplished through strict design elements, orientation and scale of the building. (c) The Suburban Residential (SR) district is designed primarily to accommodate detached single-family residential development and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. 20.36.020 Commercial Districts Established. (a) The following commercial districts are hereby established: Neighborhood Commercial (NC), Old Town Business District (OTBDCBD), General Commercial (GC), Highway Commercial (HC), and Commercial Corridor (CC).Business Park (BP). These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. (b) The Neighborhood Commercial (NC) zone is designedestablished to accommodate commercial activities that would meet the daily convenience needs of people residing or working in the environs. (c) The Old Town Business District (OTBDCBD) zone is designedestablished to accommodate a mix of a wide variety of commercial activities and vertically oriented, high capacity density residential uses in a pedestrian-oriented environment. The Old Town Business District is comprised of three different sub districts, identified as, Central Business Districts (CBD) 1, 2 Formatted: Indent: Left: 0", Hanging: 0.25", Tab stops: 0.25", Left Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 3 April 2009 and 3).with each one having its own nuances regarding permissible uses, parking and signage. (d) The General Commercial (GC) zone is designedestablished to accommodate commercial uses generally similar, though more intensive, to the types permissible in thea Old Town Business District. However, it is intended that this zone be placed along arterials to cater to commuters or as a transition in some areas between a Highway Commercial zone and a residential zone. (d)(e) The Commercial Corridor (CC) zone is established to create pedestrian oriented, urbanized, mixed - use neighborhoods, along designated transit routes. Design elements to include widened sidewalks, drop lanes with on street parking, mid-block pedestrian crossings, planted medians and bike lanes. These zones will also accommodate the use of the horizontal mixed use overlay. (e)(f) The Highway Commercial (HC) zone is designed toestablished to accommodate the widest range of commercial activities. Uses allowed here include those allowed in other commercial districts, but also those that require highway access or that should be separated from residential uses. (f)(g) The Business Park (BP) zone is designedestablished to promote and accommodate office, certain manufacturing and light industrial uses, training/educational facilities, high technology research and development, and related uses in a park-like, master-planned setting. The Business Park also allows for Public/Semi-Public uses within this zone. 20.36.030 Manufacturing Districts Established. The General Industrial (GI) and Light Industrial (LI) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The performance standards set forth in Part I of Chapter 20.44 place limitations on the characteristics of uses located in these districts. The Light Industrial district is distinguished from the General Industrial district in that the Light Industrial district is intended to be a cleaner, more business park-like area, whereas the General Industrial district allows more resource-based manufacturing has a greater tolerance of the nuisances that typically accompany such manufacturing. Furthermore, the limitations in the Light Industrial district are more restrictive than those in the General Industrial district. 20.36.034 Aviation Flightline District Established. The Aviation Flightline District (AF) zone is hereby established. This district is created to allow only aviation related uses proximate to airport runways and taxiways. Aviation related uses include any uses related to supporting aviation that require direct taxiway access as a necessary part of their business operations, such as aviation services, manufacturing of aviation-related goods, general services whose primary customers would be those engaged in aviation-related activities (e.g., restaurants primarily catering to pilots, employees, or passengers), or other uses that are clearly related to aviation. 20.36.036 Medical Services District Established. The Medical Services District (MS) zone is hereby established. This district is created to allow hospitals and related medical services uses that have developed around the Cascade Valley Hospital in an otherwise residential neighborhood. Medical services include hospitals, doctors’ offices, birthing centers, and other related uses, but not including manufacturing of medical equipment. Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 4 April 2009 20.36.040 Public/Semi-Public District Established. A Public/Semi-Public (P/SP) district is hereby established to accommodate public and semi- public uses, such as schools, government services and facilities, public utilities, community facilities, parks, etc. on publicly owned land. 20.36.054 Master Planned Neighborhood Overlay District Established. The Master Planned Neighborhood (MPN) district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the requirements of §20.44.032 (Master Planned Neighborhood Developments) of this Title. Thereafter, this overlay district shall be removed from the property for which the master plan is approved by the City Council. 20.36.060 Floodplain and Floodway Districts Established. The floodplain and floodway districts are hereby established as “overlay” districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the restrictions found in Chapter 20.64 (Floodways, Floodplains, Drainage, Erosion, and Groundwater Protection) of this Title. 20.36.070 Shoreline Management District Established. The shoreline management district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district and a Shoreline Development Permit has been granted, if necessary, pursuant to Chapter 20.92 (Shoreline Management) of this Title. 20.36.080 TDR Overlay Zone Established. A transfer of development rights (TDR) zone is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent that such use is also permitted in the applicable overlay district and a TDR certificate has been issued by Snohomish County as provided by Chapter 20.37, Transfer of Development Rights. (Ord 1381, 4/17/06) Part II. Zoning Map 20.36.100 Official Zoning Map. (a) There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the city’s planning jurisdiction. This map shall either be drawn on acetate or other durable material from which prints can be made, or kept in electronic format, or both. It shall be dated, and shall be kept in the planning department. (b) The Official Zoning Map of the City shall be maintained in the City Clerk’s office. Amendments to this map shall be made and posted in accordance with Chapter 20.96 (Amendments). (Ord. 1389, 3/27/06) (c) Should the Official Zoning Map be lost, destroyed, or damaged, the Community Development Director may have a new map drawn on acetate or other durable material from Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 5 April 2009 which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process. 20.36.110 Amendments to Official Zoning Map. (a)Amendments to the Official Zoning Map are accomplished using the same procedures that apply to other amendments to this Title, as set forth in Chapter 20.96 (Amendments). (b)The Community Development Director shall update the Official Zoning Map as soon as possible after the council adopts amendments to it. Upon entering any such amendment on the map, the Community Development Director shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. (c)No unauthorized person may alter or modify the Official Zoning Map. (d)The planning division shall keep copies of superseded prints of the zoning map for historical reference. Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.40, Permissible Uses – Planning Commission Page 1 of 3 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Josh Grandlienard, Planner II Date: February 12, 2020 Regarding: Proposed Changes to AMC Title 20, Chapter 20.40 Permissible Uses, PLN#675 A. INTRODUCTION The proposed changes to AMC Title 20, Chapter 20.40 Permissible Uses is a City-initiated project that is an amendment to the City of Arlington Comprehensive Plan. The Plan is submitted under the 2020 Comprehensive Update docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2020 Comprehensive Plan Amendment Requested Action: Make a recommendation of approval to the Arlington City Council Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.40, Permissible Uses – Planning Commission Page 2 of 3 C. DETAILED PROJECT INFORMATION Upon review of AMC Chapter 20.40: Permissible Uses, Table 20.40-1, Use Description 3.000-Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise, specifically Use Description - 3.110 “Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stockbrokers, travel agencies, government office buildings, etc. It was recognized that office use was not an allowed use in the Business Park (BP). This is contrary to the Business Park Zone, as described in AMC 20.36.020 Commercial Districts Established (g). “The Business Park (BP) zone is designed to promote and accommodate office, high technology research and development, and related uses in a park-like, master-planned setting”. The proposed change to the Permissible Use table will correct this misinterpretation and allow office use within the Business Park. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). 2. PUBLIC NOTIFICATION/INVOLVEMENT a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on March 3, 2020, March 17, 2020, April 7, 2020 and April 21, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Chambers on the following dates, March 17, 2020 and April 21, 2020. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment Proposed Changes to AMC Title 20, Chapter 20.40 Permissible Uses, PLN#675, in the Everett Herald, and via area wide mailing. d. A Notice of Public Hearing for the March 17, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. e. A Notice of Public Hearing for the April 21, 2020 Planning Commission meeting will be posted at the Arlington and Smokey Point Libraries, and City Hall. The Notice will also be published in the Everett Herald, posted on site and distributed via area wide mailing. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The Proposed Changes to AMC Title 20, Chapter 20.40 Permissible Uses, along with the additional docket items will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff has reviewed the draft findings during review of the project and finds that the City has met the intent of all applicable requirements and standards. The plan supplements the Comprehensive Plan, through planning goals: GL-16, PL-16.1, PL-16.7, PL-16.16, PL-17.1 PE-2.3, and PE-6.1. Staff Report & Recommendation Changes to AMC Title 20, Chapter 20.40, Permissible Uses – Planning Commission Page 3 of 3 F. ANALYSIS Staff recommends that the Planning Commission recommend for approval and adoption, the Proposed Changes to AMC Title 20, Chapter 20.40 Permissible Uses, PLN#675, by City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, April 7, 2020, and April 21, 2020. 2. The Planning Docket and associated staff reports will be submitted to the DOC in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On March 3, 2020, the Planning Commission will review a draft of the City of Arlington 2020 Comprehensive Plan Docket at their workshop meeting. 4. On March 2, 2020 a Notice of Public Hearing for the March 17, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library. 5. On April 6, 2020 a Notice of Public Hearing for the April 21, 2020 Planning Commission public hearing will be posted at Arlington City Hall, Smokey Point Public Library, and the Arlington Public Library. 6. The application for PLN#675 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 2020 Comprehensive Plan amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 7. PLN#675 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 8. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 9. Documentation supporting the findings of fact is located in the file PLN#675, which is adopted by reference into this approval. 10. Adoption of the proposed Comprehensive Plan Amendment, PLN#675, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to adopt the Proposed Changes to AMC Title 20, Chapter 20.40 Permissible Uses, 2020 Comprehensive Plan Amendment, PLN#675. City of Arlington 20.40 -12 October 2017 February 2020 USE DESCRIPTIONS SR D D D R NC 1 2 3 GC HC BP LI GI AF S P CLERICAL, RESEARCH AND SERVICES NOT PRIMARILY RELATED TO GOODS OR MERCHANDISE operations conducted entirely within fully enclosed building Operations designed to customers or clients on the premises, such as the offices of attorneys, professions, insurance and stockbrokers, travel agencies, government office buildings, etc. ZS ZS ZS ZS ZS18 ZS ZS ZS ZS1 5 ZS1 2 ZS Operations City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: March 23, 2020 SUBJECT: February 2020 Financial Report ATTACHMENTS: Financial Reports – Narrative Fund Types General Fund Operating Statement Revenue Charts City of Arlington Council Agenda Bill Item: SM #1 Attachment E COUNCIL MEETING DATE: March 23, 2020 SUBJECT: Amendment to Council Rules and Procedures to Include Remote Access to Meetings ATTACHMENTS: Draft Redline Council Rules and Procedures DEPARTMENT OF ORIGIN Administration – Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: As requested by Council, staff has procured the necessary equipment for Councilmembers to gain access to Council meetings remotely. HISTORY: The Council Rules and Procedures does not include a provision for Councilmembers to access Council meetings remotely. Revisions must be made to include the procedure. ALTERNATIVES: None. RECOMMENDED MOTION: I move to approve the amendment to Council Rules and Procedures. City of Arlington Updated 2010 City Council Rules of Procedure City Council Rules of Procedure and Code of Ethics 1. General Rules 1.1 Meetings to be Public: All official meetings of the Arlington City Council shall be open to the public with the exception of executive sessions for certain limited topics (as defined in RCW Chapter 42.30). The journal of proceedings (minute book) shall be open to public inspection. 1.2 Quorum: Four Council members shall be in attendance to constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time, but no adjournment shall be for a longer period than until the next regular meeting. 1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Council member shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Chair prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Chair, the member shall contact the City Clerk or Deputy City Clerk, who shall convey the message to the Chair. The Chair shall inform the Council of the member's absence, state the reason for such absence and inquire if there is a motion to excuse the member. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Recorder will make an appropriate notation in the minutes. If the motion is not passed, the Recorder will note in the minutes that the absence is unexcused. 1.4 Journal of Proceedings: A journal of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council. 1.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair and shall confine his/her remarks to one subject under consideration or to be considered. 1.6 Rules of Order. Roberts Rules of Order Newly Revised shall be the guideline procedures for the proceedings of the Council. If there is a conflict, these rules shall apply. 1.7 Remote Attendance. From time to time, it is not possible for a councilmember to attend a City Council meeting. In limited instances, the City would benefit by a Councilmember’s participation by means of remote communication. The Council recognizes the benefits of fullest practicable attendance and participation by its members. Attendance from remote locations is intended to be an alternative and relatively infrequently used method for participation by Councilmembers. Remote attendance may occur as follows: a) The Mayor or Mayor Pro Tem may approve a Councilmember’s appearance at a Council meeting via remote communication in limited instances, including emergencies that require immediate action or remedy b) In the event that more than one Councilmember is absent, reasonable efforts shall be given to provide all absent members an opportunity to appear via remote communication. In no event shall the Mayor or Mayor Pro Tem approve a Councilmember’s remote attendance unless satisfactory equipment or technology is available. Satisfactory equipment shall mean any telephone, video or other device or technology capable of broadcasting the Councilmember’s voice attending clearly and sufficiently enough to be heard by those in attendance at the meeting. The device or technology must allow the Councilmember to pose and answer questions as posed from time to time. (c) During any meeting that a Councilmember is attending via remote communication, the presiding officer shall state for the record that a particular Councilmember is attending via remote communication and the reasons for such attendance. (d) Councilmembers appearing via remote communication may participate and vote during the meeting as if they were physically present at the meeting. (e) Councilmembers appearing remote communication shall comply with all rules and procedures as if they were physically present at the meeting. (f) In the case of executive sessions, the Council may permit participation from remote location(s) only when the Council on a case-by-case basis considers such participation to be necessary and the Council is confident in the security of such remote communications. 2. Types of Meetings 2.1 Regular Council Meetings: The Council shall meet on the first and third Monday of each month at 7 p.m. When a Council meeting falls on a holiday, the Council shall meet on Tuesday following the Monday holiday. The Council may reschedule regular meetings to a different date or time by motion. The location of the meetings shall be the Council Chambers at 110 E. Third Street, unless specified otherwise by a majority vote of the Council. All regular and special meetings shall be public. 2.2 Special Meetings: Special meetings may be called by the Mayor or any four (4) members of the Council. The City Clerk shall prepare a notice of the special meeting stating the time, place and business to be transacted. The City Clerk shall attempt to notify each member of the Council, either by telephone or otherwise, of the special meeting. The City Clerk shall give at least 24 hours' notice of the special meeting to each local newspaper of general circulation and to each local radio and/or television station, which has filed with the Clerk a written request to be notified of special meetings. No subjects other than those specified in the notice shall be considered. The Council may not make final disposition on any matter not mentioned in the notice. Special meetings may be called in less than 24 hours, and without the notice required in this section, to deal with emergencies involving injury or damage to persons or property or the likelihood of such injury or damage if the notice requirements would be impractical or increase the likelihood of such injury or damage. 2.3 Continued and Adjourned Sessions: Any session of the Council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting. 2.4 Study Sessions and Workshops: The Council may meet informally in study sessions and workshops, at the call of the Mayor or of any three or more members of the Council, to review forthcoming programs of the city, receive progress reports on current programs or projects, receive other similar information from city department heads or conduct procedures workshops, provided that all discussions and conclusions thereon shall be informal and do not constitute official actions of the Council. Study sessions and workshops held by the Council are "special meetings" of the Council, and the notice required by RCW 42.30.080 must be provided. 2.5 Executive Sessions: Executive sessions or closed meetings may be held in accordance with the provisions of the Washington State Open Public Meetings Act (Chapter 42.30 RCW). Among the topics that may be discussed in executive session or closed meetings are: (1) personnel matters; (2) consideration of acquisition of property for public purposes or sale of city-owned property; and (3) potential or pending litigation in which the city has an interest, as provided in the Revised Code of Washington. The Council may hold an executive session during a regular or special meeting. Before convening in executive session the Chair shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session will be concluded. If the Council wishes to adjourn at the close of a meeting from executive session, that fact will be announced along with the estimated time for the executive session. The announced time limit for executive sessions may be extended to a stated later time by the announcement of the Chair. 2.6 Attendance of Media at Council Meetings: All official meetings of the Council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. 3. Chair and Duties 3.1 Chair: The Mayor, if present, shall preside as Chair at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a Chair. 3.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or, in his or her absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Clerk or Clerk's designee for the election of a temporary Chair. 3.3 Preservation of Order: The Chair shall preserve order and decorum; prevent attacks on personalities or the impugning of members' motives and confine members in debate to the question under discussion. 3.4 Points of Order: The Chair shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be "Shall the decision of the Chair be sustained?" 3.5 Questions to be Stated: The Chair shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon all questions. 3.6 Mayor - Powers: The Mayor may not make or second motions, but may participate in debate to the extent that such debate does not interfere with chairing the meeting. If the mayor wishes to participate vigorously in the debate of an issue, the Mayor shall turn over chairing of that portion of the meeting to the Mayor Pro Tem, or to another Council member if the Mayor Pro Tem is absent. The Mayor's voting rights and veto power are as specified in RCW 35A. 12. 100. 4. Order of Business and Agenda 4.1 Order of Business For Regular Meetings: The order of business for all regular meetings shall be transacted as follows unless the Council, by a majority vote of the members present suspends the rules and changes the order: (1) Call to Order (2) Pledge of Allegiance (3) Approval of the Agenda (4) Special Guests/Presentations/Proclamations (5) Public Comment (6) Consent Agenda (7) Public Hearings (8) Action Items (9) Comments from Council Members (10) Information/Administrator & Staff Reports (11) Mayor’s Report (12) Executive Session/Reconvene (13) Adjourn The Consent Agenda may contain items which are of a routine and non-controversial nature which may include, but are not limited to, the following: meeting minutes, payroll, claims, budget amendments, park use requests and any item previously approved by Council with a unanimous vote and which is being submitted to Council for final approval. Any item on the Consent Agenda may be removed and considered separately as an agenda item at the request of any Council member or any person attending a Council meeting. 4.2 Order of Business For Workshop Meetings: The order of business for all workshop meetings shall be transacted as follows unless the Council, by a majority vote of the members present suspends the rules and changes the order: (1) Call to Order (2) Pledge of Allegiance (3) Approval of the Agenda (4) Special Guests/Presentations (5) Workshop Items (6) Information/Administrator & Staff Reports (7) Mayor’s Report (8) Comments from Council Members/Councilmember Reports (9) Review of Consent Agenda Items for Next Meeting (10) Executive Session/Reconvene (11) Adjourn 4.3 Council Agenda: The mayor shall prepare the agenda for Council meetings. Subject to the Council's right to amend the agenda, no legislative item shall be voted upon which is not on the Council agenda, except in emergency situations (defined as situations which would jeopardize the public's health, safety or welfare). 4.4 Mayor and Council member Comments: The agenda shall provide a time when the Mayor ("Mayor's Report") or any Council member ("Comments From Council Members") may bring before the Council any business that he/she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, and deliberation may be deferred until a following Council Workshop. Any formal action on such matters (i.e., Council vote) may be taken at a subsequent Council meeting, except that immediate action may be taken upon a vote of a majority of all members of the Council. There shall be no lectures, speeches or grandstanding. 5. Consensus and Motions 5.1 Motions: No motion shall be entertained or debated until duly seconded and announced by the Chair. The motion shall be recorded and, if desired by any Council member, it shall be read by the Recorder before it is debated and, by the consent of the Council, may be withdrawn at any time before action is taken on the motion. 5.2 Votes on Motions: Votes shall be taken by voice vote; provided, that any member of the Council may request a roll call vote on any matter. Each member present shall vote on all questions put to the Council except on matters in which he or she has been disqualified for a conflict of interest or under the appearance of fairness doctrine. Such member shall disqualify him or herself prior to any discussion of the matter and shall leave the Council Chambers. When disqualification of a member or members results or would result in the inability of the Council at a subsequent meeting to act on a matter on which it is required by law to take action, any member who was absent or who had been disqualified under the appearance of fairness doctrine may subsequently participate, provided such member first shall have reviewed all materials and listened to all tapes of the proceedings in which the member did not participate. 5.3 Failure to Vote on a Motion: Any Council member present who fails to vote without a valid disqualification shall be declared to have voted in the affirmative on the question. 5.4 Motions to Reconsider: A motion to reconsider must be made by a person who voted with the majority on the principal question and must be made at the same or succeeding regular meeting. No motion to reconsider an adopted quasi-judicial written -decision shall be entertained after the close of the meeting at which the written findings were adopted. 6. Public Hearing Procedures 6.1 Speaker Sign-In: Prior to the start of a public hearing the Chair may require that all persons wishing to be heard sign in with the Recorder, giving their name and whether they wish to speak as a proponent, opponent or from a neutral position. Any person who fails to sign in shall not be permitted to speak until all those who signed in have given their testimony. The Chair, subject to the concurrence of a majority of the Council, may establish time limits and otherwise control presentations. (Suggested time limit is three minutes per speaker or five minutes when presenting the official position of an organization or group.) The Chair may change the order of speakers so that testimony is heard in the most logical groupings (i.e. proponents, opponents, adjacent owners, etc.). 6.2 Conflict of Interest/Appearance of Fairness: Prior to the start of a public hearing the Chair will ask if any Council member has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Council member from participating in the public hearing process. A Council member who refuses to step down after challenge and the advice of the City Attorney, a ruling by the Mayor or Chair and/or a request by the majority of the remaining members of the Council to step down is subject to censure. The Council member who has stepped down shall not participate in the Council decision nor vote on the matter. The Council member shall leave the Council Chambers while the matter is under consideration, provided, however, that nothing herein shall be interpreted to prohibit a Council member from stepping down in order to participate in a hearing in which the Council member has a direct financial or other personal interest. 6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public hearing and announces the following Rules of Order: (1) All comments by proponents, opponents or other members of the public shall be made from the podium; any individuals making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. (2) No comments shall be made from any other location. Anyone making "Out of Order" comments shall be subject to removal from the meeting. If you are disabled and require accommodation, please advise the Recorder. (3) There will be no demonstrations during or at the conclusion of anyone's presentation. (4) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising his/her right of free speech. · The Chair calls upon city staff to describe the matter under consideration. · The Chair calls upon proponents, opponents and all other individuals who wish to speak regarding the matter under consideration. · The Chair inquires as to whether any Council member has questions to ask the proponents, opponents, speakers or staff. If any Council member has questions, the appropriate individual will be recalled to the podium. · The Chair continues the public hearing to a time specific or closes the public hearing. 7. Duties and Privileges of Citizens 7.1 Meeting Participation: Citizens are welcome at all Council meetings and are encouraged to attend and participate prior to the deliberations of the Council. Recognition of a speaker by the Chair is a prerequisite and necessary for an orderly and effective meeting, be the speaker a citizen, Council member or staff member. Further, it will be expected that all speakers will deliver their comments in a courteous and efficient manner and will speak only to the specific subject under consideration. Anyone making out-of-order comments or acting in an unruly manner shall be subject to removal from the meeting. Use of cellular telephones is prohibited in the Council Chambers. 7.2 Subjects Not on the Current Agenda: Under agenda item "Comments From Citizens" citizens may address any item they wish to discuss with the Mayor and Council. They shall first obtain recognition by the Chair, state their name, address and subject of their comments. The Chair shall then allow the comments, subject to a three (3) minute limitation per speaker, or other limitations as the Chair or Council may deem necessary. Following such comments, if action is required or has been requested, the Chair may place the matter on the current agenda or a future agenda or refer the matter to staff or a Council committee for action or investigation and report at a future meeting. 7.3 Subjects on the Current Agenda: Any member of the public who wishes to address the Council on an item on the current agenda shall make such request to the Chair or Presiding Officer. The Chair shall rule on the appropriateness of public comments as the agenda item is reached. The Chair may change the order of speakers so that testimony is heard in the most logical grouping (i.e. proponents, opponents, adjacent owners, etc.). All comments shall be limited to three (3) minutes per speaker, or other limitations as the Chair or Council may deem necessary. 7.4 Manner of Addressing the Council - Time Limit: Each person addressing the Council shall step up to the podium, give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit his/her remarks to three (3) minutes. Agenda items "Comments From Citizens" and "Continued Comments From Citizens" shall be limited to a total of 30 minutes each, unless additional time or less time is agreed upon by the Council (dependent upon the length of the Council agenda). All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Chair, members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked of the Council members, except through the Chair. 'The Council will then determine the disposition of the issue (information -only, place on present agenda, workshop, a future agenda, assign to staff, assign to Council Committee or do not consider). 7.5 Personal and Slanderous Remarks: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council may be requested to leave the meeting and may be barred from further audience before the Council during that Council meeting by the Chair or Presiding Officer. 7.6 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the city's business or over which the Council had control at any time. The written communication may be submitted by direct mail or by addressing the communication to the City Clerk who will distribute copies to the Council members. The communication will be entered into the record without the necessity for reading as long as sufficient copies are distributed to members of the audience/public. 7.7 Comments in Violation of the Appearance Of Fairness Doctrine: The Chair may rule out of order any comment made with respect to a quasi-judicial matter pending before the Council or its Boards or Commissions. Such comments should be made only at the hearing on a specific matter. If a hearing has been set, persons whose comments are ruled out of order will be notified of the time and place when they can appear at the public hearing on the matter and present their comments. 7.8 ”Out of Order” Comments: Any person whose comments have been ruled out of order by the Chair shall immediately cease and refrain from further improper comments. The refusal of an individual to desist from inappropriate, slanderous or otherwise disruptive remarks after being ruled out of order by the Chair may subject the individual to removal from the Council Chambers. These rules are intended to promote an orderly system of holding a public meeting and to give every person an opportunity to be heard. 8. Filling Council Vacancies and Selecting Mayor Pro Tem 8.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow the procedures outlined in RCW 42.12.070. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy and the procedure and deadline for applying for the position. 8.2 Application Procedure: The Council will draw up an application form which contains relevant information that will answer set questions posed by Council. The application form will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Council member. 8.3 Interview Process: All candidates who submit an application by the deadline will be interviewed by the Council during a regular or special Council meeting open to the public. The order of the interviews will be determined by drawing the names; in order to make the interviews fair, applicants will be asked to remain outside the Council Chambers while other applicants are being interviewed. Applicants will be asked to answer questions submitted to them in advance of the interview and questions posed by each Council member during the interview process. The Council members will ask the same questions of each candidate. Each candidate will then be allowed two (2) minutes for closing comments. Since this is not a campaign, comments and responses about other applicants will not be allowed. 8.4 Selection of Council member: The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill the vacancy will be conducted during an open public meeting. 8.5 Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem and Alternate Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) years before appointment to the office of Mayor Pro Tem. • The Mayor Pro Tem will generally be selected from the eligible Council members who have served the longest in office. The Alternate Mayor Pro Tem will be the Council member that most recently served as Mayor Pro Tem. 9. Creation of Committees, Boards and Commissions 9.1 Citizen Committees, Boards and Commissions: The Council may create committees, boards and commissions to assist in the conduct of the operation of city government with such duties as the Council may specify not inconsistent with the city code. 9.2 Membership and Selection: Membership and selection of members shall be as provided by the Council if not specified otherwise in the city code. Any committee, board or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the Mayor except as otherwise specified in the city code. 10. City Code of Ethics 10.1. Personal integrity. The professional and personal conduct of City elected officials must be above reproach and avoid even the appearance of impropriety. City elected officials shall endeavor to treat citizens equally and with respect and shall refrain from abusive conduct, threats of official action, personal accusations or verbal attacks upon the character or motives of other members of the Mayor or Council, boards and commissions, the staff or public. City elected officials shall maintain truthfulness and honesty and not compromise them for advancement, honor, or personal gain. Additionally, City elected officials shall not directly or indirectly induce, encourage or aid anyone to violate the Code of Ethics and it is incumbent upon City elected officials to make a good faith effort to address apparent violations of this Code of Ethics. 10.2. Respect for Process. City elected officials shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. 10.3. Conduct of Public Meetings. City elected officials shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 10.4. Decisions Based on Merit. City elected officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 10.5. Public Disclosure. City elected officials shall publicly disclose substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process. Council members shall represent when making public statements that opinions stated are the Member's own and do not necessarily represent those of the Council unless the Council has voted and passed an ordinance, resolution or motion that so states the expressed policy. 10.6. Punishment. The Council has power under state law to impose punishment on its members, short of removal of office, for violation of state law or Council rules. If a member of the Council shall transgress these rules, the presiding officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the presiding officer shall transgress these rules or fail to call such member to order, any other member of the Council may, under a point of order, call the presiding officer or such other member to order, in which case the presiding officer or such member, as the case may be, shall be silent except to explain or continue in order. Additional consequences may include a verbal admonition, written reprimand, censure, expulsion from the meeting at which the conduct is occurring, removal of the Councilmember from the Council committee chair positions or committee memberships, or removal of intergovernmental duties, based on an affirmative vote of a majority of the Council; in such a vote the elected official shall not be entitled to vote. Expulsion for such behavior in the Council’s presence shall require the affirmative vote of a majority of the Council, specifying in the motion or order of expulsion the cause for expulsion. 11. Suspension and Amendment of These Rules 11.1 Suspension of these Rules: Any provision of these rules not governed by the city code may be temporarily suspended by a vote of a majority of the Council. 11.2 Amendment of These Rules: These rules may be amended or new rules adopted by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.