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HomeMy WebLinkAbout09-14-20 Council Workshop 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. To join the meeting, click here. Meeting ID: 883 1513 7925 Passcode: 020299 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Contract for Banking Services ATTACHMENT A Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jesica Stickles 2. Establish Online Marketplace to Support Small Businesses ATTACHMENT B using CARES Act Funds Staff Presentation: Sarah Lopez Council Liaison: Mayor Pro Tem Jesica Stickles 3. Bid Award for Island Crossing Span Wire ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 4. Resolution Waiving Bidding Requirements for Wastewater Purchase ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 5. Ordinance Establishing a Franchise Agreement with Puget Sound Energy ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Jan Schuette Arlington City Council Workshop Monday, September 14, 2020 at 7:00 pm 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. 6. Review of 2020 Comprehensive Plan docket items 1. Arlington Municipal Code Title 20 Zoning Revisions ATTACHMENT F-1 2. Airport Business Park Rezone ATTACHMENT F-2 3. Lot 19 Rezone ATTACHMENT F-3 4. Corner 9 Rezone ATTACHMENT F-4 5. 31st Ave Rezone ATTACHMENT F-5 6. City of Arlington York Park Rezone ATTACHMENT F-6 7. Arlington Municipal Code Chapter 20.40-1 (permissible use table) ATTACHMENT F-7 (Land Use Code Amendment) (non-docket) 8. National Foods Rezone (emergency non-docket) ATTACHMENT F-8 9. NorthPoint Development Rezone (emergency non-docket) ATTACHMENT F-9 Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] City Attorney Steve Peiffle RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles/Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A would be expiring April 2021. Earlier this year, Opus Bank was purchased by Pacific Premier Bank institutions that have been approved by the State of Washington. With the Opus Bank contract expiring in less than a year and uncertainty whether Pacific Premier would be approved by the State City of Arlington Council Agenda Bill Item: WS #2 Attachment B vendor. The Support-local platform was created in response to COVID-19, but is designed to ensure businesses thrive long after. Some of the areas already using the platform include Ballard, Capitol Hill, West Seattle, Hood River, and Bend, OR. Shopping and eating locally and safely is encouraged, especially with the upcoming winter and holiday season. Consumers want to support our small businesses, but connecting with these consumers has been a challenge. An Arlington local online marketplace is a location where small businesses can upload and promote their products, services, and offerings. Consumers can scroll through the online marketplace and place their orders directly with the business on the platform. The Stilly Valley Chamber of Commerce is willing to contract with support-local for one year, if the City will fund the project using Coronavirus relief funding. The platform setup and one year subscription is $9,500 for up to 100 businesses. To provide additional support to the businesses, staff recommends the City pay for technical assistance, with a maximum total of $10,000. Staff is also recommending an additional $2,500 for advertising. City of Arlington Council Agenda Bill Item: WS #2 Attachment B The Support Local platform is an online neighborhood marketplace created in response to COVID-19 and built to thrive long after. The Current Situation Small businesses have been hit the hardest by COVID-19, forcing them to change the way they conduct business in an effort to survive. • Even as the stay at home order is lifted, many businesses will experience less traffic and slower sales for months to come. • Our ‘new normal’ entails staying connected at a safe distance – shopping and eating locally, but safely. • Consumers are actively looking for ways to support small businesses in their neighborhood, and beyond. • Connecting with those consumers is one of the biggest challenges for small businesses. The Solution Connect consumers and small businesses more efficiently through a neighborhood ‘marketplace’. • Create a one-stop-shop where small businesses can upload and promote their products, services, or takeout/delivery offerings. • Make it incredibly easy for small businesses to use, giving businesses the opportunity to sell online, even if they’ve never had an online store to date. • Make it fun and easy for consumers to shop; as if they are strolling through the neighborhood they love (but online)! • Stretch marketing dollars further by driving traffic to one website/URL. The Support Local platform does all of this and more. Beyond the Pandemic While COVID-19 initiated this online marketplace – it’s positioned to be a long standing neighborhood staple. • Society will function much differently moving forward – • While people may slowly return to strolling the streets and shopping on-site, the desire to frequent one’s local neighborhood online will not diminish. • Many consumers will continue to keep their distance and prefer to shop and order food from home. • Convenience quite often takes precedence, and providing an online neighborhood shopping solution will not only be appreciated, it’ll be essential. • A local online marketplace helps money stay close to home, continuing to support small businesses and build community. Support Local is here for the long-haul. Platform Features • Quick to launch (the site can be up and running in 1 week) • Can be installed on the domain of choice • Fully ‘skinned’ to match the brand/personality of your neighborhood • Responsive (mobile and tablet friendly) • Business registration, login, and profile management • Product upload form, email notifications, and product management • Intuitive admin area • Shop page with categories and search capability • Takeout page with categories and search capability • Gift Card page with a listing of all gift cards for sale on the website • Classes page showcasing online classes in the community • Business page with business bio, website link, directions, store hours, etc • Curated Products page (optional) for upcoming holidays • Site-wide business search • Virtual tip jar functionality (optional) What does it look like? Shop Page Features categories, search, and business directory Product Detail Features product images, customizable Buy Now buttons, and other products from this business Takeout Page Features all restaurants offering takeout and buttons to order How does it work exactly, you ask? First the platform is ‘skinned’ to match the neighborhood’s brand vibe. It is then integrated into an existing neighborhood-specific site or unique URL The organization that is hosting/managing the marketplace (ex: Chamber of Commerce, Business Alliance, Neighborhood Alliance/Association, etc) then invites all local businesses to participate. Businesses sign-up and use a simple form to upload products, gift cards, or takeout/delivery information (they can return later to edit this information from their dashboard). All transactions occur directly between the merchant/restaurant and the customer. 100% of each sale goes directly to the seller (minus any third party transaction fees). Once the site is flush with goods, the managing organization promotes the site via PR and encourages merchants/restaurants to do the same with outreach to local blogs, news channels, social, etc – driving traffic to the marketplace and thus supporting the neighborhood businesses. 1 2 3 4 5 6 7 Implementation Package The one-time fee to launch this online marketplace is $5,000 + an ongoing monthly usage/license fee based on the number of participants (merchants/restaurants/etc) utilizing it: 0-100 participants = $500/month 100-200 participants = $700/month 200-300 participants = $900/month 300 + participants = $1200/month The usage/licensing package includes: > marketplace matching digital ad and social media graphic > call-to-action button for the managing organizations website > 3 hrs ongoing support/quarter > platform/theme maintenance > version update notification > marketplace marketing recommendations and guidance > marketplace link on the Support-Local.com website The Support Local team will be a continued partner to help ensure the success of your marketplace and thus the success of the businesses that utilize the site as a marketing tool. The platform and usage fee may be paid in full by the managing organization or via a sponsorship. Sponsors receive recognition with their logo positioned at the bottom of the marketplace and are considered a ‘Champion of Community’. Assuming that the managing partner or a sponsor pays the monthly usage fee, there is no cost to the merchants/restaurants to participate and they can opt out at any time. 1 2 3 4 5 * this initial $5,000 includes the licensing fee for the first 3 months * on average, this equates to $5 or less per merchant, per month Outreach The marketplace is promoted with a link from the Support-Local.com hub. A link to the marketplace is added to supporting neighborhood websites, ex: Chamber, BIA, SBA. Support Local provides a marketplace matching social media graphic and digital ad to share with merchants/restaurants as well as neighborhood alliances to assist in their promotion efforts via social media and email. Support Local provides ongoing recommendations for marketing, partnerships, and advertising for consideration. All participants work collectively to spread the word via personal networks. 1 2 3 4 5 Marketing Potentials Generally promoting the benefits of shopping local and supporting small businesses which can now easily be done online via the marketplace. The online marketplace is an ideal marketing tool for promoting small businesses to tourists to drive sales even when people are not able to travel and frequent their favorite shops in person. There are multiple cross promotion opportunities with local organizations within each community. Promotion of the Support-Local.com site will drive interest and awareness to all participating communities. The online marketplace can be promoted as a ‘Best of’ collection… marketing a curated selection of products. “A one stop shop for all the best products from _____.” 1 2 3 4 5 Ballard Marketplace unique users, first month the marketplace was live page views, the first month the marketplace was live click through to purchase products in one week 55,000 266 The first Support Local marketplace went live March 27th. Three more launched within the month – Within days of launch, small businesses were seeing an increase in sales and expressing their thanks. 15,000 Support Local – Statistics Capitol Hill Marketplace unique users, first two weeks the marketplace was live click through to purchase products in one week193 2,700 Take action and be a Champion of Community – We are in this together! Want to learn more or get started? Contact us with questions, for a demo of the platform, or to get the ball rolling! hello@support-local.com About DEI DEI Creative is a small, woman-owned design firm in Seattle. The majority of our clients are small businesses, so we created this platform as way to help champion those businesses. LEARN MORE ABOUT DEI Ballard, launched late March 18,556 unique users 24,704 sessions (meaning returning customers) 69,804 page views (meaning the users are moving well throughout the site) * over 1,000 leads to the merchant/retailer websites (meaning the user clicked the ‘buy now’ button)… this does not include how clicks on the takeout/delivery links on the restaurants page either, as that is not trackable currently for Ballard Capitol Hill, launched late April 5,450 unique users 7,181 sessions (meaning returning customers) 19,818 page views (meaning the users are moving well throughout the site) * over 700 leads to the merchant/retailer websites (meaning the user clicked the ‘buy now’ button) * Ballard launched a much more extensive marketing campaign to help spread the word… Capitol Hill only had a couple of write ups and a few ads placed to promote. It’s clear that marketing the site helps quite a bit! Here are a few comments Visit Ballard received from their retailers after launch: “We already sold out of one item and are close on a couple others. Hurrah! Thanks again for creating this awesome platform!!” “We’ve been super happy with the response – I sold $225 worth of products just today!” “BTW, I picked up some growlers from Adam at Skal this weekend – he (from 6 ft away) said GREAT JOB DEI re: the Ballard site! He was so impressed!!" And a snippet from a message we received from Visit Ballard: "AMAZING! Thanks for all the swift work you have done with our site – so happy other small businesses will benefit soon from additional promotional opportunities.” City of Arlington Council Agenda Bill Item: WS #3 Attachment C (Bids not yet qualified) DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $257,638.56 BUDGET CATEGORY: Transportation Improvement BUDGETED AMOUNT: Not budgeted - amendment possibly needed depending on other projects completed LEGAL REVIEW: DESCRIPTION: Review of the apparent low bids for the SR-530 and Smokey Point Blvd Temporary Traffic Signal Project (P02-460) for future award to the lowest qualified bidder. HISTORY: The City of Arlington, Snohomish County, WSDOT and the Stillaguamish Tribe of Indians recognize the dangerous nature of the SR-530 and Smokey Point Blvd intersection and have been working together to develop an interim signal plan that will control traffic movements through this intersection until the permanent solution of a roundabout can be installed. A temporary span-wire signal system has been City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: September 14, 2020 SUBJECT: Sole Source Resolution – Water Reclamation Facility (WRF) Procurement of Aerzen Blower ATTACHMENTS: DRAFT Sole Source Resolution DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $43,370.88 BUDGET CATEGORY: Sewer Improvement Fund 406 BUDGETED AMOUNT: $80,000 LEGAL REVIEW: DESCRIPTION: Request for sole source authorization allowing the City to waive Washington Public Works bid requirements and allow the City to purchase blowers directly from the manufacturer, Aerzen USA Corporation. HISTORY: The City’s 2011 WRF upgrade included the installation of three Aerzen blowers, model GM-90-S, for the operation of the plant’s Membrane Bio-Reactor (MBR) system. The plant piping, foundations, and control system were specifically designed for these blowers; replacement with any other type of blower will require a major plant retrofit. With recent City expansion and increased sewer flows, all three blowers must operate to fully serve the MBR system. This means the WRF does not have a spare blower and, should a blower fail, the City could Remand to staff for further evaluation RECOMMENDED MOTION: Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the Sole Source Resolution allowing the City to purchase blowers directly from Aerzen USA Corporation, and authorize the Mayor to sign the resolution.” RESOLUTION 2020-XXX 1 RESOLUTION NO. 2020-0XX A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BIDDING REQUIREMENTS FOR THE PURCHASE AND OR REPLACEMENT OF THE MBR BLOWERS FOR USE BY THE CITY OF ARLINGTON WASTEWATER DEPARTMENT WHEREAS, the City of Arlington Wastewater Department treats wastewater for all of its customers; and WHEREAS, the Wastewater Treatment Plant operates a membrane bio-reactor for the treatment and processing of wastewater, and the membrane bio-reactor system requires high air flow from blowers to clean the membranes necessary for the safe and continued operation of the membrane bio-reactor; and WHEREAS, the Wastewater Treatment Plant membrane bio-reactor was specifically designed and programmed to operate with Aerzen blowers and substitution with any other type blower would require significant engineering and retrofit; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington finds that replacing the membrane bio-reactor blowers with the make and model blower originally designed for the wastewater treatment plant is in the best interest of the City and its citizens and thus clearly limits the City of Arlington to a single source of supply, justifying the waiver of competitive bidding requirements. Section 2: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of membrane bio-reactor blowers for use by the City of Arlington Wastewater Department and authorizes sole source purchasing from Aerzen USA Corporation. Section 3: This resolution will be effective for three (3) years from the date of adoption. APPROVED by the Mayor and City Council of the City of Arlington this _____day of September, 2020. CITY OF ARLINGTON ___________________________________ Barbara Tolbert, Mayor RESOLUTION 2020-XXX 2 ATTEST: _____________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _____________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: September 14, 2020 SUBJECT: Ordinance granting Puget Sound Energy a franchise to provide utility service within Arlington City imits. ATTACHMENTS: DRAFT Ordinance for Puget Sound Energy Franchise Agreement DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: An ordinance establishing a Franchise Agreement with Puget Sound Energy to provide for the transmission, distribution and sale of natural gas within Arlington city limits. HISTORY: Puget Sound Energy (PSE) has been providing natural gas to Snohomish County businesses and residents for many years. PSE is in a unique situation of being brought into the city limits as a result of annexations, after which a franchise agreement between PSE and the City of Arlington was never established. Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the Ordinance granting Puget Sound Energy a franchise for the transmission, distribution and sale of natural gas within Arlington city limits, pending final review by the City Attorney.” Page 1 ORDINANCE NO. 2020-XXX ORDINANCE NO. 2020-0XX AN ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA TO PROVIDE FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL GAS FOR POWER, HEAT AND LIGHT, AND ANY OTHER PURPOSES FOR WHICH NATURAL GAS AND ELECTRIC ENERGY MAY BE USED. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. 1.1 Where used in this franchise (the "Franchise") the following terms shall mean: 1.1.1 “PSE" means Puget Sound Energy Inc., a Washington corporation, and its successors and assigns. 1.1.2 “City" means the City of Arlington, a Municipal Corporation within the State of Washington, and its successors and assigns. 1.1.3 “Franchise Area" means any, every and all right-of-way for public roads, streets, avenues, alleys, highways, and other public ways of the City as now laid out, platted, dedicated or improved; and any, every and all right-of-way for public roads, streets, avenues, alleys, highways, and other public ways that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended. For the purpose of this definition, right-of-way includes property owned by the City and used for public roads and other public ways of the City. 1.1.4 “Facilities" means, collectively, any and all (i) natural gas distribution systems, including but not limited to, gas pipes, pipelines, mains, laterals, conduits, feeders, regulators, meters, meter-reading devices, and communication systems; and (ii) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or under ground. 1.1.5 “Ordinance" means Ordinance No. 2020-XXX, which sets forth the terms and conditions of this Franchise. 1.1.6 "Public right of way improvement" is a City-funded capital improvement to the Franchise Area. Page 2 ORDINANCE NO. 2020-XXX Section 2. Facilities within Franchise Area. 2.1 The City does hereby grant to PSE the right, privilege, authority and franchise to set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area to provide for the transmission, distribution and sale of gas for power, heat, light and such other purposes for which gas may be used. Section 3. Noninterference of Facilities. 3.1 PSE’s Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the free passage of traffic and in accordance with the laws of the State of Washington and the City. PSE shall exercise its rights within the Franchise Area in accordance with applicable City codes and ordinances governing use and occupancy of the Franchise Area; provided, however, in the event of any conflict or inconsistency of such codes and ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by such City codes and ordinances. 3.2 PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities at specific locations within the Franchise Area and shall provide field markings of its underground Facilities within the Franchise Area for the design of City projects at no cost to the City. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 4. Relocation of Facilities. 4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4.2 below), the City shall: 4.1.1 Provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 4.1.2 Provide PSE with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City, The City will makes its best efforts to avoid the need for such moving or changing whenever possible. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities Page 3 ORDINANCE NO. 2020-XXX pursuance to this Section 4.1, the City shall bear the entire cost of the subsequent relocation. In the event the City receives any federal, state or other funds for gas line relocating purposes, PSE will be given credit to the extent any such funds are actually received by the City. 4.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4.3 Any condition or requirement imposed by the City upon any person or entity, other than PSE, that requires the relocation of PSE's Facilities shall be a required relocation for purposes of paragraph 4.2 above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development). 4.4 Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise. Section 5. Indemnification. 5.1 PSE hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by PSE's own employees for which PSE might otherwise be immune under Title 51 RCW, for injury or death of any person or damage to property caused by or arising out of the negligent acts or omissions of PSE, its agents, servants, officers or employees in the performance of this Franchise, and any rights granted hereunder. The foregoing shall not be interpreted or construed as a waiver of PSE's right to assert any such immunity, defense, or protection directly against any of its own employees, or such employees' estates or other personal representatives. If PSE is required to indemnify and defend the City, PSE shall control the defense. PSE shall not settle such claim, judgment, award or liability without the consent of the City, which consent shall not be unreasonably withheld. This section is not, and shall not be interpreted or shall not constitute as to third parties, a waiver of any defense or immunity available to either Party. PSE, in defending any suit, action, claim or proceeding on behalf of the City, shall be entitled to assert in any such suit, action, claim or proceeding every defense or immunity the City could assert on its own behalf. This Franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability pursuant to Washington law or statute. 5.2 Inspection or acceptance by the City of any work performed by PSE at the time of completion of construction shall not be grounds for avoidance by PSE of any of its obligations under this Section 5. Said indemnification obligations shall extend to claims which are properly tendered to PSE but are not reduced to a suit and any claims so tendered which may be compromised prior to the culmination of any litigation or the institution of any litigation. Page 4 ORDINANCE NO. 2020-XXX 5.3 In the event that PSE refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification provision contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of PSE, then PSE shall pay all of the City's costs for defense of the action, including all expert witness fees, costs, and attorney's fees, including costs and fees incurred in recovery under this indemnification provision. 5.4 In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of PSE and the City, its officers, employees and agents, PSE's liability hereunder shall be only to the extent of PSE's negligence. It is further specifically and expressly understood that the indemnification provision provided herein constitutes PSE’s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section shall survive the expiration or termination of this Franchise. Section 6. Insurance 6.1 PSE shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to PSE by this Franchise. PSE shall provide a copy of a Certificate of Insurance to the City for its inspection prior to the adoption of this Franchise Ordinance, and such insurance certificate shall evidence a policy of insurance that includes: 6.1.1 Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per occurrence for bodily injury and property damage; and 6.1.2 Commercial General Liability insurance, with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products and completed operations; broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 6.2 PSE may satisfy the requirements of Section 6.1 by a self-insurance program or membership in an insurance pool providing substantially the same coverage as set forth above. Upon the City's request, PSE shall provide the City with reasonable written evidence that PSE is maintaining such self-insurance. Section 7. Vacation or Disposal of Franchise Area. 7.1 In the event the City considers vacating or disposing of any portion of the Franchise Area during the term of this Franchise, the City shall provide PSE prior written notice of the same to allow PSE the opportunity to review and comment on the proposed vacation. Thereafter, unless otherwise requested by PSE, the City shall, in its vacation or disposal procedure reserve an easement for existing utilities suitable for PSE's Facilities based on the input received from PSE unless the Arlington City Council finds that such reservation conflicts with the best interests of the public welfare and the City. Page 5 ORDINANCE NO. 2020-XXX Section 8. Default. 8.1 If PSE willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given PSE by the City under the provisions of this Franchise, the City may serve upon PSE a written order to so comply within sixty (60) days from the date such order is received by PSE. If PSE is not in compliance with this Franchise after expiration of said sixty (60) day period, the City may, by ordinance, declare an immediate forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by PSE cannot be corrected with due diligence within said sixty (60) day period (PSE's obligation to comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time within which PSE may so comply shall be extended for such time as may be reasonably necessary and so long as PSE commences promptly and diligently to effect such compliance.. Section 9. Remedies to Enforce Compliance. 9.1 The City may elect, having first provided PSE with a written order to comply and the opportunity to cure such noncompliance in accordance with Section 8, in lieu of the remedies provided by Section 8 and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling PSE to comply with the provisions of this Ordinance and to recover damages and costs incurred by the City by reason of PSE's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force PSE and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 10. City Ordinances and Regulations. 10.1 Except as otherwise provided by Section 3.1 with respect to any conflict or inconsistency with the terms and conditions of this Franchise: 10.1.1. nothing herein shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public; 10.1.2. the City shall have the authority at all times to control by appropriate regulations the location, elevation, manner of construction and maintenance of any Facilities within the Franchise Area by PSE; 10.1.3. PSE shall promptly conform with all such regulations, unless compliance would cause PSE to violate other requirements of law or applicable regulation; and 10.1.4. the provisions of Arlington Municipal Code shall apply to performance of the conditions of this Franchise. Page 6 ORDINANCE NO. 2020-XXX Section 11. Nonexclusive Franchise. 11.1 This Franchise is not, and shall not be deemed to be, an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area that do not interfere with PSE's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. Section 12. Franchise Term. 12.1 This Franchise is and shall remain in full force and effect for a period of twenty (20) years from and after the effective date of the Ordinance; provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. Section 13. Assignment. 13.1 This Franchise may not be assigned or transferred without the written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. PSE shall provide prompt written notice to the City of any such assignment or transfer, and all of the provisions, terms, conditions, and requirements this Franchise shall be binding upon successors and assigns as if they were specifically mentioned wherever PSE is named herein. Notwithstanding the foregoing, PSE shall have the right to mortgage its rights, benefits and privileges in and under this Franchise for the benefit of bondholders. Section 14. Acceptance. 14.1 Within sixty (60) days after the passage and approval of this Ordinance, this Franchise may be accepted by PSE by its filing with the City Clerk an unconditional written acceptance thereof. Failure of PSE to so accept this Franchise within said period of time shall be deemed a rejection thereof by PSE, and the rights and privileges herein granted shall, after the expiration of the sixty day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 15. Survival. 15.1 All of the provisions, terms, conditions and requirements of this Franchise as may be reasonably construed to survive the expiration or termination of this Franchise (including Sections 4, Relocation of Facilities; 5, Indemnification; and 6, Insurance) shall survive the termination or expiration of this Franchise and any renewals or extensions thereof. Page 7 ORDINANCE NO. 2020-XXX Section 16. Notice. 16.1 Any notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF ARLINGTON PUGET SOUND ENERGY, INC. Public Works Director P.O. Box 97034 EST04W 238 N. Olympic Ave. Bellevue, WA 98009-9734 Arlington, WA 98223 Attn: Municipal Relations With a copy to: Puget Sound Energy, Inc. P.O. Box 90868 Bellevue, WA 98009-0868 Attn: General Counsel The parties may change their respective notice addresses and designated recipient by written notice to the other party at any time. Section 17. Severability. 17.1 If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations hereunder, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such courts' ruling. Section 18. Miscellaneous. 18.1 If any provision, term, condition or portion of this Franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise, which shall continue in full force and effect. The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 18.2 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, Page 8 ORDINANCE NO. 2020-XXX license, agreement or other document specifically: 18.2.1 references this Franchise; and 18.2.2 states that it supersedes this Franchise to the extent it contains terms and conditions that change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. 18.3 This Franchise is subject to the provisions of any applicable tariff on file with the Washington Utilities and Transportation Commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. Section 19. No Third Party Beneficiary. 19.1 Nothing in this Franchise shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party, nor confer any right or remedy upon any person other than the City and PSE. No action may be commenced or prosecuted against either the City or PSE by any other party claiming beneficiary of this Franchise and nothing this Franchise shall release or discharge any obligation or liability of any third party to either the City or PSE. Section 20. Effective Date. 20.1 This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect (5) days after passage and publication of an approved summary thereof consisting of the title. Section 21. Cost of Publication. 21.1 The cost of the publication of this Ordinance shall be borne by PSE. Passed by the City Council of the City of Arlington the _______ day of __________________, 2020. APPROVED: BARBARA TOLBERT, MAYOR Page 9 ORDINANCE NO. 2020-XXX ATTEST/AUTHENTICATED: WENDY VAN DER MEERSCHE, CITY CLERK APPROVED AS TO FORM: BY: CITY ATTORNEY, STEVEN J. PEIFFLE City of Arlington Council Agenda Bill Item: WS #6 Attachment F-1 (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. ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE CHANGES TO AMC TITLE 20, CHAPTER 20.36 ZONING DISTRICTS AND ZONING MAP ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #672) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed changes to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map, Land Use Map amendments and Concurrent Rezones (PLN #672) and conducted an open record public hearing on August 18, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed revisions to AMC Chapter 20.36 comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. This request for additional zoning tools and changes to AMC Title 20 contribute directly to the City’s ability to provide a sufficient mix of walkable neighborhoods, housing densities, and “missing middle” housing types to meet future population absorption requirement’s; b. The proposed amendment is consistent with the goals, objectives, and policies within the Land Use, Housing and Economic Development elements of the 2015 comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: general conformance with adjacent land use and the surrounding development pattern, and with zoning Deleted: ORDINANCE NO. 2020-XXX 2 Deleted: f. These amendments are consistent with County-wide Planning Policies, PSRC’s proposed Vision 2050, and elements of the Growth Management Act ; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the amendments to AMC Title 20, Chapter 20.36 Zoning Districts and Zoning Map, Arlington Land Use Map Amendment and Concurrent Rezones (PLN #672). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be reclassified from Suburban Residential to Residential Ultra Low Capacity, Residential Low to Moderate Density to Residential Low Capacity, and Residential High Density zoning to Residential High Capacity. Two new zoning classifications have been added to Chapter 20.36, the new zoning classifications shall be Residential Moderate Capacity, and Residential Medium Capacity. A new commercial zone, Commercial Corridor, has also been added and the City’s official zoning map shall be amended to reflect these changes as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: Deleted: is suited for the uses allowed in the proposed zoning Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE NO. 2020-XXX 3 Deleted: ______________________________ Steven J. Peiffle City Attorney 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 ¥¨§5 ?Ó ?Ô ?| MPN MPN HC RMOC GI RL C RL C GC GC GC GI L I MS NC NC NC GC P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP RHC RHC RHC RHC RHC RHC RL C OT RD BP OT BD - 1 P/SP MS P/SP P/SP P/SP P/SP NC HC RL CRL C L I L I RL C GC RU L C RMOC HC RL C RHC RL C RHC RHC BPRMC BP HC RL C RL C GC GI L I GCNC P/SP P/SP P/SP P/SP RHC RL C RL C AF OT BD - 2 OT BD - 3 RL C RL C RL C RL C GC RU L C RL C P/SP HC RL C P/SP OT BD - 3 P/SP P/SP OT BD - 2 OT BD - 2 HC RL C RHC RHC GC GC RU L C P/SP GC GC NC RHC RHC NC GC RL C RL CRMC RL C RMOC RMOC RMOC RMOC RU L C RL C RMOC GCSR 531 AIRPORT B L V D 204T H ST NE 79T H D R N E 35TH AVE NE 168TH ST NE 179T H PL NE NORTHST SR 530 SR 530 25TH AVE NE 166THPLNE 172ND ST NE E 3RD ST ARLINGTON HEIGHTSRD 87TH AVE NE OSPREY RD 156TH ST NE IRONWOODST 211THPLNE 156T H ST NE LOISLN 165THST NE 168T H ST NE 80TH AVE NE KONADR 79TH AVE NE S OLYMPIC AVE 41STDRNE 207T H ST NE 176THSTNE BRO A D W A Y S T 19TH AVE NE TVEITRD SR 531 N WEST AVE 111THAVENE N FRENCH AVE EDIVISION ST SR 9 SR 9 SR 9 SR 9 E HIGHLAND DR 59TH AVE NE 186TH ST NE E 1ST ST 77TH AVE NE FIR L N 200T H ST NE 92NDAVENE 19TH DR NE 156T H ST NE 27TH AVE NE 91ST D R N E 16T H D R N E TOPPER CT SR 9 188TH ST NE 200TH PL NE 49TH AVE NE 179TH ST NE SM O K E Y P O I N T B L V D 196THPLNE 89T H A VENE 71STDRNE 162ND ST NE NOBLE DR 65THDRNE 176TH PL NE S COBB AVE 101STDRNE 85TH AVE NE 201ST ST NE 73RD AVE NE 200TH STNE SR 531 195THSTNE 97TH AVE NE 66THAVENE 199TH ST NE SWESTAVE 46TH DR NE 84TH AVENE 46TH AVE NE 99THAVENE 51ST D R N E 64TH DR NE 208T H ST NE 81ST DR NE 196T H ST NE 71ST AVE NE 77THAVENE 182ND ST NE 178THPL NE 51ST AVE NE 85TH AVE NE 74THAVE NE 190THPLNE 183RD PL NE 62N D D R N E 184TH ST NE 178T H ST NE 101ST AVE NE 169THST NE169T H PL NE 25TH AVE NE 191ST PL NE 164T H ST NE 169TH AVE NE 207TH ST NE 206THSTNE 62ND AVE NE 32ND AVE NE 174TH PL NE 46TH AVE NE 178T H PL NE 175TH PL NE 39T H A V E 175TH PL NE 71STDRNE 59TH AVE NE 192NDSTNE S HAZ E L S T E JACKSON ST 66TH AVE NE 188T H ST NE 95TH AVE NE OX F O R D D R 97T H AVE NE N AL C A Z A R A V E 47TH AVE NE WHITEHAWKDR 40TH AVENE 63RD AVENE PORTAGE ST BOV EE L N 192ND ST NE 155T H ST NE 91ST AVE NE 42NDDRNE DU N H A M A V E 79TH AVE NE E 5T H ST 180T H ST NE 186T H PL NE 89TH AVE NE 43RD AVE NE 197T H ST NE KNOLLDR 19TH AVE NE WJENSEN ST 190T H ST NE CEMETERY RD 195T H ST NE 188T H ST NE 156T H ST NE 31STDR NE 23RD AVE NE 177THPLNE VALLEYVIEWDR 83R D D R N E 171ST PL NE 88T H D R N E 11TH AVE NE 176T H PL NE 226T H PL N E REDHAWKDR GREYWALLSDR 192ND PL NE S CEDARBOUGHLOOP E 2ND ST 168T H S T N E 33RDAVE NE 89TH AVE NE 173RD PL 162NDSTNE 99THDRNE S FRENCH AVE 182ND PL NE S MACLEOD AVE 162NDPLNE 160T H ST NE 106THAVENE 17TH AVE NE E DIVISION ST 169T H PL NE 73RDAVENE 19TH DR NE 15TH AVE NE 103RDDRNE CHAMPIONSDR E BURKE AVE 158T H ST NE 196TH PL NE 199THSTNE GLENEAGLEBLVD 80TH DR NE 190T H PL NE 220TH ST NE 11TH AVE NE NEWPORTDR 27TH AVE NE FORT Y F I V E R D HIGHCLOVERBLVD NE 79T H D R N E 67TH AV E NE 35TH AVE NE VISTADR 59T H D R N E 157THSTNE 180T H ST NE HAWKSVIEW DR SMOKEYPOINT DR 23RD DR NE 31ST AVE NE N MACLEOD AVE 37TH AVE NE 182ND ST NE 95TH AVE NE N OLYMPIC AVE OLYMPICPL N DUNHAM AVE MARANATHARD HIGHLAND VIEWDR L AKEWOOD RD HWY 531 WOODLANDSWAY 45TH DR NE 15TH AVE NE BU R N R D WO O D B I N E D R ARLINGTONVALLEYROAD MCPHERSONRD SPRINGLANEAVE W COUNTRYCLUBDR SCHLOMANRD 59T H D R N E 103RDAVENE 160TH ST NE ARL INGT ON HEIGHT S R D 47TH AVE NE ECOUNTRYCLUBDR 63RD AVE NE 43RD AVE NE 152ND ST NE 6THAVENE 40T H D R N E 107TH AVE NE 172ND ST NE 23RD AVE NE I- 5 E GILMAN AVE 164T H ST NE EAGLEFIELD DR OL D B U R N R D 204TH S T NE 67TH AVE NE MORANRD 234T H ST NE CROWNRIDGEBLVD 107TH AVE NE TWIN LAKES AVE PIONEER HWY E 188TH ST NE DIKE RD 236T H ST NE 200T H ST NE I- 5 JORDANRD MC E L R O Y R D 27TH AVE NE Ma ps a n d GIS da ta a re distrib uted “AS-IS” without wa rra n ties of a n y kin d, either express orim plied, in cludin g b ut n ot lim ited to wa rra n ties of suita b ility for a pa rticula r purpose or use. Ma pda ta a re com piled from a va riety of sources which m a y con ta in errors a n d users who rely upon thein form a tion do so a t their own risk. U sers a gree to in dem n ify, defen d, a n d hold ha rm less the Cityof Arlin gton for a n y a n d a ll lia b ility of a n y n a ture a risin g out of or resultin g from the la ck ofa ccura cy or correctn ess of the da ta , or the use of the da ta presen ted in the m a ps. " 0 1,500 3,000750 Feet Z on in gProposed2020upda te2.m xd City of ArlingtonZoning (proposed) Sca le: File: a kc2/26/2020 Legend CC - Com m ercia l Corridor City L im its City of Arlin gton U GA Pub lic ROW Priva te Pa rcels (Sn oCo) Wa ter Body's Strea m s Da te:Ca rtogra pher: Legend Zoning (proposed) RU L C - Residen tia l U ltra L ow Ca pa city RL C - Residen tia l L ow Ca pa city RMOC - Residen tia l Modera te Ca pa city RMC - Residen tia l Medium Ca pa city RHC - Residen tia l High Ca pa city NC = Neighb orhood Com m ercia l OT RD = Old T own Residen tia l District OT BD - 1 = Old T own Busin ess District 1 OT BD - 2 = Old T own Busin ess District 2 OT BD - 3 = Old T own Busin ess District 3 GC = Gen era l Com m ercia l HC = Highwa y Com m ercia l BP = Busin ess Pa rk L I = L ight In dustria l GI = Gen era l In dustria l P/SP = Pub lic/Sem i-Pub lic MS = Medica l Services AF = Avia tion Flightlin e 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 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. (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. ¥¨§5 ?Ó ?Ô ?| MPN MPN HC RMOC GI RLC RLC GC GC GC GI LI MS NC NC NC GC P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP P/SP RHC RHC RHC RHC RHC RHC RLC OTRD BP OTBD - 1 P/SP MS P/SP P/SP P/SP P/SP NC HC RLCRLC LI LI RLC GC RULC RMOC HC RLC RHC RLC RHC RHC BPRMC BP HC RLC RLC GC GI LI GCNC P/SP P/SP P/SP P/SP RHC RLC RLC AF OTBD - 2 OTBD - 3 RLC RLC RLC RLC GC RULC RLC P/SP HC RLC P/SP OTBD - 3 P/SP P/SP OTBD - 2 OTBD - 2 HC RLC RHC RHC GC GC RULC P/SP GC GC NC RHC RHC NC GC RLC RLCRMC RLC RMOC RMOC RMOC RMOC RULC RLC RMOC GCSR 531 AIRPORT BLVD 204TH ST NE 79TH DR NE 35TH AVE NE 168TH ST NE 179TH PL NE NORTHST SR 530 SR 530 25TH AVE NE 166THPLNE 172ND ST NE E 3RD ST ARLINGTON HEIGHTSRD 87TH AVE NE OSPREY RD 156TH ST NE IRONWOODST 211THPLNE 156TH ST NE LOISLN 165THST NE 168TH ST NE 80TH AVE NE KONADR 79TH AVE NE S OLYMPIC AVE 41STDRNE 207TH ST NE 176THSTNE BROADWAY ST 19TH AVE NE TVEITRD SR 531 N WEST AVE 111THAVENE N FRENCH AVE EDIVISION ST SR 9 SR 9 SR 9 SR 9 E HIGHLAND DR 59TH AVE NE 186TH ST NE E 1ST ST 77TH AVE NE FIR LN 200TH ST NE 92NDAVENE 19TH DR NE 156TH ST NE 27TH AVE NE 91ST DR NE 16TH DR NE TOPPER CT SR 9 188TH ST NE 200TH PL NE 49TH AVE NE 179TH ST NE SMOKEY POINT BLVD 196THPLNE 89TH AVENE 71STDRNE 162ND ST NE NOBLE DR 65THDRNE 176TH PL NE S COBB AVE 101STDRNE 85TH AVE NE 201ST ST NE 73RD AVE NE 200TH STNE SR 531 195THSTNE 97TH AVE NE 66THAVENE 199TH ST NE SWESTAVE 46TH DR NE 84TH AVENE 46TH AVE NE 99THAVENE 51ST DR NE 64TH DR NE 208TH ST NE 81ST DR NE 196TH ST NE 71ST AVE NE 77THAVENE 182ND ST NE 178THPL NE 51ST AVE NE 85TH AVE NE 74THAVE NE 190THPLNE 183RD PL NE 62ND DR NE 184TH ST NE 178TH ST NE 101ST AVE NE 169THST NE169TH PL NE 25TH AVE NE 191ST PL NE 164TH ST NE 169TH AVE NE 207TH ST NE 206THSTNE 62ND AVE NE 32ND AVE NE 174TH PL NE 46TH AVE NE 178TH PL NE 175TH PL NE 39TH AVE 175TH PL NE 71STDRNE 59TH AVE NE 192NDSTNE S HAZEL ST E JACKSON ST 66TH AVE NE 188TH ST NE 95TH AVE NE OXFORD DR 97TH AVE NE N ALCAZAR AVE 47TH AVE NE WHITEHAWKDR 40TH AVENE 63RD AVENE PORTAGE ST BOVEE LN 192ND ST NE 155TH ST NE 91ST AVE NE 42NDDRNE DUNHAM AVE 79TH AVE NE E 5TH ST 180TH ST NE 186TH PL NE 89TH AVE NE 43RD AVE NE 197TH ST NE KNOLLDR 19TH AVE NE WJENSEN ST 190TH ST NE CEMETERY RD 195TH ST NE 188TH ST NE 156TH ST NE 31STDR NE 23RD AVE NE 177THPLNE VALLEYVIEWDR 83RD DR NE 171ST PL NE 88TH DR NE 11TH AVE NE 176TH PL NE 226TH PL NE REDHAWKDR GREYWALLSDR 192ND PL NE S CEDARBOUGHLOOP E 2ND ST 168TH ST NE 33RDAVE NE 89TH AVE NE 173RD PL 162NDSTNE 99THDRNE S FRENCH AVE 182ND PL NE S MACLEOD AVE 162NDPLNE 160TH ST NE 106THAVENE 17TH AVE NE E DIVISION ST 169TH PL NE 73RDAVENE 19TH DR NE 15TH AVE NE 103RDDRNE CHAMPIONSDR E BURKE AV E 158TH ST NE 196TH PL NE 199THSTNE GLENEAGLEBLVD 80TH DR NE 190TH PL NE 220TH ST NE 11TH AVE NE NEWPORTDR 27TH AVE NE FORTY FIVE RD HIGHCLOVERBLVD NE 79TH DR NE 67TH AVE NE 35TH AVE NE VISTADR 59TH DR NE 157THSTNE 180TH ST NE HAWKSVIEW DR SMOKEYPOINT DR 23RD DR NE 31ST AVE NE N MACLEOD AVE 37TH AVE NE 182ND ST NE 95TH AVE NE N OLYMPIC AVE OLYMPICPL N DUNHAM AVE MARANATHARD HIGHLAND VIEWDR LAKEWOOD RD HWY 531 WOODLANDSWAY 45TH DR NE 15TH AVE NE BURN RD WOODBINE DR ARLINGTONVALLEYROAD MCPHERSONRD SPRINGLANEAVE W COUNTRYCLUBDR SCHLOMANRD 59TH DR NE 103RDAVENE 160TH ST NE ARLINGTON HEIGHTS RD 47TH AVE NE ECOUNTRYCLUBDR 63RD AVE NE 43RD AVE NE 152ND ST NE 6THAVENE 40TH DR NE 107TH AVE NE 172ND ST NE 23RD AVE NE I-5 E GILMAN AVE 164TH ST NE EAGLEFIELD DR OLD BURN RD 204TH S T NE 67TH AVE NE MORANRD 234TH ST NE CROWNRIDGEBLVD 107TH AVE NE TWIN LAKES AVE PIONEER HWY E 188TH ST NE DIKE RD 236TH ST NE 200TH ST NE I-5 JORDANRD MCELROY RD 27TH AVE NE Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express orimplied, includin g b ut not limited to wa rra nties o f suitability for a pa rticu lar purpose or use. Mapdata a re compiled fro m a variety o f sources which may co nta in errors an d u sers wh o rely up on theinformation do so a t th eir own risk. Users a gree to indemnify, defend , and ho ld harmless the Cityof Arlington for a ny an d a ll lia bility of an y nature arising out of or resu lting from th e lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. " 0 1,500 3,000750 Feet ZoningProposed2020update2.mxd City of ArlingtonZoning (proposed) Scale: File: akc2/26/2020 Legend CC - Comm ercial Corridor City Limits City of Arlington UGA Public ROW Private Parcels (SnoCo) Water Body's Streams Date:Cartographer: Legend Zoning (propos ed) RU LC - R esidential Ultra Low Capacity RLC - Residential Low C apacity RMOC - Residential Moderate Capacity RMC - Residential Medium Capacity RH C - R esidential H igh Capacity NC = N eighborhood Commercial OTRD = Old Town R esidential District OTBD - 1 = Old Tow n Business District 1 OTBD - 2 = Old Tow n Business District 2 OTBD - 3 = Old Tow n Business District 3 GC = General C ommercial HC = H ighway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline City of Arlington Council Agenda Bill Item: WS #6 Attachment F-2 provide the City greater flexibility in meeting the requirements of development, and market demand ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE AIRPORT BUSINESS PARK PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #666) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Airport Business Park Property Land Use Map amendment and Concurrent Rezone (PLN #666) and conducted an open record public hearing on August 18, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed AVS Communities property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE NO. 2020-XXX 2 Deleted: proposed uses in that zone. Section 2. The City Council approves the Airport Business Park Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #666). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from General Commercial to Business Park, and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Staff Report & Recommendation Airport Business Park Rezone – Planning Commission Page 1 of 4 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 4 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 August 18, 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 Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at a future regularly scheduled Planning Commission meeting on August 18, 2020. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 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. Staff Report & Recommendation Airport Business Park Rezone– Planning Commission Page 3 of 4 GL – 16 - As an Essential Public Facility, protect the Arlington Municipal Airport from encroaching non-compatible land uses so as to maintain its long-term viability. PL – 16.1 - Promote a compatible relationship between the airport industrial zone and surrounding land uses. PL - 16.16 – To better ensure compatibility between the airport and surrounding land uses: Risks to surrounding people and property shall be minimized by applying more stringent land use controls to geographic areas with greater potential risk. Risks to people on the ground shall be minimized by restricting land uses so as to limit the number of people likely to gather in areas most susceptible to aircraft accidents and/or by reducing risks through special features of building design. Discourage land uses that are of particular safety concern because of the reduced mobility of occupants or their inability to respond to emergency situations in areas most susceptible to aircraft accidents. Such uses include children’s schools, day care centers, hospitals, nursing homes and/or other uses where the majority of occupants are children, elderly or handicapped. Discourage land uses in the vicinity of the airport that may cause visual, electronic or bird strike hazards to aircraft in flight. GL – 17 – Development Airport Properties in an orderly fashion. PL – 17.2 - Create conceptual development site plans for Airport properties that are not already shown in the Master Plan. 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. 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, August 11, 2020, and August 18, 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. Staff Report & Recommendation Airport Business Park Rezone– Planning Commission Page 4 of 4 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. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on September 1, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library, if the buildings are open to the public, as well as on site. 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. 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 City of Arlington Council Agenda Bill Item: WS #6 Attachment F-3 COUNCIL MEETING DATE: September 14, 2020 SUBJECT: Lot 19 Rezone (PLN#663) ATTACHMENTS: Ordinance, Staff Report, Planning Commission Findings of Fact, and map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: The Lot 19 LLC rezone, PLN #663 is a privately initiated rezone requesting that approximately 14.36 acres be rezoned from Residential Moderate Density to Residential High Density. This is located in the 19700 Block of 74th Ave NE (aka Arlington Valley Road). HISTORY: The Lot 19 LLC rezone, PLN #663 is a privately initiated rezone requesting that approximately 14.36 acres be rezoned from Residential Moderate Density to Residential High Density. Staff has recommended approval of this request. The Planning Commission held a Workshop on April 7, 2020, again on August 11, 2020, and an open Public Hearing on August 25, 2020 regarding the subject Deny or remand back to staff for additional information RECOMMENDED MOTION: Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the ordinance approving the Lot 19 Rezone, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE LOT 19 LLC PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #663) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Lot 19 LLC property Land Use Map amendment and Concurrent Rezone (PLN #663) and conducted an open record public hearing on August 25, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed Lot 19 LLC property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE NO. 2020-XXX 2 Deleted: Section 2. The City Council approves the Lot 19 LLC Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #663). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Residential Moderate Density to Residential High Density, and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 1 of 4 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: August 7, 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 4 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, August 11, 2020 and August 25, 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 August 25, 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 Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at a future regularly scheduled Planning Commission meeting on August 25, 2020. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 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. PH-1.1 - A variety of housing types and densities should be encouraged on lands with a residential land-use designation. Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 3 of 4 GH – 2 - Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. PH - 2.1 - Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. GH – 5 - Encourage a quality housing stock within the City. GL- 7 - Encourage a mix of residential densities throughout the City. PL – 7.1 - All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; b) The general impact to the existing transportation network; c) The feasibility of the site and its situation for the proposed density; d) The availability/capacity of urban services such as water and sewer to serve the area; e) The vacant land supply within the City at the proposed density; f) Consistency with GMA growth targets and buildable land supply. PL-1.4 - This designation should provide for multi-family and other high-density residential development, with density limited only by development parameters such as-but not limited to-building height, setbacks, parking requirements, screening, open space and compatible uses where a full range of public facilities and services that support urban development exist or can be provided. Generally, this designation is appropriate for land that is located convenient to principal arterials and commercial areas. 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. 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 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 Staff Report & Recommendation Lot 19 LLC Rezone – Planning Commission Page 4 of 4 1. Public meetings will be held on March 3, 2020, March 17, 2020, August 11, 2020, and August 25, 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. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on August 25, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library, if the buildings are open to the public, as well as on site. 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 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. Lot 19 LLC Rezone ± City of Arlington Date: File: Cartographer: Scale: Lot198.5x11_19 2/4/2020 jpg 1 inch = 534 feet Lot 19 rezone to RHD 80TH AVE NE 193RD ST NE 71ST DR NE 197TH PL NE PEAK PL 79TH DR NE 200TH ST NE 71ST AVE NE 77THAVENE 201ST ST NE 74TH AVE NE 190THPLNE KNOLL DR VAL LEY VIEW DR 190TH PL NE 192ND PL NE VISTADR ARLINGTONVALLEYROAD CROWN RIDGE BLVD SR 9 RMD GC RHD GI RMD RHD GC = General Commercial GI = General Industrial Legend Existing Zoning Rezone to RHD City Limits Public Right of Way Assessor Parcels RMD = Moderate Density Residential RHD = High Density Residential City of Arlington Council Agenda Bill Item: WS #6 Attachment F-4 COUNCIL MEETING DATE: September 14, 2020 SUBJECT: Corner 9 Properties, LLC Rezone (PLN#667) ATTACHMENTS: Ordinance, Staff Report, Planning Commission Findings of Fact, and map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: 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 fact that conditions on site have drastically changed since the annexation of the property in 2013. At time of annexation, the owners were interested in continuing the commercial uses that were in operation at the time and to preserve the opportunity for future commercial uses, while they controlled the property. 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 additional housing options in the City, this amendment would allow for residential development that would be appropriate for the site and would allow the property to better transition into the surrounding uses. Approval by the City Council is required for all rezone applications. If the request is granted, the recommended approval of this request. The Planning Commission held a Workshop on April 7, 2020, again on August Deny or remand back to staff for additional information RECOMMENDED MOTION: Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the ordinance approving the Corner 9 Properties, LLC Rezone, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE CORNER 9 Properties, LLC PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #667) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Corner 9 Properties, LLC property Land Use Map amendment and Concurrent Rezone (PLN #667) and conducted an open record public hearing on August 25, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed Lot 19 LLC property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE NO. 2020-XXX 2 Deleted: g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the Corner 9 Properties, LLC property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #667). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Neighborhood Commercial to Residential High Density, and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: 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 City of Arlington Council Agenda Bill Item: WS #6 Attachment F-5 and 00445300000600, and Nathan and Deborah Mach tax parcel 00445300000800, are submitting Moderate Density (RMD) to High Density Residential (RHD). The application consists of five separate parcels, located at these four addresses; 18130, 18206, 18214, and 18304, 31st Ave NE. The Planning Commission held a Workshop on April 7, 2020, again on August 11, 2020, and an open Public Hearing ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE 31st AVENUE REZONE PROPERTIES ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #662) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed 31st Avenue Rezone properties Land Use Map amendment and Concurrent Rezone (PLN #662) and conducted an open record public hearing on September 1, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed 31st Avenue Rezone properties comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject properties are suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The properties that are the subject of the amendment are suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of Deleted: Formatted: Superscript Deleted: AVS COMMUNITIES Deleted: Y Deleted: 524 Formatted: Superscript Deleted: AVS Communities Deleted: P Deleted: y Deleted: 524 Deleted: April 16, Deleted: 19 Deleted: April 22 Deleted: 19 Deleted: May 6 Deleted: 19 Deleted: AVS Communities Formatted: Superscript Deleted: y Deleted: property Deleted: is Deleted: y Deleted: is Deleted: is ORDINANCE NO. 2020-XXX 2 Deleted: proposed uses in that zone. Section 2. The City Council approves the 31st Avenue Rezone properties Arlington Land Use Map Amendment and Concurrent Rezone (PLN #662). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Neighborhood Commercial to Residential High Density, and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: Formatted: Superscript Deleted: P Deleted: y Deleted: 524 Deleted: General Industrial to Deleted: General Commercial Deleted: 6th Deleted: May Deleted: 19 Deleted: Erin Keator Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 1 of 4 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 4 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, August 11, 2020 and September 1, 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 September 1, 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 Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at a future regularly scheduled Planning Commission meeting on September 1, 2020. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 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. Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 3 of 4 PH-1.1 - A variety of housing types and densities should be encouraged on lands with a residential land-use designation. GH – 2 - Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. PH - 2.1 - Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. GH – 5 - Encourage a quality housing stock within the City. GL- 7 - Encourage a mix of residential densities throughout the City. PL – 7.1 - All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; b) The general impact to the existing transportation network; c) The feasibility of the site and its situation for the proposed density; d) The availability/capacity of urban services such as water and sewer to serve the area; e) The vacant land supply within the City at the proposed density; f) Consistency with GMA growth targets and buildable land supply. PL-1.4 - This designation should provide for multi-family and other high-density residential development, with density limited only by development parameters such as-but not limited to-building height, setbacks, parking requirements, screening, open space and compatible uses where a full range of public facilities and services that support urban development exist or can be provided. Generally, this designation is appropriate for land that is located convenient to principal arterials and commercial areas. 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 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 Staff Report & Recommendation 31st Avenue Rezone – Planning Commission Page 4 of 4 1. Public meetings will be held on March 3, 2020, March 17, 2020, August 11, 2020, and September 1, 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. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on September 1, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library, if the buildings are open to the public, as well as on site. 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 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. 31st Rezone ± City of Arlington Date: File: Cartographer: Scale: 31st8.5x11_19 2/4/2020 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 Rezone to RHD City Limits Public Right of Way Assessor Parcels RMD = Moderate Density Residential RHD = High Density Residential HC = Highway Commercial City of Arlington Council Agenda Bill Item: WS #6 Attachment F-6 COUNCIL MEETING DATE: September 14, 2020 SUBJECT: York Rezone (PLN#665) ATTACHMENTS: Ordinance, Staff Report, Planning Commission Findings of Fact, and map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: The York rezone (PLN#665) is a city-initiated project requesting that a 0.56 acre lot in the Smokey Point neighborhood be changed from Public/Semi-Public zoning to Residential High-Density zoning. HISTORY: At their December 18, 2017 meeting, Council voted to surplus 0.56 acres adjacent to York park known as “York House”, parcel Number 0472500000806 and directed staff to apply the proceeds to the Parks Capital Fund. The City’s Parks and Recreation Commission had recommended approval of this action. In October and December of 2018, multiple offers for the property were tendered, however, none of the offers culminated in a successful sale of the property. It was the consistent opinion of the makers of these offers and other interested parties that use of the property without high capacity zoning was not financially feasible. It is clear that without a rezone, the property will not likely sell in the n ear to mid-term. The Planning Commission held a Workshop on April 7, 2020, again on August 11, 2020, and an open Public Hearing on September 1, 2020 regarding the subject rezone. Planning Commission deliberated, and voted unanimously in the affirmative to recommend this item for approval. ALTERNATIVES: Deny or remand back to staff for additional information RECOMMENDED MOTION: Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the ordinance approving the York Rezone, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE YORK PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #665) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed York Property Land Use Map amendment and Concurrent Rezone (PLN #665) and conducted an open record public hearing on September 1, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed York property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE NO. 2020-XXX 2 Deleted: Section 2. The City Council approves the York Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #665). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Public/Semi-Public zoning to Residential High Density and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: Formatted: Superscript Deleted: 6th Deleted: Deleted: May Deleted: 19 Deleted: Erin Keator Staff Report & Recommendation York Rezone – Planning Commission Page 1 of 4 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: August 7, 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 4 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, August 11, 2020 and September 1, 2020. b. Two Public Hearings will be held at Planning Commission, located at Arlington City Chambers on the following dates, March 17, 2020 and September 1, 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 Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at a future regularly scheduled Planning Commission meeting on September 1, 2020. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 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. PH – 1.1 – A variety of housing types and densities should be encouraged on lands with a residential land-use designation. Staff Report & Recommendation York Rezone– Planning Commission Page 3 of 4 PH – 2.1 – Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. PH – 2.3 – Utilize Mixed Use mechanisms to incentivize housing within close proximity to commercial uses. PL – 7.1 – All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; b) The general impact to the existing transportation network; c) The feasibility of the site and its situation for the proposed density; d) The availability/capacity of urban services such as water and sewer to serve the area; e) The vacant land supply within the City at the proposed density; f) Consistency with GMA growth targets and buildable land supply. PL – 7.2 - Higher density residential uses should be located around commercial areas. 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. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held on March 3, 2020, March 17, 2020, August 11, 2020, and August 25, 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. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on September 1, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Arlington Public Library, if the buildings are open to the public, as well as on site. 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 Staff Report & Recommendation York Rezone– Planning Commission Page 4 of 4 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 com piled from a variety of sources which m ay containerrors and users who rely upon the information do so at their own risk. U sers 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 R ezone ± City of Arlington Date: File: Cartographer: Scale:York8.5x11_19 4/12/2019 kdh 1 inch = 2 50 fe et York Rezo ne to RHD 34TH AVE NE 177THPLNE 178THST NE 33RD AVE NE 178TH PL NE178THPLNE 34TH DRNE 181ST STNE 183RD PL NE 179TH ST NE SPRING LANE AVE 182ND ST NE 31ST DR NE 31ST AVE NE 180TH ST NE 177THPLNE I-5 I-5 HC P/SP RHD RMD Legend Ex isting ZoningRezone to RHD City Limits Public Right of Way Assessor P arcels RMD = Moderate Density ResidentialRHD = High D ensity ResidentialHC = Highway Comm ercial City of Arlington Council Agenda Bill Item: WS #6 Attachment F-9 “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 approval of this request. The Planning Commission held a Workshop on April 7, 2020, again on August 11, 2020, Ordinance No. 2020-xxx ORDINANCE NO. 2020-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON APPROVING CHANGES TO AMC TITLE 20, AND AMENDING CHAPTER 20.40 OF THE ARLINGTON MUNICIPAL CODE (PLN#675) WHEREAS, the City of Arlington planning staff has reviewed the provisions of Arlington Municipal Code Chapter 20.40 Permissible Uses; and WHEREAS, the Arlington Planning Commission considered the proposed amendments to Chapter 20.40 (PLN#675) at a workshop on April 7, 2020 and conducted an open Public Hearing on August 18, 2020 ; and WHEREAS, the City should promote development that provides for sustainable employment opportunities, economic stability and utilization of available land at its greatest potential; and WHEREAS, the City Council considered the same at a workshop on September 14, 2020, and considered them along with the Planning Commission recommendations at their regular meeting on September 14, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed Land Use Code Amendment to AMC Chapter 20.40 and finds it to be consistent with city and state law and in the best interests of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. A portion Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) shall be and is hereby modified to amend use codes 3.000 through 3.230, specifically Use Description 3.110, allowing such use to be permissible within the Business Park zone. Ordinance No. 2020-xxx Chapter 20.40 - PERMISSIBLE USES Sections: 20.40-1 - Table Section 2. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. Section 3. 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. PASSED BY the City Council and APPROVED by the Mayor this 21st day of September, 2020 CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor Attest: __________________________ Wendy Van Der Meersche, City Clerk Approved as to form: __________________________ Steven J. Peiffle City Attorney 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 #6 Attachment F-8COUNCIL MEETING DATE: September 14, 2020 SUBJECT: National Foods Property, Emergency Rezone Request (PLN#721) Non-docket item ATTACHMENTS: Ordinance, Staff Report, Planning Commission Findings of Fact, and map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: The Applicant, Panattoni Development is submitting a rezone for a non-project action that is located between the 4400 and 5100 Blocks of 172nd Street NE, the National Foods property. The proposal seeks to make amendments to the City of Arlington Comprehensive Plan Future Land Use Map and Zoning Map to rezone approximately 75.12 acres of, currently zoned, Highway Commercial with a Mixed-Use Overlay and re-designate to Light Industrial. This non-which proposes to include employment opportunities. The rezone request is submitted under RCW 36.70A.130 (2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus and due to an immediate, non-Center (CIC), was City of Arlington Council Agenda Bill Item: WS #6 Attachment F-8HISTORY: The National Foods rezone request is a privately initiated non-project action that is an amendment to the City of Arlington Comprehensive Plan Future Land Use map and Zoning Map. The applicant, Panattoni Development, is requesting a rezone of approximately 75 acres from Highway commercial with a mixed-use overlay to Light Industrial. The subject property is located between the 4400 and 5100 blocks of 172nd Street NE. This request was not a part of the annual 2020 Docket process, as the opportunity did not present itself prior to the deadline for submittal of January 31, 2020. It is being submitted under the provisions of RCW 36.70A.130 (2) (b) as an emergency Comprehensive Plan update. Per AMC 20.96.010(d) there are three specific exceptions to the annual cycle for comprehensive plan amendments, which allow amendments if any of the following occur: 1)Resolution of an emergency condition or situation. Council shall confirm the directors finding thatsuch an emergency exists.2)Resolution of a decision by an administrative agency or court of competent jurisdiction.3)For any reasons specified in RCW 36.70A.130 (2), as hereafter amended.Here are some examples as to how the emergency criteria is met: •The City is operating under multiple states of emergency (city, state and federal) which recognizethe significant economic impacts of the COVID-19 pandemic. •The pandemic and the recession are (and will continue) to negatively impact the City’s finances. •This economic development opportunity is time sensitive, as there is a risk this opportunity willgo away (choose another location) before the next annual cycle occurs.Although this item did not meet the deadline as established in AMC 20.96.010 (c), it has been presently concurrently with all the 2020 docket items, conducting broad public participation, and ensuring that all the cumulative impacts of rezones are considered together, meeting the intent of RCW 36.70A.130(2). Staff has recommended approval of this request. The Planning Commission held a virtual (zoom) workshop on July 21, 2020, August 4, 2020, and August 11, 2020, and an on-line open Record Public Deny or remand back to staff for additional information RECOMMENDED MOTION: Workshop; discussion only. At the September 21, 2020 Council meeting, the recommended motion will be, “I move to approve the ordinance approving the emergency rezone for National Foods property, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE NATIONAL FOODS PROPERTY EMERGENCY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #721) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, the National Foods Property request was not submitted in time for the 2020 docket cycle, it is being considered under RCW 36.76A.130(2)(b) as an emergency Comprehensive Plan update, and is being considered in concert with all other items in the 2020 docket; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed National Foods Property, Land Use Map amendments and Concurrent Rezone (PLN #721) and conducted an open record public hearing on August 25, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed National Foods Property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications; b. The proposed amendment is consistent with the goals, objectives, and policies of the 2015 comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of Deleted: Formatted: Tab stops: 0", Left Deleted: GRANDVIEW NORTH PROPERTY Deleted: Deleted: 509 Deleted: Grandview North Property Deleted: 509 Deleted: April 16 Deleted: 19 Deleted: April 22 Deleted: 19 Deleted: May 6 Deleted: 19 Deleted: Grandview North property Deleted: The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning ORDINANCE NO. 2020-XXX 2 Deleted: surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification ; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the National Foods Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN#721) and the City’s official zoning map shall be amended to reflect these changes as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21th day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: amendment is suited for the uses allowed in the proposed Formatted: Left Deleted: Grandview North Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #509). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Residential Low to Moderate Density zoning to a Neighborhood Deleted: Deleted: Deleted: Deleted: Deleted: Staff Report & Recommendation National Foods Rezone – Planning Commission Page 1 of 5 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: August 10, 2020 Regarding: National Foods Rezone PLN #721 A. INTRODUCTION The Applicant Panattoni Development is submitting a rezone for a non-project action that is located between the 4400 and 5100 Blocks of 172nd Street NE. The proposal seeks to make amendments to the City of Arlington Comprehensive Plan Future Land Use Map and Zoning Map to rezone approximately 75.12 acres of Highway Commercial with a Mixed-Use Overlay and redesignate to Light Industrial. This non-project action allows for future development of the property, which proposes to include $230 million in capital improvements as well as creating 1,600 new employment opportunities. The Plan is submitted under RCW 36.70A.130(2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus and due to an immediate, non-speculative opportunity within the Cascade Industrial Center. The Cascade Industrial Center (CIC) previously referred to as the Arlington Marysville Manufacturing Industrial Center (AMMIC) or (MIC). B. GENERAL INFORMATION Applicant: Panattoni Development Project Description: Emergency Rezone issued under RCW 36.70A.130(2) Requested Action: Make a recommendation of approval to the Arlington City Council Exhibits: National Foods Application and Narrative Staff Report & Recommendation National Foods Rezone – Planning Commission Page 2 of 5 C. DETAILED PROJECT INFORMATION The applicant is requesting the rezoning of approximately 75.12 acres from Highway Commercial with a Mixed Use Overlay to Light Industrial. Approval by the City Council is required for all rezone applications. If the request were granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. The Plan is submitted under RCW 36.70A.130(2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus and due to an immediate, non-speculative opportunity within the Cascade Industrial Center. 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 via zoom at the August 4, 2020 Planning Commission meeting. b. A Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at the August 25, 2020 Planning Commission meeting. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment National Foods Rezone, PLN#721, in the Everett Herald, posted on-site and via mailings to all properties within 500’ feet of the subject property. d. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The National Foods Rezone 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. In order to fulfil the 60-day review for the Department of Commerce, the Ordnance for this rezone will not be adopted until after September 27, 2020. 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 as required through the rezone process as well as the RCW 36.70A.130(2) Emergency Rezone requirements. The plan supplements the Comprehensive Plan, through planning goals PE-1.2, GL-1b, PL-3.1, PL-5.3, GL-12, PL-12.1, PL-12.4, PL-12.8, and PL-15.55, as well as the Cascade Industrial Center subarea plan goals LU-1, LU-3, LU-5, ED-1, and ED-5. Staff Report & Recommendation National Foods Rezone – Planning Commission Page 3 of 5 Comprehensive Plan Goals GL-1: Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. b) Economic Development: Attain the highest level of economic well-being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. d) Environmental Preservation and Conservation: Through both preservation and conservation ensure the proper management of the natural environment and resources. PL-3.1: The City should coordinate growth and development with adjacent jurisdictions to promote and protect inter-jurisdictional interests. PL-5.3: The City will pursue designation of a Manufacturing Industrial Center (MIC) in cooperation with the City of Marysville for the unincorporated area between the two cities. If so designated, a coordinated Subarea Plan will be developed. GL-12: Maintain a sufficient industrial land base in order to support a high ratio of jobs to households PL-12.1: Industrial land uses should be located in the vicinity of Arlington Airport in order to take advantage of existing and anticipated transportation systems. PL-12.4: Industries with high job numbers that support the local resource processing needs should be encouraged PL-12.8: The City should ensure that at least 80% of the property within the AMMIC is planned and zoned for industrial and manufacturing uses. Compatible non-industrial uses shall be as allowed under PSRC certification and be conditioned to mitigate for potential conflicts with current and future industrial uses. PL-15.55: As this is the predominant location for future employment in Arlington, the City should actively seek appropriate development of this area in accordance with AMMIC and PSRC Regional Centers designation criteria. Cascade Industrial Center Subarea Plan Goals LU-1: The CIC maintains a sufficient amount of industrial land to support a high ratio of jobs to households. Staff Report & Recommendation National Foods Rezone – Planning Commission Page 4 of 5 LU-3: Future Development in the Arlington Portion of the CIC complements the existing character and development pattern of Arlington. LU-5: The CIC is consistent with regional planning policies. ED-1: Investments in infrastructure and amenities create, retain, grow and attract businesses important for Arlington and Snohomish County’s long-term economic health. ED-5: The CIC benefits from a business climate that encourages development and provides clarity and certainty to developers and property owners. Based on the precedent established in State ex re. Gray v. Martin, 29 Wn2d 799, 189 P2d 637 (1948), the Court noted that the definition for an emergency (in the context of an emergency ordinance) meant that any event or combination which calls for immediate action or remedy. Based on this definition of Emergency, the applicant argues and the city agrees that “It was not until after the 2020 amendment cycle deadline that a pandemic forced a never before shutdown of most of the economy; and Panattoni was presented with an immediate, non-speculative project opportunity within the AMMIC.” The impacts of the Coronavirus Pandemic has led to the following declaration of State of Emergencies by the Washington State Governor’s office on February 29, 2020, City of Arlington Mayor’s office on March 5, 2020 and Nationally by the President of the United States on March 13, 2020, which are still in effect at the time of this staff report and for the foreseeable future. RCW 38.52.070 authorizes the city to exercise the powers vested under this section in light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law. The effects of the Coronavirus Pandemic has led to the National Bureau of Economic Research to determine that the country has entered a recession as supported by the Washington State Economic and Revenue Forecast Council. The existing housing-to-jobs imbalance in Snohomish County has resulted in Snohomish County having one of the highest rates of unemployment in the state. The passing of the resolution for the rezone will allow for an expected capital investment in the City of Arlington that will contribute the creating 1,600 new local employment opportunities, which will improve employment figures, support long-term economic recovery and bolster the area’s housing -to-job balance. By taking this action now, the City Council will be acting to remedy (or at a minimum reduce) the local impacts of both the recession and pandemic, supporting economic development that will: a. Generate real estate exercise taxes (REET) upon the sale of the property b. Generate application, mitigation, and utility connection fees c. Generate local retail sales taxes on construction materials and labor d. Lead to an increase in future utility tax revenues e. Support retailers and restaurants near the project which will benefit from the presence of construction workers f. Support the Construction Industry, which was one of the hardest hit g. Support the creation of 1,600 new local jobs, which will improve employment figures, support long-term economic recovery, and bolster the area’s jobs-to housing balance Staff Report & Recommendation National Foods Rezone – Planning Commission Page 5 of 5 F. ANALYSIS Staff recommends that the Planning Commission recommend approval and adoption, the rezoning of tax parcels 31052800100400, 31052800100500, 31052800100100, 31052800100300, and 31052800101300 from Highway Commercial with a Mixed Use Overlay to Light Industrial to the City Council. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held via zoom on dates to be determined. 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. The Planning Commission will review a draft of the Emergency Rezone of the National Foods property issued under RCW 36.70A.130(2) at their August 4, 2020 workshop meeting via Zoom. 4. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on August 25, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Downtown Arlington Public Library, if the buildings are open to the public, as well as posted on site an mailed to property owners within 500’. 5. The application for PLN#721 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the Emergency Rezone of the National Foods property issued under RCW 36.70A.130(2) is consistent with, and internally consistent with, the Arlington Comprehensive Plan. 6. PLN#721 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 7. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 8. Documentation supporting the findings of fact is located in file PLN#721, adopted by reference into this approval. 9. Adoption of the proposed Comprehensive Plan Amendment, PLN#721, 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 National Foods Rezone, Emergency Rezone Comprehensive Plan Amendment, PLN#721. HC RMD RMD LI BP ?Ô RMD GC HC HC GC 41STDRNE 170TH PL NE AIRPORTBLVD 172ND ST NE 175TH PL NE 51ST AVE NE 173RD PL 43RD AVE NE 172ND ST NE City of Arlington Maps and GIS data are distributed “AS-IS” w ithout 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 w hich m ay contain errors and users who rely upon the information do so at theirown risk. Users agree to indem nify, 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 m aps. µ kdh SouthCICR ezones11x17_20 7/20/2020 Scale: Date: File: Cartographer: Propo se d Re zo ne:Highway Commercial to Light Industrial 0 380 760190 Feet Highway Commercial to Light Industrial Rezone area Legend Zoning RMD = Moderate DensityResidential GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial AF = Aviation Proposed Rezone Buildings Assessor Parcels City of Arlington Council Agenda Bill Item: WS #6 Attachment F-9 Comprehensive Plan Future Land Use Map and Zoning Map to rezone approximately 39.2 acres of an 87.7-acre parcel, currently split zoned General Commercial with a Mixed-Use Overlay and Light Industrial, re-designating the entire parcel to Light Industrial. This non-project action allows for future development and employment opportunities within the Cascade Industrial Center, which also requires the relocation and restoration of Edgecomb Creek. The Plan is submitted under RCW 36.70A.130(2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus, and to allow for the developer to work with multiple jurisdictions in order to coordinate the relocation and rehabilitation of Edgecomb Creek City of Arlington Council Agenda Bill Item: WS #6 Attachment F-9 applicant, NorthPoint Development, LLC, is requesting a rezone of approximately 39 acres of an 88 acre parcel, currently split zoned General Commercial with a Mixed Use Overlay and Light Industrial in order to designate the entire parcel as Light Industrial. The subject property is located at 6600 172nd Street NE. This request was not a part of the annual 2020 Docket process, as the opportunity did not present itself prior to the deadline for submittal of January 31, 2020. It is being submitted under the provisions of RCW 36.70A.130 (2) (b) as an emergency Comprehensive Plan update. Per AMC 20.96.010(d) there are three specific exceptions to the annual cycle for comprehensive plan amendments, which allow amendments if any of the following occur: 1) Resolution of an emergency condition or situation. Council shall confirm the directors finding that such an emergency exists. 2) Resolution of a decision by an administrative agency or court of competent jurisdiction. 3) For any reasons specified in RCW 36.70A.130 (2), as hereafter amended. Here are some examples as to how the emergency criteria is met: • The City is operating under multiple states of emergency (city, state and federal) which recognize the significant economic impacts of the COVID-19 pandemic. • The pandemic and the recession are (and will continue) to negatively impact the City’s finances. • This economic development opportunity is time sensitive, as there is a risk this opportunity will go away (choose another location) before the next annual cycle occurs. Although this item did not meet the deadline as established in AMC 20.96.010 (c), it has been presently concurrently with all the 2020 docket items, conducting broad public participation, and ensuring that all the cumulative impacts of rezones are considered together, meeting the intent of RCW 36.70A.130(2). Staff has recommended approval of this request. The Planning Commission held a virtual (zoom) workshop on July 21, 2020, August 4, 2020, and August 11, 2020, and an on-line open Record Public ORDINANCE NO. 2020-XXX 1 Deleted: ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE NORTHPOINT DEVELOPMENT, LLC PROPERTY EMERGENCY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #729) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, the North Point Development, LLC Property request was not submitted in time for the 2020 docket cycle, it is however being considered under RCW 36.76A.130(2)(b) as an emergency Comprehensive Plan update, and is being considered in concert with all other items in the 2020 docket; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed North Point Development, LLC Property, Land Use Map amendments and Concurrent Rezone (PLN #729) and conducted an open record public hearing on August 25, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on September 14, 2020, and considered them along with the Planning Commission recommendations, at their regular meeting conducted on September 21, 2020; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed North Point Development Property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications; b. The proposed amendment is consistent with the goals, objectives, and policies of the 2015 comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the Deleted: Formatted: Tab stops: 0", Left Deleted: GRANDVIEW NORTH PROPERTY Deleted: Deleted: 509 Deleted: Grandview North Property Deleted: 509 Deleted: April 16 Deleted: 19 Deleted: April 22 Deleted: 19 Deleted: May 6 Deleted: 19 Deleted: Grandview North property Deleted: The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning ORDINANCE NO. 2020-XXX 2 Deleted: current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification ; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the North Point Development, LLC Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN#729) and the City’s official zoning map shall be amended to reflect these changes as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 21th day of September, 2020. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Deleted: amendment is suited for the uses allowed in the proposed Formatted: Left Deleted: Grandview North Property Arlington Land Use Map Amendment and Concurrent Rezone (PLN #509). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from Residential Low to Moderate Density zoning to a Neighborhood Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 1 of 7 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: August 10, 2020 Regarding: NorthPoint Development Rezone PLN #729 A. INTRODUCTION The Applicant, NorthPoint Development, LLC is submitting a rezone for a non-project action that is located at 6600 172nd Street NE. The proposal seeks to make amendments to the City of Arlington Comprehensive Plan Future Land Use Map and Zoning Map to rezone approximately 39.2 acres of an 87.7-acre parcel, split zoned General Commercial with a Mixed-Use Overlay and Light Industrial, which redesignates the entire parcel to Light Industrial. This non-project action allows for future development and employment opportunities within the Cascade Industrial Center, which also requires the relocation and restoration of Edgecomb Creek. The Plan is submitted under RCW 36.70A.130(2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus, and to allow for the developer to work with multiple local jurisdictions in order to coordinate the relocation and rehabilitation of Edgecomb Creek within the Cascade Industrial Center. B. GENERAL INFORMATION Applicant: NorthPoint Development, LLC Project Description: Emergency Rezone issued under RCW 36.70A.130(2) Requested Action: Make a recommendation of approval to the Arlington City Council Exhibits: NorthPoint Application and Narrative Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 2 of 7 C. DETAILED PROJECT INFORMATION The applicant is requesting the rezoning of approximately 39.2 acres of a total of 87.7-acre parcel that is split zoned from General Commercial with a Mixed Use Overlay and Light Industrial to entirely Light Industrial. Approval by the City Council is required for all rezone applications. If the request were granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended. The Plan is submitted under RCW 36.70A.130(2), an emergency rezone due to the unforeseen shutdown of the economy caused by the Coronavirus and due to an immediate, non-speculative opportunity within the Cascade Industrial Center. 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 via zoom at the August 4, 2020 Planning Commission meeting. b. A Public Hearing will be held at a Planning Commission meeting, commonly located at Arlington City Council Chambers but due to Proclamation 20-28 will occur via zoom at the August 25, 2020 Planning Commission meeting. c. The City will present information and advertise the Public Hearings regarding the Planning Docket Amendment NorthPoint Development Rezone, PLN#729, in the Everett Herald, posted on-site and via mailings to all properties within 500’ feet of the subject property. d. A Notice of Public Hearing for the future Zoom Planning Commission meeting will be posted at the Downtown Arlington and Smokey Point Libraries, and City Hall, if these facilities are open to the public. The Notice will also be published in the Everett Herald, posted on site and distributed to all properties within 500’ feet of the subject property. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION The NorthPoint Development Rezone will be submitted to the Washington State Department of Commerce (DOC), and the DOC will notify the City if it is in procedural compliance with RCW 36.70A.106. In order to fulfil the 60-day review for the Department of Commerce, the Ordnance for this rezone will not be adopted until after September 27, 2020. 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 as required through the rezone process as well as the RCW 36.70A.130(2) Emergency Rezone requirements. The plan supplements the Comprehensive Plan, through planning goals PE-1.2, PE-1.5, PE-2.1, PE-2.2, PE-2.3, PE-8.1, PE-8.2, PE8.10, GL-1b, PL-3.1, PL-5.3, GL-12, PL-12.1, PL-12.2, PL-12.4, PL12.6, PL-12.8, PL-15.55, GE-1, PE-1.3, PE-1.5, GE-2, as well as the Cascade Industrial Center subarea plan goals LU-1, LU-1.1, LU-3, LU-5, ED-1, and ED-5. Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 3 of 7 Comprehensive Plan Goals GL-1: Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. b) Economic Development: Attain the highest level of economic well-being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. d) Environmental Preservation and Conservation: Through both preservation and conservation ensure the proper management of the natural environment and resources. PL-3.1: The City should coordinate growth and development with adjacent jurisdictions to promote and protect inter-jurisdictional interests. PL-5.3: The City will pursue designation of a Manufacturing Industrial Center (MIC) in cooperation with the City of Marysville for the unincorporated area between the two cities. If so designated, a coordinated Subarea Plan will be developed. PO-6.7: All land use decisions and other relevant City decisions will be reviewed against these planning goals and policies -- including Countywide Planning Policies and Multi-County Planning Policies – to ensure internal and external consistency. GL-12: Maintain a sufficient industrial land base in order to support a high ratio of jobs to households PL-12.1: Industrial land uses should be located in the vicinity of Arlington Airport in order to take advantage of existing and anticipated transportation systems. PL-12.2: The amount of land planned and allocated for industrial use should be reasonably scaled to meet the demonstrated demand. PL-12.4: Industries with high job numbers that support the local resource processing needs should be encouraged PL-12.6: The City should support the development and growth of the Arlington-Marysville AMMIC by supporting a concentrated manufacturing and industrial base and by planning for future growth and infrastructure improvements. PL-12.8: The City should ensure that at least 80% of the property within the AMMIC is planned and zoned for industrial and manufacturing uses. Compatible non-industrial uses Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 4 of 7 shall be as allowed under PSRC certification and be conditioned to mitigate for potential conflicts with current and future industrial uses. PL-15.55: As this is the predominant location for future employment in Arlington, the City should actively seek appropriate development of this area in accordance with AMMIC and PSRC Regional Centers designation criteria. GE-1: Promote a strong, diversified, and sustainable local and regional economy, while respecting the natural environment and preserving and enhancing the quality of life in the City. PE-1.3: The City should work to ensure there is always a more than adequate employment land base (both commercial and industrial) in order to maintain the City’s desired high jobs/to household ratio. PE-1.5: The City should work to attract living wage job providers to locate in Arlington. GE-2: Provide an adequate job-producing land base to ensure an adequate number of jobs for citizens within the community and to aid the community in paying for infrastructure and services. PE-2.1: The City should work to ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. PE-2.2: The City should strive to maintain a high jobs to housing ratio. PE-2.3: The City should identify sectors of the economy within Arlington where opportunity might exist to create additional jobs and identify potential strategies for attracting employment. In particular, provide a supportive business environment for start-up, light manufacturing and assembly businesses in the airport/industrial area. PE-8.1: The City should work to ensure there is adequate infrastructure to support existing industrial/manufacturing uses and protect the AMMIC area from encroachment by incompatible uses in order to attract new manufacturing and industrial businesses. PE-8.2: The City should develop policies and regulations that are coordinated with economic development strategies to encourage growth and sustain manufacturing and industrial businesses within the AMMIC. PE-8.10: The City should ensure that at least 80% of the land located within the Arlington portion of the AMMIC boundaries have planned future land uses and current zoning designations for industrial and manufacturing uses. Cascade Industrial Center Subarea Plan Goals LU-1: The CIC maintains a sufficient amount of industrial land to support a high ratio of jobs to households. LU-1.1: Ensure that at least 80% of the property within the CIC is planned and zoned for industrial and manufacturing uses to encourage the concentration of industrial uses within the center. Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 5 of 7 LU-1.3: Continue to restrict land uses incompatible with industrial uses, such as large retail use, high concentrations of housing, and unrelated office use. LU-1.5: Ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. LU-3: Future Development in the Arlington Portion of the CIC complements the existing character and development pattern of Arlington. LU-5: The CIC is consistent with regional planning policies. ED-1: Investments in infrastructure and amenities create, retain, grow and attract businesses important for Arlington and Snohomish County’s long-term economic health. ED-5: The CIC benefits from a business climate that encourages development and provides clarity and certainty to developers and property owners. Based on the precedent established in State ex re. Gray v. Martin, 29 Wn2d 799, 189 P2d 637 (1948), the Court noted that the definition for an emergency (in the context of an emergency ordinance) meant that any event or combination which calls for immediate action or remedy. Based on this definition of Emergency, the applicant argues and the city agrees that it was not until after the 2020 amendment cycle deadline that a pandemic forced a never before shutdown of most of the economy; and any further delay of the rezone of the property would lead to logistical issues associated with the need to relocate and rehabilitate Edgecomb Creek. By further delaying the rezone of the NorthPoint Development site could lead to haphazard ecological improvements to Edgecomb Creek and by having a single developer it will also for a complete relocation and rehabilitation of the Creek. The impacts of the Coronavirus Pandemic has led to the following declaration of State of Emergencies by the Washington State Governor’s office on February 29, 2020, City of Arlington Mayor’s office on March 5, 2020 and Nationally by the President of the United States on March 13, 2020, which are still in effect at the time of this staff report and for the foreseeable future. RCW 38.52.070 authorizes the city to exercise the powers vested under this section in light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law. The split zoning of a parcel within the eastern portion of the AMMIC subarea has the potential to impact the timing and type of development proposed, which can in-turn impact the identified relocation and restoration of Edgecomb Creek. Potential conflicts and inconsistencies between land uses allowed increase the likelihood that development in the area will not occur in a coordinated manner, negatively affecting the timing, public benefit, and long-term success of the stream relocation. Acting to apply a uniform land use designation and zone on the subject parcel protects the public’s health and safety and prevent danger to public and private property, including: a. Discourages haphazard, uncoordinated, and inconsistent development which might negatively impact the successful relocation of Edgecomb Creek, the restoration of its function and habitat value, and relationship to public and private properties, including the Airport, Highway 531, and BNSF right-of-way. Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 6 of 7 b. Uniform zoning across a single parcel protects the public, current and future, from the impacts of incompatible land uses such as residential development adjacent to industrial development. The effects of the Coronavirus Pandemic has led to the National Bureau of Economic Research to determine that the country has entered a recession as supported by the Washington State Economic and Revenue Forecast Council. The existing housing-to-jobs imbalance in Snohomish County has resulted in Snohomish County having one of the highest rates of unemployment in the state. The passing of the resolution for the rezone will allow for an expected capital investment in the City of Arlington that will contribute the creation of new local employment opportunities, which will improve employment figures, support long-term economic recovery and bolster the area’s housing-to-job balance. By taking this action now, the City Council will be acting to remedy (or at a minimum reduce) the local impacts of both the recession and pandemic, supporting economic development that will: a. Generate real estate exercise taxes (REET) upon the sale of the property b. Increased Taxable Valuations c. Application, Mitigation, and utility connection fees d. Local Retail Sales taxes on construction materials and labor e. Future utility tax revenues f. Greater local employment that supports higher day-time utilization of retail, restaurant and serve businesses near the project both during construction and after building occupancy F. ANALYSIS Staff recommends that the Arlington Planning Commission make a recommendation to the Arlington City Council to approve and adopt the rezoning of tax parcel 31052700100100 from General Commercial with a Mixed Use Overlay to Light Industrial. G. FINDINGS AND CONCLUSIONS 1. Public meetings will be held via zoom on dates to be determined. 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. The Planning Commission will review a draft of the Emergency Rezone of the NorthPoint Development property issued under RCW 36.70A.130(2) at their August 4, 2020 workshop meeting via Zoom. 4. A Notice of Public Hearing for the Planning Commission public hearing via Zoom on August 25, 2020 will be posted at Arlington City Hall, Smokey Point Library, and the Downtown Arlington Public Library, if the buildings are open to the public, as well as posted on site an mailed to property owners within 500’. 5. The application for PLN#729 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the Emergency Rezone of the NorthPoint Development property issued under RCW 36.70A.130(2) is consistent with, and internally consistent with, the Arlington Comprehensive Plan. 6. PLN#729 has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. Staff Report & Recommendation NorthPoint Development Rezone – Planning Commission Page 7 of 7 7. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 8. Documentation supporting the findings of fact is located in file PLN#729, adopted by reference into this approval. 9. Adoption of the proposed Comprehensive Plan Amendment, PLN#729, 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 NorthPoint Development Rezone, Emergency Rezone Comprehensive Plan Amendment, PLN#729. 168TH ST NE 59TH AVE NE HI GHLAND VI EWDR 67TH AVE NE 172ND ST NE GC GI GI LI NC RMD AF GC City of Arlington Maps and GIS data are distributed “AS-IS” w ithout 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 w hich m ay contain errors and users who rely upon the information do so at theirown risk. Users agree to indem nify, 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 m aps. µ kdh 172ndStRezone11x17_20 7/27/2020 Scale: Date: File: Cartographer: Propo se d Re zo ne:General Commercial to Light Industrial 0 390 780195 Feet General Commercial to Light Industrial Rezone area Legend Zoning Proposed Rezone Assessor Parcels Buildings RMD = Moderate Density Residential NC = Neighborhood Com mercial GC = General Commercial LI = Light Industrial GI = General Industrial AF = Aviation Flightline