HomeMy WebLinkAbout09-28-2015 Council Workshop
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. LID Code Update ATTACHMENT A
Staff Presentation: Bill Blake
Council Liaison: Austin DeFreece
2. Permissible Use Table - AMC 20.40 ATTACHMENT B
Staff Presentation: Chris Young
Council Liaison: Marilyn Oertle
3. Annual TIP Adoption ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson/Jan Schuette
4. Tourism Grant Applications ATTACHMENT D
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
5. 2015 Beer & Wine Event with Road Closure ATTACHMENT E
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
6. Art Donation - Kent Baker Bench ATTACHMENT F
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
Arlington City Council Workshop
Monday, September 28, 2015 at 7:00p.m.
City Council Chambers – 110 E Third St
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 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
7. Interlocal Agreement for In-Service Training Sessions ATTACHMENT G
For the Snohomish County Regional Training Group (police agencies)
Staff Presentation: Jonathan Ventura
Council Liaison: Jesica Stickles
8. August 2015 Financial Report ATTACHMENT H
Staff Presentation: Kristin Garcia
9. Miscellaneous Council Items
EXECUTIVE SESSION
RECONVENE
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters on the Council Workshop agenda. Please limit your remarks to three
minutes.
ADJOURNMENT
Mayor Barb Tolbert
To open all attachments, click here
City of Arlington
Council Agenda Bill
Item:
WS # 1
Attachment
A
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Low Impact Design Code (LID) updates are required by the 2013 – 2018 NPDES Phase II Permit
ATTACHMENTS:
- Land Use Code update, Design Review Guidelines update, Stormwater Code update,
Standards and Specification update. Maps of potential Regional Storm Systems
DEPARTMENT OF ORIGIN
Public Works Department – Bill Blake
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
NPDES Phase II permit holders are required to update their municipal codes to provide for Low
Impact Design including some required elements and where feasible the optional use of LID
techniques for the management of stormwater. Land Use, Stormwater, Design Review need City
Council adoption. The Standards and Specifications, and Maps of Regional systems are informational
at this time.
HISTORY:
The City began operating under a Dept. of Ecology NPDES Phase II permit in 2007. The old permit
expired in 2012. The updated 2013-2018 NPDES Phase II permit became effective on August 1st 2013. There
were appeals and a modified permit became effective January 16, 2015. The Permit Holders are required to
update their municipal codes to include Low Impact Design codes by Dec. 31, 2016. Arlington received a
$76,000.00 National Estuary Program grant through Ecology and selected Herrera to update our codes
through a Request for Proposals process. Part of the scope required Herrera to develop a Geo-spatial GIS
tool indicating parcel based accuracy of potential LID systems, and maps indicating where regional
stormwater systems may be considered. A Public Hearing will be held following the workshop.
ALTERNATIVES
RECOMMENDED MOTION:
Workshop; discussion only.
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE CITY OF ARLINGTON DEVELOPMENT DESIGN
GUIDELINES AND CENTRAL BUSINESS DISTRICT DESIGN GUIDELINES
RELATING TO LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040;
and
WHEREAS, the City wishes to incorporate into its design guidelines provisions
encouraging low impact development (LID); and
WHEREAS, the City Planning Commission held a public hearing on September
___, 2015 and recommended approval of these revisions to the City Council; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 2.6, subsection 3.2 shall be
amended to read as follows:
3.2 Reduce the width of the vehicular curb cut and consolidate driveways. In most
cases, a single lane is sufficient to serve several apartments or commercial spaces.
Section 2. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) reference to street trees spelled out
in Section 3.1 at page 11, shall be amended as follows:
Street trees—If a street has a uniform pattern of street trees, plant new street trees
that match (preferable) or complement the species in color, ultimate size and other
physical characteristics. LID facility installations are exempt from this
requirement.
Section 3. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 3.1, subsection 3.1 shall be
amended to read as follows:
ORDINANCE NO. 2015-XXX
3.1 Infill development on existing streets should complement or enhance and
preserve the distinctive, positive qualities of streetscape.
Section 4. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 5.3, subsection 3.5 shall be
amended to read as follows:
3.5 Provide pedestrian circulation routes through all multi-family residential
complexes linking building entries and parking areas to adjacent uses or services.
Interconnect complexes with clear and well-lit paved paths constructed of
permeable materials (where feasible) or conventional pavement. Provide steps and
ramps to cross retaining walls, and gates to breech breach fences if they impede
pedestrian movement to shopping and other common activities, and especially to
transit.
Section 5. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 6.2, subsection 3.2 shall be
amended to read as follows:
3.2 Provide screening walls of solid and attractive materials, such as masonry,
ironwork, rock, or wood (but not chain link), or enhanced by landscaping.
Section 6. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.1, subsection 3.1 shall be
amended to read as follows:
3.1. Organize and site buildings to create usable open space by creating one or
more of the following:
3.1.1. Well-landscaped or permeable material courtyards to be usable by the
occupants and visible from the units to enhance security.
3.1.2. Individual outdoor spaces for all ground floor units.
3.1.3. Rooftop decks, balconies and well defined patios.
3.1.4. Play areas for children, located away from the street edge and parking lots.
3.1.5. Group or individual gardens/small plots for residents' use.
3.1.6. Other similar outdoor open spaces
Section 7. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, subsection 1.3 shall be
amended to read as follows:
1.3 To enhance pedestrian access, circulation and safety by reducing vehicular
curb cuts and driveways across sidewalks.
ORDINANCE NO. 2015-XXX
Section 8. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, subsection 3.4 shall be
amended to read as follows:
3.4 Provide access to parking off of alleys when available, to reduce vehicular
curb cuts across sidewalks.
Section 9. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, the text immediately
adjacent to Figure 40 shall be amended to read as follows:
Providing a small park or open space off of the road and allocating smaller
parking lots behind multi-family residential buildings increases the value of
development and creates a more visually pleasing environment. Using permeable
materials in pedestrian-oriented areas should occur where feasible.
Section 10. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 9.1, subsection 3.2.5.1 shall
be amended to read as follows:
3.2.5.1 Protect and enhance Reflect natural features like views, stands of trees,
and open space by providing views and pedestrian access to these amenities.
Section 11. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 9.2, subsection 3.7 shall be
amended to read as follows:
3.7 Environmental Response: Basing the design on significant views, solar
orientation, protecting existing natural areas and trees, siting for usable outdoor
spaces, etc.
Section 12. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 13. Effective Date. The title of this ordinance which summarizes the
contents 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.
ORDINANCE NO. 2015-XXX
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2015-XXX
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING TITLE 20 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO
LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040;
and
WHEREAS, the City wishes to incorporate into its ordinance provisions
encouraging low impact development (LID); and
WHEREAS, the City Planning Commission held a public hearing on September
___, 2015 and recommended approval of these provisions to the City Council; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 20.08.010 shall be amended to add
the following definitions:
“Feasible” in the context of low impact development (LID) shall be determined
by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each
LID facility in the Washington Department of Ecology Stormwater Management
Manual for Western Washington (SWMMWW); and
2. Competing needs criteria listed in Chapter 5 of Volume V of the
SWMMWW
“Low Impact Development (LID)” is a stormwater and land use management
strategy that strives to mimic pre-disturbance hydrologic processes of infiltration,
filtration, storage, and transpiration by emphasizing conservation, use of on-site
natural features, site planning, and distributed stormwater management practices
that are integrated into a project design.
“LID facilities” or “low impact development facilities” are distributed stormwater
management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation
and transpiration. LID BMPs include, but are not limited to: bioretention, rain
ORDINANCE NO. 2015-XXX
gardens, permeable materials, roof downspout controls, dispersion, soil quality
and depth, minimal excavation foundations, vegetated roofs, and water re-use.
“Vegetated LID facilities” include bioretention, rain gardens, dispersion,
vegetated roofs, and natural treatment areas.
“Open Drainage Facility” means an above ground facility, such as a pond or
bioretention cell, that temporarily stores stormwater runoff.
Section 2. Arlington Municipal Code Section 20.16.356 shall be amended to
read as follows:
20.16.356 - Insignificant design deviations. The community development
director or public works director may accept some deviations in code
requirements when the binding site plan allows for viable sharing of facilities,
including parking, landscaping, stormwater management, pedestrian access, and
utilities.
Section 3. Arlington Municipal Code Section 20.44.020 shall be amended to
read as follows:
20.44.020 - Unit lot subdivisions (ULSS).
(a) Unit lot subdivisions is process by which the location of a building on a
lot can be placed in such a manner that one or more of the building's sides rests
directly on a lot line. Each building shall maintain a ten-foot separation for from
other buildings.
(b) Unit lot subdivisions shall only be permitted in the Residential High
Density zone.
(c) All developments using unit lot subdivisions shall be in compliance with
the rules and regulations set forth in the LUC for subdivisions and shall meet the
following design standards.
(1) The unit lot subdivision shall comply with the Density and Dimensional
Standards set forth in Chapter 20.48. However, if alley access is proposed
the minimum setback for any structure from the alley shall be five feet.
(2) One off-street parking space shall be provided for every four lots proposed
and be adjacent to the units for which they are required. If residential
buildings have driveways and/or garages, the number of off-street parking
spaces required may be reduced.
(3) The unit lot subdivision shall provide bicycle parking facilities equal to
one stall for every four lots.
(d) Prior to submittal of the final plat, the design of all buildings shall meet
the design guidelines and shall have received design review approval.
ORDINANCE NO. 2015-XXX
(e) Existing multi-family developments which meet or can be brought into
conformance with the requirements of the unit lot subdivision may submit an
application for such unit lot subdivision.
(f) If a development proposes open or park space exceeding one hundred
twenty-five percent of the minimum requirement, buildings may exceed the
maximum allowed height requirement by five feet.
(g) Low impact development street standards may be permittedare allowed
where feasible.
(h) Low impact development techniques for stormwater management shall be
used wherever possible.
(i) Private roads shall be permitted to meet the minimum lot access
requirements for an alley or access tract.
Section 4. Arlington Municipal Code Section 20.44.030(e) shall be amended to
read as follows:
(e) In any FDS development, the developer may create lots and construct
buildings with reduced lot size, width, or setback restrictions except that:
(1) All perimeter lots shall regardless of the underlying zone meet the
minimum lot width for that zone.
(2) At least fifty percent of the total number of dwelling units in any
FDS development must be single-family detached residences on lots with a
minimum lot width of fifty feet in all zones except for the RHD zone where one
hundred percent of the allowable number of dwelling units may be detached
(cottage style housing) or attached residences.
(3) FDS developments must comply with the fire protection
requirements of the most current edition as adopted by the state of Washington of
the International Building Code (IBC), International Residential Code (IRC) and
the International Fire Code (IFC).
(4) Setback requirements of the underlying zone shall apply for all
property lines located on the perimeter of the FDS development. A perimeter lot
shall be a lot abutting directly on an exterior property line for the entire site.
(5) Each lot must be of sufficient size and dimensions that it can
support the structure proposed to be located on it, consistent with all other
applicable requirements of this title.
(6) In the SR Zone, lots adjacent to a critical area must have a
minimum of six thousand square feet and a minimum width of fifty feet.
(7) Each lot must be designed so that any structure can be built a
minimum of fifteen feet from any environmentally critical area buffer. LID
facilities are allowed within the outer 25 percent of the critical areas buffer.
(8) The maximum lot coverage specified in Section 20.48.064
(Maximum Lot Coverage) shall be met on an average for all lots in the entire FDS
ORDINANCE NO. 2015-XXX
development. Thus, in calculating the average maximum lot coverage for a lot,
the area of open space protected on that lot through FDSs may be used. However,
the developer shall state on the plat the maximum lot coverage for each individual
lot so as not to create future, unforeseen inequities.
(9) The design of an FDS development, including site layout,
landscaping, public facilities (e.g. storm drainage, parks, streets, etc.) and building
design shall be subject to recommendation from the community development staff
to the hearing examiner and recommendation from the design review board
regarding elevations and footprints of all structures pursuant to the city's adopted
design guidelines to the hearing examiner. In lieu of the DRB approving each
single- or two-family structure, the applicant may propose project specific design
guidelines consisting of elevations and footprints for these types of structures only
(multi-family residential and communal structures shall always be approved by
the DRB as part of the FDS approval). In such a case, the project specific design
guidelines shall be reviewed by the DRB for consistency with the city's design
guidelines and be subject to their recommendation to the hearing examiner. The
department of community development may then implement them
administratively when an applicant applies for building permits. Where authority
is granted by the DRB to staff to review individual single- or two-family
residential structures, the DRB shall be the arbiter between the applicant and staff.
(10) When located in the SR, RLMD, or RMD zone, multi-family
portions of an FDS development shall be situated more toward the interior rather
than the periphery of the tract, or along an adjoining arterial street, so that the
single-family detached residences border adjacent properties that are zoned for
single-family residential uses.
(11) Screening requirements (Chapter 20.76) shall apply to the exterior
boundaries of an FDS development but are not required between uses within an
FDS development. Landscaping within LID facilities can count towards site
boundary screening requirements.
(12) When creating an FDS development, residential subdivisions and
multi-family projects, the amount of land "saved" by creating lots that are smaller
than the standards set forth in Section 20.48.010 (Minimum Lot Size
Requirements) shall be set aside as open space. This open space shall be a
minimum of ten percent of the site and shall be improved with common
amenities. The amenities can include, but are not limited to usable open space
area, landscaped entries into the project (in addition to the standard roadway
dedication and landscaping requirements), courtyards, landscape islands in the
center of roads, additional protection of significant clusters of trees, low impact
designs (rain gardens), additional improved park space, or other amenities as may
be appropriate. Of the ten percent of open space required, twenty-five percent of
the total may include protected sensitive areas and their buffers. The hearing
examiner shall be given deference in determining what amount and mix of such
amenities counts toward this requirement as long as the minimum threshold is
ORDINANCE NO. 2015-XXX
met. In addition the applicant shall meet the comprehensive plan for open space
and park land, as well as all applicable land use code requirements.
(13) In the RLMD and SR all zones, low impact development street
standards are preferred where feasible and low impact development techniques for
stormwater management shall be used wherever possibleare required where
feasible.
(14) The purpose of this section is to provide flexibility, consistent with
the public health and safety and without increasing overall density, to the
developer who subdivides property and constructs buildings on the lots created in
accordance with a unified and coherent plan of development or the developer who
constructs within the RHD zone.
Section 5. Arlington Municipal Code Section 20.44.046(c)(4) shall be amended
to read as follows:
(c)(4) Open Space. A minimum of twenty percent of the total area of the travel
trailer park site must be designated common open space. Up to fifty percent of
this open space may be occupied by community recreational structures. All
common open space areas will be accessible and usable by all residents of the
park for passive and active recreation. In calculating the twenty percent open
space area, neither the surfaced width of park roads nor the bulk storage, guest,
unit parking areas, or service buildings can be included as open space. Open space
can be used for native vegetation, drought-tolerant vegetation, and vegetated LID
facilities.
Section 6. Arlington Municipal Code Section 20.44.062(g) shall be amended to
read as follows:
In addition to any screening requirements of Chapter 20.76 (Screening and
Shading), a minimum of five percent of the site shall be held as common area,
evenly distributed throughout, and adequately landscaped. Such common area
shall include any entryway(s) into the mobile home park, which shall be
landscaped to Type B, Semi-Opaque standards (see Section 20.76.040,
Descriptions of Screens). Native vegetation, drought-tolerant landscaping, and
vegetated LID facilities should be used whenever possible in mobile home parks.
Section 7. Arlington Municipal Code Table 20.48-5: Density and Dimensional
Standards shall be amended as set forth in Exhibit “A” hereto.
Section 8. Arlington Municipal Code Section 20.48.030(e) shall be amended to
read as follows:
ORDINANCE NO. 2015-XXX
Shared driveways shall be permitted only are preferred on the bulb of a cul-de-
sac, but are allowed in other settings as approved by the Director. Shared
driveways shall be a minimum maximum of twenty-five twenty-four feet in
width.
Section 9. Arlington Municipal Code Section 20.48.044 shall be amended to
read as follows:
20.48.044 - Garage setbacks/minimum driveway length. All residential
driveways taking access from a public road (not including alleys) shall be a
minimum of twenty-two feet in length from the right-of-way. Permeable materials
should be used on private driveways when feasible.
Section 10. Arlington Municipal Code Section 20.72.010(a) shall be amended to
read as follows:
Except as may be modified by Section 20.76.120 (Retention and Protection of
Significant Trees), Section 20.72.084 (Reductions in Parking Space Requirements
for Provision of Alternative Transportation) or 20.72.086 (Maximum Cumulative
Reduction of Required Parking Spaces), and except as exempted by Subsection
(b), all developments in all zoning districts shall provide a sufficient number of
parking spaces to accommodate the number of vehicles that ordinarily are likely
to be attracted to the development in question. Whenever feasible, low impact
development must be used.
Section 11. Arlington Municipal Code Section 20.72.030 shall be amended to
read as follows:
20.72.030 Parking space dimensions.
(a) Subject to Subsections (b) and (c), and except accessible parking spaces as
per Section 20.72.064 (Accessible Parking Spaces), each parking space shall
contain a rectangular area at least nineteen feet long and nine feet wide. Lines
demarcating separating parking spaces may be drawn at various angles in
relation to curbs or aisles, so long as the parking spaces so created contain
within them the rectangular area required by this section. In parking areas
containing ten or more parking spaces, up to twenty percent of the parking
spaces need only contain a rectangular area of only eight feet in width by
fifteen feet in length. If such spaces are provided, they shall be conspicuously
designated as reserved for small or compact cars only. When feasible parking
stalls shall be provided for motorcycles and electric cars.
ORDINANCE NO. 2015-XXX
(b) Wherever parking areas consist of spaces set aside for parallel parking, the
dimensions of such parking spaces shall be not less than twenty-two feet by
eight feet.
Section 12. Arlington Municipal Code Section 20.72.040 shall be amended to
read as follows:
20.72.040 - Required widths of parking area aisles and driveways.
(a) Parking area Drive aisle widths shall conform to Table 20.72-2, Parking
Drive Aisle Widths, which varies the width requirement according to the angle of
parking. Thirty (30) degree angle parking shall be used when feasible.
(b) Driveways shall be not less than ten feet in width for one-way traffic and
twenty feet in width for two-way traffic, except that ten-feet-wide driveways are
permissible for two-way traffic when (i) the driveway is not longer than fifty feet,
(ii) it provides access to not more than six spaces, and (iii) sufficient turning space
is provided so that vehicles need not back into a public street.
Section 13. Arlington Municipal Code Section 20.76.040 shall be amended to
read as follows:
20.76.040 - Descriptions of screens.
The following three basic types of screens are hereby established and are used as
the basis for the Table of Screening Requirements set forth in Section 20.76.050
(Table of Screening Requirements).
(1) Opaque Screen, Type A. A screen that is opaque from the ground to a height
of at least six feet, with intermittent visual obstructions from the opaque portion to
a height of at least twenty feet. The width shall be a minimum of five feet wide,
but may be increased if, in the opinion of the permit-issuing authority, it is needed
to better insulate or isolate uses; and in all cases be a minimum of ten feet along
street frontages where required. An opaque screen is intended to exclude all visual
contact between uses and to create a strong impression of spatial separation. The
opaque screen may be composed of a wall, fence, landscaped earth berm, planted
native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing
vegetation. Compliance of planted vegetative screens or natural native vegetation
will be judged based on the average mature height and density of foliage of the
subject species, or field observation of existing vegetation. The opaque portion of
the screen must be opaque in all seasons of the year. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed
openings more than ten feet wide. The portion of intermittent visual obstructions
may contain deciduous plants. Suggested planting patterns that will achieve this
ORDINANCE NO. 2015-XXX
standard are included in the Department of Public Works' Construction Standards
and Specifications.
(2) Semi-Opaque Screen, Type B. A screen that is opaque from the ground to
a height of three feet, with intermittent visual obstruction from above the opaque
portion to a height of at least twenty feet. The width shall be a minimum of five
feet wide, but may be increased if, in the opinion of the permit-issuing authority,
it is needed to better insulate or isolate uses; and in all cases be a minimum of ten
feet along street frontages where required. The semi-opaque screen is intended to
partially block visual contact between uses and to create a strong impression of
the separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, planted native vegetation, drought-tolerant
vegetation, vegetated LID facilities, or existing vegetation. Compliance of planted
vegetative screens or natural native vegetation will be judged based on the
average mature height and density of foliage of the subject species, or field
observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than
ten feet wide. The zone of intermittent visual obstruction may contain deciduous
plants. Suggested planting patterns that will achieve this standard are included in
the Department of Public Works' Construction Standards and Specifications.
(3) Intermittent Screen, Type C. A screen composed of intermittent visual
obstructions from the ground to a height of at least twenty feet. The width shall be
a minimum of five feet wide, but may be increased if, in the opinion of the
permit-issuing authority, it is needed to better insulate or isolate uses; and in all
cases be a minimum of ten feet along street frontages where required. The
intermittent screen is intended to create the impression of a separation of spaces
without necessarily eliminating visual contact between the spaces. It may be
composed of planted native vegetation or existing vegetation. Compliance of
planted vegetative screens or natural native vegetation will be judged based on the
average mature height and density of foliage of the subject species, or field
observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than
ten feet wide. The screen may contain deciduous plants. Suggested planting
patterns that will achieve this standard are included in Department of Public
Works' Construction Standards and Specifications.
Section 14. Arlington Municipal Code Section 20.76.120 shall be amended to
read as follows:
20.76.120 - Retention and protection of significant trees.
(a) Every development shall retain all existing significant trees and significant
stands of trees, with a diameter at breast height (dbh) of at least eight (8) inches
for deciduous trees and at least twelve (12) inches dbh for evergreen trees, unless
ORDINANCE NO. 2015-XXX
the retention of such trees would unreasonably burden the development or in the
opinion of the permit-issuing authority cause a significant safety problem.
(b) No excavation or other subsurface disturbance may be undertaken within
the drip line critical root zone (CRZ) where feasible, which may extend outside of
the drip line of existing tree branches, of any of the trees regulated by Subsection
(a), and, except for street trees, no impervious surface (including, but not limited
to, paving or buildings) may be located within twelve and one-half feet (measured
from the center of the trunk) of any tree eighteen inches in diameter or more
unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a drip line is defined as a perimeter
formed by the points farthest away from the trunk of a tree where precipitation
falling from the branches of that tree lands on the ground.
(c) The retention or protection of significant trees and significant stands of
trees as provided in Subsections (a) and (b) unreasonably burdens a development
if, to accomplish such retention or protection, the desired location of
improvements on a lot or the proposed activities on a lot would have to be
substantially altered and such alteration would work an unreasonable hardship
upon the developer.
(d) When significant trees or significant stands of trees are present on a site
for which a land use permit is submitted, the applicant shall provide a tree survey,
showing size, type, and location of all significant trees and stands of trees.
Critical root zones shall be fenced prior to construction with orange plastic mesh
fencing or approved equivalent. Any significant trees removed because their
retention would unreasonably burden a development shall be replaced with five-
gallon-sized native species at a ratio of 3:1. If the replacement trees are to be
planted on building lots, the developer shall provide adequate protection from
damage during construction, or planting shall occur after construction, in which
case a planting plan and security shall be provided to ensure their planting.
(e) If it is physically impossible to replant all replacement trees on-site, then
the applicant may mitigate the loss of trees by either planting trees on public
property within the city as approved by the community development director,
and/or paying a mitigation fee into the city's tree mitigation in-lieu fund. This fee
shall be set forth in the city's fee resolution, and equal the cost of the trees and
planting labor.
(f) If any significant tree identified to be protected pursuant to this section is
removed or damaged to the extent that its ability to survive is seriously
threatened, without the city's prior written consent, the loss shall be remedied
pursuant to Section 20.28.040(c) (Penalties and Remedies for Violations), with
the understanding that each tree so removed or damaged shall be counted as a
separate violation.
ORDINANCE NO. 2015-XXX
(g) If space that would otherwise be devoted to parking cannot be so used
because of the requirements of Subsections (a) or (b), and, as a result, the parking
requirements set forth in Chapter 20.72 (Parking) cannot be satisfied, the number
of required spaces may be reduced by the number of spaces "lost" because of the
provisions of Subsections (a) and (b), up to a maximum of fifteen percent of the
required spaces.
Section 15. Arlington Municipal Code Subsection 20.88.220 shall be amended
to read as follows:
20.88.220 - Allowed activities.
Unless specifically prohibited elsewhere in this chapter, or unless the use affects a
critical area structure, function or value, the following uses are allowed in any
environmentally critical area:
(1) Conservation or preservation of soil, water, vegetation, fish, shellfish, and
other wildlife.
(2) Outdoor recreational activities (including fishing, bird watching, hiking,
boating, swimming, canoeing, etc.) and aquatic recreation facilities (docks, piers,
boat mooring buoys, marinas and associated uses, swimming areas, parks, etc.)
unless otherwise prohibited from a particular area because of site-specific issues.
(3) When approval is granted by the city, the harvesting of wild crops in a
manner that is not injurious to natural reproduction of such crops and provided the
harvesting does not require tilling of soil, planting of crops, or alteration of the
wetland by changing existing topography, water conditions or water sources.
(4) Education, scientific research, and use of nature trails.
(5) Navigation aids and boundary markers.
(6) Site investigative work necessary for land use application submittals such
as surveys, soil logs, percolation tests and other related activities. In every case,
impacts shall be minimized and disturbed areas shall be immediately restored.
(7) Normal maintenance, repair, or operation of existing structures, facilities,
or improved areas.
(8) Installation or construction of city road right-of-way; or installation,
replacement, operation, repair, alteration, or relocation of all sewer, water, natural
gas, cable communication, telephone, or other utility lines, pipes, mains,
equipment or appurtenances, not including substations or other buildings, only
when required by the city and approved by the community development director.
ORDINANCE NO. 2015-XXX
(9) Environmentally critical area restoration work or relocation work which
would improve the function of the environmentally critical area, when done
pursuant to a plan approved by the city.
(10) Implementation of vegetated LID facilities within the outer 25 percent of
the critical area buffer.
Section 16. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 17. Effective Date. The title of this ordinance which summarizes the
contents 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 AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2015-XXX
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 13.28 OF THE ARLINGTON MUNICIPAL CODE
RELATING TO LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040 and
has authority to regulate stormwater pursuant to RCW Chapters 35A.80 and 35.67; and
WHEREAS, the City wishes to incorporate into its design guidelines provisions
encouraging low impact development (LID) into its stormwater code; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 13.28.030 shall be amended to
read as follows:
13.28.030 - Purpose. The purpose of this code is to:
(1) Provide for the planning, security, design, construction, use, maintenance,
repair and inspection of the public and private storm and surface water
systems, and to protect the life, health, and property of the general
public;
(2) Establish programs consistent with federal and state regulations which
assure the quality of the water in such systems;
(3) Minimize water quality and quantity impacts causing degradation and
sedimentation of creeks, streams, ponds, lakes, and other water bodies;
(4) Preserve and enhance the suitability of waters for contact recreation, fish
and wildlife habitat, and aesthetics;
(5) Maintain and protect valuable groundwater quality, locations, and flow
patterns including points of recharge and discharge;
(6) Encourage the use of low impact development (LID) best management
practices when site characteristics support their operation in a cost
effective manner.
(76) Minimize the chance of flooding;
(87) Ensure the safety of public roads and rights-of-way;
ORDINANCE NO. 2015-XXX
(98) Decrease drainage related damage to public and private property;
and
(109) Provide for the enforcement of the provisions of this code.
Section 2. Arlington Municipal Code Section 13.28.060 shall be amended to
read as follows:
13.28.060 - Definitions. The following words and phrases, when used in this code,
shall have the following meanings:
"AMC" means Arlington Municipal Code.
"As-built" means a final approved drawing of the actual installation of
structures, materials and equipment that meets the requirements specified in the most
recent edition of the Engineering Standards.
"Best management practice" (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or
reduce structural damage, soil erosion, and water pollution. BMPs include, but are
not limited to, structural solutions covered by the terms "best available technology"
(BAT) and "all known available and reasonable methods of treatment" (AKART).
“Bioretention” means engineered facilities that treat stormwater by passing it
through a specified soil profile, and either retain or detain the treated stormwater for
flow attenuation. Refer to the Chapter 7 of Volume V of the Stormwater Manual for
bioretention BMP types and design specifications.
“Certified Erosion and Sediment Control Lead (CESCL)” means an individual
who has current certification through an approved erosion and sediment control
training program that meets the minimum training standards established by the
Washington Department of Ecology (Ecology) (see BMP C160 in the Stormwater
Manual). A CESCL is knowledgeable in the principles and practices of erosion and
sediment control. The CESCL must have the skills to assess site conditions and
construction activities that could impact the quality of stormwater and, the
effectiveness of erosion and sediment control measures used to control the quality of
stormwater discharges. Certification is obtained through an Ecology approved
erosion and sediment control course.
"City" means the city of Arlington, Washington unless otherwise specified.
"Comprehensive stormwater plan" means the latest version of the city of
Arlington Comprehensive Stormwater Plan as adopted by the city council.
"Conveyance system" means that part of the drainage system that conveys storm
and surface water, including pipes, storage facilities, catch basins, ditches, swales,
and stream courses.
ORDINANCE NO. 2015-XXX
"Detention facility" means an above or below ground facility, such as a pond or
vault, that temporarily stores stormwater runoff and subsequently releases it at a
slower rate than it is collected by the drainage facility.
"Director" means the director of the Arlington Public Works Department, or
designated representative.
“Discharge point” means the location where a discharge leaves the storm and
surface water system through the facilities/BMPs designed to infiltrate.
"Drainage connection permit" means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify
an existing private drainage system.
"Drainage system". See "storm and surface water system."
“Effective impervious surface” means impervious surfaces that are connected
via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are
considered ineffective if:
1) the runoff is dispersed through at least one hundred feet of native vegetation
in accordance with BMP T5.30 – “Full Dispersion” as described in Chapter 5 of
Volume V of the Stormwater Manual;
2) residential roof runoff is infiltrated in accordance with Downspout Full
Infiltration Systems in BMP T5.10A in Volume III of the Stormwater Manual;
or
3) approved continuous runoff modeling methods indicate that the entire runoff
file is infiltrated.
"Emergency" means any natural or human-caused event or set of circumstances
that disrupts or threatens to disrupt or endanger the operation, structural integrity or
safety of the drainage system; or endangers the health and safety of the public; or
aquatic inhabitants; or otherwise requires immediate action by the utility.
"Engineering standards" means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
“Erodible or leachable materials” means wastes, chemicals, or other substances
that measurably alter the physical or chemical characteristics of runoff when exposed
to rainfall. Examples include erodible soils that are stockpiled, uncovered process
wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster
leakage.
"Equivalent service unit" (ESU) means the measure of impervious area to be
used by the utility in assessing service charges against a parcel of property. One ESU
is equal to six thousand square feet of impervious area.
ORDINANCE NO. 2015-XXX
“Hard surface” means an impervious surface, a permeable pavement, or a
vegetated roof.
"Illicit discharge" means any discharge to a the storm and surface water system
municipal separate storm sewer that is not composed entirely of stormwater, except
discharges as allowed by this code.
"Illicit discharge detection and elimination (IDDE) program" means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive
in preventing and eliminating illicit discharges through education, training and
enforcement.
"Impervious area" means the non-vegetatedhard surface area that eitherwhich
prevents or retards the entry of water into the soil mantle as under natural conditions
prior to development. and/or A non-vegetated surface area which causes water to run
off the surface in greater quantities or at an increased rate of flow from that the flow
present under natural conditions prior to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots
or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials,
and oiled macadam or other surfaces which similarly impede the natural infiltration
of surface and stormwater runoff. Open retention/detention facilities and
stormwatervegetated wetlands shall not be considered as impervious surfaces for the
purposes of this section when the area of open water was incorporated in to the
designdetermining whether the thresholds for application of minimum requirements
are exceeded. Open, uncovered retention/detention facilities shall be considered
impervious surfaces for purposes of runoff modeling. An area or property may be
deemed impervious whether or not the same is occupied or inhabited.
“Land disturbing activity” means any activity that results in a change in the
existing soil cover (both vegetative and non-vegetative) and/or the existing soil
topography. Land disturbing activities include, but are not limited to clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening,
are not considered land-disturbing activity. Stormwater facility maintenance is not
considered land disturbing activity if conducted according to established standards
and procedures.
“Low Impact Development (LID)” means a stormwater and land use
management strategy that strives to mimic pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration by emphasizing
conservation, use of on-site natural features, site planning, and distributed
stormwater management practices that are integrated into a project design.
ORDINANCE NO. 2015-XXX
“LID Best Management Practices (BMPs)” means distributed stormwater
management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
permeable pavements, roof downspout controls, dispersion, soil quality and depth,
minimal excavation foundations, vegetated roofs, and water re-use.
“LID principles” means land use management strategies that emphasize
conservation, use of on-site natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
“Maintenance” means repair and maintenance includes activities conducted on
currently serviceable structures, facilities, and equipment that involves no expansion
or use beyond that previously existing and results in no significant adverse
hydrologic impact. It includes those usual activities taken to prevent a decline, lapse,
or cessation in the use of structures and systems. Those usual activities may include
replacement of dysfunctional facilities, including cases where environmental permits
require replacing an existing structure with a different type structure, as long as the
functioning characteristics of the original structure are not changed. One example is
the replacement of a collapsed, fish blocking, round culvert with a new box culvert
under the same span, or width, of roadway. In regard to stormwater facilities,
maintenance includes assessment to ensure ongoing proper operation, removal of
built up pollutants (i.e., sediments), replacement of failed or failing treatment media,
and other actions taken to correct defects as identified in the maintenance standards
of Chapter 4, Volume V of the Stormwater Manual.
"Maintenance standards" means City of Arlington Stormwater Utility
Maintenance Standards which includes minimum requirements for maintaining
drainage facilities so they function as intended and provide water quality protection
and flood control, maintenance standards are identified or referenced in the
engineering standards. Maintenance of stormwater management systems located in
critical areas buffers will be required to follow an approved plan approved by the
natural resources manager.
"Maximum extent practicable or MEP" refers to paragraph 402(p)(3)(B)(iii) of
the federal Clean Water Act which reads as follows: Permits for discharges from
municipal storm sewers shall require controls to reduce the discharge of pollutants to
the maximum extent practicable, including management practices, control
techniques, and system, design, and engineering methods, and other such provisions
as the Administrator or the State determines appropriate for the control of such
pollutants. means the use of best management practices that are technically and
financially achievable, and are the technically sound and financially responsible,
non-numeric criteria (standard of compliance) applicable to all municipal stormwater
discharges through the implementation of "best management practices."
"National Pollution Detection and Elimination System Phase II Municipal
Stormwater Permit" (NPDES II) means the permit first issued to the city by the
ORDINANCE NO. 2015-XXX
Washington Department of Ecology on February 16, 2007, and as may be
subsequently revised and reissued, and which contains federal and state conditions to
which the utility must comply.
“Native vegetation” means vegetation comprised of plant species, other than
noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and
which reasonably could have been expected to naturally occur on the site. Examples
include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-
leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and
salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
“New development” means land disturbing activities, including Class IV -
general forest practices that are conversions from timber land to other uses; structural
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans,
as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
"One hundred year, twenty-four hour storm" means a storm with twenty-four-
hour duration with a 0.01 probability of exceedance in any one year.
"Operations and maintenance manual" means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection
permit application or the stormwater credit application, approved by utility
reviewers, and revised and included with the as-built submittal. The O&M Manual
for a property becomes the basis for evaluation during private drainage stormwater
treatment and flow control BMP/facility inspections.
“Outfall” means a point source as defined by 40 CFR 122.2 at the point where a
discharge leaves the storm and surface water system and enters a surface receiving
waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or
other conveyances which connect segments of the same stream or other surface
waters and are used to convey primarily surface waters (i.e., culverts).
“On-site Stormwater Management BMPs” is a synonym for Low Impact
Development BMPs.
“Permeable pavement” means pervious concrete, porous asphalt, permeable
pavers or other forms of pervious or porous paving material intended to allow
passage of water through the pavement section. It often includes an aggregate base
that provides structural support and acts as a stormwater reservoir.
“Pervious Surface” means any surface material that allows stormwater to
infiltrate into the ground. Examples include lawn, landscape, pasture, native
vegetation areas, and permeable pavements.
"Pollution" means the contamination or other alteration of the physical,
chemical, or biological properties of any natural waters including change in
temperature, taste, color, turbidity, or odor of the waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into any such waters as will, or
ORDINANCE NO. 2015-XXX
is likely to, create a nuisance or render such waters harmful, detrimental, or injurious
to the public health, safety, or welfare, or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild
animals, birds, fish or other aquatic life, per RCW 90.48.20.
“Pollution-generating hard surface (PGHS)” means those hard surfaces
considered to be a significant source of pollutants in stormwater runoff. See the
listing of surfaces under pollution-generating impervious surface.
“Pollution-generating impervious surface (PGIS)” means those impervious
surfaces considered to be a significant source of pollutants in stormwater runoff.
Such surfaces include those which are subject to: vehicular use; industrial activities
(as further defined in the glossary of the Stormwater Manual); storage of erodible or
leachable materials, wastes, or chemicals, and which receive direct rainfall or the
run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non-
leachable material (e.g., baked-on enamel coating); or roofs that are subject to
venting significant amounts of dusts, mists, or fumes from manufacturing,
commercial, or other indoor activities.
“Pollution-generating pervious surfaces (PGPS)” means any non-impervious
surface subject to vehicular use, industrial activities (as further defined in the
glossary of the Stormwater Manual; or storage of erodible or leachable materials,
wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall,
use of pesticides and fertilizers, or loss of soil. Typical PGPS include permeable
pavement subject to vehicular use, lawns, and landscaped areas including: golf
courses, parks, cemeteries, and sports fields (natural and artificial turf).
“Pre-developed condition” means the native vegetation and soils that existed at a
site prior to the influence of Euro-American settlement. The pre-developed condition
shall be assumed to be a forested land cover unless reasonable, historic information
is provided that indicates the site was prairie prior to settlement.
"Procedure" means a procedure adopted by the utility, by and through the
director, to implement this code, or to carry out other responsibilities as may be
required by this code or other codes, ordinances, or resolutions of the city or other
agencies.
"Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in
the subject property or has been authorized by the owner to act on his/her behalf.
"Private system or private drainage stormwater treatment and flow control
BMP/facility" means any element of a storm and surface water system which is not a
part of the public drainage system as defined in this code.
"Public storm and surface water system, or public drainage system" means those
elements of the storm and surface water system:
(1) Located on property owned by the city or in public right-of-way; or
ORDINANCE NO. 2015-XXX
(2) Located on property on which the city has an easement, license or other
right of use for utility purposes.
“Rain garden” means a non-engineered shallow landscaped depression, with
compost-amended native soils and adapted plants. The depression is designed to
pond and temporarily store stormwater runoff from adjacent areas, and to allow
stormwater to pass through the amended soil profile.
“Receiving waterbody or Receiving waters” means naturally and/or
reconstructed naturally occurring surface water bodies, such as creeks, streams,
rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a
storm and surface water system discharges.
"Redevelopment" means, on a currently developed site that is already
substantially developed (i.e., has 35% or more of existing hard surface coverage), the
creation or addition of impervious hard surfaces; the expansion of a building
footprint or addition or replacement of a structure; structural development including
construction, installation, or expansion of a building or other structure; and/or
replacement of impervious hard surface that is not part of a routine maintenance
activity; and land or vegetation disturbing activities associated with structural or
impervious development.
“Replaced hard surface” for structures means the removal and replacement of
hard surfaces down to the foundation. For other hard surfaces, it means the removal
down to bare soil or base course and replacement.
“Replaced impervious surface” for structures means the removal and
replacement of impervious surfaces down to the foundation. For other impervious
surfaces, it means the removal down to bare soil or base course and replacement.
"Runoff control BMPs" means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
"Service charge" means the monthly fee levied by the utility upon all real
property within the boundary of the utility as authorized herein.
"Source control BMPs" means best management practicesa structure or
operation that isare intended to prevent pollutants from coming into contact
withentering stormwater and surface water through physical separation of areas or
careful management of activities that are sources of pollutants. Volume IV of the
Stormwater Manual includes two types of source control BMPs. Structural source
control BMPs are physical, structural, or mechanical devices, or facilities that are
intended to prevent pollutants from entering stormwater. Operational BMPs are non-
structural practices that prevent or reduce pollutants from entering stormwater.
"Storm and surface water system" (also referred to as the drainage system),
means the entire system within the city, both public and private, naturally existing
and manmade, for the drainage, conveyance, detention, treatment or storage of storm
and surface waters. However, facilities directly associated with buildings or
structures such as foundation drains, rockery/retaining wall drains, gutters and
ORDINANCE NO. 2015-XXX
downspouts or groundwater are not considered parts of the storm and surface water
system.
"Stormwater credit manual" a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on-site, private stormwater systems. It is the city's
intent to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but
effective credit system.
"Stormwater management program" (SWMP) is a set of actions and activities
which constitute a work plan for meeting the conditions of the city's NPDES II
Stormwater Discharge Permit and reduce our overall impact on the natural
environment.
"Stormwater manual" means the 2005 most current version of the Washington
Department of Ecology Stormwater Management Manual for Western Washington,
as hereby adopted.
"Stormwater manual administrator" is the public works director or their
designee. This person acts on the city's behalf to interpret matters associated with the
stormwater manual and to grant adjustments that are consistent with stormwater
manual objectives.
“Stormwater Treatment and Flow Control BMPs/Facilities” means detention
facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable
pavements that help meet Minimum Requirements #6 (treatment), #7 (flow control),
or both from the SWMMWW..
"Stream" means any channels as defined in AMC 20.88.100. These include
areas where surface waters flow sufficiently to produce a defined channel, bed or
swale where flow may be perennial or intermittent. This definition is not meant to
include ditches constructed to convey: ephemeral stormwater flows; irrigation water;
or other entirely artificial watercourses, unless they are used to convey certain
streams naturally occurring prior to construction.
"Unsafe condition" means any condition on any premises which is a hazard to
public health or safety that does or may impair or impede the operation or
functioning of any portion of the public drainage system or which may cause damage
thereto.
"Utility" means the stormwater utility, within the utilities division of the public
works department of the city of Arlington.
"Utility service area" means that service area defined by the city of Arlington
city limits and as may be expanded through subsequent inter-local agreements,
annexations and special utility district assumptions.
“Waters of the State” includes those waters as defined as "waters of the United
States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington
ORDINANCE NO. 2015-XXX
State and "waters of the state" as defined in chapter 90.48 RCW which includes
lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all
other surface waters and water courses within the jurisdiction of the State of
Washington.
Section 3. Arlington Municipal Code Section 13.28.070 shall be amended to
read as follows:
13.28.070 - Applicability of the utility.
Any of the following actions or applications for any of the following permits
and/or approvals will require submittal for approval by the utility: site plans, design
drawings, and operations and maintenance plans. Submittals for the following shall
be consistent with the provisions of this code, and shall comply with the stormwater
manual and the engineering standards:
(1) Any modification of an existing drainage system;
(2) Creation of new or additional impervious hard surfaces;
(3) New development;
(4) Redevelopment that creates or alters impervious hard surfaces;
(5) Land disturbing activities, including construction, clearing, grubbing,
grading, filling, excavation or dewatering;
(6) Subdivision approval;
(7) Short subdivision approval;
(8) Commercial, industrial or multi-family site plan approval;
(9) Planned unit development or planned residential development;
(10) Development within or adjacent to critical areas; and
(11) Substantial development permit required under RCW 90.58 (Shoreline
Management Act).
Section 4. Arlington Municipal Code Section 13.28.080 shall be amended to
read as follows:
13.28.080 - Authority of the utility.
The utility, by and through its director, or designee shall have the authority to:
(1) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to,
procedures pertaining to the billing and collection of monthly service charges
ORDINANCE NO. 2015-XXX
and procedures for periodic adjustment of fees and charges imposed pursuant to
this code and rate structure as defined in AMC 13.12
(2) Prepare and update as needed engineering standards to establish minimum
requirements for the design and construction of drainage facilities and
requirements for protecting existing facilities during construction. The
engineering standards shall be consistent with this code and adopted city
policies.
(3) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, review, construction, inspection and maintenance
of all new public and private stormwater treatment and flow control and surface
water BMPs/facilities and relating to the regulation of storm and surface water
system alterations.
(4) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement
of owners constructing facilities (latecomer agreements) and agreements with
private property owners.
(5) Prepare, update, administer and enforce as needed, maintenance standards to
establish minimum requirements for the maintenance of drainage facilities so
they function as intended, protect water quality and provide flood flow control.
(6) Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued
compliance of drainage facilities with this code.
(7) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(8) Prepare, revise as needed, recommend and iImplement a comprehensive
stormwater plan for adoption by the city council, and revise as needed. and
Pprepare basin plans and other studies that are approved in the utility's adopted
budget.
(9) Develop a stormwater management program, as required by state and/or federal
agencies.
(10) Develop an illicit discharge detection and elimination program, as required
by state and/or federal agencies.
(11) Establish and implement programs to protect and maintain water quality
and to manage stormwater runoff within the storm and surface water system in
order to maintain compliance to the maximum extent practicable with applicable
water quality standards established by state and/or federal agencies as now or
hereafter adopted.
(12) Perform or direct the performance of financial review and analysis of the
utility's revenues, expenses, indebtedness, rates and accounting and recommend
budgets, rates and financial policy for adoption by the city council.
ORDINANCE NO. 2015-XXX
(13) Carry out such other responsibilities as required by this code or other city
codes, ordinances or regulations consistent with the Arlington Comprehensive
Plan.
(14) Terminate utility service, including wat er and sewer service, to any utility
customer who is violating any provision of this code, to the extent permitted by
law.
(15) Conduct public education programs related to protection and enhancement
of the drainage systemdesigned to reduce or eliminate behaviors and practices
that cause or contribute to adverse stormwater impacts and encourage the public
to participate in stewardship activities.
(16) Provide ongoing opportunities for public involvement and participation.
(176) Develop an underground injection control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
Section 5. Arlington Municipal Code Section 13.28.090 shall be amended to
read as follows:
13.28.090 - Comprehensive stormwater plan.
A Ccomprehensive Sstormwater Pplan shall bewas developed by the utility for
review and adoption by the city council and adopted by the City Council in October
2010 . This plan will be updated in the future as needed. The utility shall recommend
supplements or updated plans for adoption by the city council as needed.
Section 6. Arlington Municipal Code Section 13.28.130(G) shall be amended to
read as follows:
(G) In the case of runoff stormwater treatment and flow control
BMPs/facilities, the facility serves a residential subdivision or short plat, rather
than a commercial property; and
Section 7. Arlington Municipal Code Section 13.28.140 shall be amended to
read as follows:
13.28.140 - Permits—Approvals.
Drainage connection permit.
(1) A drainage connection permit is required to connect to or modify the
public drainage system or modify a private drainage system,
(2) The property owner shall apply for a drainage connection permit whenever
new development or redevelopment involves any of the following:
ORDINANCE NO. 2015-XXX
(A) Detention or other runoff flow control facilities; or
(B) Runoff Stormwater treatment facilities, other than spill control structures;
or
(C) Work on the public drainage system or within the right-of-way:
(D) Culverts for driveways that can be covered under another permit such as a
grading or right-of-way permit; or
(E) Work on private drainage systems that may or may not be covered under
another permit such as a building or grading permit.
(3) A drainage connection permit application must be made by the property
owner or their licensed and bonded contractor.
(4) Drainage connection permit issuance date will coincide with the site/civil
permit approval date and shall expire eighteen months from the date of issuance,
or as otherwise specified in the engineering standards.
(5) The utility will accept constructed facilities as complete once the facilities
have been constructed according to the approved plans and specifications, as
confirmed by utility inspectors and as-built drawings along with a final O&M
manual have been completed as specified in the engineering standards; and all
applicable fees and charges have been paid. Ownership of newly constructed
stormwater drainage systems within the public right-of-way or in easements
conveyed to the city shall be transferred to the city through a bill of sale.
(6) Contractors. Contractors shall be licensed in accordance with Washington
State requirements and shall be registered with the city of Arlington.
(7) The city engineer, or their designee, shall administratively determine
submittal requirements for all permits pertaining to stormwater system design and
construction.
(8) When an application for drainage connection, new drainage system, or
drainage modification is required, it shall be the property owner's responsibility to
design all drainage facilities required to serve the property including, but not
limited to, conveyance systems, runoff treatment best management practices,
detention facilities and other system components, in accordance with engineering
standards and the requirements of this code.
Civil permit.
(1) All stormwater review submittals for projects with greater than 2,000 square feet
of new, replaced, or new plus replaced impervious surfaces shall include, in
addition to the information required under any other applicable city code, a
stormwater site plan, as described in the Stormwater Manual.
(1)(2) The City’s Community and Economic Development Director or designee
shall review all plans for compliance with this chapter.
(3) The director may administratively, without hearing, approve and issue a Civil
permit when required by the Stormwater Manual if the proposed activity
complies with requirements in this chapter.
(4) Fees. Application, review and inspection fees as set in the City of Arlington Fee
Schedule shall be paid.
ORDINANCE NO. 2015-XXX
Section 8. Arlington Municipal Code Section 13.28.150 shall be amended to
read as follows:
13.28.150 - Engineering and design requirements.
(a) General
(1) Authorities. The stormwater engineering and design requirements of the
city, including but not limited to thresholds, definitions, minimum
requirements, adjustment and variance criteria, and exceptions to these
requirements, shall be governed by the 2005 Department of Ecology
Stormwater Manual, the city of Arlington Engineering Standards, and all
provisions of this code, including permits issued under Section 13.28.120,
and including differences identified elsewhere in 13.28.130. In the event of
conflicts between the various provisions, the most restrictive provision shall
apply.
(2) Divergence fFrom the Stormwater Manual. Design, construction,
maintenance, and other requirements to be applied on projects within the
city may differ from the Sstormwater Mmanual, and may be modified from
time to time in order to meet regulatory requirements or to take advantage
of improved technology or advancements in best available science. All such
requirements which differ from those of the Sstormwater Mmanual shall be
clearly identified within the engineering standards or within permits issued
by the city.
(3) Low Impact Development (LID). Nothing in this AMC 13.28 is intended
to preclude the use of non-structural preventative actions and source
reduction approaches as alternatives to the engineering and design
requirements identified herein, and in the stormwater manual and the
Eengineering Sstandards. These measures include LID techniques which
minimize the creation of impervious surfaces and the disturbance of native
soils and vegetation. The city's LID code and procedures shall be specified
in AMC Title 20 - Land Use Code and in the city of Arlington Engineering
Standards.
(b) Thresholds and Minimum Requirements
(1) Applicability
All new and redevelopment projects in Arlington are subject to some or all of
the Minimum Requirements in the Stormwater Manual and summarized in this
section.
New development
All new development shall be required to comply with Minimum Requirement
#2.
ORDINANCE NO. 2015-XXX
The following new development shall comply with Minimum Requirements #1
through #5 for the new and replaced hard surfaces and the land disturbed:
Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
Has land disturbing activity of 7,000 square feet or greater
The following new development shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
Results in 5,000 square feet, or greater, of new plus replaced hard surface
area, or
Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
Converts 2.5 acres, or more, of native vegetation to pasture.
Redevelopment
All redevelopment shall be required to comply with Minimum Requirement #2.
The following redevelopment shall comply with Minimum Requirements #1
through #5 for the new and replaced hard surfaces and the land disturbed:
Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
Has land disturbing activity of 7,000 square feet or greater
The following redevelopment shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
Results in 5,000 square feet, or greater, of new hard surfaces, or
Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
Converts 2.5 acres, or more, of native vegetation to pasture.
(2) Minimum Requirements
This section describes the Minimum Requirements for stormwater management
for new development and redevelopment projects which meet the thresholds
summarized in 13.28.150(b)(1).
Minimum Requirement #1: Preparation of Stormwater Site Plans
The project proponent shall prepare a Stormwater Site Plan in accordance with
Chapter 3 of Volume I of the Stormwater Manual. The Stormwater Site Plan shall be
designed by or under the direction of a civil engineer licensed to practice in
Washington State. The Stormwater Site Plan is a comprehensive report that contains
all of the technical information and analysis necessary for the City to evaluate a
ORDINANCE NO. 2015-XXX
proposed new development or redevelopment for compliance with stormwater
requirements.
Minimum Requirement #2: Construction Stormwater Pollution Prevention Plan
(SWPPP)
All new development and redevelopment projects are responsible for preventing
erosion and discharge of sediment and other pollutants into receiving waters.
Projects which result in 2,000 square feet or more of new plus replaced hard surface
area, or which disturb 7,000 square feet or more of land must prepare a Construction
SWPPP as part of the Stormwater Site Plan (see Minimum Requirement 1) in
accordance with Chapter 2 of Volume I of the Stormwater Manual.
Projects that result in less than 2,000 square feet of new plus replaced hard surface
area, or disturb less than 7,000 square feet of land are not required to prepare a
Construction SWPPP, but must consider all of the 13 Elements of Construction
Stormwater Pollution Prevention and develop controls for all elements that pertain to
the project.
The 13 Elements are listed below.
(1) Preserve Vegetation/Mark Clearing Limits
(2) Establish Construction Access
(3) Control Flow Rates
(4) Install Sediment Controls
(5) Stabilize Soils
(6) Protect Slopes
(7) Protect Drain Inlets
(8) Stabilize Channels and Outlets
(9) Control Pollutants
(10) Control De-Watering
(11) Maintain BMPs
(12) Manage the Project
(13) Protect Low Impact Development BMPs
Minimum Requirement #3: Source Control of Pollution
All known, available and reasonable source control BMPs must be applied to all
projects meeting the thresholds in this section. Source control BMPs must be
selected, designed, and maintained in accordance with Volume IV of the Stormwater
Manual.
ORDINANCE NO. 2015-XXX
Minimum Requirement #4: Preservation of Natural Drainage Systems and
Outfalls
Natural drainage patterns shall be maintained, and discharges from the project site
shall occur at the natural location, to the maximum extent practicable. The manner
by which runoff is discharged from the project site must not cause a significant
adverse impact to downstream receiving waters and downgradient properties. All
outfalls require energy dissipation.
Minimum Requirement #5: On-site Stormwater Management
Projects shall employ On-site Stormwater Management BMPs in accordance with
the following projects thresholds, standards, and lists to infiltrate, disperse, and retain
stormwater runoff on-site to the extent feasible without causing flooding or erosion
impacts.
Projects qualifying as flow control exempt in accordance with Chapter 2 of Volume I
of the Stormwater Manual do not have to achieve the LID performance standard, nor
consider bioretention, rain gardens, permeable pavement, and full dispersion if using
List #1 or List #2. However, those projects must implement BMP T5.13; BMPs
T5.10A, B, or C; and BMP T5.11or T5.12 from the Stormwater Manual, if feasible.
Projects triggering only Minimum Requirements #1 through #5 shall either:
(1) Use On-site Stormwater Management BMPs from List #1 for all surfaces
within each type of surface in List #1; or
(2) Demonstrate compliance with the LID Performance Standard. Projects
selecting this option cannot use Rain Gardens. They may choose to use
Bioretention BMPs as described in Chapter 7 of Volume V of the Stormwater
Manual to achieve the LID Performance Standard.
Projects triggering Minimum Requirements #1 through #9, must meet the
requirements in Table 13.28-1.
Table 13.28-1. On-site Stormwater Management Requirements for Projects
Triggering Minimum Requirements #1 - #9
Project Type and Location Requirement
New development on any parcel inside the
UGA, or new development outside the
UGA on a parcel less than 5 acres
Low Impact Development Performance
Standard and BMP T5.13; or List #2
(applicant option).
New development outside the UGA on a
parcel of 5 acres or larger
Low Impact Development Performance
Standard and BMP T5.13.
Redevelopment on any parcel inside the Low Impact Development Performance
ORDINANCE NO. 2015-XXX
List #1: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through #5
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-2). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
Table 13.28-2. On-site Stormwater Management List #1
Surface Type BMPs
Lawn and landscaped
areas
Post-Construction Soil Quality and Depth in accordance
with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.10A in
Section 3.1.1 of Volume III of the Stormwater Manual.
2. Rain Gardens in accordance with BMP T5.14A in Chapter
5 of Volume V, or Bioretention in accordance with Chapter
7 of Volume V of the Stormwater Manual. The rain garden
or bioretention facility must have a minimum horizontal
projected surface area below the overflow which is at least
5% of the area draining to it.
3. Downspout Dispersion Systems in accordance with BMP
T5.10B in Section 3.1.2 of Volume III of the Stormwater
Manual.
4. Perforated Stub-out Connections in accordance with BMP
T5.10C in Section 3.1.3 of Volume III of the Stormwater
Manual.
ORDINANCE NO. 2015-XXX
List #2: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through #9
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-3). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
Table 13.28-3. On-site Stormwater Management List #2
Surface Type BMPs
Lawn and landscaped
areas
Post-Construction Soil Quality and Depth in accordance
with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.10A in
Section 3.1.1 of Volume III of the Stormwater Manual.
2. Bioretention in accordance with Chapter 7 of Volume V
of the Stormwater Manual. The bioretention facility must
have a minimum horizontally projected surface area below
the overflow which is at least 5% of the total surface area
ORDINANCE NO. 2015-XXX
Minimum Requirement #6: Runoff Treatment
Project thresholds for the construction of stormwater treatment facilities are
presented in Table 13.28-4 and include:
Projects in which the total of effective, pollution-generating impervious
surface (PGIS) is 5,000 square feet or more in a threshold discharge area of
the project, or
Projects in which the total of pollution-generating pervious surfaces
(PGPS) is three-quarters (3/4) of an acre or more in a threshold discharge
area, and from which there is a surface discharge in a natural or man-made
conveyance system from the site.
Table 13.28-4. Treatment Requirements by Threshold Discharge Area
< ¾ acres of
PGPS
≥ ¾ acres
PGPS
<5,000 sf
PGIS
≥ 5,000 sf
PGIS
Treatment Facility X X
On-site Stormwater
BMPs
X X X X
ORDINANCE NO. 2015-XXX
Stormwater treatment facilities shall be:
• Selected in accordance with the process identified in Chapter 4 of Volume
I and Chapter 2 of Volume V of the Stormwater Manual
• Designed in accordance with the design criteria in Volume V of the
Stormwater Manual, and
• Maintained in accordance with the maintenance schedule in Volume V of
the Stormwater Manual
Minimum Requirement #7: Flow Control
Project thresholds for the construction of flow control facilities and/or on-site
stormwater management (Minimum Requirement #5) BMPs to achieve the flow
control requirement are shown in Table 13-28-5.
Table 13.28-5. Flow Control and On-site Stormwater Management
Requirements by Threshold Discharge Area
Flow Control Facilities On-site Stormwater
Management BMPs
< ¾ acres conversion to
lawn/landscape, or < 2.5 acres to
pasture
X
≥ ¾ acres conversion to
lawn/landscape, or ≥ 2.5 acres to
pasture
X X
< 10,000 square feet of effective
impervious area
X
≥ 10,000 square feet of effective
impervious area
X X
≥ 0.1 cubic feet per second increase in
the 100-year flood frequency (1)
X X
(1) Estimated using the Western Washington Hydrology Model or other
approved model.
Flow Control BMPs shall be selected, designed, and maintained in accordance with
Volume III of the Stormwater Manual.
Minimum Requirement #8: Wetlands Protection
ORDINANCE NO. 2015-XXX
All projects discharging into a wetland or its buffer, either directly or indirectly
through a drainage system, shall prevent impacts to wetlands that would result in a
net loss of functions or values. Projects shall comply with the requirements in the
Stormwater Manual.
Minimum Requirement #9: Operation and Maintenance
An operation and maintenance (O&M manual) is required for proposed stormwater
treatment and flow control facilities/BMPs (designed to meet Minimum
Requirements #6 and/or #7). The O&M Manual should be consistent with the
provisions in Volume V of the Stormwater Manual.
Section 9. Arlington Municipal Code Section 13.28.170(b)(1) shall be amended
to read as follows:
If the utility requires a property owner to upsize a drainage stormwater treatment
and/or flow control BMP/facility, the utility will compensate the property owner
for the difference in material cost between the normally sized facility and the
upsized facility, based on the lowest of three bids furnished by the property owner
from reputable licensed contractors. Upsizing means the difference between the
city's minimum design standards, as defined in the engineering standards, and the
required facility size.
Section 10. Arlington Municipal Code Section 13.28.190(b) shall be amended to
read as follows:
(b) Requirements. All of the following requirements shall be met before the
city will accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The proposed easement shall be compatible with utility clearance
standards and setback standards and with other utilities or easements; and
(3) The easement shall provide the city with access to the facility for
inspection, repair, and maintenance; and
(4) The easement shall prohibit all structures within the easement except those
which can readily be removed by the structure's owner at the owner's
expense when access to the drainage stormwater treatment and flow control
BMP/facility is required by the utility. If such structures are within the
easement area, an agreement to remove the structures on request by the
utility, approved by the city, shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing
ORDINANCE NO. 2015-XXX
necessary maintenance, repair, or replacement work on the utility located
within the easement. The utility may request the land owners upon whose
property the easement crosses to remove select vegetation and landscape. If
the land owners upon whose property the easement crosses fail to comply
with the request to remove vegetation and landscaping, the utility may
remove the landscaping with city employees or a licensed contractor at the
owner's expense.
(6) The easement dimensions and other requirements shall conform to the
engineering standards. The easement must be recorded prior to final
approval of the project.
(7) New easements will not be granted through areas that already have a
critical area protection easement, or other areas already identified as
vegetated buffers.
Section 11. Arlington Municipal Code Section 13.28.200 shall be amended to
read as follows:
13.28.200 - Construction requirements.
(a) General. When constructing or modifying drainage facilities, compliance is
required with this code, the engineering standards, the approved site/civil
permit, plans and specifications, the terms of any drainage connection permit,
the recommendations of the manufacturer of the materials or equipment used,
and any applicable local, state or federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and
other site conditions conform to WISHA safety standards and other safety
requirements, as applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete public stormwater treatment and flow control
BMPdrainage /facility construction begun by a property owner or
contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way) if the work does not meet utility
requirements, the contractor or person doing the work fails to rectify the
problem following notification by the utility, and the work, in the opinion of
the utility, constitutes a hazard to public safety, health or the drainage
system.
(2) Utility costs incurred pursuant to Subsection (c)(1) of this section shall be
calculated pursuant to AMC 13.28.170 and charged to the owner or
contractor in charge of such work. The permittee shall pay the utility
immediately after written notification is delivered to the responsible parties
or is posted at the location of the work. Such costs shall constitute a civil
ORDINANCE NO. 2015-XXX
debt owed to the utility jointly and severally by such persons who have been
given notice as herein provided. The debt shall be collectable in the same
manner as any other civil debt owing the utility. In addition, if an assurance
device was collected for the project, the city may collect the debt from the
assurance device.
(3) If in the opinion of the director, the work being performed is not in
accordance with these codes or the engineering standards and the permittee
is unwilling to change or correct the deficiencies, the director may issue a
stop work order until the deficiencies are corrected.
(d) Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(1) Contractors licensed in accordance with AMC 13.28.120(f).
(2) Property owners working on their own property.
(e) Posting of Drainage Connection Permit. If a drainage connection permit is
required for the work, the permit shall be readily available at the job site to
utility inspectors.
(f) Location of Connection. Connection to the drainage system shall be made at a
point approved by the utility.
(g) As-Built Drawings and O&M Manual. An as-built plan shall be completed
according to the requirements in the engineering standards and filed with the
utility prior to the city's acceptance of the improvements or final approval by the
utility inspectors. An final O&M manual is required for all projects that trigger
Minimum Requirement #6 and/or Minimum Requirement #7. The final O&M
manual shall be submitted that reflects any changes to the drainage system
between permitting and final construction approval.
Section 12. Arlington Municipal Code Section 13.28.210 shall be amended to
read as follows:
13.28.210 - Construction and warranty inspections and tests.
(a) Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities
are subject to utility inspection to ensure compliance with the approved
stormwater site plan, code, engineering standards, and permit/approval
conditions. As a condition of permit issuance, the applicant shall consent to
inspection and testing. Stages of work requiring inspection include (but are not
limited to) prior to clearing and construction, during construction, and
completion of construction and prior to final approval or occupancy. The
drainage system shall be installed concurrently with site development and shall
be completed as shown on the approved plan before city approval of an
occupancy permit or final inspection.
ORDINANCE NO. 2015-XXX
(b) Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re-inspected at the utility's discretion
and, if necessary, retested prior to the expiration of the warranty period.
(c) Inspection Records. Records of all inspection and enforcement actions shall be
maintained by the director, including inspection reports, warning letters, notices
of violations, and other enforcement records.
Section 13. Arlington Municipal Code Section 13.28.220 shall be amended to
read as follows:
13.28.220 - Inspection and Maintenance of drainage stormwater BMPs/
facilities.
(a) Maintenance Responsibility.
(1) The utility is responsible for maintaining, repairing, and replacing public
drainage facilities.
(2) Owners of private drainage facilities, including but not limited to
detention facilities, runoff treatment facilities and conveyance facilities, are
responsible for the operation, maintenance, repair, and replacement of those
facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short
plat.
(4) If a private drainage stormwater treatment and flow control BMP/facility
serves multiple lots and the responsibility for maintenance has not been
specified on the subdivision plat, short plat or other legal document,
maintenance responsibility shall rest with the homeowners association, if
one exists, or otherwise with the properties served by the facility, or finally,
with the owners of the property on which the facilities are located.
(b) Inspection and Maintenance and Inspection Standards. Drainage facilities
shall be maintained so that they operate as intended. Stormwater maintenance
standards shall be in accordance with the Sstormwater Mmanual, the
engineering standards, and in accordance with the operation and maintenance
plan (O&M manual) approved for the drainage stormwater treatment and flow
control BMP/facility operation and maintenance plan.
(c) Ongoing Inspections. The regular inspection of privately owned storm
drainage facilities or controls is essential to enable the city to evaluate the proper
operation of the storm and surface water system and the environment. The city
shall have access to private stormwater facilities for inspection to ensure they
are properly operated and maintained in accordance with the Stormwater
ORDINANCE NO. 2015-XXX
Manual per AMC Section 13.28.080. Annual inspections will be conducted by
city staff on all stormwater treatment and flow control BMPs/facilities that
discharge to the storm and surface water system that have been built since the
date listed in the city’s current NPDES II permit, unless available maintenance
records can be used to justify a reduced inspection frequency.
(e) When an inspection identifies an exceedance of the maintenance standard,
maintenance shall be performed:
(1) Within one year for typical maintenance of facilities, except catch basins.
(2) Within six months for catch basins.
(3) Within two years for maintenance that requires capital construction less
than $25,000.
(f) Records for Maintenance and Inspection of Private Facilities. The owner shall
maintain records of inspection and maintenance, disposal receipts, and monitoring
results. The records shall catalog the action taken, the person who took it, the date
said action was taken, how it was done, results of any monitoring effort, and any
problems encountered or follow-up actions required. The records shall be made
available to the city upon request. The owner shall maintain a copy of the O&M
Manual (if required) on site, and shall make reference to such document in real
property records filed with Snohomish County, so others who acquire real property
served by the privately owned storm drainage facilities or controls are notified of
their obligation to maintain such facilities or controls.
Section 14. Arlington Municipal Code Section 13.28.230 shall be amended to
read as follows:
13.28.230 - Discharge of polluting matter.
(a) Discharge of Polluting Matter Prohibited. No person shall discharge, either
directly or indirectly, any organic or inorganic matter into the storm and surface
water system that may cause or tend to cause water pollution, including, but not
limited to, the following:
(1) Petroleum products including but not limited to oil, gasoline, grease, fuel
oil and heating oil;
(2) Trash or debris;
(3) Pet wastes;
(4) Chemicals;
(5) Paints, stains, resins, lacquers, or varnishes;
(6) Steam cleaning wastes;
(7) Washing of fresh concrete for cleaning and/or finishing purposes or to
expose aggregates;
ORDINANCE NO. 2015-XXX
(8) Wash water runoff from pavementsstreets, sidewalks, and building
exteriors;
(9) Laundry wastes;
(10) Soaps, and detergents, or ammonia;
(11) Pesticides, herbicides, or fertilizers;
(12) Sanitary sewage;
(13) Heated water;
(14) Chlorinated water or chlorine;
(15) Degreasers and/or solvents;
(16) Bark and other fibrous material;
(17) Antifreeze or other automotive products;
(18) Lawn clippings, leaves, or branches;
(19) Non-native invasive plants or seeds;
(20) Animal carcasses or aquarium pets;
(21) Sediment, silt, or gravel;
(22) Acids, or alkalis, or bases;
(23) Recreational vehicle wastes;
(24) Dyes (without prior permission of the drainage utility);
(25) Construction materials;
(26) Food waste;
(27) Lawn watering and other irrigation runoff;
(28) Swimming pool, spa, and hot tub discharges (unless meeting the
conditions in Subsection (b) of this section);
(29) Runoff from dust control efforts.
(b) Swimming pool, spa, and hot tub discharges shall be allowed where discharges
are de-chlorinated to a total residual chlorine concentration of 0.1 part per
million (ppm) or less, pH-adjusted and re-oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re-suspension of sediments in
the storm and surface water system. Discharges shall be thermally controlled to
prevent an increase in temperature of the receiving water. Swimming pool
cleaning wastewater and filter backwash shall not be discharged to the storm and
surface water system.
(c) Discharges from potable water sources, including water from water line flushing,
hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline
ORDINANCE NO. 2015-XXX
hydrostatic test water, shall be allowed. Planned discharges shall be de-
chlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-
adjusted, if necessary and in volumes and velocities controlled to prevent re-
suspension of sediments in the storm and surface water system.
(cd) Pavement Washing Prohibited. In addition to the prohibitions of
Subsection (a) of this section, washing of public or private streets, sidewalks,
and parking areas is not permitted unless all of the following conditions are met:
(1) No other feasible alternative exists to remove the undesirable material; and
(2) Prior written approval is obtained from the director; and
(3) Facilities are provided to collect and treat the wash water runoff and
affected drainage facilities are cleaned.
(de) Discharge of Pollutants—Liability for Expenses Incurred by the Utility.
Any person responsible for pollutant discharge into the storm and surface water
system who fails to immediately collect, remove, contain, treat or disperse such
pollutant materials at the director's request shall be responsible for the necessary
expenses incurred by the city in carrying out any pollutant abatement
procedures, including the collection, removal, containment, treatment or
disposal of such materials.
(ef) Source Control BMPs. To prevent discharge of polluting matter into the
storm and surface water system, source controls shall be applied in accordance
with the maintenance standards for public and private systems as per AMC
13.28.220(b).
Section 15. Arlington Municipal Code Section 13.28.270(c) shall be amended to
read as follows:
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the
review and adoption of the annual budget. Rate adjustments shall be
recommended by the director as needed to meet revenue requirements of the
utility. The recommendation shall consider equity, adequacy, costs, NPDES
II requirements and other factors allowed by law.
Section 16. Arlington Municipal Code Section 13.28.280(a) shall be amended to
read as follows:
(a) Voluntary Correction. In the event a property owner or contractor violates
any of the provisions of this code, the Sstormwater Mmanual, or the
engineering standards, city staff shall work with the violator to voluntarily
correct the situation and comply with these conditions. Education and
cooperative problem solving shall govern the city's response during this
period.
ORDINANCE NO. 2015-XXX
Section 17. Severability. Should any section, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 18. Effective Date. The title of this ordinance which summarizes the
contents 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 AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
UV9
UV531
UV530
172ND ST NE
SMOKEY POINT BLVD
T VEIT RD
59TH AVE NE
MCELROY RD
CEMETERY RD
200TH ST NE
188TH ST NE
AIRPORT BLVD
204TH ST NE
51ST AVE NE
JORDAN RD
164TH ST NE
19TH DR NE
E 1ST ST
OLD BURN RD
43RD AVE NE
63RD AVE NE
91ST AVE NE
89TH AVE NE
25TH AVE NE
27TH AVE NE
PIONEER HWY E
45TH DR NE
95TH AVE NE
TWIN LAKES AVE
MORAN RD
SCHLOMAN RD
31ST AVE NE
211TH PL NE
N WEST AVE
168TH ST NE
74TH AVE NE
220TH ST NE
207TH ST NE
176TH PL NE
88TH DR NE
79TH AVE NE
E UNION ST
42ND DR NE
97TH AVE NE
192ND PL NE
66TH AVE NE
71ST DR NE
62ND DR NE
183RD PL NE
208TH ST NE
101ST AVE NE
TOPPER CT
228TH ST NE
59TH AVE NE
188TH ST NE
§¨¦5
SR 530
E 5TH ST
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
1305000
1305000
1307500
1307500
1310000
1310000
1312500
1312500
1315000
1315000
1317500
1317500
1320000
1320000
1322500
1322500
1325000
1325000
1327500
1327500
1330000
1330000
1332500
1332500
420000
420000
422500
422500
425000
425000
427500
427500
430000
430000
432500
432500
435000
435000
437500
437500
440000
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442500
0 2,500 5,0001,250 ft
Produced By: GISProject: K:\Projects\Y2013\13-05659-000\Project\Overview_SW_Potential_Facilities.mxd (12/22/2014)
Coordinates: NAD 1983Washington State Plane North FIPS 4601
ESRI, Aerial (2011)
Legend
Arlington city limits
Potential regional stormwater facility
Over view.Potential Regional Stormwater FacilityLocations.
DRAFT
1
Proposed Revisions to City of Arlington Standards and Specs
Section & Page Reference Existing Text Proposed Revisions to Existing Text
Section 1-3.10: Storm
Drainage Plan
Page 1-3-13 (Jan. 2015)
9) Show the following for all stormwater detention facilities:
• Show and label at least two cross-sections through the detention pond. One
cross section shall show the control structure.
• Show the location and details of emergency overflows and spillways.
• Provide invert elevations of all pipes, inlets, tanks, vaults and spot elevations of
the pond bottom. Label the pond volume, dimensions and design surface
elevation.
• Provide plan and section views with details of all rock protection and energy
dissipaters.
• Section and plan view of flow control structure must be shown with adequate
detail, including size and elevation of orifices.
• Show length, width, as well as the bottom width for all bio-filtration and water
quality swales along with stormwater conveyance swales. Include sectional view,
showing side slopes and design depth of flow.
• Include seeding material information.
• Show types or classifications of streams and/or wetlands adjacent to the project
or receiving stormwater from the project.
Show the following for all stormwater detention facilities:
• Show and label at least two cross-sections through the detention pond stormwater facility. One cross section shall show the
control structure, if included.
• Show the location and details of emergency overflows and spillways.
• Provide invert elevations of all pipes, inlets, tanks, vaults and spot elevations of the pond facility bottom. Label the pond
facility volume, dimensions and design surface elevation.
• Provide plan and section views with details of all rock protection and energy dissipaters.
• Section and plan view of flow control structure, if included, must be shown with adequate detail, including size and
elevation of orifices.
• Show length, width, as well as the bottom width for all bio-filtration and water quality swales along with stormwater
conveyance swales bioretention facilities and biofiltration swales. Include sectional view, showing side slopes and design
depth of flow.
• Include seeding material information.
• Show types or classifications of streams and/or wetlands adjacent to the project or receiving stormwater from the project.
Section 1-5: Easements
Page 1-5-21 (Jan. 2015)
Utility easements shall not be located lineally in critical areas or their buffers, but if
necessary they may be allowed to cross through perpendicularly in a manner not
impacting naturally occurring functions.
Utility easements shall not be located lineally in critical areas or their buffers, but if necessary they may be allowed to cross
through perpendicularly in a manner not impacting naturally occurring functions. LID facilities are allowed in critical area
buffers per AMC Title 20.
Section 2-1.02(9):
Driveways
Page 2-9 (Jan. 2015)
9) The width of residential driveway approaches shall not exceed 25 feet unless
otherwise approved by the City Engineer. The driveway approach is defined as the
area between full sections of a street’s vertical curb that are lowered to allow
vehicular access into the property.
10) The width of commercial driveway approaches shall be a minimum of 35 feet
and maximum of 40 feet, or otherwise approved by the City Engineer.
9) The width of residential driveway approaches shall not exceed 25 24 feet unless otherwise approved by the City Engineer.
The driveway approach is defined as the area between full sections of a street’s vertical curb that are lowered to allow
vehicular access into the property.
10) The width of commercial driveway approaches shall be a minimum of 35 feet and maximum of 40 feet, or otherwise
approved by the City Engineer.
2
Section & Page Reference Existing Text Proposed Revisions to Existing Text
manufacturer’s recommendations for the fabric used. Cutback aspha
7) Asphaltic binder for use with geotextile fabric shall conform to the manufacturer’s recommendations for the fabric used.
3
Section & Page Reference Existing Text Proposed Revisions to Existing Text
•
•
•
•
•
•
4
Section & Page Reference Existing Text Proposed Revisions to Existing Text
These sections show 3” Class B Asphalt for residential areas and 4” Class B Asphalt
for industrial/commercial areas
–––
–
–The radius of the cul-de-sac on Standard Detail R-070 is 60’ (50’ of pavement, a 5’
planter around the edge, and a 5’ sidewalk).
5
Section & Page Reference Existing Text Proposed Revisions to Existing Text
–fics “cement concrete” and includes the following notes:
Sidewalks shall be a minimum of 4” thick and shall be Class 3000 cement
Sidewalk shall be at least 6” thick in driveways.
an edger having a ¼” radius.
Sidewalks are typically 5’ wide, wider sidewalk may be required by City.
–
Sidewalks shall be a minimum of 4” thick and
Sidewalk shall be at least 6” thick in driveways.
All joints shall be cleaned and edged with an edger having a ¼” radius.
Sidewalks are typically 5’ wide, wider sidewalk may be required by City.
–
–
–
Update terminology to “planter strip” for consistency with specifications:
–
–
–
City of Arlington
Council Agenda Bill
Item:
WS # 2
Attachment
B
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
AMC Chapter 20.40 (Permissible Uses) Update LUCA (Land Use Code Amendment)
ATTACHMENTS:
Planning Commission Findings of Fact/Proposed Changes
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
City staff and Planning Commission are recommending an update to Arlington
Municipal Code Chapter 20.40 (Permissible Uses). These amendments include
changes to the permissible use table which regulates appropriate land uses by zoning
category.
HISTORY:
At the request of City Staff, the Arlington City Council passed a six month
development moratorium on May 4, 2015 on RV Parks to allow Staff and the Planning
Commission time to evaluate the appropriateness of RV Parks within the City’s
Commercial Zones. At the May 19, 2015 Planning Commission Meeting, the
Commission suggested that, in addition to evaluating RV Parks, that the commission
also look at other permissible uses within the table that could be cause for concern.
Over the following months the Commission held discussions on proposed changes
and held a public hearing on the matter on September 1, 2015. Since proposed changes
to the land-use table can be a sensitive issue, staff advertised the hearing in the City e-
newsletter and website in addition to a legal notice in the Herald.
City of Arlington
Council Agenda Bill
Item:
WS # 2
Attachment
B
ALTERNATIVES
Approve staff’s recommendation
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
Worksho ; discussion onl .
2nd Draft 150820
Chapter 20.40 - PERMISSIBLE USES 1
Sections: 2
20.40.010 - Table of permissible uses. 3
Table 20.40-1, the Table of Permissible Uses sets forth the permissible uses for within the various 4
respective zoning districts classifications in the city, subject to other applicable provisions in this title. It 5
should be read in close conjunction with the definitions of terms set forth in Section 20.08.010 (Definitions 6
of Basic Terms) and the other interpretative provisions set forth in this article. 7
(Ord. 1388 § 3, 2006; Ord. 1363 § 3, 2005; Ord. 1309 § 5(part), 2003) 8
(Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014) 9
20.40.020 - Use of the designations Z, S, C in table of permissible uses. 10
(a) Subject to Section 20.40.030 (Community Development Director Jurisdiction Over Uses Otherwise 11
Permissible With a Zoning Permit), when used in connection with a particular use in the Table of 12
Permissible Uses (Section 20.40.010), the letter “P” means that the use is permissible with a valid City 13
business license. The letters “ZV” mean that the use is permissible with a Zoning Verification approval. 14
The letters ACUP mean that the use is permissible with an Administrative Conditional Use Permit. The 15
letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the 16
community development director. The letter "S" means a special use permit must be obtained from 17
the community development director or hearing examiner, and the letter "C" means a conditional use 18
permit must be obtained from the hearing examiner. 19
(b) When used in connection with residential uses (use classification 1.000), the designation "ZSC" means 20
that such developments of less than twenty dwelling units must be pursuant to a zoning permit, 21
developments of twenty or more but less than fifty dwelling units need a special use permit, and 22
developments of fifty or more dwelling units require a conditional use permit. 23
(c) When used in connection with nonresidential uses, the designation "ZS" or "ZC" means that such 24
developments require a zoning permit if the total area to be developed is less than four acres in size, 25
and a special or conditional use permit, respectively, if the total area is four acres or larger in area. 26
The area to be developed shall be measured using a rectangular perimeter enclosing the full extent of 27
the on-site development, including any development that may be necessary to meet the requirements 28
of this title. If development occurs in succession over time, then a special or conditional use permit 29
shall be required at the point when the entire developed or developing area surpasses four acres. 30
(d) Use of the designation ZSC for combination uses is explained in Section 20.40.080 (Combination 31
Uses). 32
(Ord. 1309 § 5(part), 2003) 33
20.40.030 - Community development director jurisdiction over uses otherwise permissible with a zoning 34
permit. 35
Notwithstanding any other provisions of this chapter, whenever the Table of Permissible Uses (interpreted 36
in the light of Section 20.40.020 (Use of the Designations Z, S, C in Table of Permissible Uses) and the 37
other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a 38
residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if 39
the community development director finds that the proposed use would have an extraordinary impact on 40
neighboring properties or the general public. In making this determination, the community development 41
director shall consider, among other factors, whether the use is proposed for an undeveloped or previously 42
Page 1
2nd Draft 150820
developed lot, whether the proposed use constitutes a change from one principal use classification to 1
another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, 2
and whether the proposed use is substantially unique or is likely to have impacts that differ substantially 3
from those presented by other uses that are permissible in the zoning district in question. 4
(Ord. 1309 § 5(part), 2003) 5
20.40.040 - Permissible uses and specific exclusions. 6
(a) The presumption established by this title is that all legitimate uses of land are addressed within the 7
Table of Permissible Uses, and are either allowed or not allowed thereby. But because the list of 8
permissible uses set forth in Section 20.40.010 (Table of Permissible Uses) cannot be all-inclusive, 9
those uses that are listed shall be interpreted liberally to include other uses that have similar impacts 10
to the listed uses. 11
(b) Notwithstanding Subsection (a), all distinct uses that are not listed in Section 20.40.010 (Table of 12
Permissible Uses), even given the liberal interpretation mandated by Subsection (a), are prohibited. 13
Nor shall Section 20.40.010 (Table of Permissible Uses) be interpreted to allow a use in one zoning 14
district when the use in question is more closely related to another specified use that is permissible in 15
other zoning districts. Similarly, all uses listed but left blank under the zone compatibility columns are 16
prohibited. 17
(c) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited 18
in all districts: 19
(1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly 20
combustible or explosive materials in violation of the city's fire prevention code. 21
(2) Stockyards, slaughterhouses, rendering plants. 22
(3) Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence. 23
(Temporary residence is permitted under certain conditions pursuant to Section 20.44.044, 24
Recreational Vehicles as Temporary Dwelling Units). 25
(4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any 26
goods are sold or stored, any services are performed, or other business is conducted. This 27
prohibition does not apply to temporary public services, such as bookmobiles, blood donation 28
centers, public service information, etc. (Situations that do not comply with this subsection on the 29
effective date of this title are required to conform within thirty days.) 30
(5) The following activities, including any similar activities, are prohibited as home occupations in all 31
zones: marijuana production, marijuana processing, and marijuana retail. 32
(Ord. 1309 § 5(part), 2003) 33
(Ord. No. 2014-002, § 4, 2-3-2014) 34
20.40.050 - Accessory uses. 35
(a) The Table of Permissible Uses (Section 20.40.010) classifies different principal uses according to their 36
different impacts. Whenever an activity (which may or may not be separately listed as a principal use 37
in this table) is conducted in conjunction with another principal use and the former use (i) constitutes 38
only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly 39
associated with the principal use and integrally related to it, then the former use may be regarded as 40
accessory to the principal use and may be carried on underneath the umbrella of the permit issued for 41
the principal use. For example, a swimming pool/tennis court complex is customarily associated with 42
and integrally related to a residential subdivision or multi-family development and would be regarded 43
Page 2
2nd Draft 150820
as accessory to such principal uses, even though such facilities, if developed apart from a residential 1
development, would require a special use permit (use classification 6.210). 2
(b) For purposes of interpreting Subsection (a): 3
(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of 4
itself or in relation to the principal use, 5
(2) To be "commonly associated" with a principal use it is not necessary for an accessory use to be 6
connected with such principal use more times than not, but only that the association of such 7
accessory use with such principal use takes place with sufficient frequency that there is common 8
acceptance of their relatedness. 9
(c) Without limiting the generality of Subsections (a) and (b), the following activities, so long as they satisfy 10
the general criteria set forth above, are specifically regarded as accessory to residential principal uses: 11
(1) Offices or studios within an enclosed building and used by an occupant of a residence located on 12
the same lot (or lots where the principal use occupies more than one lot) as such building to carry 13
on administrative or artistic activities of a commercial nature, so long as such activities do not fall 14
within the definition of a home occupation. 15
(2) Hobbies or recreational activities of a noncommercial nature. 16
(3) The renting out of one or two rooms within a single-family residence (which one or two rooms do 17
not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not 18
more than two persons who are not part of the family that resides in the single-family dwelling. 19
(4) Yard sales or garage sales, so long as such sales are not conducted on the same lot (or lots 20
where the principal use occupies more than one lot) for more than three days (whether 21
consecutive or not) during any ninety-day period. 22
(d) Without limiting the generality of Subsections (a) and (b), the following activities shall not be regarded 23
as accessory to a residential principal use and are prohibited in residential districts. 24
(1) Abandoned vehicles as regulated by AMC Chapter 9.92 (Abandoned Vehicles). 25
(Ord. 1309 § 5(part), 2003) 26
20.40.060 - Permissible uses not requiring land use permits. 27
Notwithstanding any other provisions of this title, no zoning, special use, or conditional use permit is 28
necessary for the following uses: 29
(1) Streets. 30
(21) Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, 31
together with supporting poles or structures, located within a public right-of-way. 32
(32) Neighborhood, but not regional, utility facilities located within a public right-of-way with the 33
permission of the owner (state or city) of the right-of-way. 34
(Ord. 1309 § 5(part), 2003) 35
20.40.070 - Change in use. 36
(a) A substantial change in use of property occurs whenever a new use or activity conducted on a lot 37
creates a more intensive impact to the site in question or to the infrastructure of the city than the 38
previous use, as determined by the community development director and/or his or her designee. 39
(b) A mere change in the status of property from occupied to unoccupied or vice versa does not constitute 40
a substantial change in use. Whether a change in use occurs shall be determined by comparing the 41
Page 3
2nd Draft 150820
two active uses of the property without regard to any intervening period during which the property may 1
have been unoccupied, unless the property has remained unoccupied for more than one hundred 2
eighty consecutive days or has been abandoned. 3
(c) A mere change in ownership of a business or enterprise or a change in the name shall not be regarded 4
as a substantial change in use. 5
(Ord. 1411 § 32, 2007; Ord. 1309 § 5(part), 2003) 6
20.40.080 - Combination uses. 7
(a) When a combination use comprises two or more principal uses that require different types of permits 8
(zoning, special use, or conditional use), then the permit authorizing the combination use shall be: 9
(1) A conditional use permit if any of the principal uses combined requires a conditional use permit. 10
(2) A special use permit if any of the principal uses combined requires a special use permit but none 11
requires a conditional use permit. 12
(3) A zoning permit in all other cases. This is indicated in the Table of Permissible Uses by the 13
designation ZSC in each of the columns adjacent to the 29.000 classification. 14
(Ord. No. 1312, 11-17-2003; Ord. 1309 § 5(part), 2003) 15
20.40.090 - More specific use controls. 16
Whenever a development could fall within more than one use classification in the Table of Permissible Uses 17
(Section 20.40.010), the classification that most closely and most specifically describes the development 18
controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and 19
service operations conducted entirely indoors and designed to attract customers or clients to the premises). 20
However, classification 3.130, "office or clinics of physicians or dentists with not more than ten thousand 21
square feet of gross floor area" more specifically covers this use and therefore is controlling. 22
Table 20.40-1: Table of Permissible Uses 23
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Family Residences
family detached,
one dwelling unit
per lot
Page 4
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
built & modular
structures
ZV ZV ZV ZV ZV ZV
"A" mobile home1 ZV ZV ZV ZV
"B" mobile home1 ZV ZV ZV ZV
mobile home
Family apartment
above permitted
non-
(one only)17
ZV ZV ZV ZV ZV ZV
Family Apartment
less than 200
square feet used
exclusively for a
night watchman
Z
family detached,
more than one
dwelling unit per
lot
built & modular
structures
ZS
C
Page 5
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
B or C mobile
homes (mMobile
hHome pPark)
ZS
C ZSC ZSC ZS
C
Housing ZSC ZSC C
Family apartment
above permitted
non-
(one only)17
ZV ZV ZV ZV ZV ZV
Family Attached,
one dwelling unit
per lot, site-built
and modular
structures
ZSC ZS
C
ZS
C ZSC
Family Residences
family conversion2 ZV ZV ZV ZV
residence with
aAccessory
dwelling unit2,12
ZV ZV ZV ZV ZV
Page 6
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
family apartment Z
use above a
permitted non-
residential use
(one only)17
ZV ZV ZV ZV ZV
Family Residences
family conversions C Z
family townhouses C Z
family apartments C Z
use above a
permitted non-
residential use
(Mixed Use)14, 17, 18
ZS
C ZSC ZSC ZSC ZSC ZS
C
emphasizing
special services,
treatment, or
supervision
Page 7
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
in a single-family
residence
infirm7
C C C C C C ZS ZS
care, intermediate
care homes7
C C C C C C ZS ZS
Needs Child care
homes 7
C C C C C C ZS ZS
houses7 C C C C C C ZS ZS
Family Homes (6
or fewer adults)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
in a multi-family
residence
(occupying single
or multiple
dwelling units)
infirm7
C C
Page 8
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
care, intermediate
care homes7
C C
Needs Child care
homes7
C C
houses7 C C
Family Homes (6
or fewer adults)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
Miscellaneous,
rooms for rent
situations
houses, boarding
houses
SZ SZ SZ Z SZ Z Z
homes and other
temporary
residences renting
by the day or week
SZ SZ SZ Z SZ Z Z Z
businesses or
institutions
providing
ZSC ZSC ZSC ZSC
18
ZS
C
ZS
C
Page 9
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
accommodations
Child Day Care PZ PZ PZ PZ PZ PZ PZ PZ
emergency,
construction, and
repair residences
Z Z Z Z Z Z Z Z Z Z Z Z Z Z
RENTAL OF
GOODS,
MERCHANDISE
AND EQUIPMENT
or display
outside fully
enclosed building
(except for
sidewalk displays,
occasional/tempor
ary sales, or
horticultural sales
occupying less
than 200 square
feet)
volume traffic
generation
General
ZC ZC ZC ZC ZS18 ZS
Page 10
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Miscellaneous
Convenience
stores
Z Z Z Z Z Z
Wholesale sales ZS18 ZS ZS ZS ZS Z11
volume traffic
generationSales/R
entals
a non-retail
principle use
ZC ZC ZC ZC ZS ZS ZS ZS ZS Z11
Wholesale sales ZS ZS ZS ZS ZS Z11
and display of
enclosed building
allowed
volume traffic
generation
Mechantile17
ZC ZC ZS ZS ZS
volume traffic
generationSales/R
ZC ZC ZS ZS ZS ZS
Page 11
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
principle use
Wholesale sales ZS ZS ZS
sales and
deliveryTransient
Merchant Sales
(vending carts,
food trucks, ice
cream trucks,
mobile delivery,
peddlers, and
similar uses)3
PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ
CLERICAL,
RESEARCH AND
SERVICES NOT
PRIMARILY
RELATED TO
GOODS OR
MERCHANDISE
operations
within fully
enclosed building
Operations
and serve
ZS ZS ZS ZS ZS18 ZS ZS ZS
15 ZS
12 ZS
Page 12
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
clients on the
premises, such as
the offices of
attorneys,
physicians, other
professions,
insurance and
stockbrokers,
travel agencies,
government office
buildings, etc.
Operations
little or no
customer or client
traffic other than
employees of the
entity operating
the principal use
operations
conducted on any
floor level
ZS ZS ZS ZS ZS ZS ZS Z11 ZS
operations
conducted on
second or higher
floors, but not on
the ground floor
ZS ZS ZS ZS ZS ZS ZS ZS Z11
Page 13
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
clinics of
physicians or
dentists with not
more than 10,000
square feet of
gross floor area
ZS ZS ZS ZS ZS ZS ZS ZS
conducted
partially or fully
outside fully
enclosed building
Operations
and serve
customers or
clients on the
premises
ZS18 ZS
Operations
little or no
customer or client
traffic other than
the employees of
the entity
operating the
principal use
ZS ZS ZS ZS
Page 14
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
with drive-thruin
windows
ZS ZS ZS ZS ZS ZS
PROCESSING,
CREATING,
REPAIRING,
RENOVATING,
PAINTING,
CLEANING,
ASSEMBLING OF
GOODS,
MERCHANDISE
AND EQUIPMENT
operations
within fully
enclosed building
of dollar volume
Primarily consists
of business done
with walk-in trade
ZS ZS ZS ZS ZS ZS Z11
of dollar volume
Primarily consists
of business not
done with walk-in
trade
ZS ZS ZS Z11
Page 15
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
conducted within
or outside fully
enclosed building
ZS
EDUCATIONAL,
CULTURAL,
RELIGIOUS,
PHILANTHROPIC,
SOCIAL,
FRATERNAL USES
Elementary and
secondary
(including
and athletic and
other facilities)18
C C C C C C C10
vocational schools C C ZS16 ZS ZS ZS18 ZS ZS 18 18 Z11
universities,
community
colleges (including
associated
facilities such as
dormitories, office
buildings, athletic
fields, etc.)17
C C C C ZS ZS18 ZS ZS ZS
18 C10
Page 16
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
assembly as
principle on-site
use.Churches,
synagogues, and
temples (including
associated
residential
structures for
and associated
buildings but not
including
elementary school
or secondary
school buildings)17
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
assembly
accessory to an
existing on-site
non-religious
principle use
P P P P P P P P P P P P P P P P
museums, art
galleries, art
centers, and
similar uses
(including
associated
educational and
instructional
activities)
Page 17
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
within a building
designed and
previously legally
occupied as a
residence or
within a building
having a gross
floor area not
exceeding 3,500
square feet
SZ SZ SZ SZ ZS ZS ZS ZS ZS ZS ZS ZS ZS C10
within any
permissible
structurebuilding
C C C C ZS ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 Z11 C10
and similar uses17
ZS ZS ZS ZS ZS ZS ZS ZS
18 ZS ZS18
RECREATION,
AMUSEMENT,
ENTERTAINMENT
conducted
primarily within
building or
substantial
structure
Page 18
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
alleys, skating
rinks, indoor
tennis and squash
pool halls, indoor
athletic and
exercise facilities
and similar uses
ZS ZS ZS ZS1
8 ZS ZS
18
ZS
18
ZS
18
theaters
capacity of not
more than 30017
ZS ZS ZS ZS ZS ZS
Unlimited seating
capacity17
ZS ZS ZS ZS
Coliseums,
stadiums, and all
other facilities
listed in the 6.100
classification
accommodate
simultaneously
more than 1,000
people17, 18
ZS ZS ZS ZS ZS
conducted
primarily outside
Page 19
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
or structures
owned outdoor
recreational
facilities such as
golf and country
clubs, swimming
or tennis clubs,
etc., not
constructed
pursuant to a
some residential
development17
C C C C C ZS ZS ZS ZS ZS
owned and
operated outdoor
recreational
facilities such as
athletic fields, golf
courses, tennis
courts, swimming
pools, parks, etc.,
not constructed
pursuant to a
the
another use such
as a school17
ZS
18 ZS18 ZS18 ZS ZS ZS ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 ZSC
10
Page 20
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
driving ranges not
accessory to golf
courses, par 3 golf
courses, miniature
golf courses,
skateboard parks,
water slides, and
similar uses17
C18 C18 C18 ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 ZSC
10
Horseback riding;
stables (not
constructed
authorizing
residential
development)
ZS ZS
Automobile and
motorcycle racing
tracks
ZC ZC
activities
conducted indoors
ZC ZC
Activities
conducted either
indoors or
outdoors
Page 21
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
movie theaters17, 18 ZS ZS ZS ZS
Trailer Parks17, 18 ZS ZS ZS
INSTITUTIONAL
RESIDENCE OR
CARE OR
CONFINEMENT
FACILITIES
clinics, other
medical (including
mental health)
square feet of
floor area17, 18
ZS C ZS ZS ZS ZS ZS ZS ZS
C C10
care institutions,
intermediate care
institutions,
handicapped or
infirm institutions,
child care
institutions17, 18
C C C ZS C ZS ZS ZS ZS ZS ZS ZS ZS
C
Institutions (other
than halfway
houses) where
mentally ill
C C C ZS C C ZS ZS ZS ZS ZS C
Page 22
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
confined17, 18
correctional
facilities13, 18
C10
RESTAURANTS,
BARS, NIGHT
CLUBS
substantial carry-
out or delivery
service; no drive-
thru service; no
service or
consumption
inside or outside
fully enclosed
buildingstructure
ZS ZS ZS ZS ZS18 ZS ZS ZS
18 Z11
substantial carry-
out or delivery
service; no drive-
service; service or
consumption
outside fully
allowed
ZS ZS ZS ZS ZS18 ZS ZS ZS
18 Z11
and delivery
service; no drive-
ZS ZS ZS ZS ZS ZS ZS ZS ZS Z
Page 23
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
service;consumpti
on outside fully
enclosed
buildingstructure
allowed
and delivery
service; drive-in
thru
service;service or
consumption
outside fully
enclosed structure
building allowed
ZS ZS ZS ZS ZS ZS ZS
and delivery
service; drive-in
service for
beverages and
pastries only (only
as an accessory
use physically
attached to a
primary use)
ZS
2 ZS22 ZS22 ZS22 ZS22 ZS
22
Establishments
offering adult
entertainment
C
Establishments 21
Page 24
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
VEHICLE-RELATED
SALES AND
SERVICE
OPERATIONS
Aviation Related
Operations
vehicle sales or
rental; mobile
home sales
ZS ZS ZS ZS
installation of
motor vehicle
parts or
accessories (e.g.,
tires, mufflers,
etc.)
ZS ZS ZS ZS
vehicle repair and
maintenance, not
including
substantial body
work
for longer than 24
consecutive hours
ZS ZS ZS
Page 25
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
for longer than 24
consecutive hours
ZS
vehicle painting
and body work
for longer than 24
consecutive hours
ZS ZS
for longer than 24
consecutive hours
ZS
sales18 ZS ZS ZS ZS ZS ZS ZS
Operations ZS ZS
Vehicle
Infrastructure
ZS
24 ZS25 ZS25 ZS2
3
ZS2
3 ZS ZS ZS ZS ZS ZS ZS
26 ZS ZS Z Z Z24
Related
Operations
Page 26
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
sales or rental Z11
sales with
installation of
aircraft parts or
accessories (e.g.,
propellers, tires,
mufflers, etc.)
Z11
repair and
maintenance, not
including
substantial body
work
Z11
painting and body
work
Z11
fuel sales Z11
wash Z11
AND PARKING
Aautomobile
parking garages or
parking lots not
ZS ZS ZS ZS ZS ZS ZS ZS ZSC
10
Page 27
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
another principal
use to which the
parking is related
of goods not
related to sale or
on the same lot
where they are
stored
storage within
completely
enclosed buildings
structures
ZS ZS ZS ZS ZS ZS ZSC
10
partially or fully
enclosed
structures
ZS ZSC
10
of vehicles or
storage of
enclosed
structures where:
(I) vehicles or
equipment are
owned and used
by the person
making use of lot,
ZS ZSC
10
Page 28
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
storage is more
than a minor and
incidental part of
the overall use
made of the lot
or storage of
aircraft, either
inside or outside
completely
enclosed
structures
Z11
MATERIALS
SALVAGE YARDS,
JUNKYARDS,
AUTOMOBILE
AUTOMOBILE
RECYCLING
FACILITIES
ZS
19
AND ENTERPRISES
RELATED TO
ANIMALS
Veterinarian ZS ZS ZS ZS ZS ZS ZS
Page 29
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Grooming/Pet
Store
ZS ZS ZS ZS ZS
EMERGENCY
SERVICES
Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 10
Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 10
squad, ambulance
service18
C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC
10
defense operation ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS Z11 10
AGRICULTURAL,
SILVICULTURAL,
MINING,
QUARRYING, SOIL
PROCESSING
OPERATIONS
Agricultural
operations,
farming
Page 30
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Excluding livestock Z27 Z27
Including
livestock18
ZS
Silvicultural
operations
ZS ZS
quarrying, or soil
processing
operations,
including on-site
sales of product
ZS
6 ZSC
10
Reclamation
landfill
ZS
6 ZSC
10
MISCELLANEOUS
PUBLIC AND SEMI-
PUBLIC FACILITIES
Office ZS ZS ZS ZS ZS ZS ZS ZS ZS 10
Waste Facilities
Page 31
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Privately owned)
Waste Transfer
Station
ZS
6 ZSC
10
Waste Recycling
Center
ZS
6 ZSC
10
Landfill 6 10
Recycling 6 Z11 10
Reserve, National
Guard Centers
ZS ZS ZS ZS ZS Z11 ZSC
10
Temporary mobile
or modular
public services
(e.g., mobile
classrooms, civic
services, public
health centers,
emergency
response centers,
etc.)4
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 Z10
Page 32
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
CLEANER,
LAUNDROMAT
ZS ZS ZS ZS ZS ZS ZS
FACILITY
Neighborhood Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z11 ZS10
Community or
Regional
C C C C C C C C C C ZS ZS Z11 ZS10
AND RELATED
STRUCTURES 18, 28
Commercial
Towers
and antennas 50
feet tall or less
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z11 Z10
and antennas
more than 50 feet
tall and receive-
only earth stations
S S S S S Z S ZS ZS ZS ZS ZS ZS1
1 ZS10
Commercial
Telecommunicatio
Page 33
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Monopoles
Antennas 50 feet
tall or less
Z Z Z Z Z
Antennas more
than 50 feet tall
and receive-only
earth stations
ZS ZS ZS ZS ZS
Facilities8 Z Z Z Z Z Z Z Z Z Z Z Z Z Z
Facilities8 Z Z Z Z Z Z Z Z Z Z Z
Facilities8 Z Z Z Z Z Z Z Z Z Z Z
Monopole I8 C C C
Monopole II8 C C
Towers8
MARKETS AND
HORTICULTURAL
SALES
Page 34
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Temporary
(Seasonal)
Farmer’s markets
(farm and craft
markets, flea
markets, produce
markets)17
ZS ZS ZS ZS ZS ZS
Horticultural sales
with outdoor
display
ZS ZS ZS ZS
collective gardens Prohibited in all zones
dispensaries Prohibited in all zones
HOME ZS ZS ZS ZS ZS ZS ZS ZS ZS
AND
CREMATORIUM
ZS ZS ZS ZS
Crematorium ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS10
COMMERCIAL
NURSERY
S S S S S ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 ZS18
Page 35
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
CARE CENTERS 17
TEMPORARY
IN CONNECTION
WITH THE
CONSTRUCTION
OF A PERMANENT
BUILDING OR FOR
SOME NON-
RECURRING
PURPOSE NEW OR
IMPROVED
STREETS
ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV ZV
11 ZV ZV1
0
STATION, TRAIN
STATION 17
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
COMMERCIAL
GREENHOUSE
OPERATIONS
premises sales ZS ZS
premise sales
permitted
ZS ZS ZS ZS
EVENTS PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ 1 P PZ10
Page 36
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
PREMISE SIGNS (Miscellaneous Restrictions and Prohibitions)
SUBDIVISIONS &
BOUNDARY
ADJUSTMENTS
Line Adjustments Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
28.400 Unit Lot C
Housing ZSC ZSC C
COMBINATION
USES
ZS
C ZSC ZSC ZS
C
ZS
C
ZS
C ZSC ZSC ZSC ZSC ZS
C
ZS
C
ZS
C
ZS
C
ZS
C ZSC
10
DEVELOPMENTS
Planned
Neighborhood
Developments 20
Permissible only in Master Planned Neighborhood districts
with legislative approval
Page 37
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
EXCAVATION, OR
FILLING 5
Z
CLEARING,
LOGGING IN
CONFORMANCE
WITH CHAPTER
20.88
(ENVIRONMENTAL
LY CRITICAL
AREAS) BUT OF
MORE THAN
10,000 ft2 OF
ONE YEAR 9
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
RESPECTIVE USES
PERMISSIBLE IN
RESPECTIVE
SENSITIVE
CRITICAL AREAS
PER (SEE CHAPTER
20.88 93
(ENVIRONMENTAL
LY CRITICAL
AREAS)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
MARIJUANA
PRODUCTION,
PROCESSING, AND
RETAIL
Page 38
2nd Draft 150820
USE DESCRIPTIONS
SR D D D R C 1 2 3 GC HC BP LI GI AF S P
Marijuana
production
Z27 Z27
Marijuana
processing
Z27 Z27
Marijuana retail Z Z
1
Footnotes to the Table of Permissible Uses 2
These footnotes are intended to be a helpful reminder that specific uses may be subject to 3
supplemental regulations. The lack of a footnote does not mean that a particular use is not subject 4
to applicable supplemental use regulations. If a particular use does not have a footnote, there still 5
may be applicable supplemental use regulations. If a proposed use is clearly intended to comply 6
with specific supplemental use regulations, then it is subject to them. The community development 7
director will make the determination of whether specific supplemental use regulations are 8
applicable to a particular project. Please see Chapter 20.44 for a complete list of the supplemental 9
use regulations. 10
1Subject to Section 20.44.060 (Minimum Parcel Sizes for Class "A," "B," or "C" Mobile Homes). 11
2Subject to Section 20.48.010 (Minimum Lot Size Requirements). 12
3Subject to Section 20.44.080 (Mobile Sales and Delivery). 13
4Subject to Section 20.44.048 (Temporary Public Structures). 14
5Subject to Section 20.44.100 (Permits for Grading and Filling). 15
6Subject to Section 20.44.010 (Solid Waste, Quarrying, Mining, and Similar Uses). 16
7Subject to Section 20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision). 17
Page 39
2nd Draft 150820
8Subject to Section 20.44.034 (Wireless Communications Facilities) 1
9Subject to Section 20.44.110 (Permits for Land Clearing) 2
10Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public 3
agency for the benefit of the general public. 4
11Such uses allowed only if in compliance with the intent of the zone as established in Section 5
20.36.034 (Aviation Flightline District Established). 6
12Such uses allowed only if in compliance with the intent of the zone as established in Section 7
20.36.036 (Medical Services District Established). 8
13Subject to Section 20.44.096 (Penal and Correctional Facilities). 9
14Subject to Section 20.44.016 (Mixed Use Developments). 10
15Subject to Section 20.44.084 (Stand Alone Office Uses in the General Industrial Zone). 11
16Subject to Section 20.44.062 (Trade or Vocational Schools in the OTB-1). 12
17Subject to Section 20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport 13
Property). 14
18Subject to Section 20.38.080 (Performance Standards and Miscellaneous Restrictions). 15
19Subject to Section 20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, 16
Automobile Graveyards and Automobile Recycling Facilities). 17
20Subject to Section 20.44.032 (Master Planned Neighborhood Developments). 18
sz;8q le;2q 21Subject to .the requirements of AMC Chapter 3.32 , and further subject to the 19
following locational criteria: only permitted in areas east of Interstate-5 (I-5), west of Smokey 20
Point Drive, north of 172nd Street NE/SR 531, and south of 3207 Smokey Point Drive. 21
22Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on 22
the premises. 23
23Battery charging stations only, limited in use only to the tenants or customers of the development 24
located on-site. 25
24Level 1 and Level 2 restricted electric charging stations only. Level 3 public electric charging 26
stations allowed in public parks. 27
25Level 1 and Level 2 restricted electric charging stations only. 28
Page 40
2nd Draft 150820
26Accessory to primary use only, not to exceed twenty percent of primary use. ql 1
27Agricultural products limited to marijuana production and processing. Subject to Section 2
20.48.040 (Building Setback Requirements). Marijuana production shall be limited to ten thousand 3
square feet of canopy per business. The total number of active business licenses for marijuana 4
production and processing shall be capped at fourteen until December 31, 2015. 5
28Subject to the requirements of AMC Chapter 20.38 (Airport Protection District) 6
(Ord. 1454 § 10, 2008; Ord. 1450 § 1, 2008; Ord. 1449 § 1, 2008; Ord. 1441 § 2, 2007; Ord. 1438 7
§ 9, 2007; Ord. 1411 § 33, 2007; Ord. 1393 § 5, 2006; Ord. 1392 § 7, 2006; Ord. 1309 § 5(part), 8
2003). 9
(Ord. No. 2010-001, § 4(Exh. A), 1-8-2010; Ord. No. 2011-002, 2-7-2011; Ord. No. 2011-026, § 10
3, 10-3-2011; Ord. No. 2012-012, § 1, 7-2-2012; Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 11
2014-002, § 3, 2-3-2014; Ord. No. 2014-015, § 3, 10-6-2014) 12
Page 41
City of Arlington
Council Agenda Bill
Item:
WS # 3
Attachment
C
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Public Hearing on Six Year Transportation Improvement Plan
ATTACHMENTS:
- Resolution Six Year Transportation Improvement Plan
- 2016-2021 Six Year Transportation Improvement Plan – Project List
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
Public Hearing on the 2016-2021 Six Year Transportation Improvement Plan (TIP)
HISTORY:
Attached to this CAB is a copy of the City’s proposed Six Year Transportation
Improvement Plan (TIP) for Council review. In accordance with State Law, every
municipality must annually update their TIP for the following six years. Any road
construction project that is to be considered for Intermodal Surface Transportation
Efficiency Act or Transportation Improvement Board funding must be listed on the TIP.
To be eligible for allocation of ½ -cent gas tax monies, projects must also be listed.
The attached TIP represents projects that the City would like to have completed, or
funded, over the next six years (2016 to 2021). Prior to adopting this plan it must be
presented for a Public Hearing which will be held on October 5, 2015.
ALTERNATIVES
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED MOTION:
No action requested – workshop prior to public hearing only.
RESOLUTION NO. 2013-XXX
RESOLUTION NO. 2015-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON ADOPTING THE OFFICIAL SIX YEAR TRANSPORTATION
IMPROVEMENT PLAN FOR THE CITY OF ARLINGTON.
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO
RESOLVE:
SECTION 1. That certain comprehensive Transportation Improvement Plan for
the six years commencing July 1, 2016 as detailed in the attached “Exhibit A” is hereby
adopted as the Official Six Year Transportation Improvement Plan for the City of
Arlington.
PASSED at a regular meeting of the City of Arlington, Washington held on the
5th day of October, 2015.
CITY OF ARLINGTON
_______________________________
Barbra Tolbert, Mayor
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
1 Arilington TIF Funds $0
PE $662,577 TBD Funds $1,069,130 $675,000 $675,000 $675,000 $675,000 $675,000 $4,444,130
ROW $0 WSDOT Funds $0
CN $4,858,901 TIB Grant Funding $332,510 $332,510
TOTAL $5,521,478 PSRC/STP Funding $184,838 $185,000 $150,000 $125,000 $100,000 $0 $744,838
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $1,586,478 $860,000 $825,000 $800,000 $775,000 $675,000 $5,521,478
2 Arilington TIF Funds $25,000 $25,000 $25,000 $25,000 $25,000 $150,000 $275,000
PE $51,000 TBD Funds $0
ROW $0 WSDOT Funds $75,000 $75,000 $150,000
CN $374,000 TIB Grant Funding $0
TOTAL $425,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $25,000 $100,000 $25,000 $25,000 $100,000 $150,000 $425,000
3 Arilington TIF Funds $170,759 $170,759
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,700,000 TIB Grant Funding $1,314,511 $1,314,511
TOTAL $1,700,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $200,000 $200,000
SUBTOTAL THIS PROJECT $1,685,270 $0 $0 $0 $0 $0 $1,685,270
4 Arilington TIF Funds $195,750 $195,750
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,450,000 TIB Grant Funding $1,254,250 $1,254,250
TOTAL $1,450,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $1,450,000 $0 $0 $0 $1,450,000
5 Arilington TIF Funds $150,000 $202,500 $352,500
PE $76,100 TBD Funds $0
ROW $342,450 WSDOT Funds $0
CN $1,483,950 TIB Grant Funding $200,000 $1,350,000 $1,550,000
TOTAL $1,902,500 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $350,000 $1,552,500 $0 $1,902,500
6 Arilington TIF Funds $123,500 $123,500
PE $76,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $874,000 TIB Grant Funding $0
TOTAL $950,000 PSRC/STP Funding $826,500 $826,500
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $950,000 $950,000
173rd St, Phase 2
Smky Pt Blvd/188th St Intersection
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program
Comments: Program to preserve and maintain existing
transportation infrastructure and systems, funding from
Arlington TBD.
Arlington Trail Construction Program
Comments: Design and construct pedestrian trails per the
City's Trail Plan (non-motorized transportation facilities).
Comments: Construction of a new road, 173rd Ave, Phase
3.
173rd St, Phase 3
173rd St, Phase 1
Comments: Construction of a new road, 173rd Ave, Phase
1.
Comments: Procurement of ROW and construction of
173rd Ave, Phase 2.
Comments: Install traffic signal, sidewalks, ADA ramps and
widen Smokey Point Blvd to meet ultimate channelization
plan.
Arlington 6-year TIP (2016-2021)Page 1 of 3
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program7 Arilington TIF Funds $50,000 $225,000 $275,000
PE $231,000 TBD Funds $0
ROW $346,500 WSDOT Funds $750,000 $750,000
CN $1,347,500 TIB Grant Funding $0
TOTAL $1,925,000 PSRC/STP Funding $750,000 $750,000
Oso Slide Funds $150,000 $150,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $50,000 $1,875,000 $0 $1,925,000
8 Arilington TIF Funds $0
PE $132,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $968,000 TIB Grant Funding $0
TOTAL $1,100,000 PSRC/STP Funding $800,000 $800,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $1,100,000 $0 $0 $0 $1,100,000
9 Arilington TIF Funds $0
PE $294,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $2,156,000 TIB Grant Funding $0
TOTAL $2,450,000 PSRC/STP Funding $2,150,000 $2,150,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $2,450,000 $2,450,000
10 Arilington TIF Funds $300,000 $300,000
PE $207,200 TBD Funds $0
ROW $74,000 WSDOT Funds $0
CN $2,678,800 TIB Grant Funding $2,360,000 $2,360,000
TOTAL $2,960,000 PSRC/STP Funding $0
Oso Slide Funds $300,000 $300,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $2,960,000 $0 $0 $0 $0 $0 $2,960,000
11 Arilington TIF Funds $75,000 $75,000
PE $52,500 TBD Funds $0
ROW $35,000 WSDOT Funds $0
CN $612,500 TIB Grant Funding $0
TOTAL $700,000 PSRC/STP Funding $0
Oso Slide Funds $50,000 $50,000
Developer Funded $0
Other Funds $575,000 $575,000
SUBTOTAL THIS PROJECT $0 $700,000 $0 $0 $0 $700,000
12 Arilington TIF Funds $495,000 $495,000
PE $240,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,760,000 TIB Grant Funding $0
TOTAL $2,000,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $1,505,000 $1,505,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $2,000,000 $2,000,000
Arlington Valley Rd - 67th Ave to 204th St
Comments: Installation of Signal and improvements at
SR9/SR530 and Division as described in the WSDOT SR9
Route Development Plan
WSDOT - SR530/Burke Signalization
Comments: Installation of signal at Burke and SR9 as
described in the WSDOT SR9 Route Development Plan
WSDOT - SR530/SR9/Division Signal
Comments: Design & construct a new 3 lane industrial
standard road connecting 67th Ave NE to 204th St NE. Low
impact design
204th St Improvements
Comments: Construct a trail along the north side of 204th
St and reconfigure channelization at 204th St/SR-9
intersection
186th St NE - SR9 to City Limits
Comments: New 2 lane road with sidewalk on both sides.
Joint developer & City funded project using ASD traffic mit
funds.
Comments: Develop alignment to reroute 211th to SR530
via 59th, design road and trail, construct frontage road and
right-in/right-out at SR-530
211th Pl NE - SR530 Roundabout
Arlington 6-year TIP (2016-2021)Page 2 of 3
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program13 Arilington TIF Funds $35,000 $81,000 $465,750 $581,750
PE $490,200 TBD Funds $0
ROW $408,500 WSDOT Funds $0
CN $3,186,300 TIB Grant Funding $0
TOTAL $4,085,000 PSRC/STP Funding $519,000 $2,984,250 $3,503,250
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $35,000 $600,000 $3,450,000 $4,085,000
14 Arilington TIF Funds $350,000 $350,000
PE $420,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $3,080,000 TIB Grant Funding $650,000 $650,000
TOTAL $3,500,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $2,500,000 $2,500,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $3,500,000 $0 $3,500,000
15 Arilington TIF Funds $250,000 $250,000
PE $979,200 TBD Funds $0
ROW $0 WSDOT Funds $3,000,000 $3,000,000
CN $7,180,800 TIB Grant Funding $0
TOTAL $8,160,000 PSRC/STP Funding $1,500,000 $1,500,000
Oso Slide Funds $0
Developer Funded $3,410,000 $3,410,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $8,160,000 $0 $0 $8,160,000
$6,256,748 $1,660,000 $3,400,000 $9,420,000 $8,402,500 $9,675,000 $38,814,248
$495,759 $100,000 $220,750 $510,000 $883,500 $1,234,250 $3,444,259
$1,069,130 $675,000 $675,000 $675,000 $675,000 $675,000 $4,444,130
$0 $75,000 $100,000 $3,000,000 $825,000 $100,000 $4,100,000
$4,007,021 $0 $1,254,250 $200,000 $2,000,000 $0 $7,461,271
$184,838 $185,000 $950,000 $1,625,000 $1,369,000 $5,960,750 $10,274,588
$300,000 $50,000 $200,000 $0 $150,000 $200,000 $900,000
Developer Funded $0 $0 $0 $3,410,000 $2,500,000 $1,505,000 $7,415,000
$200,000 $575,000 $0 $0 $0 $0 $775,000
NOTES
1.
2.
Arilington TIF Funds
TBD Funds
WSDOT Funds
TIB Grant Funding
TOTAL PROJECT COST ESTIMATE
Smokey Point Blvd 175th PL to 200th St
Comments: Design and construction of a roundabout at
the SR530/SPB intersection. This will be designed in
coordination with WSDOT and Island Crossing developer
LID.
PSRC/STP Funding
$ 1 Mil Oso Slide Funds
Other Funding
Comments: Widen Smokey Point Blvd to four lanes and
construct frontage improvements to meet ultimate West
Arlington design stds.
Smokey Point Blvd 200th St NE to SR530
Comments: Widen Sm Pt Blvd to 3-lane road with
improvements (rain garden/trail). Planning and Coord
with Isl Crossing Development LID.
SR-530 and Smokey Point Intersection
Arlington 6-year TIP (2016-2021)Page 3 of 3
City of Arlington
Council Agenda Bill
Item:
WS # 4
Attachment
D
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Request for authorization to apply for City of Arlington Tourism/Economic
Development Grant
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Requesting authorization to apply for:
1. Byrnes Performing Arts Center Wayfinding sign for SR 9 $3,500
2. Olympic Avenue Sound System Phase I $10,000
3. Arlington Eagle Festival $5,200
4. Summer Outdoor Entertainment Series $8,500
5. Centennial Trail Interpretive Sign Replacement & Info. Kiosk Replacement $3,000
6. Centennial Trail Mile Markers $2,500
Total Request for Hotel Motel Tax Fund: $32,000
City of Arlington
Council Agenda Bill
Item:
WS # 4
Attachment
D
HISTORY:
1. Currently there are no signs on SR 9 or Crown Ridge Blvd. to direct people to
the BPAC. Signs are a necessary tourism infrastructure. The City applied for
the 2016 Snohomish County Tourism Grant for matching funding.
2. Staff has investigated the possibility of installing a speaker system on poles
along Olympic Avenue. DABA has offered to partner on the project. A sound
system could deliver music and announcements in Old Town, promoting a
tourism shopping experience. The City has applied for the 2016 Snohomish
County Tourism Grant for matching funding.
3. The Eagle Festival is an annual event to bring tourists to Arlington, previously
funded by this grant.
4. Annual summer entertainment events have also been previously funded by
this grant. Includes Shakespeare in the Park, Street Fair entertainment,
Outdoor Movies, and Music in the Park.
5. Several years ago historical interpretive signs were placed on the Centennial
Trail through Arlington using funds from this grant. These signs are now in
need of replacement due to wear. Also, the information kiosk on Olympic
needs replacement.
6. A design for artistic mosaic mile markers has been proposed for the Centennial
Trail mile markers through town. The Arlington Arts Council has expressed
interest in matching funding for this project. Total cost would be
approximately $5,000. These mile markers would further establish Arlington
as a place of interest for visitors. There are four mile points through Arlington.
ALTERNATIVES
Deny full or partial requests to apply for funding.
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS # 5
Attachment
E
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Street Closures Request for Special Events
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Street closures are requested for the following events:
1. Arlington Beer & Wine Festival, Saturday, July 23, 2016. Coordinator, Jeremy
Carter, is requesting use of Legion Park and Olympic Avenue between 1st and
2nd Streets. They would like to have food vendors in the street and
approximately 12 beer and wine tasting vendors in the park from 4pm to 9pm.
Proceeds to benefit Vision for a Cure, a non-profit corporation, which supports
research for Usher Syndrome, a cause of deaf/blindness. This is a new event
request.
2. Hometown Halloween Pumpkin Roll, Saturday, October 31, 2015. This annual
event closes 1st Street from Dunham to Olympic Avenue from approximately
noon to 2pm. The Roll starts at 1:30 and is sponsored by Youth Dynamics.
This is an annual event.
3. Taking Steps to Beat Breast Cancer, October 31, 2015. A 5-K walk starting at
Legion Park going down Olympic Avenue to 5th Street, turning on 5th street
and joining the Centennial Trail, remainder of walk on Centennial Trail. Starts
at 10:30am. Sponsored by American Cancer Society.
City of Arlington
Council Agenda Bill
Item:
WS # 5
Attachment
E
HISTORY:
Street closure requests are required to go to council for approval.
City code was amended to allow alcoholic beverages in conjunction with special
event permits. Permits shall limit the beer and wine consumption to beer and wine
tasting only between the hours of noon and 10:00pm in Legion Park.
ALTERNATIVES
Deny street closure(s).
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS # 6
Attachment
F
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Acceptance of donation of bench into Public Art Collection in honor of Kent Baker
ATTACHMENTS:
Photograph of bench
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Arlington Arts Council is seeking permission to install a bench in Legion Park in
honor of the late Kent Baker (husband of Roberta Baker), photographer and mentor to
many in the Arlington community. Arlington Arts Council commissioned a bench by
Lance Carleton that features one of Kent's photographs of his favorite mountain.
Roberta has requested the bench be placed in one of Kent's favorite places in
Arlington, at the southwest edge of Legion Park. Lance Carleton is the artist who
created Arlington's Flat Tire sculpture. The value of the bench is $3,500. The bench
will be placed on a concrete pad.
HISTORY:
This piece of art has been reviewed and recommended by the Public Art Committee
and Park, Arts and Recreation Commission. If accepted, this bench would be
included in the City’s Public Art Collection. The Public Art Collection is a tourist
attraction and is an asset to the City.
ALTERNATIVES
Deny recommendation to accept the donation.
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS # 6
Attachment
F
Kent Baker Bench Memorial
Dimensions:
Front 50 inches
Side 17 inches
Depth 19 inches
City of Arlington
Council Agenda Bill
Item:
WS # 7
Attachment
G
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
Interlocal Agreement for In-Service Training Sessions
ATTACHMENTS:
Interlocal Agreement for In-Service Training Sessions
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED: $800 annually
BUDGET CATEGORY: Police Training Budget
LEGAL REVIEW:
DESCRIPTION:
The City of Arlington and 11 other agencies partner to provide regular in-service training
sessions on various law enforcement topics throughout the year to all police officers. The
City of Everett is the host agency for the training. The annual training, referred to as
Police Skills Refresher, is aligned with state requirements for annual training for all
officers.
HISTORY:
The City of Arlington has participated in the Snohomish County Regional Training
Group for over 15 years.
ALTERNATIVES
RECOMMENDED MOTION:
Workshop; discussion only.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
1
INTERLOCAL GOVERNMENT AGREEMENT REGARDING IN-SERVICE TRAINING
SESSIONS
THIS AGREEMENT is made and entered into this ____ day of _______________, 2015, by the
following governmental entities (“Participating Entities”) (“Parties”):
City of Arlington City of Lynnwood
City of Bothell City of Mill Creek
City of Brier City of Monroe
City of Edmonds City of Mountlake Terrace
City of Everett City of Mukilteo
City of Lake Stevens Tulalip Tribal Police
RECITALS:
WHEREAS, This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34
RCW. RCW 39.34 permits one or more public agencies to contract with any one or more other
public agencies to perform any governmental service, activity, or undertaking which each
agency is authorized by law to perform; and
WHEREAS, the Participating Entities comprise the Snohomish County Regional Training Group
and are empowered by law to train their law enforcement personnel; and
WHEREAS, the Participating Entities conduct regular in-service training sessions on various law
enforcement topics; and
WHEREAS, the City of Everett Police Department is typically the host of the regular in-service
training sessions, and has incurred and will incur costs associated with these regular in-service
training sessions, including but not limited to, miscellaneous expendable goods, wear and tear
on equipment, and use of facilities; and
WHEREAS, other Participating Entities may host the regular in-service training sessions at
future times; and
WHEREAS, it is appropriate that all of the Participating Entities share in the costs associated
with hosting, conducting, and participating in the regular in-service training sessions:
NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
hereinafter contained, the parties agree as follows:
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
2
1.0 Payment
The undersigned Participating Entities shall contribute fees at the rates indicated below*
per year toward paying for the costs of instructors, classes and certifications, equipment wear
and tear, and expendable items used in the regular in-service training sessions: Payment for
the year 2016 shall be paid to the City of Everett as custodian of the funds on or before January
31, 2016. Subsequent payments shall be made on or before January 31 of each year
thereafter, and shall be payable to the City of Everett as custodian of the funds until notice of a
change of custodian is given in accordance with Section 4 below.
*Participating Entities shall contribute fees at a rate commensurate to the number of sworn
officers in the agency.
Less than 50 officers $800.00 per year
50 – 100 officers $1200.00 per year
Over 100 officers $1600.00 per year
The annual contribution entitles each Participating Entity to have officers attend the regular
training sessions.
2.0 Scope of Services
2.1 Until notice of a change is given, in accordance with Section 4 below, the Everett
Police Department shall coordinate the facilities necessary to conduct regular in-
service training sessions. The Everett Police Department shall schedule regular
in-service training sessions on various law enforcement-related topics, and shall
give reasonable prior notice to each Participating Entity of the date, time and
place where each training session will be held, and the nature of the topic for
each regular training session.
2.2 Training for Participating Entities’ personnel shall be jointly provided by the law
enforcement personnel of the Participating Entities.
3.0 Effective Date and Term
The initial term of this Agreement shall commence on January 1, 2016, and it shall continue in
effect through December 31, 2021, unless sooner terminated as provided under this agreement.
Thereafter, this Agreement shall automatically renew and continue on a year-to-year basis, until
terminated as provided under this Agreement.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
3
4.0 Changes
4.1 This Agreement may be modified by mutual agreement of the Participating
Entities. No such amendment shall be effective until it is reduced to writing and
signed by all Participating Entities with the same formality as this Agreement.
4.2 The fund custodian and regular in-service training site may be changed by
majority agreement of the Participating Entities without modifying this Agreement,
but with reasonable notice to all Participating Entities.
5.0 Waiver
No waiver by any party of any term or condition of this Agreement shall be deemed or construed
as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to
constitute a waiver of any subsequent breach, whether of the same or of a different provision of
this Agreement.
6.0 Allocation of Liability/Insurance
6.1 Each Participating Entity shall be responsible for the conduct and liability of its
own personnel in the performance of this Agreement. Each Participating Entity
agrees to save, indemnify, defend and hold the other Participating Entities
harmless from any allegations, complaints, or claims of wrongful or negligent acts
or omissions, by said Participating Entity and/or its elected officers, agents, or
employees. In the case of allegations, complaints, or claims against more than
one Participating Entity, any damages allowed shall be levied in proportion to the
percentage of fault attributable to each Participating Entity, and each
Participating Entity shall have the right to seek contribution from the other
Participating Entities in proportion to the percentage of fault attributable to each
other Participating Entity. A Participating Entity that has withdrawn from the
agreement assumes no responsibility for the actions of the remaining members
arising after the date of withdrawal, but shall remain liable for claims of loss or
liability arising prior to the effective date of withdrawal.
6.2 Each Participating Entity shall maintain appropriate insurance coverage for the
activities occurring under this Agreement, including but not limited to personal
injury, death and property damage limits of not less than $1,000,000 (one million
dollars) per occurrence, or provide proof of self-insurance or of participating in an
insurance pool acceptable to the city.
6.3 This Section 6 shall survive termination of this Agreement.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
4
7.0 Legal Requirements
The Participating Entities shall comply with all applicable federal, state and local laws in
performing this Agreement.
8.0 Termination and Notice
8.1 Any Participating Entity may terminate or suspend its participation in this
Agreement, with or without reason, by providing written notice to the other
Participating Entities at least thirty (30) days prior to the effective date of any
such termination or suspension.
Receipt of any notice shall be deemed effective three (3) days after deposit of
written notice in the U.S. mail with proper postage and address.
8.2 Termination shall not relieve a Participating Entity of its obligations as set forth in
Section 6 and shall not entitle it to any refund of the payments made pursuant to
Section 1, prior to the effective date of termination.
9.0 Governing Law - Entire Agreement - Severability
This Agreement shall be governed by the laws of the State of Washington, as to interpretation
and performance. Any action hereunder may be brought only in the Superior Court of
Washington for Snohomish County. This Agreement constitutes the entire agreement of the
parties. Should any part, term or provision of the Agreement be determined by a court of
competent jurisdiction to be invalid, the remainder of the Agreement shall not be affected, and
the same shall continue in full force and effect.
10.0 Agreement – Amendment
This Agreement contains the terms and conditions agreed upon by the Participating Entities.
The Participating Entities agree that there are no other understandings, oral or otherwise,
regarding the subject matter of this Agreement. This Agreement may only be amended by
written instrument executed by the Participating Entities.
11.0 Execution of Multiple Counterparts
This Agreement and any Amendment thereto, may be reproduced in any number of original
counterparts. Each participating agency need sign only one counterpart and when the signature
pages are all assembled with one original counterpart, that compilation constitutes a fully
executed and effective agreement among all the participating agencies.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
5
12.0 Recording
As required by RCW 39.34.040, this Agreement shall be filed with the County Auditor, or,
alternatively, posted on the website of each party.
13.0 No joint venture.
Nothing contained in this Agreement shall be construed as creating any type or manner of
partnership, joint venture or other joint enterprise between the parties (Participating Entities).
Participating Entity employees who provide services under this Agreement shall at all times be
considered employees of their respective Participating Entity and acting in their official
capacities as employees of their respective Participating Entity. All rights, duties, and obligations
of the employer and the employee shall remain with the individual jurisdiction/Participating
Entity. Each Participating Entity shall be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and/or civil service rules and regulations, with regard to
its employees.
.
The parties agree that no separate legal administrative entities are necessary in order to carry
out this Agreement. If determined by a court to be necessary for the purpose of the Interlocal
Cooperation ACT, Ch. 39.34 RCW, an administrator or joint board responsible for administering
the Agreement will be established by mutual agreement. Any real or personal property used by
the parties in connection with this Agreement will be acquired, held and disposed of by that
party in its discretion, and other parties will have no joint or other interest herein.
14.0 Liability/ No Third Party Beneficiaries
This Agreement is for the sole benefit of the Participating Entities and shall not confer third-party
beneficiary status on any non-party to this Agreement. No liability shall attach to any of the
parties by reason of entering into this Agreement except as expressly provided herein. None of
the parties to this Agreement assume any duty to any third party.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
6
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written.
CITY OF EVERETT
_____________________________ _____________________________
Ray Stephanson, Mayor Barb Tolbert, Mayor
By: _________________________ By: _________________________
Its: _________________________ Its: _________________________
ATTEST: ATTEST:
____________________________ _____________________________
Clerk Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________
By: By:
Exhibit A
List each Participating Entity’s contact person and address for notice purposes. (see attached)
City of Arlington
Council Agenda Bill
Item:
WS # 8
Attachment
H
COUNCIL MEETING DATE:
September 28, 2015
SUBJECT:
August 2015 Financial Report
ATTACHMENTS:
Financial Reports –
Narrative
Revenue Charts
General Fund Operating Statement
Other Fund Operating Statements
DEPARTMENT OF ORIGIN
Finance: Kristin Garcia – Finance Director
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is the August 2015 financial report. Staff will answer questions.
HISTORY:
ALTERNATIVES
RECOMMENDED MOTION:
Workshop; discussion only.
1
2015 August Financial Report – Kristin Garcia, Finance Director
GENERAL FUND
The General Fund Ending Fund Balance was $1,335,954. Retail sales tax continues to perform higher
than expected and revenues are at 70% of budget.
Leasehold excise tax is at 87% of budget. It is important to note that leasehold tax is received four
times per year in February, June, August and December. I point this out as the monthly percentage
to budget indicate that revenues may be exceeding expectations, however, because of the timing of
when revenues are received, the percentage to budget is actually right on target. I do expect year
end revenues to meet budgeted projections.
Cable TV Franchise Fees are at 77% of budget. In 2014 revenues averaged about $18,000 per
month. In 2015, revenues are averaging $20,000 per month. Based on current projections, it is
likely these revenues will exceed budget.
Total expenses in the general fund are running slightly below budget at 61%. At this same time last
year, expenses were at 64% of budget.
Based on current cash flow projections, if sales tax revenues continue on their current trend, and
expenses (overall) come in at budget, I expect the ending fund balance to meet or exceed the
amount budgeted of $911,374.
OTHER FUNDS
Emergency Medical Services Fund ending fund balance was $4 for the month of August. A transfer
from the general was needed as August revenues were not sufficient to cover expenditures. It is
also unlikely that the inter‐fund loan will be repaid in 2015. On a positive note, transport fees are at
80% of budget! A detailed report will be provided with the 3rd quarter financial report.
Local Improvement District #21 Fund no longer has any debt outstanding and the last property
assessment billing went out in February 2015. There will no longer be any activity in this account. I
will be researching what steps need to be taken to close this fund out.
Equipment Rental – Maintenance & Operations Fund is used to account for fuel, vehicle
maintenance and insurance for all departments. Overall, fund expenditures are at 63% of budget.
Although overall expenditures are below budget projections, vehicle maintenance costs for several
individual departments are exceeding budget. This is important to note as we want to manage our
money appropriately between maintenance and replacement. We are continuing to refine the
equipment replacement schedules and determine adequate funding levels so money is available
when vehicles are at the end of their useful life.
2
Transportation Benefit District (TBD) Fund ending fund balance was $829,549. Sales tax revenues
are 71% of budget, currently exceeding expectations. I expect year end revenues will exceed budget
by 3% ‐ 5%.