HomeMy WebLinkAbout10-05-2015 Council Meeting
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Barb Tolbert/Steve Peiffle
Swearing In Provisional Police Officer Lucas Adkins, Temporary Firefighter/EMT Chris Peterson,
and K9, Tara.
PROCLAMATIONS
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Chris Raezer
1. Minutes of the September 21 and September 28, 2015 Council Meetings ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
1. Low Impact Design (LID) Code Update ATTACHMENT B
Staff Presentation: Bill Blake
Council Liaison: Austin DeFreece
2. Annual Transportation Improvement Plan (TIP) Adoption ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson/Jan Schuette
NEW BUSINESS
1. Permissible Use Table – Arlington Municipal Code (AMC) 20.40 ATTACHMENT D
Staff Presentation: Marc Hayes
Council Liaison: Marilyn Oertle
Arlington City Council Meeting
October 5, 2015 at 7:00 p.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.
2. Tourism Grant Applications ATTACHMENT E
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
3. Street Closures for Events ATTACHMENT F
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
4. Art Donation - Kent Baker Bench ATTACHMENT G
Staff Presentation: Sarah Lopez
Council Liaison: Marilyn Oertle
5. Interlocal Agreement for In-Service Training Sessions ATTACHMENT H
For the Snohomish County Regional Training Group (Police agencies)
Staff Presentation: Jonathan Ventura
Council Liaison: Jesica Stickles
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
To open all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
September 21, 2015
City Council Members Present by Roll Call: Austin DeFreece, Jan Schuette, Marilyn Oertle, Chris
Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering.
Council Members Absent: None
City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Chris Young,
Jonathan Ventura, Tom Cooper, Tim Mensonides, Jim Kelly, Maxine Jenft, David Ryan, Seth Kinney,
Sheri Amundson, Deana Dean, and Steve Peiffle – City Attorney
Also Known to be Present: Kari Ilonummi, Bob Nelson, Craig Christianson, Jacob Kukuk, Sue Weiss,
Kirk Boxleitner, Mike Hopson, Cristy Brubaker.
Mayor Tolbert called the meeting to order at 7:00 p.m.
APPROVAL OF THE AGENDA
Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
Kari Ilonummi, Linda Pehri, and Shannon Ohquist spoke to agenda item #6, animal control and care and
tethering.
CONSENT AGENDA
Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1.Minutes of the September 8 and September 14, 2015 Council Meetings
2.Accounts Payable: EFT Payments & Claims Checks #85386 through #85482 dated September
9, 2015 through September 21, 2015 in the amount of $320,347.04.
PUBLIC HEARING
None.
Minutes of the Arlington
Cit Council Meetin
Minutes of the City of Arlington City Council Meeting September 21, 2015
Page 2 of 3
NEW BUSINESS
Ordinance Amendment for Flammable/Combustible Liquid
Community & Economic Development Director Chris Young spoke to the proposed ordinance adding a
new chapter to Title 15, Chapter 15.24, to regulate the installation of above-ground flammable and
combustible liquids storage tanks. Council questions followed.
Marilyn Oertle moved and Debora Nelson seconded the motion to approve the proposed ordinance
adopting Arlington Municipal Code Chapter 15.24 regarding the storage of flammable and combustible
liquids. The motion was approved by a unanimous vote.
Cascade Valley Hospital Firefighter Grant
Acting Fire Chief Tom Cooper spoke to the request authorizing the acceptance of a donation in the
amount of $31,000 from the Arlington Volunteer Firefighter Association to fund training and wages for a
volunteer temporary firefighter position to cover the vacancy left by Steve Daggett as he attends
Paramedic training at Harborview Medical Center. Councilmember Schuette recommended adding
“Foundation” in the motion after “Cascade Valley Hospital.”
Jesica Stickles moved and Randy Tendering seconded the amended motion to accept the donation of
$31,000 from Cascade Valley Hospital Foundation via the Arlington Firefighters Association. The motion
was approved by a unanimous vote.
Centennial Skateboard (Sk8 Fest) Permit Update
Human Resource & Communications Director Kristin Banfield requested council approve the additional
road closure for the 3rd annual Centennial Skate Festival. Council questions followed.
Marilyn Oertle moved and Chris Raezer seconded the motion to approve the proposed road closure of E.
3rd Street between Olympic Avenue and Dunham Avenue from 2pm to 9pm on October 10, 2015 The
motion was approved by a unanimous vote.
WSDOT 2015 Aviation Grant Offer
Airport Coordinator Tim Mensonides requested council approve the WSDOT Aviation Grant which will be
used for the 2015 Airport Pavement Maintenance Project. Council questions followed.
Jan Schuette moved and Jesica Stickles seconded the motion to approve the attached WSDOT Airport
Aid Grant Offer and authorize the Mayor to sign it and any other documentation pertaining to the grant.
The motion was approved by a unanimous vote.
Replacement of cab and chassis on 2009 ambulance (Aid 47) due to engine failure
Tom Cooper requested council approve the removal of the ambulance module and install a new cab on
A47 which suffered major engine failure. The work would be completed through Braun Northwest on a
piggyback bid with Kittitas County Hospital District. City Attorney Steve Peiffle proposed amending the
motion based on the needs of Kittitas County Hospital District.
Jesica Stickles moved and Randy Tendering seconded the amended motion to purchase a new cab and
chassis through Braun Northwest as proposed and authorize the Mayor to sign it. The motion was
approved by a unanimous vote.
Animal Care and Control Legislation Options
Deputy Police Chief Jonathan Ventura requested council approve the proposed ordinance relating to
animal tethering. Council comments followed.
Jesica Stickles moved and Randy Tendering seconded the motion to approve the proposed ordinance
relating to animal tethering and amending Title 8 of the Arlington Municipal Code. The motion was
approved by a unanimous vote.
Minutes of the City of Arlington City Council Meeting September 21, 2015
Page 3 of 3
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis reminded council of the upcoming Council Retreat which will be held at the
Best Western Plus this Saturday, September 26, 2015. He noted that an agenda would be sent out this
week.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Austin DeFreece, Jan Schuette, and Marilyn Oertle gave brief reports while Chris Raezer, Debora Nelson,
Jesica Stickles, and Randy Tendering had nothing to report at this time.
Mayor Tolbert thanked the representative from Pasado’s Safe Haven for her assistance with amending
the AMC regarding tethering.
EXECUTIVE SESSION
None.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:43 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
September 28, 2015
Councilmembers Present: Jan Schuette, Marilyn Oertle, Debora Nelson, Jesica Stickles, and Randy
Tendering.
Council Members Absent: Austin DeFreece and Chris Raezer.
Staff Present: Mayor Barbara Tolbert, Kristin Banfield, Kristin Garcia, Sheri Amundson, Marc Hayes, Jim
Kelly, Kris Wallace, Jonathan Ventura, Bill Blake, Sarah Lopez, Wendy Van Der Meersche, and City
Attorney Steve Peiffle.
Also Known to be Present: Jacob Kukuk, Sarah Arney, Craig Christianson, Sue Weiss, Jeremy Carter,
and Ryan Barci.
Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
Marilyn Oertle moved to approve the agenda; Debora Nelson seconded the motion, which passed with a
unanimous vote.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
LID Code Update
Stormwater Supervisor Bill Blake reviewed Low Impact Design Code (LID) updates which are required by
the 2013-2018 National Pollutant Discharge Elimination System (NPDES) Phase II Permit. A discussion
with council questions followed.
Permissible Use Table - AMC 20.40
Permit Center Manager Marc Hayes spoke of a recommendation by City staff and Planning Commission
to update Arlington Municipal Code (AMC) Chapter 20.40 (Permissible Uses) and Land Use Code
Amendment (LUCA), regarding changes to the permissible use table which regulates appropriate land
uses by zoning category. A discussion with council questions followed.
Annual TIP Adoption
Public Works Director Jim Kelly spoke regarding the yearly requirement of the City’s proposed Six Year
Transportation Improvement Plan (TIP). A discussion with council questions followed.
Tourism Grant Applications
Recreation Manager Sarah Lopez presented a request for authorization to apply for a City of Arlington
Tourism/Economic Development Grant. A discussion with council questions followed.
Street Closures for Special Events
Sarah Lopez presented requests for special event street closures for the Arlington Beer & Wine Festival,
Saturday, July 23, 2016, Hometown Halloween Pumpkin Roll, Saturday, October 31, 2015, Taking Steps
to Beat Breast Cancer, Saturday, October 31, 2015, and the Santa Parade, Saturday, December 5, 2015.
The proposed Beer & Wine Festival will be held at Legion Park, and is a fundraiser coordinated by
Jeremy Carter and Ryan Barci, from Vision for a Cure, a non-profit organization that raises awareness,
compassion and funds for Usher Syndrome, a genetic deaf-blind disorder. Jeremy spoke about the
proposed event and Vision for a Cure. A discussion with council questions followed.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop September 28, 2015
Page 2 of 2
Art Donation - Kent Baker Bench
Sarah Lopez presented a request to accept and install the donation of a bench into the Public Art
Collection in honor of the late Kent Baker, a local photographer and mentor to many in the Arlington
community. A short discussion followed.
Interlocal Agreement for In-Service Training Sessions
For the Snohomish County Regional Training Group (Police agencies)
Deputy Police Chief Jonathan Ventura presented an Interlocal Agreement for In-Service Training
Sessions for law enforcement, participating with 11 other agencies for over 15 years in the Snohomish
County Regional Training Group (SCRTG). A discussion with council questions followed.
August 2015 Financial Report
Finance Director Kristin Garcia reviewed a summary of the August 2015 Financial Report. A discussion
with council questions followed.
Miscellaneous Council Items
None
Public Comment
Jacob Kukuk expressed his thanks to City Council for moving forward with the boat ramp at Haller Park.
Sarah Arney spoke about the proposed Beer & Wine Festival and asked councilmembers to review the
ordinance regarding allowing alcohol in parks during permitted special events. She also spoke about the
upcoming Arlington Arts Council annual auction October 17, 2015.
The meeting was adjourned at 7:57 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
PH # 1
Attachment
B
COUNCIL MEETING DATE:
October 5, 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:
Public Hearing; no action requested. Action to be taken at the October 19, 2015 Council Meeting
pending Public Hearing outcome.
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
440000
442500
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:
PH # 2
Attachment
C
COUNCIL MEETING DATE:
October 5, 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:
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:
Public Hearing; no action requested. Action to be taken at the October 19, 2015 Council
Meeting pending Public Hearing outcome.
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
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiledfrom a variety of sources which may contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the maps.
Legend
!(TIP Points(see table)
TIP Locations(see table)
Preservation(Proposed 2016)
FutureTrails
Arlington City Limits
Marysville CityLimits
´akc
Pres_TIP2016_11x17_15
09/21/2015
1 in = 2,333 feetScale:
Date:
File:
Drawn by:
Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, December 2009.
6 Year Transportation Improvement Projects(2016-2021)!(
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¬¬3¬¬4 ¬¬5
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¬¬8
¬¬9
¬¬10
¬¬11
¬¬12
¬¬13
¬¬14 204TH ST NE
168TH ST NE
NORTH ST
SMOKEY POINT BLVD
SR 530
SR 530
31STDR
NE
E 3RD ST
87TH
AVE
NE
211THPLNE
E 5TH ST
27TH AVE NE
79TH AVE NE
S OLYMPIC AVE
207TH ST NE
SR 531
N
FRENCH
AVE
I-5
186TH ST NE
E 1ST ST
59TH AVE NE
CEMETERY RD
FIR LN 92NDAVENE
SR 9
27TH AVE NE
178TH PLNE
19TH DR NE
74TH
AVENE
51ST AVE NE
191ST PL NE
83RD
DR
NE
59TH AVE NE
188TH ST NE
S HAZEL ST
66TH AVE NE
91ST AVE NE
SR 9
51ST DR NE
PORTAGE ST
TVEIT RD
42NDDRNE
BOVEE LN
43RD AVE NE
97TH AVE NE
E 5TH ST
KNOLLDR
180TH ST NE
89TH AVE NE
S STILLAGUAMISH AVE
19TH AVE NE
197TH ST NE
23RD DR NE
195THSTNE
177THPLNE
171ST PLNE
88THDRNE
176TH PL NE
REDHAWKDR
85TH AVE NE
62ND AVE NE
E 2ND ST
33RD
AVENE
89TH AVE NE
E BURKE AVE
192ND PLNE
S FRENCH AVE
25TH
AVE
NE
182ND PL NE
S MACLEOD AVE
196TH PL NE
15TH AVE NE
166THPLNE
17TH AVE NE
19THDR
NE
CHAMPIONSDR
15TH AVE NE
GLENEAGLE
BLVD
80TH DR NE
190THPLNE
220TH ST NE
27TH AVE NE
NEWPORTDR
79TH DR NE
67TH AVE NE
35TH AVE NE
35TH AVE NE
VISTA DR
168TH ST NE
59TH DR NE
180TH ST NE
37TH AVE NE
31ST AVE NE
N MACLEOD AVE
TWIN LAKES AVE
N OLYMPIC AVE
OLYMPICPL
N DUNHAM AVE
182ND ST NE
WOODLANDSWAY
95TH AVE NE
45TH DR NE
226TH PL NE
WOODBINEDR
PIONEER HWY E
MCPHERSONRD
BURN RD
SPRINGLANEAVE
SCHLOMAN RD
59TH
DR
NE
47TH AVE NE
ECOUNTRYCLUBDR
25TH AVE NE
63RD AVE NE
43RD AVE NE
JORDAN
RD
40TH DR NE
172ND ST NE
23RD AVE NE
E GILMAN AVE
EAGLEFIELDDR
188TH ST NE
OLD BURN RD
204TH ST NE
67TH
AVE
NE
188TH ST NE
200TH ST NE
CROWNRIDGEBLVD
AIRPORT BLVD
DIKE RD
MCELROY RD
I-5
ProjectNo.8 WSDOT - SR530/Burke Signalizat ion19WSDOT - SR530/SR9/Div ision Signal210Arlington Valley Rd - 67t h Av e to 204th St311204th St Improvements412186th St NE - SR9 to City Limits513Smokey P oint Blvd 175th PL to 200th St 6 14 Smokey P oint Blvd 200th St N E to SR530715SR-530 an d Smokey Point Int ersection
Tran sportat ion Capital P roject
P avement Preserv ation ProgramArlington Trail Construction Program173rd St , Phase 3
C i t y o f A r l i n g t o n S i x Y e a r T ra n s p o r t a t i o n I m p r o v e m e n t P l a n (2 0 1 6 - 2 0 2 1 )
173rd St , Phase 2Smky P t Blv d/188th St Intersection211th P l NE - S R530 Roundabout
173rd St , Phase 1
City of Arlington
Council Agenda Bill
Item:
NB # 1
Attachment
D
COUNCIL MEETING DATE:
October 5, 2015
SUBJECT:
AMC Chapter 20.40 (Permissible Uses) Update LUCA (Land Use Code Amendment)
ATTACHMENTS:
Planning Commission Findings of Fact/Proposed Changes; Draft Ordinance,
Exhibit A – 20.40-1 Permissible Use Table
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:
NB # 1
Attachment
D
ALTERNATIVES
Approve staff’s recommendation
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the ordinance amending Title 20 of the Arlington Municipal Code
relating to Permissible Uses.
ORDINANCE NO. 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING TITLE 20 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO
PERMISSIBLE USES
WHEREAS, the City of Arlington is required under the Growth Management Act
to plan under RCW 36.70A.040; and
WHEREAS, the City Planning Commission held a public hearing on September
1, 2015 following multiple workshops to review these and other changes to the city’s
land use regulations, 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. A new definition is hereby added to Arlington Municipal Code
Section 20.08.010 to read as follows:
“Zoning Verification” means an administrative approval granted by the City that
authorizes the recipient to make use of property in accordance with the
requirements of this title.
Section 2. Arlington Municipal Code Section 20.40.010 shall be amended to
read as follows:
20.40.010 - Table of permissible uses.
Table 20.40-1, the Table of Permissible Uses sets forth the permissible uses for
within the various respective zoning classifications in the city, subject to other
applicable provisions in this title. It should be read in close conjunction with the
definitions of terms set forth in Section 20.08.010 (Definitions of Basic Terms)
and the other interpretative provisions set forth in this article.
Section 3. Arlington Municipal Code Section 20.40.020(a) shall be amended to
read as follows:
ORDINANCE NO. 2015-XXX 2
(a) Subject to Section 20.40.030 (Community Development Director
Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit), when used
in connection with a particular use in the Table of Permissible Uses (Section
20.40.010), the letter “P” means that the use is permissible with a valid City
business license. The letters “ZV” mean that the use is permissible with a Zoning
Verification approval. The letters ACUP mean that the use is permissible with an
Administrative Conditional Use Permit. The letter "Z" means that the use is
permissible in the indicated zone with a zoning permit issued by the community
development director. The letter "S" means a special use permit must be obtained
from the community development director or hearing examiner, and the letter "C"
means a conditional use permit must be obtained from the hearing examiner.
Section 4. Arlington Municipal Code Section 20.40.050(a) shall be amended to
read as follows:
(a) The Table of Permissible Uses (Section 20.40.010) classifies different
principal uses according to their different impacts. Whenever an activity
(which may or may not be separately listed as a principal use in this table) is
conducted in conjunction with another principal use and the former use (i)
constitutes only an incidental or insubstantial part of the total activity that
takes place on a lot, or (ii) is commonly associated with the principal use and
integrally related to it, then the former use may be regarded as accessory to
the principal use and may be carried on underneath the umbrella of the permit
issued for the principal use. For example, a swimming pool/tennis court
complex is customarily associated with and integrally related to a residential
subdivision or multi-family development and would be regarded as accessory
to such principal uses, even though such facilities, if developed apart from a
residential development, would require a special use permit (use classification
6.210).
Section 5. Arlington Municipal Code Section 20.40.060 shall be amended to
read as follows:
20.40.060 - Permissible uses not requiring land use permits.
Notwithstanding any other provisions of this title, no zoning, special use,
or conditional use permit is necessary for the following uses:
(1) Streets.
(21) Electric power, telephone, telegraph, cable television, gas, water,
and sewer lines, wires or pipes, together with supporting poles or
structures, located within a public right-of-way.
ORDINANCE NO. 2015-XXX 3
(32) Neighborhood, but not regional, utility facilities located within a
public right-of-way with the permission of the owner (state or city) of the
right-of-way.
Section 6. Arlington Municipal Code Section 40.40.090 shall be amended to
read as follows:
20.40.090 - More specific use controls.
Whenever a development could fall within more than one use classification in the
Table of Permissible Uses (Section 20.40.010), the classification that most closely
and most specifically describes the development controls. For example, a small
doctor's office or clinic clearly falls within the 3.110 classification (office and
service operations conducted entirely indoors and designed to attract customers or
clients to the premises). However, classification 3.130, "office or clinics of
physicians or dentists with not more than ten thousand square feet of gross floor
area" more specifically covers this use and therefore is controlling.
Section 7. Arlington Municipal Code Table 20.40-1 shall be amended to read as
set forth on the attached Exhibit “A”.
Section 8. 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 9. 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
ORDINANCE NO. 2015-XXX 4
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
EXHIBIT “A”
Page 1
Table 20.40-1: Table of Permissible Uses 1
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
1.000 RESIDENTIAL
1.100 Single‐
Family Residences
1.110 Single‐
family detached,
one dwelling unit
per lot
1.111 Site‐
built & modular
structures
ZV ZV ZV ZV ZV ZV
1.112 Class
"A" mobile home1 ZV ZV ZV ZV
1.113 Class
"B" mobile home1 ZV ZV ZV ZV
1.114 Class "C"
mobile home
1.115 Single‐
Family apartment
above permitted
non‐residential use
(one only)17
ZV ZV ZV ZV ZV ZV
1.116 Single‐
Family Apartment
less than 200
square feet used
Z
Formatted Table
Formatted Table
Formatted Table
EXHIBIT “A”
Page 2
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
exclusively for a
night watchman
1.120 Single‐
family detached,
more than one
dwelling unit per
lot
1.121 Site‐
built & modular
structures
ZS
C
1.1212 Class A,
B or C mobile
homes (mMobile
hHome pPark)
ZS
C ZSC ZSC ZS
C
1.122 Cottage
Housing ZSC ZSC ZS
C
1.123 Single‐
Family apartment
above permitted
non‐residential use
(one only)17
ZV ZV ZV ZV ZV ZV
1.130 Single‐
Family Attached,
one dwelling unit
per lot, site‐built
and modular
structures
ZSC ZS
C
ZS
C ZSC
Formatted Table
Formatted Table
Formatted Table
EXHIBIT “A”
Page 3
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
1.200 Two‐
Family Residences
1.210 Two‐
family conversion2 ZV ZV ZV ZV
1.220 Primary
residence with
aAccessory
dwelling unit2,12
ZV ZV ZV ZV ZV
1.230 Duplex2 ZV ZV ZV ZV
1.240 Two‐
family apartment Z
1.250 Any 1.200
use above a
permitted non‐
residential use
(one only)17
ZV ZV ZV ZV ZV
1.300 Multi‐
Family Residences
1.310 Multi‐
family conversions ZS
C Z
1.320 Multi‐
family townhouses ZS
C Z
1.330 Multi‐
family apartments ZS
C Z
Formatted Table
Formatted Table
EXHIBIT “A”
Page 4
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
1.340 Any 1.300
use above a
permitted non‐
residential use
(Mixed Use)14, 17, 18
ZS
C ZSC ZSC ZSC ZSC ZS
C
1.400 Homes
emphasizing
special services,
treatment, or
supervision
1.410 Located
in a single‐family
residence
1.411 Homes
for handicapped or
infirm7
C C C C C C ZS ZS
1.412 Nursing
care, intermediate
care homes7
C C C C C C ZS ZS
1.413 Special
Needs Child care
homes 7
C C C C C C ZS ZS
1.414 Halfway
houses7 C C C C C C ZS ZS
1.415 Adult
Family Homes (6
or fewer adults)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
Formatted Table
EXHIBIT “A”
Page 5
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
1.420 Located
in a multi‐family
residence
(occupying single
or multiple
dwelling units)
1.421 Homes
for handicapped or
infirm7
C C
1.422 Nursing
care, intermediate
care homes7
C C
1.423 Special
Needs Child care
homes7
C C
1.424 Halfway
houses7 C C
1.425 Adult
Family Homes (6
or fewer adults)
Z Z Z Z Z Z Z Z Z Z Z Z Z Z
Z
1.500
Miscellaneous,
rooms for rent
situations
1.510 Rooming
houses, boarding
houses
SZ SZ SZ Z SZ Z Z
Formatted Table
Formatted Table
EXHIBIT “A”
Page 6
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
1.520 Tourist
homes and other
temporary
residences renting
by the day or week
SZ SZ SZ Z SZ Z Z Z
1.530 Hotels,
motels, and similar
businesses or
institutions
providing
overnight
accommodations
ZSC ZSC ZSC ZSC
18
ZS
C
ZS
C
1.600 In‐Home
Child Day Care PZ PZ PZ PZ PZ PZ PZ PZ
1.700 Temporary
emergency,
construction, and
repair residences
Z Z Z Z Z Z Z Z Z Z Z Z Z Z
2.000 SALES AND
RENTAL OF
GOODS,
MERCHANDISE
AND EQUIPMENT
2.100 No storage
or display of goods
outside fully
enclosed building
(except for
sidewalk displays,
occasional/tempor
ary sales, or
Formatted Table
Formatted Table
EXHIBIT “A”
Page 7
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
horticultural sales
occupying less
than 200 square
feet)
2.110 High‐
volume traffic
generation
2.1101
General
Mercantile
Miscellaneous
ZC ZC ZC ZC ZS18 ZS
2.1112
Convenience
stores
Z Z Z Z Z Z
2.113
Wholesale sales ZS18 ZS ZS ZS ZS Z11
2.120 Low‐
volume traffic
generationSales/R
entals incidental to
a non‐retail
principle use
ZC ZC ZC ZC ZS ZS ZS ZS ZS Z11
2.121
Wholesale sales ZS ZS ZS ZS ZS Z11
2.200 Storage
and display of
goods outside fully
Formatted Table
Formatted: Superscript
Formatted Table
EXHIBIT “A”
Page 8
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
enclosed building
allowed
2.210 High‐
volume traffic
generationGeneral
Mechantile17
ZC ZC ZS ZS ZS
2.220 Low‐
volume traffic
generationSales/R
entals incidental to
a non‐retail
principle use
ZC ZC ZS ZS ZS ZS
2.230
Wholesale sales ZS ZS ZS
2.300 Mobile
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
3.000 OFFICE,
CLERICAL,
RESEARCH AND
SERVICES NOT
PRIMARILY
RELATED TO
Formatted Table
Formatted Table
Formatted: Font: 11 pt
EXHIBIT “A”
Page 9
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
GOODS OR
MERCHANDISE
3.100 All
operations
conducted entirely
within fully
enclosed building
3.110
Operations
designed to attract
and serve
customers or
clients on the
premises, such as
the offices of
attorneys,
physicians, other
professions,
insurance and
stockbrokers,
travel agencies,
government office
buildings, etc.
ZS ZS ZS ZS ZS18 ZS ZS ZS
15 ZS
12 ZS
3.120
Operations
designed to attract
little or no
customer or client
traffic other than
employees of the
entity operating
the principal use
Formatted Table
EXHIBIT “A”
Page 10
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
3.121 Such
operations
conducted on any
floor level
ZS ZS ZS ZS ZS ZS ZS Z11 ZS
3.122 Such
operations
conducted on
second or higher
floors, but not on
the ground floor
ZS ZS ZS ZS ZS ZS ZS ZS Z11
3.130 Office or
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
3.200 Operations
conducted
partially or fully
outside fully
enclosed building
3.210
Operations
designed to attract
and serve
customers or
clients on the
premises
ZS18 ZS
3.220
Operations
ZS ZS ZS ZS
Formatted Table
EXHIBIT “A”
Page 11
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
designed to attract
little or no
customer or client
traffic other than
the employees of
the entity
operating the
principal use
3.230 Banks
with drive‐thruin
windows
ZS ZS ZS ZS ZS ZS
4.000
MANUFACTURING,
PROCESSING,
CREATING,
REPAIRING,
RENOVATING,
PAINTING,
CLEANING,
ASSEMBLING OF
GOODS,
MERCHANDISE
AND EQUIPMENT
4.100 All
operations
conducted entirely
within fully
enclosed building
4.110 Majority
of dollar volume
Primarily consists
ZS ZS ZS ZS ZS ZS Z11
Formatted Table
EXHIBIT “A”
Page 12
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
of business done
with walk‐in trade
4.120 Majority
of dollar volume
Primarily consists
of business not
done with walk‐in
trade
ZS ZS ZS Z11
4.200 Operations
conducted within
or outside fully
enclosed building
ZS
5.000
EDUCATIONAL,
CULTURAL,
RELIGIOUS,
PHILANTHROPIC,
SOCIAL,
FRATERNAL USES
5.100 Schools
5.110
Elementary and
secondary
(including
associated grounds
and athletic and
other facilities)18
C C C C C C C10
5.120 Trade or
vocational schools C C ZS16 ZS ZS ZS18 ZS ZS ZS
18
ZS
18 Z11
Formatted Table
EXHIBIT “A”
Page 13
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
5.130 Colleges,
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
5.200 Religious
assembly as
principle on‐site
use.Churches,
synagogues, and
temples (including
associated
residential
structures for
religious personnel
and associated
buildings but not
including
elementary school
or secondary
school buildings)17
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
5.210 Religious
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
5.300 Libraries,
museums, art
Formatted Table
EXHIBIT “A”
Page 14
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
galleries, art
centers, and
similar uses
(including
associated
educational and
instructional
activities)
5.310 Located
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
5.320 Located
within any
permissible
structurebuilding
C C C C ZS ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 Z11 C10
5.400 Social,
fraternal clubs and
lodges, union halls,
and similar uses17
ZS ZS ZS ZS ZS ZS ZS ZS
18 ZS ZS18
6.000
RECREATION,
AMUSEMENT,
ENTERTAINMENT
Formatted Table
EXHIBIT “A”
Page 15
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
6.100 Activity
conducted
primarily within
building or
substantial
structure
6.110 Bowling
alleys, skating
rinks, indoor
tennis and squash
courts, billiard and
pool halls, indoor
athletic and
exercise facilities
and similar uses
ZS ZS ZS ZS1
8 ZS ZS
18
ZS
18
ZS
18
6.120 Movie
theaters
6.121 Seating
capacity of not
more than 30017
ZS ZS ZS ZS ZS ZS
6.122
Unlimited seating
capacity17
ZS ZS ZS ZS
6.130
Coliseums,
stadiums, and all
other facilities
listed in the 6.100
classification
designed to seat or
accommodate
ZS ZS ZS ZS ZS
Formatted Table
EXHIBIT “A”
Page 16
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
simultaneously
more than 1,000
people17, 18
6.200 Activities
conducted
primarily outside
enclosed buildings
or structures
6.210 Privately
owned outdoor
recreational
facilities such as
golf and country
clubs, swimming
or tennis clubs,
etc., not
constructed
pursuant to a
permit authorizing
the construction of
some residential
development17
C C C C C ZS ZS ZS ZS ZS
6.220 Publicly
owned and
operated outdoor
recreational
facilities such as
athletic fields, golf
courses, tennis
courts, swimming
pools, parks, etc.,
not constructed
pursuant to a
ZS
18 ZS18 ZS18 ZS ZS ZS ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 ZSC
10
Formatted Table
EXHIBIT “A”
Page 17
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
permit authorizing
the construction of
another use such
as a school17
6.230 Golf
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
6.240
Horseback riding;
stables (not
constructed
pursuant to permit
authorizing
residential
development)
ZS ZS
6.250 Indoor
Automobile and
motorcycle racing
tracks
ZC ZC
6.251 All
activities
conducted indoors
ZC ZC
6.522
Activities
conducted either
Formatted Table
Formatted Table
Formatted Table
EXHIBIT “A”
Page 18
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
indoors or
outdoors
6.260 Drive‐in
movie theaters17, 18 ZS ZS ZS ZS
6.270 RV/Travel
Trailer Parks17, 18 ZS ZS ZS
7.000
INSTITUTIONAL
RESIDENCE OR
CARE OR
CONFINEMENT
FACILITIES
7.100 Hospitals,
clinics, other
medical (including
mental health)
treatment facilities
in excess of 10,000
square feet of
floor area17, 18
ZS C ZS ZS ZS ZS ZS ZS ZS
C C10
7.200 Nursing
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
7.300
Institutions (other
C C C ZS C C ZS ZS ZS ZS ZS C
Formatted Table
Formatted Table
EXHIBIT “A”
Page 19
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
than halfway
houses) where
mentally ill
persons are
confined17, 18
7.400 Penal and
correctional
facilities13, 18
C10
8.000
RESTAURANTS,
BARS, NIGHT
CLUBS
8.100 No
substantial carry‐
out or delivery
service; no drive‐in
thru service; no
service or
consumption
inside or outside
fully enclosed
buildingstructure
ZS ZS ZS ZS ZS18 ZS ZS ZS
18 Z11
8.200 No
substantial carry‐
out or delivery
service; no drive‐in
service; service or
consumption
outside fully
enclosed structure
allowed
ZS ZS ZS ZS ZS18 ZS ZS ZS
18 Z11
Formatted Table
Formatted Table
EXHIBIT “A”
Page 20
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
8.300 Carry‐out
and delivery
service; no drive‐in
thru
service;consumpti
on outside fully
enclosed
buildingstructure
allowed
ZS ZS ZS ZS ZS ZS ZS ZS ZS Z
8.400 Carry‐out
and delivery
service; drive‐in
thru
service;service or
consumption
outside fully
enclosed structure
building allowed
ZS ZS ZS ZS ZS ZS ZS
8.410 Carry‐out
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
8.500
Establishments
offering adult
entertainment
C
Formatted Table
Formatted Table
EXHIBIT “A”
Page 21
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
8.600 Gambling
Establishments ZS
21
9.000 MOTOR
VEHICLE‐RELATED
SALES AND
SERVICE
OPERATIONS
9.100 Non‐
Aviation Related
Operations
9.110 Motor
vehicle sales or
rental; mobile
home sales
ZS ZS ZS ZS
9.120 Sales with
installation of
motor vehicle
parts or
accessories (e.g.,
tires, mufflers,
etc.)
ZS ZS ZS ZS
9.130 Motor
vehicle repair and
maintenance, not
including
substantial body
work
9.131 With no
storage of vehicles
ZS ZS ZS
Formatted Table
EXHIBIT “A”
Page 22
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
for longer than 24
consecutive hours
9.132 With
storage of vehicles
for longer than 24
consecutive hours
ZS
9.140 Motor
vehicle painting
and body work
9.141 With no
storage of vehicles
for longer than 24
consecutive hours
ZS ZS
9.142 With
storage of vehicles
for longer than 24
consecutive hours
ZS
9.150 Fuel
sales18 ZS ZS ZS ZS ZS ZS ZS
9.160 Car wash ZS ZS ZS ZS
9.170 Towing
Operations ZS ZS
9.180 Electric
Vehicle
Infrastructure
ZS
24 ZS25 ZS25 ZS2
3
ZS2
3 ZS ZS ZS ZS ZS ZS ZS
26 ZS ZS Z Z Z24
Formatted Table
EXHIBIT “A”
Page 23
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
9.200 Aviation
Related
Operations
9.210 Aircraft
sales or rental Z11
9.220 Aircraft
sales with
installation of
aircraft parts or
accessories (e.g.,
propellers, tires,
mufflers, etc.)
Z11
9.230 Aircraft
repair and
maintenance, not
including
substantial body
work
Z11
9.240 Aircraft
painting and body
work
Z11
9.250 Aviation
fuel sales Z11
9.260 Aircraft
wash Z11
10.000 STORAGE
AND PARKING
Formatted Table
EXHIBIT “A”
Page 24
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
10.100 Off‐site
Aautomobile
parking garages or
parking lots not
located on a lot on
which there is
another principal
use to which the
parking is related
ZS ZS ZS ZS ZS ZS ZS ZS ZSC
10
10.200 Storage
of goods not
related to sale or
use of those goods
on the same lot
where they are
stored
10.210 All
storage within
completely
enclosed buildings
structures
ZS
ZS ZS ZS ZS ZS
ZSC
10
10.220 Storage
partially or fully
outside completely
enclosed
structures
ZS ZSC
10
10.300 Parking
of vehicles or
storage of
equipment outside
enclosed
structures where:
ZS ZSC
10
Formatted Table
Formatted Table
EXHIBIT “A”
Page 25
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
(I) vehicles or
equipment are
owned and used
by the person
making use of lot,
and (II) parking or
storage is more
than a minor and
incidental part of
the overall use
made of the lot
10.400 Parking
or storage of
aircraft, either
inside or outside
completely
enclosed
structures
Z11
11.000 SCRAP
MATERIALS
SALVAGE YARDS,
JUNKYARDS,
AUTOMOBILE
GRAVEYARDS AND
AUTOMOBILE
RECYCLING
FACILITIES
ZS
19
12.000 SERVICES
AND ENTERPRISES
RELATED TO
ANIMALS
Formatted Table
EXHIBIT “A”
Page 26
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
12.100
Veterinarian ZS ZS ZS ZS ZS ZS ZS
12.200 Kennel ZS ZS ZS ZS
12.300 Pet
Grooming/Pet
Store
ZS ZS ZS ZS ZS
13.000
EMERGENCY
SERVICES
13.100 Police
Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC
10
13.200 Fire
Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC
10
13.300 Rescue
squad, ambulance
service18
C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC
10
13.400 Civil
defense operation ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC
10
14.000
AGRICULTURAL,
SILVICULTURAL,
MINING,
QUARRYING, SOIL
PROCESSING
OPERATIONS
14.100
Agricultural
Formatted Table
EXHIBIT “A”
Page 27
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
operations,
farming
14.110
Excluding livestock Z27 Z27
14.120
Including
livestock18
ZS
14.200
Silvicultural
operations
ZS ZS
14.300 Mining,
quarrying, or soil
processing
operations,
including on‐site
sales of product
ZS
6 ZSC
10
14.400
Reclamation
landfill
ZS
6 ZSC
10
15.000
MISCELLANEOUS
PUBLIC AND SEMI‐
PUBLIC FACILITIES
15.100 Post
Office ZS ZS ZS ZS ZS ZS ZS ZS ZS ZSC
10
15.200 Airport C11 C10
Formatted Table
EXHIBIT “A”
Page 28
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
15.300 Solid
Waste Facilities
(Publicly or
Privately owned)
15.310 Solid
Waste Transfer
Station
ZS
6 ZSC
10
15.320 Solid
Waste Recycling
Center
ZS
6 ZSC
10
15.330 Sanitary
Landfill ZS
6 ZSC
10
15.340 Biosolid
Recycling ZS
6 Z11 ZSC
10
15.400 Military
Reserve, National
Guard Centers
ZS ZS ZS ZS ZS Z11 ZSC
10
15.500
Temporary mobile
or modular
structures used for
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
Formatted Table
EXHIBIT “A”
Page 29
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
16.000 DRY
CLEANER,
LAUNDROMAT
ZS ZS ZS ZS ZS ZS ZS
17.000 UTILITY
FACILITY
17.100
Neighborhood Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z11 ZS10
17.200
Community or
Regional
C C C C C C C C C C ZS ZS Z11 ZS10
18.000 TOWERS
AND RELATED
STRUCTURES 18, 28
18.100 Non‐
Commercial
Towers
18.110 Towers
and antennas 50
feet tall or less
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z11 Z10
18.120 Towers
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
18.200
Commercial
Telecommunicatio
Formatted Table
EXHIBIT “A”
Page 30
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
ns Towers &
Monopoles
18.210
Antennas 50 feet
tall or less
Z Z Z Z Z
18.220
Antennas more
than 50 feet tall
and receive‐only
earth stations
ZS ZS ZS ZS ZS
18.230 Micro
Facilities8 Z Z Z Z Z Z Z Z Z Z Z Z Z Z
18.240 Mini
Facilities8 Z Z Z Z Z Z Z Z Z Z Z
18.250 Macro
Facilities8 Z Z Z Z Z Z Z Z Z Z Z
18.260
Monopole I8 C C C
18.270
Monopole II8 C C
18.280 Lattice
Towers8
19.000 OPEN AIR
MARKETS AND
HORTICULTURAL
SALES
Formatted Table
EXHIBIT “A”
Page 31
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
19.100 Open air
Temporary
(Seasonal)
Farmer’s markets
(farm and craft
markets, flea
markets, produce
markets)17
ZS ZS ZS ZS ZS ZS
19.200
Horticultural sales
with outdoor
display
ZS ZS ZS ZS
19.300 Cannabis
collective gardens Prohibited in all zones
19.400 Cannabis
dispensaries Prohibited in all zones
20.000 FUNERAL
HOME ZS ZS ZS ZS ZS ZS ZS ZS ZS
21.000 CEMETERY
AND
CREMATORIUM
21.100 Cemetery17 ZS ZS ZS ZS ZS ZS ZS ZS ZS10
21.200
Crematorium ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS10
22.000
COMMERCIAL
NURSERY
S S S S S ZS ZS ZS ZS18 ZS ZS ZS
18
ZS
18 ZS18
Formatted Table
EXHIBIT “A”
Page 32
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
SCHOOLS; DAY
CARE CENTERS 17
23.000
TEMPORARY
STRUCTURES USED
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
24.000 BUS
STATION, TRAIN
STATION 17
ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS
25.000
COMMERCIAL
GREENHOUSE
OPERATIONS
25.100 No on‐
premises sales ZS ZS
25.200 On‐
premise sales
permitted
ZS ZS ZS ZS
26.000 SPECIAL
EVENTS PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ PZ1
1 P PZ10
Formatted Table
Formatted Table
Formatted: All caps
Formatted Table
EXHIBIT “A”
Page 33
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
27.000 OFF‐
PREMISE SIGNS
Prohibited in all zones except for those exempt pursuant to Section 20.68.120
(Miscellaneous Restrictions and Prohibitions)
28.000
SUBDIVISIONS &
BOUNDARY
ADJUSTMENTS
28.100 Major C C C C C C C C C C C C C C C C10
28.200 Short Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
28.300 Boundary
Line Adjustments Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
28.400 Unit Lot ZS
C
28.500 Cottage
Housing ZSC ZSC ZS
C
29.000
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
30.000 PLANNED
DEVELOPMENTS
30.200 Master
Planned
Neighborhood
Developments 20
Permissible only in Master Planned Neighborhood districts
with legislative approval
Formatted Table
Formatted Table
EXHIBIT “A”
Page 34
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
31.000 GRADING,
EXCAVATION, OR
FILLING 5
Z
32.000 LAND
CLEARING,
LOGGING IN
CONFORMANCE
WITH CHAPTER
20.88
(ENVIRONMENTAL
LY CRITICAL
AREAS) BUT OF
MORE THAN
10,000 ft2 OF
PROPERTY WITHIN
ONE YEAR 9
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10
33.000
RESPECTIVE USES
PERMISSIBLE IN
RESPECTIVE
SENSITIVE
CRITICAL AREAS AS
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
34.000
MARIJUANA
PRODUCTION,
PROCESSING, AND
RETAIL
Formatted Table
Formatted Table
Formatted: Not Superscript/ Subscript
Formatted: Not Superscript/ Subscript
Formatted: Not Superscript/ Subscript
EXHIBIT “A”
Page 35
USE DESCRIPTIONS
ZONES
SR RLM
D
RM
D
RH
D
OT
R
N
C
OTB
1
OTB
2
OTB
3 GC HC BP LI GI AF M
S
P/S
P
34.100
Marijuana
production
Z27 Z27
34.200
Marijuana
processing
Z27 Z27
34.300
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
Formatted Table
Formatted: Not Highlight
Formatted: Not Highlight
EXHIBIT “A”
Page 36
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
EXHIBIT “A”
Page 37
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
Formatted: Superscript
City of Arlington
Council Agenda Bill
Item:
NB # 2
Attachment
E
COUNCIL MEETING DATE:
October 5, 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:
NB # 2
Attachment
E
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:
I move to authorize the City of Arlington to apply for the Tourism/Economic
Development Grant for the proposed projects.
City of Arlington
Council Agenda Bill
Item:
NB # 3
Attachment
F
COUNCIL MEETING DATE:
October 5, 2015
SUBJECT:
Street Closures Request for Special Events
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED:
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Street closures are requested for the following events:
1.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.
2.Taking Steps to Beat Breast Cancer, Saturday, 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.
3.Santa Parade, Saturday December 5, 2015. This is an annual event. Requires Olympic
Avenue to be closed from Division to 5th Street for parade line up from 11:00am to
approximately 12:30pm.
HISTORY:
Street closure requests are required to go to council for approval.
ALTERNATIVES
Deny street closure(s).
RECOMMENDED MOTION:
I move to approve the street closures for the following events: The Pumpkin Roll, Taking
Steps to Beat Breast Cancer Walk, and the Santa Parade.
City of Arlington
Council Agenda Bill
Item:
NB # 4
Attachment
G
COUNCIL MEETING DATE:
October 5, 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:
I move to approve the acceptance of the donation and installation of the bench in honor of
the late Kent Baker into the Public Art Collection.
Kent Baker Bench Memorial
Dimensions:
Front 50 inches
Side 17 inches
Depth 19 inches
City of Arlington
Council Agenda Bill
Item:
NB # 5
Attachment
H
COUNCIL MEETING DATE:
October 5, 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:
I move to approve the Interlocal Agreement regarding In-Service Training Sessions and
authorize the Mayor to sign it.
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)