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HomeMy WebLinkAbout12-18-17 Council Meeting 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.    CALL TO ORDER  Mayor Barb Tolbert    PLEDGE OF ALLEGIANCE    ROLL CALL  Mayor Barb Tolbert – Kristin     APPROVAL OF THE AGENDA  Mayor Pro Tem Debora Nelson    INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS  Ralph Krusey - Snohomish County Emergency Radio System (SERS) regarding funding needed for new emergency radio system upgrade  Mayor Barb Tolbert    PROCLAMATIONS      PUBLIC COMMENT  For members of the public who wish to speak to the Council about any matter not on the Public Hearing  portion of the meeting.  Please limit remarks to three minutes.    CONSENT AGENDA                 Mayor Pro Tem Debora Nelson  1. Minutes of the December 6 and December 11, 2017 Council Meetings           ATTACHMENT A   2. Accounts Payable  3. Appointment of Jan Schuette to Community Transit  4. Appointment of Dan Rankin to Health District  5. Authority to Bid Arlington Valley Road                  ATTACHMENT B  6. Contract with Public Defender for Indigent Defense Services 2017‐18                      ATTACHMENT C  7. Contract with Zachor and Thomas for Prosecution Services 2017‐18          ATTACHMENT D  8. Contract with Snohomish County for First Responders Flex Fund                                ATTACHMENT E    9. Resolution Declaring Properties as Surplus              ATTACHMENT F  10. Non‐represented Employees Salary Schedule                          ATTACHMENT G         11. Professional Services Agreement Renewal with Strategies 360                            ATTACHMENT H    PUBLIC HEARING       Arlington City Council Meeting                                                             Monday, December 18, 2017 at 7:00 pm        City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the  ADA coordinator at (360) 403‐3441 or 1‐800‐833‐8388 (TDD only) prior to the meeting date if special accommodations are required.    NEW BUSINESS   1. Interlocal Agreement with Snohomish County for Embedded Social Worker       ATTACHMENT I       Staff Presentation:  Paul Ellis       Council Liaison:  Mayor Pro Tem Debora Nelson    2. Ordinance Amending Arlington Municipal Code Chapter 20.36            ATTACHMENT J       Horizontal Mixed Use (HMU)       Staff Presentation:  Marc Hayes       Council Liaison:  Mike Hopson/Jan Schuette    3. Ordinance Adding Arlington Municipal Code (AMC) Chapter 20.110  ATTACHMENT K                         Horizontal Mixed Use (HMU) Regulations       Staff Presentation:  Marc Hayes       Council Liaison:  Mike Hopson/Jan Schuette    DISCUSSION ITEMS    INFORMATION    ADMINISTRATOR & STAFF REPORTS    MAYOR’S REPORT    EXECUTIVE SESSION    RECONVENE    ADJOURNMENT  Mayor Barb Tolbert       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.  DRAFT Page 1 of 3 Council Chambers 110 East Third St December 4, 2017 Council Members Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle. Council Members Absent: None. City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Jonathan Ventura, James Trefry, Jim Kelly, Kris Wallace, Kristin Banfield, and City Attorney Steve Peiffle. Also Known to be Present: Lindsay Dunn Mayor Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance followed. APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson moved and Councilmember Chris Raezer seconded the motion to approve the agenda as presented. The motion passed unanimously. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Lindsay Dunn, 735 E. Highland Drive, suggested the City look at the condition of the heritage tree on S. Stillaguamish Avenue. He also noted that he supports the City’s purchase of the property at 4th and Olympic and the City should solicit community input on what the property should become. CONSENT AGENDA Mayor Pro Tem Debora Nelson moved and Councilmember Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried: 1. Minutes of the November 20 and 27, 2017 Council meetings. 2. Accounts Payable: approval of EFT Payments and Claims Checks #92373 through #92482 dated November 21, 2017 through December 4, 2017 for $1,736,087.47. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting December 4, 2017 Page 2 of 3 PUBLIC HEARING None. NEW BUSINESS Ordinance Updating Arlington Municipal Code (AMC) 13.12 regarding utility rate adjustments for multi‐family and commercial accounts Public Works Director Jim Kelly reviewed the proposed updates to Arlington Municipal Code 13.12 changing elements of the utility rate structure. These updates were previously discussed with Council at the July 24, 2017 Council Workshop. Public Works conducted a utility billing analysis in 2015‐2016 to determine the cost of service to provide water and wastewater services to three classes of customers: single family residential (SFR), multi‐ family residential (MFR), and commercial entities (COM). The goal of the analysis was to assure equity to all of Arlington’s utility customers. Based on the analysis, staff is proposing to maintain the current 2017 rates for 2018 for all customer classes. Staff is also proposing to modify the water and sewer billing structure for multi‐family residential services. The proposed MFR water billing modification will charge for all metered water consumption and eliminate the base charge that is currently charged to every apartment unit. The MFR monthly sewer charge for each apartment unit is adjusted to 77% of the SFR monthly sewer charge. Finally staff is proposing to modify the water and sewer billing structure for commercial services to charge for all metered water consumption and eliminate the individual base charge to other leased or sub‐leased units within the commercial building. The COM monthly sewer rate structure remains unchanged. There are no proposed changes to the SFR billing structure. Discussion followed. Mayor Pro Tem Debora Nelson moved and Councilmember Chris Raezer seconded the motion to approve the proposed ordinance amending Arlington Municipal Code Chapter 13.12 pertaining to utility rates. The motion passed unanimously. At 7:04 p.m., Mayor Tolbert excused herself from the next agenda item and left her seat. Mayor Pro Tem Debora Nelson called the next item of business. Approval of Lodging Tax Distributions for 2018 Finance Director Kristin Garcia reviewed the lodging tax distributions for 2018, as recommended by the Lodging Tax Advisory Committee (LTAC). Discussion followed. Councilmember Chris Raezer moved and Councilmember Sue Weiss seconded the motion to approve the lodging tax distributions for 2018, as recommended by the Lodging Tax Advisory Committee. The motion passed unanimously. At 7:06 p.m., Mayor Tolbert rejoined the meeting and resumed her position as chair. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis noted that the City has been asked to make appointments to the Snohomish Health District and Community Transit boards. If the council has no objection, staff will prepare motions for the December 18, 2017 to reappoint Darrington Mayor Dan Rankin as our representative to the Health District board and Councilmember Jan Schuette to the Community Transit board. Minutes of the City of Arlington City Council Meeting December 4, 2017 Page 3 of 3 MAYOR’S REPORT None. Council recessed the Arlington City Council meeting at 7:08 p.m. to hold a Transportation Benefit District meeting. At 7:12 p.m., the Council reconvened the meeting. EXECUTIVE SESSION City Attorney Steve Peiffle announced an Executive Session to discuss matters of pending or potential litigation [RCW 42.30.110(1)(i)] and that Council is not expected to take any action following Executive Session. Council recessed to Executive Session, estimated to last no more than 25 minutes, at 7:12 p.m. At 7:37 p.m., the Council reconvened the meeting. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:38 p.m. ______________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street December 11, 2017 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Jesica Stickles, Sue Weiss, Chris Raezer and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Marc Hayes, Jim Kelly, James Trefry, Jonathan Ventura, Kris Wallace, Kristin Banfield, Kris Wallace, and City Attorney Steve Peiffle. Also Known to be Present: Lindsay Dunn, Brian Bookey, and Doug Buell. Mayor Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance followed. APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson moved to approve the agenda with the addition of a new item #11 to discuss the current discussions with Marysville and Fire District 12 on a Regional Fire Authority. Councilmember Chris Raezer seconded the motion, which passed with a unanimous vote. Introduction of Special Guests and Presentations None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Ordinance Amending Arlington Municipal Code Chapter 20.36 pertaining to Horizontal Mixed Use (HMU) Community and Economic Development Director Marc Hayes reviewed the proposed updates to Arlington Municipal Code 20.36 pertaining to Horizontal Mixed Use (HMU). The 2017 update to the City’s Comprehensive plan amended a number of elements including the use of a HMU overlay, removal of the TDR overlay zone, removal of the low/moderate density designation, and other elements. The proposed ordinance amends the City’s land use code to be consistent with our Comprehensive Plan in above listed areas. The Planning Commission reviewed the proposed ordinance and has recommended its adoption. Discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop December 11, 2017 Page 2 of 4 Ordinance Adopting New Mixed Use Development Regulations and Form Based Code (Arlington Municipal Code Chapter 20.110) Community and Economic Development Director Marc Hayes reviewed the proposed ordinance adopting mixed use development regulations and form based code language. This regulatory plan is the final element in implementing the City’s Mixed Use Development strategy that provides for compliance with the Growth Management Act and concurrence with the goals and policies of the City’s Comprehensive plan. This plan allows for the responsible, efficient utilization of property in the creation of new neighborhoods which allow for the coexistence of residential, retail, commercial, professional and light manufacturing uses within an identified “place type”. The Planning Commission has reviewed the proposed ordinance and has recommended its adoption. Discussion followed. Authority to Bid Arlington Valley Road Project Public Works Director Jim Kelly reviewed the request to bid the construction of the Arlington Valley Road project. At the April 2015 Retreat, City Council identified three focus areas that were poised for future development with a main area being the Kent‐Prairie focus area. Staff moved forward with infrastructure improvement projects that would support growth in the Kent‐Prairie area. One of these projects included the design and construction of the Arlington Valley Road project. This project was originally included in the City’s first Comprehensive Plan (2005). Right‐of‐way has been procured, designs are complete, and all necessary permits have been obtained to construct the Arlington Valley Road project. Discussion followed. Interlocal Agreement with Snohomish County for Law Enforcement Embedded Social Worker City Administrator Paul Ellis reviewed the draft Interlocal Agreement with Snohomish County for a Law Enforcement Embedded Social Worker. The City of Arlington and Snohomish County are embarking on a pilot project for a Law Enforcement Embedded Social Worker (LEESW). The goal of the LEESW program is to provide an alternative police response to those people with social service needs within and/or directly impacting the City of Arlington. The proposed interlocal agreement outlines the purpose, activities, and commitment of resources from each agency. The ILA is for two years, expiring December 31, 2019. The estimated cost for 2018 is $50,000, which has been budgeted. Discussion followed. Contract Renewal with Feldman & Lee, P.S. for Public Defender Services City Administrator Paul Ellis reviewed the draft contract renewal with Feldman & Lee for public defender services. Feldman & Lee has served as the City’s public defender since 2007. The term of the new contract is from January 1, 2017 through December 31, 2018. The contract fee is $20,000 per month. Discussion followed. Contract Renewal with Zachor & Thomas for Prosecution Services City Administrator Paul Ellis reviewed the draft contract renewal with Zachor & Thomas for prosecution services. The City and Zachor & Thomas recently completed negotiations for the firm to provide prosecution services, covering the term from January 1, 2018 through December 31, 2020. The contract will be for $14,960 per month for 2018. Zachor & Thomas Minutes of the City of Arlington City Council Workshop December 11, 2017 Page 3 of 4 has served as the City’s prosecutor at the municipal court level since 2001. Discussion followed. Contract with Snohomish County for First Responder Flex Fund City Administrator Paul Ellis reviewed the draft contract with Snohomish County for the First Responder Flex Fund. Snohomish County is granting the city $2,146 for an additional First Responders Flex Fund. The funds are to be used by first responders and social workers to procure goods and services such as shelter, food, clothing, medical care, transportation, or other basic needs. The purpose is to abate an emergency situation discovered by first responders. The contract outlines the responsibilities of each agency in using the grant money, including quarterly reporting requirements. These funds are being granted to each agency participating in the Law Enforcement Embedded Social Worker (LEESW) pilot project. Discussion followed. Resolution Declaring Properties as Surplus City Administrator Paul Ellis reviewed the two properties proposed for surplus and sale, as they are no longer needed in the City’s inventory. The first is the property located on the SW corner of E. Division Street and N. Olympic Avenue. The second is the property adjacent to York Park. Proceeds from the sales would be applied to the parks capital fund. Discussion followed. Salary Schedule for Non‐Represented Employees for 2018 City Administrator Paul Ellis reviewed the proposed revised salary schedule for the City’s non‐represented employees not under contract. The revised salary schedule reflects an annual market adjustment in the amount of 3%, as already approved as part of the 2018 budget modification adopted by Council on November 20, 2017. Discussion followed. Professional Services Agreement Renewal with Strategies 360 City Administrator Paul Ellis reviewed the contract renewal and scope of work with Strategies 360 for lobbying services. The proposed contract is for January 1 through December 31, 2018. The continuation of the contract ensures that our best interests are represented in the decision‐making processes of the Washington State Legislature, the Washington State Department of Transportation, the United States Congress, as well as other state and federal agencies. The City budgeted $36,000 in the 2018 budget for this service. The City has been a direct client of Strategies 360 since 2012. Discussion followed. Regional Fire Authority (RFA) Mayor Pro Tem Debora Nelson asked for an update on the RFA Planning Committee’s progress and requested feedback from all the Council on the current status. Councilmembers Raezer, Stickles, Weiss, and Oertle provided their views on the progress made so far and the three remaining challenges to address: governance structure, sustainable funding, and debt. Councilmembers Hopson and Schuette provided their thoughts on the process and the results so far. Additional discussion followed. The Council mutually agreed to continue the RFA Planning Committee discussions into the New Year. Minutes of the City of Arlington City Council Workshop December 11, 2017 Page 4 of 4 MISCELLANEOUS COUNCIL ITEMS None. PUBLIC COMMENT Brian Bookey, National Foods Corporation, shared that he appreciates the Planning Commission and Council’s work on the horizontal mixed use. He noted that National Foods cannot expand their operation at their current location and has been marketing the property for sale. He expressed the biggest issues that developers face is the cost of infrastructure and uncertainty in plans and regulations. COUNCILMEMBER REPORTS Councilmembers Stickles, Nelson, Raezer and Schuette gave brief reports, while Councilmembers Oertle, Hopson, and Weiss had nothing further to report this evening. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:30 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #5 Attachment B COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Authority to bid Arlington Valley Road Project ATTACHMENTS: Construction Estimate and map of project area DEPARTMENT OF ORIGIN Public Works; Jim Kelly – 360‐403‐3505 EXPENDITURES REQUESTED: Bid Advertisement Only – No Expenditures BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Request authority to advertise to bid construction of the Arlington Valley Road Project. HISTORY: At the April 2015 Retreat, City Council identified three focus areas that were poised for future development with a main area being the Kent‐Prairie focus area. Staff moved forward with infrastructure improvement projects that would support growth in the Kent‐Prairie area, one of these projects included the design and construction of the Arlington Valley Road project ‐ a transportation project originally included in the City’s first Comprehensive Plan (2005). Right‐of‐way has been procured, designs are complete, and all necessary permits have been obtained to construct the Arlington Valley Road project, staff is now requesting authorization to advertise this project for bid in January 2018. ALTERNATIVES: Do not authorize staff to bid this project Table construction to a later date RECOMMENDED MOTION: I move to authorize staff to bid the Arlington Valley Road Project, pending final review by the City Attorney. Bid Schedule - Roadwa City of Arlington Arlington Valley Road Item No.DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price PREPARATION 1 UNEXPECTED SITE CHANGES 0001 1 L.S. $ 10,000.00 10,000.00$ 2 MOBILIZATION/DEMOBILZATION 0001 1-09.7 1 L.S. $ 391,000.00 391,000.00$ 3 CLEARING AND GRUBBING 0025 2-01.5 4.9 ACRE $ 3,500.00 17,150.00$ 4 REMOVAL OF STRUCTURE AND OBSTRUCTION 0050 2-02.5/GSP 1 L.S. $ 18,000.00 18,000.00$ 5 SAWCUT EXISTING PAVEMENT ---SP 2300 L.F. $ 2.00 4,600.00$ 6 PLANING BITUMINOUS PAVEMENT 5711 5-04.5 1680 S.Y. $ 5.00 8,400.00$ EROSION CONTROL AND ROADSIDE RESTORATION 7 INLET PROTECTION 6471 8-01.5 9 EACH $ 200.00 1,800.00$ 8 STABILIZED CONSTRUCTION ENTRANCE 6468 8-01.5 335 S.Y. $ 20.00 6,700.00$ 9 SILT FENCE 6373 8-01.5 7,300 L.F. $ 4.50 32,850.00$ 10 EROSION/WATER POLLUTION CONTROL 6490 SP 1 L.S. $ 15,000.00 15,000.00$ 11 SEEDING AND FERTILIZING 6412 8-01.5 1.5 ACRE $ 10,000.00 15,000.00$ 12 HIGH VISIBILITY FENCE 6630 8-01.5 200 L.F. $ 5.00 1,000.00$ GRADING 13 ROADWAY EXCAVATION INCL. HAUL 0310 2-03.5 10,000 C.Y. $ 10.00 100,000.00$ 14 UNSUITABLE FOUNDATION EXCAVATION, INCL. HAUL 0350 2-03.5 5,230 C.Y. $ 25.00 130,750.00$ 15 GRAVEL BORROW INCL. HAUL 0431 2-03.5 15,000 TON $ 25.00 375,000.00$ 16 SHORING OR EXTRA EXCAVATION CLASS B 7008 7-08.5 25,575 S.F $ 2.00 51,150.00$ STORM SEWER 17 SLOTTED UNDERDRAIN PIPE 8 IN. DIAM --7-01 920 L.F. $ 45.00 41,400.00$ 18 DUCTILE IRON STORM SEWER PIPE 8 IN. DIAM.7-04 260 L.F. $ 95.00 24,700.00$ 19 CATCH BASIN TYPE 1 7-05 4 EACH $ 2,000.00 8,000.00$ 20 CONCRETE INLET 7-05 1 EACH $ 2,000.00 2,000.00$ 21 CATCH BASIN TYPE 2 48 IN. DIAM 3105 7-05 11 EACH $ 3,700.00 40,700.00$ 22 OVERFLOW STRUCTURE 7-05 6 EACH $ 400.00 2,400.00$ 23 ADJUST CATCH BASIN 3100 7-05 3 EACH $ 2,000.00 6,000.00$ 24 BIORETENTION SOIL MEDIA 8 318 C.Y. $ 45.00 14,310.00$ 25 GRAVEL BACKFILL FOR DRAIN 7014 7-01.5 3765 TON $ 45.00 169,425.00$ SURFACING - ROAD 26 CRUSHED SURFACING TOP COURSE 5120 4-04 1450 TON $ 35.00 50,750.00$ SURFACING - TRAIL 27 CRUSHED SURFACING TOP COURSE 5120 4-04 10230 TON $ 40.00 409,200.00$ HOT MIX ASPHALT - ROAD 28 PAVEMENT REPAIR 5-04 333 SY $ 80.00 26,640.00$ 29 HMA CL. 1/2 IN. PG 64-22 5267 5-04 5040 TON $ 90.00 453,600.00$ 30 ASPHALT COST PRICE ADJUSTMENT 5837 5-04 1 CALC $ 10,000.00 10,000.00$ PLANTING - ROAD 31 SEEDING AND FERTILIZING 6412 8-01.5 2 ACRE $ 10,000.00 15,000.00$ 32 SOD INSTALLATION 6555 5-04 289 SY $ 34.00 9,826.00$ 33 TOPSOIL TYPE A 6405 5-04 50 CY $ 35.00 1,750.00$ TRAFFIC 34 CEMENT CONC. TRAFFIC CURB AND GUTTER TYPE 1 6700 8-04 7690 L.F. $ 25.00 192,250.00$ Bid Schedule - Roadwa City of Arlington Arlington Valley Road Item No.DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price 35 EXTRUDED CURB 6727 8-04 230 L.F. $ 15.00 3,450.00$ 36 CEMENT CONC. PEDESTRIAN CURB 6707 8-04 90 L.F. $ 50.00 4,500.00$ 37 CEMENT CONCRETE SIDEWALK 7055 8-14 30 S.Y. $ 65.00 1,950.00$ 38 PAINT LINE 6806 8-22.5 7100 L.F. $ 1.50 10,650.00$ 39 PLASTIC WIDE LANE LINE 6828 8-22.5 195 L.F. $ 2.00 390.00$ 40 PLASTIC STOP LINE 6859 8-22.5 70 L.F. $ 10.00 700.00$ 41 PLASTIC CROSSWALK LINE 6857 8-22 370 S.F. $ 10.00 3,700.00$ 42 PLASTIC TRAFFIC ARROW 6833 8-22.5 25 EACH $ 175.00 4,375.00$ 43 PLASTIC TRAFFIC LETTER 6871 8-22.5 8 EACH $ 70.00 560.00$ 44 RAISED PAVEMENT MARKER TYPE 2 6884 8-22.5 1 HUND $ 500.00 500.00$ 45 PERMANENT SIGNING 6890 8-21.5 1 L.S. $ 6,000.00 6,000.00$ 46 ILLUMINATION SYSTEM 6904 8-20.5 1 L.S. $ 730,000.00 730,000.00$ 47 PROJECT TEMPORARY TRAFFIC CONTROL 6971 1-10.5 1 L.S. $ 150,000.00 150,000.00$ OTHER 48 ROADWAY SURVEYING 7038 1-05.4 1 L.S. $ 103,000.00 103,000.00$ 49 UTILITY POTHOLING 1-07.17 1 EST. $ 5,000.00 5,000.00$ 50 DEWATERING 2-10.5 1 L.S. $ 15,000.00 15,000.00$ 51 REMOVE AND RESET GATE 8-12.5 3 EACH $ 1,500.00 4,500.00$ 52 REMOVE AND RESET FENCE 8-12.5 1,700 L.F. $ 12.00 20,400.00$ 53 TEMPORARY FENCE 8-12.5 500 L.F. $ 6.00 3,000.00$ 54 ADJUST GATE CONTROL PANEL TO GRADE 8-12.5 1 EACH $ 1,000.00 1,000.00$ 55 CEMENT CONC. CURB RAMP TYPE PARALLEL A 7058 8-14.5 52 S.Y. $ 180.00 9,360.00$ 56 CEMENT CONC. CURB RAMP TYE B PARALLEL (MOD) 7058 8-14.5 16 S.Y. $ 180.00 2,880.00$ 57 CEMENT CONC. CURB RAMP TYPE SINGLE DIRECTION A 7058 8-14.5 71 S.Y. $ 180.00 12,780.00$ 58 CEMENT CONC. CURB RAMP TYPE COMBINATION 7058 8-14.5 35 S.Y. 180.00$ 6,300.00$ 59 TRIMMING AND CLEANUP 7490 2-11.5 1 L.S. $ 5,000.00 5,000.00$ 60 QUARRY SPALLS 1085 8-15.5 80 C.Y. $ 65.00 5,200.00$ 61 STREAMBED COBBLES 1096 8-04.5 3 C.Y. $ 100.00 300.00$ 62 UNFORSEEN CONDITIONS FORCE ACCOUNT 7715 1-09.6 1 EST. $ 20,000.00 20,000.00$ 63 REIMBURSEMENT FOR THIRD PARTY DAMAGE 7725 1-07.13(4)1 EST. $ 10,000.00 10,000.00$ 64 SPCC PLAN 7736 1-07.15(1)1 L.S. $ 1,000.00 1,000.00$ 65 RECORD DRAWINGS (min Bid $2,000) --SP 1 L.S. $ 2,000.00 2,000.00$ 66 TYPE B PROGRESS SCHEDULE 7003 SP 1 L.S. 1,500.00$ 1,500.00$ Subtotal 3,801,346$ Design Contingency 0% -$ Construction Total 3,810,000$ Bid Schedule - Roadwa City of Arlington Arlington Valley Road Item No.DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price PREPARATION 1 INCLUDED IN AVR ROADWAY SANITARY SEWER 2 CONNECTION TO EXISTING SEWER PIPE 7-05 1 EACH $ 550.00 550.00$ 3 MANHOLE 48 IN. DIAM. TYPE 7360 7-05 7 EACH $ 3,500.00 24,500.00$ 4 PVC SANITARY SEWER PIPE, 8 IN. DIAM 3767 7-17 945 L.F $ 65.00 61,425.00$ 5 TESTING SEWER PIPE 3152 7-17.5 945 L.F $ 2.00 1,890.00$ 6 ADJUST MANHOLE 3080 7-05 6 EACH $ 500.00 3,000.00$ WATER MAIN 7 HYDRANT ASSEMBLY 3486 7-14.5 11 EACH $ 6,500.00 71,500.00$ 8 GATE VALVE, 12" (FL X FL)7-12.5 18 EACH $ 2,500.00 45,000.00$ 9 COMB. AIR RELEASE/AIR VACUUM VALVE ASSEMBLY 1 IN 3835 7-12.5 1 EACH $ 2,500.00 2,500.00$ 10 BLOWOFF ASSEMBLY 3838 7-09.5 1 EACH $ 2,500.00 2,500.00$ 11 DUCTILE IRON PIPE FOR WATER MAIN 12 IN. DIAM. 3869 7-09.5 2640 L.F. $ 110.00 290,400.00$ 12 CONNECT TO EXISTING WATERMAIN 7-09.5 8 EACH $ 3,000.00 24,000.00$ ADJUST WATER VALVE BOX 6243 7-12.5 12 EACH $ 500.00 6,000.00$ Subtotal 533,265$ Design Contingency 0% -$ Construction Total 540,000$ 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 dataare compiled from a variety of sources which m ay contain errors and users who rely upon the inform ation do so at their own risk. Users agree to indemnify, defend, and hold harmless the Cityof Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. Arlington Valle y Road Project(R oad Section) Arlington Valle y Road Project(Intersection Section) 79TH DR NE 80TH AVE NE CEMETERYRD 200THST NE 72ND AVE NE 200TH PL NE CEMETERY RD 68TH DRNE 65TH DR NE 199TH ST NE 201ST ST NE 64TH DR NE 77TH AVENE OLYMPIC PL 190THPL NE 71ST AVE NE 74TH AVE NE 62ND DR NE 206THSTNE 191ST PL NE 67TH AVE NE 192ND ST NE 195TH ST NE KNOLL DR 197TH ST NE VALLEYVIEWDR 62ND AVE NE 192ND PL NE 190TH PL NE VISTADR OLDBURNRD BURN RD 63RD AVE NE CROWNRIDGEBLVD 204TH ST NE SR 9 Arlington Valley Road Project 1 of 1 12/6/2017 ArlValleyRd_8.5x11_17 City of Arlington 1 inch = 900 feetSheet: Date: Scale: File: ±City Limits New Road Construction Na m e Sta rt End Le ngth (ft.)Arl ington Val le y Rd 67th Ave NE 74th Ave NE 3,765 Tra ffic Signal(Prop osed) City of Arlington Council Agenda Bill Item: CA #6 Attachment C COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Contract renewal with Feldman & Lee for public defender services ATTACHMENTS: Proposed contract with Feldman & Lee for public defender services DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: General Fund – Police / Criminal Justice Budget BUDGETED AMOUNT: $261,000 LEGAL REVIEW: DESCRIPTION: The City’s contract with Feldman & Lee for public defender services expired on December 31, 2016. The City and Feldman & Lee recently completed negotiations on a successor agreement, covering the term from January 1, 2017 through December 31, 2018. The contract will be for $20,000 per month. HISTORY: The law firm of Feldman & Lee has served as the City’s public defender since 2007. ALTERNATIVES: RECOMMENDED MOTION: I move to approve the contract with Feldman & Lee for public defender services and authorize the Mayor to sign the contract. City of Arlington Council Agenda Bill Item: CA #7 Attachment D COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Contract renewal with Zachor & Thomas for prosecution services ATTACHMENTS: Zachor & Thomas contract DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: General Fund – Police / Criminal Justice Budget BUDGETED AMOUNT: $170,000 LEGAL REVIEW: DESCRIPTION: The City and Zachor & Thomas recently completed negotiations for the firm to provide prosecution services, covering the term from January 1, 2018 through December 31, 2020. The contract will be for $14,960 per month for 2018. HISTORY: The law firm of Zachor & Thomas has served as the City’s prosecutors at the municipal court level since 2001. ALTERNATIVES: RECOMMENDED MOTION: I move to approve the contract with Zachor & Thomas for prosecutor services and authorize the Mayor to sign the contract. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into between the City of EdmondsArlington, a Washington municipal corporation (hereinafter referred to as the "City"), and the Law Offices of Zachor & Thomas, Inc., P.S. (hereinafter referred to as the "Consultant"). WHEREAS, the City has established its municipal court under the provisions of Chapter 3.50 RCW and Edmonds City Code 2.15; WHEREAS, the City wishes to contract with a skilled firm with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of Washington and have experience as prosecutors within the State of Washington and the City of EdmondsArlington; WHEREAS, the City and the Consultant have a current contract for prosecutorial services that expired s on December 31st, 2016 and has been operating under a yearly extension615; and WHEREAS, the City has remains been satisfied with the services of the Consultant; NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Agreement is entered into on a date specified hereafter between the City and the Consultant, subject to the terms and conditions set forth below: 1.Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2.Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work, and shall consist of the following: 2.1. Base Rate: The Prosecutor shall receive a monthly retainer of THIRTEEN THOUSAND, THREE HUNDRED AND NINETY DOLLARS FOURTEEN THOUSAND NINE HUNDRED SIXTY DOLLARS AND 00/00, $ ($13,390.00) 14,960.00 12,952.00 per month for performance of those duties set forth in Attachment this agreement for the year 2018. A standard yearly increase shall apply for each year subsequent as set forth in paragraph 2.3. A, Scope of Work for the year 2017. January 1, 2018‐December 31, 2018, the base rate shall increase to 14,935.00. The standard yearly increase shall apply to the 2019 contract year. 2 2.2. Hourly Rate. Services performed outside the scope of work described in Attachment A,this agreement or which may be mutually agreed upon to be added at a later date, or additional court calendars added by the court not contemplated in this agreement, including preparation and appearance time, shall be in addition to the base rate set forth in paragraph 2.1. Absent a separate agreement, those services shall be billed at a rate of ONE HUNDRED FIFTY DOLLARS ($15000.00) per hour. Additional calendars shall be billed for no less than 2.5 hours per appearance. Any Rules of Appeal of Decisions of Courts of Limited Jurisdiction ( RALJ ) case filed in Superior Court, criminal case filed into the South Division of Snohomish County District Court shallCourt, shall be billed at the rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour. Forfeitures shall be billed at a flat rate of $300 per case for default judgments and at the hourly rate of $175.00 an hour for trials. Any other cases filed at the Court of Appeals; cases filed at the Supreme Court; cases filed in another Division of the Snohomish County District Court; forfeiture cases filed in courts other than the Edmonds Marysville Municipal Court, or Lynnwood Municipal Court, which require the appearance of the Prosecutor; and such other activities agreed to by the City and the Prosecutor, shall be billed at ONE HUNDRED FIFTY SEVENTY FIVE DOLLARS ($17550.00) per hour. The Consultant shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court. 2.3 Fees Review. The schedule of fees provided for in paragraph 2.1 and 2.2 shall apply for the contract period reflected in Article 4. Should the court substantially alter the requirements of the Consultant, the Consultant shall provide notification to the City. Changes in fees shall be proposed by the Consultant to the Mayor. Any changes must be mutually agreed to by the Mayor and the Consultant, and then must be approved by the Edmonds ArlingtonCity. Council. Upon acceptance by all parties, the changes will be made a part of this Agreement. Payment Rate Adjustment. The payment rate shall be increased each January 1st 2019 by 4%. the greater of the CPI‐W Seattle‐Tacoma‐ Bremerton or 2%, but not to exceed 5%. This shall take into account the cost of doing business. as well as the cost of nominal filing increases, printing, . Should the criminal criminal filings exceed a 10% increase or decrease per calendar year, or should the court substantially alter the court appearances or requirements of the Consultant, the parties may renegotiate the terms of this fee agreement. 2.4 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), transcript and document fee’s and interpreters’ fees determined to be necessary by the Consultant in the preparation and disposition of its cases. The City shall approve all other anticipated fees, before such expense Commented [M1]: This cases are more complex therefore the hourly rate is highe for these matters Formatted: Indent: First line: 0" Commented [SJP2]: This is incomplete; by how much? Formatted: Indent: First line: 0" 3 is incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold the Consultant harmless from such expenses and costs as set forth hereinabove. 2.5 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee for prosecution services. Should the Consultant be absent, it shall be the responsibility of the Consultant to provide substitute coverage with a properly licensed State of Washington attorney, who has been previously approved by the Court. All individuals providing services under this Agreement (including substitute attorneys) must wear City‐issued identification when in the Public Safety Building as issued by the Police Department. If a “Conflict Prosecutor” is required, such “Conflict Prosecutor” shall be approved by the City. through its Court. In the event of a dispute regarding approval of any individual, the Edmonds City Council shall be final arbiter. The City is responsible for any costs associated with the “Conflict Prosecutor, where there is an actual conflict with the City. 3. Ownership and use of documents. All City files and other documents maintained by the Consultant shall be the files of the City and accessible by the City through its City Attorney or other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all files maintained by the Consultant shall be tendered to the City, subject to the terms and conditions of this Agreement and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City. Any equipment, facilities and materials provided by the Consultant shall remain the sole property of the Consultant. 4. Term of Contract. The term of this Agreement shall be from the first __1ST____ day of January___January____, 201872013 through December 31, 2015 through December 31, 202019. Upon the effective date of this Agreement, all other existing contracts and/or agreements between the parties for prosecutorial services shall terminate. The Consultant shall submit a proposed contract for the calendar year 20206 by mutual date of the parties. It is anticipated that negotiations for renewal of this contract will take place prior to the expiration of 2020192015; provided, however, that if no negotiations shall occur, or if no agreement has been reached, this contract shall be renewed automatically for oneeach calendar year, subject to the same terms and conditions set forth herein and each year subsequent, absent a new agreement. . Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. Acting Within Scope. To the extent provided by law and irrespective of any insurance required of the Consultant, the Consultant shall defend and indemnify the City from any and all claims arising out of or in any way relating to this Agreement; provided, however, requirements of this paragraph shall not apply to that portion of such claim that Formatted: Indent: First line: 0" Commented [M3]: I am not sure if this sentence necessary. Formatted: Underline Commented [M4]: This section was taken from the existing Arlington Contract. 4 reflects the percentage of negligence of the City compared to the total negligence of all persons, firms, or corporations that resulted in the claim. Conduct of City. Nothing herein shall be interpreted to require the Consultant to indemnify the City, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the City, its officers, agents or employees. Conduct of the Prosecuting Attorney. So long as the Consultant is acting within the scope of this contract and in accord with its ethical responsibilities under the provisions of the Rules of Professional Conduct, it shall be entitled to legal defense and representation as an official of the City. Nothing herein shall be interpreted to require the City to indemnify the Consultant, its officers, attorneys, agents or employees from loss, claim or liability arising from negligent, wrongful or tortious conduct of the Consultant, its officers, attorneys, agents or employees. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant’s negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the Consultant’s agents or employees; and (b) the City, its agents, officers and employees, this indemnity provision with respect to: (1) claims or suits based upon such negligence; and/or (2) the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant’s negligence or the negligence of the Consultant’s agents or employees. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including state statutes and the Washington Rules for Professional Conduct. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. 6. General and professional liability insurance. During the life of this Contract, the Prosecutor shall maintain professional liability and malpractice insurance which shall include anyone acting for or on behalf of the Prosecutor in the performance of this Contract. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington and shall have policy limits of ONE MILLION DOLLARS ($1,000,000.00) or more. a. Consultant presently maintains insurance and of the types described below from insurers licensed to do business in the State of Washington, and which have a current A.M. Best rating of not less than A:VII: A. Worker’s Compensation and employer’s liability insurance as required by the Industrial Insurance laws of the State of Washington. B. Professional Liability and General Malpractice Insurance shall be maintained throughout the term of this contract. Formatted: Underline Formatted: Underline Formatted: Space After: 6 pt Commented [M5]: This section was from another contract. I used the language from our previouls version instead. Formatted: Font: Not Bold, No underline Formatted: Normal, Justified Formatted: Font: Cambria Commented [M6]: This section which was stricken was from another unrelated contract. The language in paragraph 6 is taken directly from the current contract. Formatted: Font: Cambria Commented [SJP7]: They have deleted the WCIA recommended insurance provisions in favor of this paragraph. Potential concerns include whether their insurance company is viable or able to pay claims; lack of a provision requiring notice if their malpractice insurance were to be canceled; potential dispute between WCIA and prosecutor’s insurer over who is “primary” and who is “secondary” if a claim is made; and lack of ability to insist on a copy of the policy. Formatted: Indent: Left: 0.25", No bullets or numbering 5 b. The Consultant’s Commercial General Liability policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self‐insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance in the form of original certificates and copies of any amendatory endorsements required by the Agreement evidencing the insurance requirements before commencement of the work. The City reserves the right to require complete, certified copies of all required insurance policies at any time. c. The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. d. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. e. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days’ notice to the Consultant to correct the breach, immediate terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 1. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 2. Consultant shall obtain insurance of the types described below from insurers licensed to do business in the State of Washington, and which have a current A.M. Best rating of not less than A:VII: 3. A. Worker’s Compensation and employer’s liability insurance as required by the Industrial Insurance laws of the State of Washington. 4. B. Professional Liability and General Malpractice Insurance shall be maintained throughout the term of this contract. 5. The Consultant’s Commercial General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. Excepting the Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Font: Cambria Formatted: Indent: Hanging: 0.75", Tab stops: 0", List tab + Not at 0.75" Formatted: Space After: 0 pt, No bullets or numbering 6 Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance in the form of original certificates and copies of any amendatory endorsements required by the Agreement evidencing the insurance requirements before commencement of the work. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 6. The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. 7. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 8. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days’ notice to the Consultant to correct the breach, immediate terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. This is an agreement for legal services and either party the City as client may may terminate the agreement for any reason upon one hundred eighty (1820) days written notice and the Consultant shall be paid through the last month of the billing cycle in which work is completed. In the event of termination, work in progress will be completed by Consultant if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, Consultant will submit all unfinished documents, reports, or other material to City and Consultant will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. Formatted: Normal, Justified 7 11. Integration. The entire agreement between the parties shall consist of this document and the Consultant's proposal, attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials as described in 2.2. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. ; pProvided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with the Washington State Bar Association Standards. sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non‐waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non‐assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Formatted: Justified Formatted: Justified 8 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City shall be sent to the following address: City of Edmonds City of Arlington Human ResourcesCityArlington City Hall 121 Fifth Avenue North238 N. Olympic Ave. Edmonds, WA 98020Arlington, WA 98223 Notices to the Consultant shall be sent to the following address: Zachor & Thomas, Inc., P.S. 23607 Highway 99, Suite 1D Edmonds, Washington 98026 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDSARLINGTON ZACHOR & THOMAS, INC., P.S. By By Mayor Barbara Tolbert H. James Zachor, Jr. President Its ATTEST: ________________________________ Kristin Banfield, City Clerk Formatted: Justified 9 APPROVED AS TO FORM: BAILEY, DUSKIN & PEIFFLE, PS ________________________________ Office of the City Attorney Steven J. Peiffle ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney 10 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Formatted: Space Before: 0 pt 11 Attachment A Scope of Work Zachor & Thomas Prosecution Services The Consultant shall provide the following services 1. 1. Review police incident reports for determination of charging for matters not directly filed; 9.1. 2 Maintain all current cases in an appropriate filing system; 2. 3 Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 3. 4 Interview witnesses as necessary in preparation of prosecution of cases; minimum8In 2018, based on case need, the hours may increase to a maximum of 15 per week. 4. 5 Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 10.5. 6 Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary 11. 12.6. 7. Represent the City at all arraignments, pretrial hearings, motion hearings, review hearings, in‐custody hearings held at Marysville Municipal Court, and trials on currently scheduled court days( based on the 2017 court calendar); 7. 8. Prosecute contested code and traffic infraction violations which are scheduled on the regular 2017 criminal calendar; Forfeitures shall be billed at a flat rate of $300 per case. Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing; 8. 10 Be available to the Police Department for questions at all reasonable times, by providing appropriate telephone numbers, cell phone numbers, e‐mail addresses, and voice mail access. And at a time and date to be mutually agreed upon by the parties, the Consultant may conduct training with the Police Department. At a time and date to be mutually agreed upon by the parties, the Consultant shall conduct yearly training with the Police Department. Formatted: Justified, Don't add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Justified, Don't add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Justified, Don't add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Tab stops: 0.5", Left + Not at 3" 12 The Consultant maintains a business office in the City of Edmonds and Police Officers may meet with the Consultant at anytime during normal business hours, when the Consultant is available. 11. Consult with the City Attorney, as needed, regarding Edmonds City Code amendments. Services provided under this Agreement play an important part in fostering public confidence in the criminal justice system and are an important and essential part of law enforcement. All services provided under this Agreement shall be in accord with the Rules of Professional Responsibility, local court rules and the normal standard of care among prosecutors in Western Washington. 13. City of Arlington Council Agenda Bill Item: CA #8 Attachment E COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Contract with Snohomish County for First Responders Flex Fund ATTACHMENTS: Draft Contract with Snohomish County for First Responder Flex Fund DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: ‐0‐ BUDGET CATEGORY: Police BUDGETED AMOUNT: ‐0‐ LEGAL REVIEW: DESCRIPTION: Snohomish County is granting the city $2,146 for an additional First Responders Flex Fund. The funds are to be used by first responders and social workers to procure goods and services such as shelter, food, clothing, medical care, transportation, or other basic needs. The purpose is to abate an emergency situation discovered by first responders. The contract outlines the responsibilities of each agency in using the grant money, including quarterly reporting requirements. These funds are being granted to each agency participating in the Law Enforcement Embedded Social Worker (LEESW) pilot project. HISTORY: This is a new grant for the City of Arlington. ALTERNATIVES: Take no action RECOMMENDED MOTION: I move to approve the contract with Snohomish County for First Responders Flex Fund and authorize the Mayor to sign the contract. City of Arlington Council Agenda Bill Item: CA #9 Attachment F COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Resolution Declaring Properties as Surplus ATTACHMENTS: Properties’ summary DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: 1. The City currently has two property that is no longer needed in the city inventory. Located on the SW corner of Division and Olympic MC MAHONS 1ST ADD TO ARL BLK 009 D‐01 LOTS 1, 2, 3, 4, & N 0.15FT LOT 5LESS N 59.85FT LOT 4 ALSO LESS W 15.65FTOF N 59.85FT OF LOT 3. Proceeds of the sale would be applied to the parks capital fund. 2. Located East of York Park 3209 180th Street NE, HIGHWAY HOME SITES BLK 000 D‐06 ‐ LOT 1 OF ZA8910445SP REC AF NO 9506210066 BEING A PTN OF LOT8 EXST PLAT. Proceeds from the sale would be applied to the parks capital fund. HISTORY: 1. Property was purchased during the North Olympic Project for additional parking. A portion of the property is being leased month to month by Triple Shop Espresso. 2. Property was purchased as part of the York Park Development in 2000. The proposed surplus property is not part of the current York Park. Surplus was approved by the PARC. ALTERNATIVES: None RECOMMENDED MOTION: (City Attorney recommends separate motions.) 1. I move to surplus the property described above at the SW corner of Division and Olympic and allow staff to list the property with a commercial broker after a Request for Proposal process. 2. I move to surplus the property described above at 3209 180th Street NE and authorize staff to conduct a Request for Proposal process for redevelopment of the property. City of Arlington Council Agenda Bill Item: CA #10 Attachment G COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Salary Schedule for Non-Represented Employees for 2018 ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360-403-4603 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Administration and Human Resources are proposing the adoption of a revised salary schedule for the City’s non-represented employees not under contract. The proposed schedule provides the same 12-step pay structure for Range P (Airport Director and Administrative Services Director), Range Q (CED Directory, Public Works Director, Finance Director), Range R (Fire Chief and Police Chief) and Range AA (City Administrator) as is present in the rest of the salary schedule pay ranges currently in effect. This change does not result in any current budget impact. HISTORY: The attached revised salary schedule reflects an annual market adjustment in the amount of 3% for non-represented employees not under contract beginning January 1, 2018, already approved as part of the 2018 budget modification adopted by Council on November 20, 2017. ALTERNATIVES RECOMMENDED MOTION: I move to approve the proposed Salary Schedule for Non-Represented Employees for 2018. City of Arlington Council Agenda Bill Item: CA #11 Attachment H COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Professional Services Agreement renewal with Strategies 360 ATTACHMENTS: Strategies 360 Professional Services Agreement DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: $36,000 BUDGET CATEGORY: GF—Other General Government Services LEGAL REVIEW: DESCRIPTION: The attached contract and scope of work describes the work to be done by Strategies 360 at the state and federal level from January 1 through December 31, 2018. Strategies 360 has been working on our behalf in Olympia and Washington, D.C. to address some of our immediate and long‐term transportation improvement goals, as well as assist us in economic development and other areas. The continuation of the contract ensures that our best interests are represented in the decision‐making processes of the Washington State Legislature, the Washington State Department of Transportation, the United States Congress, as well as other state and federal agencies. The City budgeted $36,000 annually for the 2017‐18 budget. HISTORY: The City has been a direct client of Strategies 360 starting in Fall 2012. Prior to that, the City was a client through our participation in the SR9 Coalition. ALTERNATIVES None RECOMMENDED MOTION: I move to approve the contract with Strategies 360 for Lobbying Services for 2018 and authorize the Mayor to sign the contract. City of Arlington Council Agenda Bill Item: NB #1 Attachment I COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Interlocal Agreement with Snohomish County for Law Enforcement Embedded Social Worker ATTACHMENTS: Draft Interlocal Agreement with Snohomish County for Law Enforcement Embedded Social Worker DEPARTMENT OF ORIGIN Administration; Paul Ellis – 360‐403‐4603 EXPENDITURES REQUESTED: $60,235.00 BUDGET CATEGORY: Police BUDGETED AMOUNT: $60,235.00 LEGAL REVIEW: DESCRIPTION: The City of Arlington and Snohomish County are embarking on a pilot project for a Law Enforcement Embedded Social Worker (LEESW). The goal of the LEESW program is to provide an alternative police response to those people with social service needs within and/or directly impacting the City of Arlington. The proposed interlocal agreement outlines the purpose, activities, and commitment of resources from each agency. The ILA is for two years, expiring December 31, 2019. HISTORY: This is a new program for the City of Arlington. ALTERNATIVES: Take no action RECOMMENDED MOTION: I move to approve the interlocal agreement with Snohomish County for a Law Enforcement Embedded Social Worker, and authorize the Mayor to sign the agreement. {JZL1545735.DOCX;2/13011.900000/ } INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT BEHAVIORAL HEALTH PROGRAM AND CITY OF ARLINGTON REGARDING LAW ENFORCEMENT EMBEDDED SOCIAL WORKER This INTERLOCAL AGREEMENT (the “ILA” or “Agreement”) is entered into between SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT BEHAVIORAL HEALTH PROGRAM, hereinafter “the County” and the CITY OF ARLINGTON, hereinafter “the City”, a municipal corporation, pursuant to Chapter 39.34 RCW. The County and the City (collectively, “the parties”) hereby agree as follows: I. PURPOSE A. The purpose of this Agreement is to set forth the duties between the County and the City of Arlington with regards to a pilot program that embeds a County social worker with the City of Arlington Police Department (APD), to be known as the Law Enforcement Embedded Social Worker (“LEESW”). The goal of the LEESW program is to provide an alternative police response to those people with social service needs within and/or directly impacting the City of Arlington. By sharing work space with a social service worker at APD, partnerships will be created between APD and the social service agencies in the region. The LEESW will provide assistance with police response to those in the community who are homeless and have needs related to mental illness, alcohol and drug addiction, veteran status, housing, medical, concerns and/or financial needs. B. Both parties agree to work collaboratively to comply with the intent of this Agreement. Activities will include, but not be limited to, the identification, assessment, and referral of homeless adults with behavioral and/or other health issues to available services in the community based on an individualized assessment of the needs of each such person. II. OBJECTIVE AND STRATEGIES The parties mutually acknowledge the following objectives and strategies with respect to this Agreement: {JZL1545735.DOCX;2/13011.900000/ } A. Establish better coordination and partnerships between social services providers and law enforcement. B. Improve response and provide better follow-up with the chronically homeless and frequent utilizers of social services and emergency services. C. Reduce the draw on law enforcement resources. D. Maintain data on how the LEESW position is affecting those with social service needs in the region. E. Engage, motivate and support individuals in accessing services and making positive life changes. Strategies used to achieve these objectives shall include without limitation: 1. Providing outreach, engagement and liaison support to those people that are encountered by law enforcement on a reoccurring basis. 2. Providing training to law enforcement on social service resources. 3. Developing a procedure for identifying and screening people with social service needs. 4. Developing a network of working relationships with: the Triage Center, voluntary teams, Snohomish County Jail, Detox provider, emergency housing providers and other social service providers. 5. Follow-up with identified individuals in an effort to bridge gaps between police contacts and social services. III. ADMINISTRATOR; NOTICE; POINTS OF CONTACT A. The APD Chief of Police shall serve as the Administrator of this Agreement. B. Official notices to each of the parties, respectively, shall be provided to the individual Points of Contact designated below: To the City: To the County: Jonathan Ventura Anji Jorstad Chief of Police Behavioral Health Supervisor Arlington Police Department Snohomish County Human Services {JZL1545735.DOCX;2/13011.900000/ } IV. REFERRAL PROCESS The parties will work collaboratively to establish a process for referral of individuals into the pilot program established under this Agreement. This includes without limitation eligibility assessments by County staff. Persons without a demonstrable behavioral health issue may be referred for alternative services according to individual need and service availability. V. GEOGRAPHICAL LOCATION In performing services under this Agreement, the LEESW will focus primarily within the jurisdiction of the City, but may also from time to time assist with outreach in areas that have an immediate nexus to and impact upon the City. VI. COMMITMENT OF RESOURCES A. The City agrees to commit the following resources to the pilot program established under this Agreement: 1. Approximately one half of the total cost of employing the embedded social worker—provided to Snohomish County Human Services as outlined in Article XIV of this Agreement. 2. Reasonable access to work stations within the City for the LEESW. 3. Subject to reasonable availability and City-determined prioritization, Law Enforcement dedicated resources to support the objectives of this pilot program—primarily through the APD’s Deputy Chief of Police and patrol division. 4. Utilization of crime analysis data, on an as-needed basis, for evaluation of crime trends associated with chronic utilizers of police services. 5. Training for the LEESW, as reasonably appropriate and available. B. The County agrees to commit the following resources to the pilot project established under this Agreement: 1. One full-time social worker (the LEESW) who will be embedded half-time (0.5 FTE) at the APD, and during the remaining half-time will be embedded with the Snohomish County Sheriff’s Office of Neighborhoods. 2. Sufficient funding to cover the program costs not funded by the City, as provided in Article XIV of this Agreement. 3. Supervision and training for the LEESW. {JZL1545735.DOCX;2/13011.900000/ } 4. Except as expressly provided in this Agreement, all necessary equipment, tools and materials for the LEESW to perform his/her duties, specifically including without limitation: i. Snohomish County Human Services identification. ii. Clothing that is necessary for outdoor working conditions, not to exceed $250 annually. iii. Vehicles and/or other transportation means necessary for the LEESW to perform his/her duties hereunder. iv. Other equipment determined necessary and mutually agreed upon by the parties. 5. The parties jointly agree to commit use of facilities, i.e., phones, furniture, copy machines, fax as reasonably available. Provided, that resource allocation shall be determined jointly on an ongoing basis with reasonable and good faith consideration afforded to the parties’ respective budgets and workload constraints. VII. SUPERVISION; EMPLOYMENT STATUS; INSURANCE. A. The Outreach Team’s designated team leader shall generally oversee the day- to-day operations of the pilot program which will include the LEESW as a member. However, team members, specifically including without limitation the LEESW, will remain formally under the supervision of their respective agencies and their supervisors in their respective agencies. B. The parties will communicate regularly to review operations and discuss any needed project adjustments. C. Each team member shall be responsible for complying with their respective agency's policies and procedures. D. Neither the LEESW nor the APD police officers are agents of the other party, respectively, nor shall act as the agent of the other. E. The LEESW shall be and remain a County employee at all times relevant to this Agreement. Without limitation of the foregoing, no employment relationship shall be created under this Agreement between the City and the LEESW and/or any other employee of the County, or between the County and any employee of the City. The City shall not be liable for, nor obligated to pay to the County, or any employee of the County, specifically including without limitation the LEESW, {JZL1545735.DOCX;2/13011.900000/ } compensation, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LEESW which may arise as an incident of the LEESW performing services hereunder. Without limitation of the foregoing, the City shall not be obligated to pay industrial insurance for the services rendered by the LEESW. F. The County shall procure and maintain at all times relevant to this Agreement liability insurance coverage for the LEESW and any vehicle used by the LEESW in performing services under this Agreement in the same manner and in the same coverage amounts as provided for other County employees. VIII. STANDARD OPERATING PROCEDURES The following operating procedures may be supplemented in writing or by practice. The following is not intended to be an exclusive or exhaustive set of policies and procedures. A. Hours of Operation: Hours of operation for the LEESW will be determined and agreed upon by the parties. B. Information Sharing: To the extent allowed by law, the LEESW shall share information about his/her activities under this Agreement with the APD. The LEESW shall upon the City’s request participate in administrative hearings, including without limitation hearings concerning officer discipline, related to activities the LEESW may witness in performing his/her duties under this Agreement. The LEESW shall assist APD officers upon the City’s request by providing written statements, and will testify in court proceedings as required. APD officers shall reasonably cooperate with the LEESW by providing incident reports, statements, and offender photos as allowed by law. Any release of records or other information shall comply with APD and Snohomish County Human Services policies related to confidentiality, as well as applicable state and federal law. C. Community Contact: The LEESW shall engage and communicate with the Arlington community, including without limitation providing outreach, presentations to community groups and training. IX. OUTREACH, ENGAGEMENT AND LIAISON ACTIVITIES It is anticipated by the parties that persons contacted through the pilot project established under this Agreement are likely to fall into one of the three following groups, each requiring different outreach, engagement and liaison approaches: A. Social contacts made with those persons in need of social services. {JZL1545735.DOCX;2/13011.900000/ } Action: The LEESW will attempt to provide the appropriate referral based on the needs of the contact. The LEESW will follow-up, as necessary to see if the contact has utilized the resources provided. Data will be maintained on these contacts. B. Arrested individuals referred to the LEESW in lieu of booking. Action: When APD officers arrest, but choose not to book an individual who is in need of social service needs, they may work with the LEESW to provide the arrestee with an alternative to the arrest. The LEESW will then attempt to provide the appropriate referral based on the needs of the arrestee. The LEESW will then follow-up, as necessary, to determine if the arrestee has in fact utilized the resources provided. Data will be maintained on these contacts. C. Arrested individuals booked into jail. Action: When APD officers arrest and book an individual with social service needs, they may refer the LEESW to them. As necessary, the LEESW will work with the prosecutor and/or jail transitional services to help determine conditions of sentencing and/or release that will motivate arrestees to seek the treatment they need. Data will be maintained on these contacts. X. ROLES AND RESPONSIBILITIES DURING CONTACT A. The LEESW will be making contact with people in need of social services both in the field and at their assigned duty station or business office. The LEESW will conduct outreach as deemed necessary and interact with people with varying degrees of mental health problems, addiction issues, housing needs and other service needs. B. If the person contacted by the LEESW also has wants and/or warrants, the decision on whether to book the person or get them into social services will be made after a discussion with the Outreach Team’s designated team leader or his/her designee. Absent bookings that are mandated by state law, the booking of the person will be discretionary and based upon the APD’s discretionary judgment as to what approach will be in the best interest of the person and the community. C. The LEESW is not expected to conduct criminal interviews and is not acting as an agent of the APD during outreach in the community. However, if the LEESW is subpoenaed as a result of his/her coordinated effort with APD, the LEESW shall appear and testify as directed. XI. STATISTICS AND EVALUATION {JZL1545735.DOCX;2/13011.900000/ } A. The LEESW pilot program established under this Agreement will be funded through December 31, 2019 and then evaluated by the parties for efficiency and impact. This pilot project may be extended at the mutual discretion of the parties as a result of such evaluation, or may be discontinued if it is shown to have minimal impact on motivating individuals with social service needs or police response to chronic utilizers of services. B. The LEESW will maintain a log and record statistics on his/her work with APD which can be evaluated on a regular basis. Those statistics may be used to map any trends in the target demographic. The results of the evaluation will be forwarded to each party for review. C. Measures for the above-referenced evaluation may include, without limitation, the following: 1. Number of contacts: Include date, time, name, date of birth, contact address, home address (if applicable), stop reason, want/warrant status 2. APD charge/case number (if applicable) 3. Amount of hours the LEESW spent on outreach 4. OT or regular duty 5. Name of officers involved in outreach 6. Name of any social service groups involved in outreach 7. Result of contact: i.e., referral, placement, refusal, etc. 8. Underlying issue: mental health, substance abuse, financial issues, etc. 9. Training conducted 10. Meetings attended 11. Other relevant measurements XII. INDEMNIFICATION & HOLD HARMLESS Each party shall protect, save harmless, indemnify and defend the other party, its elected officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or employees against which it would otherwise be immune under Title 51 RCW or {JZL1545735.DOCX;2/13011.900000/ } other law, arising out of any act or omission of the first party in performance of this Agreement by itself, its elected or appointed officials, officers, employees or agents, except to the extent such loss or claim is attributable to the negligence or willful misconduct of the second party, its elected officials, officers, employees or agents. To the extent that a loss or claim hereunder arises out of the joint or concurrent negligence of both parties, the parties’ respective liabilities shall be as provided by the laws of the State of Washington. Each party’s waiver of immunity under Title 51 RCW above, made solely for the purposes of this indemnification, has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. TERM; TERMINATION This Agreement shall be effective upon mutual execution by the parties and shall continue in effect until December 31, 2019 unless terminated as provided herein or mutually extended by written agreement of the parties. Either party may terminate this Agreement with or without cause by providing the other party with at least thirty (30) days written notice. Termination of the Agreement will not result in a refund of payments previously remitted for that calendar year. {JZL1545735.DOCX;2/13011.900000/ } XIV. DIVISION OF LEESW PROGRAM COSTS Costs for LEESW (1 FTE) Salary* $ 59,536.56 *Based on a full-time Mental Health Community Support Specialist entry-level employee in the “MHCSS” category. Benefits** $ 26,791.45 Total $ 86,328.01 **Benefits estimated at 45% of salary, and may vary slightly depending on the number of dependents, type of health and dental plans that are chosen, etc. The parties mutually acknowledge that this estimate is consistent with employees in similar positions. Supplies*** $ 1000.00 ***Employee clothing, safety equipment, general supplies, etc. Indirect/FTE ^ $ 16,374.82 ^Based on 2017 fixed costs in the LEESW program category at Human Services and prorated reimbursables. Also known as “burden” or billable costs, this indirect cost estimate is based on the number of FTE’s in the Behavioral Health Program. Total Cost/FTE $ 103,702.83       A. The City will contribute roughly one half ($50,000 per year) of the total cost of the LEESW. The remaining cost will be the exclusive responsibility of the County. B. The City shall remit payment of the above-amount to the County in equal quarterly installments when invoiced by the County. C. Pursuant to RCW 43.09.210, the parties mutually acknowledge that the services provided under this Agreement are being compensated at their full and true value. {JZL1545735.DOCX;2/13011.900000/ } XV. MISCELLANEOUS A. Public Records Act. This Agreement and all public records associated with the Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County’s sole obligations shall be to notify the City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from disclosure under the Act. The County shall not be liable to the City for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. B. Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. C. No Third Party Beneficiaries The provisions of this Agreement are for the exclusive benefit of the County and the City. This Agreement shall not be deemed to have conferred any rights, express or implied, upon any third parties. D. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. The substantially prevailing party in such action shall be entitled to an award of its reasonable attorneys’ fees. {JZL1545735.DOCX;2/13011.900000/ } E. Severability Should any clause, phrase, sentence or paragraph of this agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. F. Authority. Each signatory to this Agreement represents that he or she has full and sufficient authority to execute this Agreement on behalf of the County or the City, as the case may be, and that upon execution of this Agreement it shall constitute a binding obligation of the County or the City, as the case may be. G. Survival. Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. H. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. I. Amendments. No changes or additions shall be made to this Agreement except as agreed to by both parties, reduced to writing and executed with the same formalities as are required for the execution of this Agreement. J. Filing; Posting. Pursuant to RCW 39.34.040, a fully executed copy of this Agreement shall be filed with the office of the Snohomish County Auditor or posted by subject on a party’s website. SIGNED: Barbara Tolbert, Mayor City of Arlington Date Mary Jane Brell Vujovic, Director Snohomish County Human Services Department Date {JZL1545735.DOCX;2/13011.900000/ } City of Arlington Council Agenda Bill Item: NB #2 Attachment J COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Updates to AMC Chapter 20.36 (Zoning Districts and Zoning Map) ATTACHMENTS: AMC Chapter 20.36, Planning Commission Findings of Fact, and ordinance DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes – 360‐403‐3457 EXPENDITURES REQUESTED: ‐0‐ BUDGET CATEGORY: ‐0‐ BUDGETED AMOUNT: ‐0‐ LEGAL REVIEW: DESCRIPTION: Language change to the Mixed Use Overlay District (20.36.090), removal of the TDR Overlay Zone (20.36.080), removal of the Residential Low/Moderate Density (20.36.010) designation, removal of Part III (20.36.200) in its’ entirety, including Table 20.36‐1. HISTORY: Amendments were made to the City’s 2015 Comprehensive Plan during the 2017 update. These amendments were approved by City Council on September 18, 2017. These proposed changes are required to remain in concurrence with the City’s Comprehensive Plan. ALTERNATIVES: None RECOMMENDED MOTION: I move to approve the proposed changes to AMC Chapter 20.36 as presented. Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 1 December 2016 December 2017 Chapter 20.36 ZONING DISTRICTS AND ZONING MAP Sections: Part I. Zoning Districts 20.36.010 Residential Districts Established. 20.36.020 Commercial Districts Established. 20.36.030 Manufacturing Districts Established. 20.36.034 Aviation Flightline District Established. 20.36.036 Medical Services District Established. 20.36.040 Public/Semi-Public District Established. 20.36.054 Master Planned Neighborhood Overlay District Established 20.36.060 Floodplain and Floodway Districts Established. 20.36.070 Shoreline Management District Established. 20.36.080 TDR Overlay Zone Established. 20.36.09080 Horizontal Mixed Use Overlay District Established. Part II. Zoning Map 20.36.100 Official Zoning Map. 20.36.110 Amendments to Official Zoning Map. Part III. Compatibility of Zoning Districts with Land Use Plan 20.36.200 Compatibility of Zoning Districts with Land Use Plan Defined. Part I. Zoning Districts 20.36.010 Residential Districts Established. (a) (a) The following residential districts are hereby established: Suburban Reside ntial (SR), Residential Low/Moderate Density (R-LMD), Residential Moderate Density (R-MD), Residential High Density (R-HD), and Old Town Residential (OTR). Each of these districts is designed and intended to secure for the persons who reside there a comfortable, he althy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section. (b) The Residential Low/Moderate Density district (R-LMD) is designed primarily to accommodate detached single-family residential development and recreational, quasi- public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. (c) (b) The Residential Moderate Density (R-MD) district is designed primarily to accommodate detached or attached single-family residential uses at medium densities and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. (d) (c) Residential High Density (R-HD) district is designed primarily to accommodate higher density multi-family developments and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 2 December 2016 December 2017 (e) (d) The Old Town (OT) district is designed primarily to single-family residential development while preserving the historic quality of the traditional town center. Further, this zone is intended to promote residential development that is in character with the older, existing homes in the area. (f) (e) The Suburban Residential (SR) district is designed primarily to accommodate detached single-family residential development and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. 20.36.020 Commercial Districts Established. (a) The following commercial districts are hereby established: Neighborhood Commercial (NC), Old Town Business District (CBD), General Commercial (GC), Highway Commercial (HC), and Business Park (BP). These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. (b) The Neighborhood Commercial (NC) zone is designed to accommodate commercial activities that would meet the daily convenience needs of people residing or working in the environs. (c) The Old Town Business District (CBD) zone is designed to accommodate a mix of a wide variety of commercial activities and high density residential uses in a pedestrian-oriented environment. (d) The General Commercial (GC) zone is designed to accommodate commercial uses generally similar, though more intensive, to the types permissible in an Old Town Business District. However, it is intended that this zone be placed along arterials to cater to commuters or as a transition in some areas between a Highway Commercial zone and a residential zone. (e) The Highway Commercial (HC) zone is designed to accommodate the widest range of commercial activities. Uses allowed here include those allowed in other commercial districts, but also those that require highway access or that should be separated from residential uses. (f) The Business Park (BP) zone is designed to promote and accommodate office, high technology research and development, and related uses in a park-like, master-planned setting. 20.36.030 Manufacturing Districts Established. The General Industrial (GI) and Light Industrial (LI) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The performance standards set forth in Part I of Chapter 20.44 place limitations on the characteristics of uses located in these districts. The Light Industrial district is distinguished from the General Industrial district in that the Light I ndustrial district is intended to be a cleaner, more business park-like area, whereas the General Industrial district allows more resource-based manufacturing has a greater tolerance of the nuisances that typically accompany such manufacturing. Furthermore, the limitations in the Light Industrial district are more restrictive than those in the General Industrial district. Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 3 December 2016 December 2017 20.36.034 Aviation Flightline District Established. The Aviation Flightline District (AF) zone is hereby established. This district is created to allow only aviation related uses proximate to airport runways and taxiways. Aviation related uses include any uses related to supporting aviation that require direct taxiway access as a necessary part of their business operations, such as aviation services, manufacturing of aviation-related goods, general services whose primary customers would be those engaged in aviation-related activities (e.g., restaurants primarily catering to pilots, employees, or passengers), or other uses that are clearly related to aviation. 20.36.036 Medical Services District Established. The Medical Services District (MS) zone is hereby established. This district is created to allow hospitals and related medical services uses that have developed around the Cascade Valley Hospital in an otherwise residential neighborhood. Medical services include hospitals, doctors’ offices, birthing centers, and other related uses, but not including manufacturing of medical equipment. 20.36.040 Public/Semi-Public District Established. A Public/Semi-Public (P/SP) district is hereby established to accommodate public and semi- public uses, such as schools, government services and facilities, public utilities, community facilities, parks, etc. on publicly owned land. 20.36.054 Master Planned Neighborhood Overlay District Established. The Master Planned Neighborhood (MPN) district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the requirements of §20.44.032 (Master Planned Neighborhood Developments) of this Title. Thereafter, this overlay district shall be removed from the property for which the master plan is approved by the City Council. 20.36.060 Floodplain and Floodway Districts Established. The Floodplain and Floodway districts are hereby established as “overlay” districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the restrictions found in Chapter 20.64 (Floodplain Development Regulations) of this Title. 20.36.070 Shoreline Management District Established. The Shoreline Management district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district and a Shoreline Development Permit has been granted, if necessary, pursuant to Chapter 20.92 (Shoreline Management) of this Title. 20.36.080 TDR Overlay Zone Established. A transfer of development rights (TDR) zone is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbe red may be used in a manner permitted in the underlying district only if and to the extent that such use is also permitted in the applicable overlay district and a TDR certif icate has been issued by Snohomish County as provided by Chapter 20.37, Transfer of Development Rights. (Ord 1381, 4/17/06) Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 4 December 2016 December 2017 20.36.09080 Horizontal Mixed Use Overlay District Established. The Horizontal Mixed Use Overlay District is hereby established as an “overlay” district, meaning that the underlying zoning applicable within each commercial zone remains as the primary or principle zoning designation. The overlay allows for a mix of diversified, high-density residential development to co-exist within a proportionate share of the commercially zoned areas of Highway Commercial (HC), General Commercial (GC), and Neighborhood Commercial (NC) zones where typical retail and other support services would be located, thus creating a walkable neighborhood an Urban Village concept. The Mixed Use Overlay will also be applied to the Residential Moderate Density (RMD) and Residential High Density (RHD) zones along the Smokey Point Boulevard corridor. The Overlay will provide for the efficient use of property by requiring the mixed use of properties in a manner that allows for residential development to co -exist with commercial, retail and specific light manufacturing uses. This promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency. This will allow for both commercial and high-density residential development along the street frontage. The performance standards/design guidelines set forth in Part 1 of Chapter 20.44 110 place limitations on the characteristics of uses located in these districts. (Ord 2016-022, 12/5/16) Part II. Zoning Map 20.36.100 Official Zoning Map. (a) There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the city’s planning jurisdiction. This map shall either be drawn on acetate or other durable material from which prints can be made, or kept in electronic format, or both. It shall be dated, and shall be kept in the planning department. (b) The Official Zoning Map of the City shall be maintained in the City Clerk’s office. Amendments to this map shall be made and posted in accordance with Chapter 20.96 (Amendments). (Ord. 1389, 3/27/06) (c) Should the Official Zoning Map be lost, destroyed, or damaged, the Community Development Director may have a new map drawn on acetate or other durable material from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process. 20.36.110 Amendments to Official Zoning Map. (a) Amendments to the Official Zoning Map are accomplished using the same procedures that apply to other amendments to this Title, as set forth in Chapter 20.96 (Amendments). (b) The Community Development Director shall update the Official Zoning Map as soon as possible after the council adopts amendments to it. Upon entering any such amendment on the map, the Community Development Director shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. (c) No unauthorized person may alter or modify the Official Zoning Map. (d) The planning division shall keep copies of superseded prints of the zoning map for historical reference. Part III. Compatibility of Zoning Districts with Land Use Plan 20.36.200 Compatibility of Zoning Districts with Land Use Plan Defined. Table 20.36-1, below, defines which zoning districts are compatible with which land use designations of the Land Use Plan of the Comprehensive Plan. Only those zones defined as compatible with a given land use designation may be applied to that land use designation when Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map City of Arlington 20.36 - 5 December 2016 December 2017 a rezone is considered. City of Arlington 20.36 - 5 December 2016 December 2017 Title 20--Land Use Code Chapter 20.36: Zoning Districts & Map Table 20.36-1: Land Use Designation/Zone Compatibility Matrix Zone Land Use Designation (from the Comp Plan Land Use Plan)* Ma s t e r Pl a n n e d Ne i g h b o r h o o d Su b u r b a n Re s i d e n t ial Re s i d e n t i a l Lo w / M o d e r a t e De n s i ty Re s i d e n t i a l Mo d e r a t e De n s i ty Re s i d e n t i a l Hi g h De n s i ty Ol d To w n Re s i d e n t ial Ne i g h b o r h o o d Co m m e r c i a l OT B D -1 OTB D-2 OT B D -3 Ge n e r a l Co m m e r c i a l Hi g h w a y Co m m e rci a l Bu s i n e s s Pa r k Li g h t Ind u s t ria l Ge n e r a l In d u s t ria l Av i a t i o n Fl i g h t lin e Me d i c a l Se r v i c e s Pu b l i c / S e m i -Pu b l i c Suburban Residential X X Residential-Low/Moderate Density X X X X Residential Moderate Density X X Residential High Density X X Old Town Residential X X Neighborhood Commercial X X Old Town Business District 1 X Old Town Business District 2 X Old Town Business District 3 X General Commercial X Highway Commercial X X Business Park X X Light Industrial X X General Industrial X Aviation Flightline X X Medical Services X X X Public/Semi-Public X X X X X X X X X X X X X X X X Floodplain and Floodway District X X X X X X X X X X X X X X X X X X Shoreline Management District X X X X X X X X X X X X X X X X X X Planned Neighborhood Development District X X X X X X X X X X X X X X X X Master Planned Neighborhood District X X X X X X Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 1 of 2 July x, PLN201200 Bruce Angell, Chair 238 N. Olympic Avenue 360-403-3551 Regarding: Updates to Arlington Municipal Code Chapter 20.36 (Zoning Districts and Zoning Map), specifically; 1. Clarification of language contained in AMC Section 20.36.090 (Mixed Use Overlay District); 2. Removal of AMC Section 20.36.080 (TDR Overlay Zone); 3. Removal of AMC Section 20.36.010 (Residential Low/Moderate Density); and 4. Removal of AMC Chapter 20.36, Part III, including 20.36.200 (Compatibility of Zoning Districts with Land Use Plan) and Table 20.36-1(Land Use Designation/Zone Compatibility Matrix). Summary: The Planning Commission held a Public Hearing on December 5, 2017 and transmits the following findings and recommendation to the City Council: Findings: As to item 1: In 2016, Council approved the creation of the Horizontal Mixed-Use Overlay District to include all commercial areas within the City limits. This Overlay District was established primarily as a means of meeting the City’s Comprehensive Plan twenty year population absorption requirement. As the development regulations for this Overlay District were being formulated, it became clear that some changes to the language contained in the original ordinance would be required to remain consistent with the intent of the Comprehensive Plan and the proposed Mixed Use Regulations. The proposed language modifications will bring Section 20.36.090 (Mixed use Overlay District) into compliance with the 2015 Comprehensive Plan as amended, and maintain consistency with the Mixed Use Development Regulations. As to item 2: Between 2013 and September of this year, there were two TDR programs affecting two different subareas within the City boundaries. The first, a pilot program with Snohomish county, was established in 2006 and terminated in September of this year. It affected only the Burn Hill (Brekhus/Beach) sub-area. The second, a regional TDR program operating under WAC 365-198 was created in 2013 as an overlay for the West Arlington sub-area. In Community & Economic Development PLANNING COMMISSION Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 2 of 2 September of 2017, the West Arlington sub-area was removed in favor of the proposed Mixed Use Development Standards, but the TDR overlay technically remained intact. This created an internal Comprehensive Plan conflict, as well as a conflict between the Comprehensive Plan and the Land Use Code. The removal of AMC 20.36.080 (TDR Overlay Zone) eliminates both conflicts. As to item 3: Two of Arlington’s existing residential zoning districts; Residential Low/Moderate Density, and Residential Moderate Density are virtually identical. They differ only in the placement of the primary residence within the lot boundaries. The building placement provision contained in the Residential Low/Moderate Density district, conflicts with the proposed Mixed use Development Regulations. Because, in all other significant respects, the two district definitions are the same, removal of AMC Section 20.36.010(b) (Residential Low/Moderate Density) will eliminate the conflict with Mixed use Regulations and simplify the Land Use Code. As to item 4: It Appears that inclusion in 2003 of AMC Chapter 20.36 Part III, Section 20.36.200 and its accompanying table, 20.36-1 was instituted as part of the local regulatory framework for enforcement of the still new Growth Management Act. Subsequent updates of the City’s Comprehensive Plan and Land Use Code have rendered this section unnecessary. Elimination of Section 20.36.200 and Table 20.36-1 will simplify the Land Use Code and avoid potential conflicts with the Comprehensive Plan and other sections of the Land Use Code. Conclusion and Recommendation: Based on the foregoing findings and testimony received at the hearing, the Planning Commission herby recommends on a unanimous vote that the City Council approve the proposed changes to AMC 20.36 (Zoning Districts and Zoning Map). There was one abstention on item 1. Respectfully submitted through the Department of Community and Economic Development to the City Council This Seventh day of December 2017 by; ____________________________________ Bruce Angell Arlington City Planning Commission Chair ORDINANCE NO. 2017-XXX 1 ORDINANCE NO. 2017--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO LAND USE AND ZONING AND MAKING AMENDMENTS TO CHAPTER 20.36 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington Planning Staff made amendments to the 2015 Comprehensive Plan during the 2017 update; and WHEREAS, the City of Arlington Planning Staff has reviewed the provisions of the Arlington Municipal Code Chapter 20.36 Zoning Districts and Zoning Map related to the Comprehensive Plan amendments; and WHEREAS, the Arlington Planning Commission met to consider the staff report regarding the proposed amendments to Chapter 20.36 at a workshop on November 7, 2017 and conducted a public hearing at a special Planning Commission meeting on December 4, 2017 ; and WHEREAS, the City Council was presented public comment, findings of fact and the Planning Commission recommendation of the proposed amendments on December 11, 2017 and on December 18, 2017 the City Council considered the entire record of the proposed amendments within this ordinance; and WHEREAS, following the same, the City Council deliberated on the proposed amendments and found that they were in the best interest of the City and its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DOES MAKE THE FOLLOWING FINDINGS: a. The City of Arlington’s existing development regulations comply with the requirements of Chapter 36.70A RCW. b. The City Council finds that the review and required revisions to Chapter 20.36; which include, language changes to Mixed Use Overlay District (20.36.090); the removal of the TDR Overlay Zone (20.36.080);the removal of the Residential Low/Moderate Density (20.36.010) designation; and Part III in its entirety, were required to remain in compliance with the City’s Comprehensive Plan. NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: ORDINANCE NO. 2017-XXX 2 Section 1. Changes to Chapter 20.36 Zoning Districts and Zoning Map to read as follows; Chapter 20.36   ZONING DISTRICTS AND ZONING MAP   Sections:     Part I. Zoning Districts 20.36.010 Residential Districts Established. 20.36.020 Commercial Districts Established. 20.36.030 Manufacturing Districts Established. 20.36.034 Aviation Flightline District Established. 20.36.036 Medical Services District Established. 20.36.040 Public/Semi-Public District Established. 20.36.054 Master Planned Neighborhood Overlay District Established 20.36.060 Floodplain and Floodway Districts Established. 20.36.070 Shoreline Management District Established. 20.36.080 Mixed Use Overlay District Established.   Part II. Zoning Map 20.36.100 Official Zoning Map. 20.36.110 Amendments to Official Zoning Map.         Part I. Zoning Districts   20.36.010 Residential Districts Established. (a) The following residential districts are hereby established: Suburban Residential (SR), Residential Moderate Density (R-MD), Residential High Density (R-HD), and Old Town Residential (OTR). Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section. (b) The Residential Moderate Density (R-MD) district is designed primarily to accommodate detached or attached single-family residential uses at medium densities and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots. (c) Residential High Density (R-HD) district is designed primarily to accommodate higher density multi-family developments and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities.   ORDINANCE NO. 2017-XXX 3 (d) The Old Town (OT) district is designed primarily to single-family residential development while preserving the historic quality of the traditional town center. Further, this zone is intended to promote residential development that is in character with the older, existing homes in the area. (e) The Suburban Residential (SR) district is designed primarily to accommodate detached single-family residential development and recreational, quasi-public, and public uses that customarily serve residential development in areas served by public sewer and water facilities. Some types of two-family residences are allowed in this district on larger lots.   20.36.020 Commercial Districts Established. (a) The following commercial districts are hereby established: Neighborhood Commercial (NC), Old Town Business District (CBD), General Commercial (GC), Highway Commercial (HC), and Business Park (BP). These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. (b) The Neighborhood Commercial (NC) zone is designed to accommodate commercial activities that would meet the daily convenience needs of people residing or working in the environs. (c) The Old Town Business District (CBD) zone is designed to accommodate a mix of a wide variety of commercial activities and high density residential uses in a pedestrian- oriented environment. (d) The General Commercial (GC) zone is designed to accommodate commercial uses generally similar, though more intensive, to the types permissible in an Old Town Business District. However, it is intended that this zone be placed along arterials to cater to commuters or as a transition in some areas between a Highway Commercial zone and a residential zone. (e) The Highway Commercial (HC) zone is designed to accommodate the widest range of commercial activities. Uses allowed here include those allowed in other commercial districts, but also those that require highway access or that should be separated from residential uses. (f) The Business Park (BP) zone is designed to promote and accommodate office, high technology research and development, and related uses in a park-like, master- planned setting.     20.36.030 Manufacturing Districts Established. The General Industrial (GI) and Light Industrial (LI) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The performance standards set forth in Part I of Chapter 20.44 place limitations on the characteristics of uses located in these districts. The Light Industrial district is distinguished from the General Industrial district in that the Light Industrial district is intended to be a cleaner, more business park-like area, whereas the General Industrial district allows more resource-based manufacturing has a greater tolerance of the nuisances that typically accompany such manufacturing. Furthermore, the limitations in the Light Industrial district are more restrictive than those in the General Industrial district.   20.36.034 Aviation Flightline District Established. The Aviation Flightline District (AF) zone is hereby established. This district is created to allow ORDINANCE NO. 2017-XXX 4 only aviation related uses proximate to airport runways and taxiways. Aviation related uses include any uses related to supporting aviation that require direct taxiway access as a necessary part of their business operations, such as aviation services, manufacturing of aviation-related goods, general services whose primary customers would be those engaged in aviation-related activities (e.g., restaurants primarily catering to pilots, employees, or passengers), or other uses that are clearly related to aviation.   20.36.036 Medical Services District Established. The Medical Services District (MS) zone is hereby established. This district is created to allow hospitals and related medical services uses that have developed around the Cascade Valley Hospital in an otherwise residential neighborhood. Medical services include hospitals, doctors’ offices, birthing centers, and other related uses, but not including manufacturing of medical equipment.   20.36.040 Public/Semi-Public District Established. A Public/Semi-Public (P/SP) district is hereby established to accommodate public and semi- public uses, such as schools, government services and facilities, public utilities, community facilities, parks, etc. on publicly owned land.   20.36.054 Master Planned Neighborhood Overlay District Established. The Master Planned Neighborhood (MPN) district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the requirements of §20.44.032 (Master Planned Neighborhood Developments) of this Title. Thereafter, this overlay district shall be removed from the property for which the master plan is approved by the City Council.   20.36.060 Floodplain and Floodway Districts Established. The Floodplain and Floodway districts are hereby established as “overlay” districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is complies with the restrictions found in Chapter 20.64 (Floodplain Development Regulations) of this Title.   20.36.070 Shoreline Management District Established. The Shoreline Management district is hereby established as an “overlay” district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district and a Shoreline Development Permit has been granted, if necessary, pursuant to Chapter 20.92 (Shoreline Management) of this Title. 20.36.080 Mixed Use Overlay District Established. The Mixed Use Overlay District is hereby established as an “overlay” district, meaning that the underlying zoning applicable within each commercial zone remains as the primary or principle ORDINANCE NO. 2017-XXX 5 zoning designation. The overlay allows for a mix of diversified residential development to co- exist within a proportionate share of the commercially zoned areas of Highway Commercial (HC), General Commercial (GC), and Neighborhood Commercial (NC) zones where typical retail and other support services would be located, thus creating a walkable neighborhood concept. The Mixed Use Overlay will also be applied to the Residential Moderate Density (RMD) and Residential High Density (RHD) zones along the Smokey Point Boulevard corridor. The Overlay will provide for the efficient use of property by requiring the mixed use of properties in a manner that allows for residential development to co-exist with commercial, retail and specific light manufacturing uses. This promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency. The performance standards/design guidelines set forth in Chapter 20.110 place limitations on the characteristics of uses located in these districts. (Ord 2016-022, 12/5/16)           Part II. Zoning Map   20.36.100 Official Zoning Map. (a) There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the city’s planning jurisdiction. This map shall either be drawn on acetate or other durable material from which prints can be made, or kept in electronic format, or both. It shall be dated, and shall be kept in the planning department. (b) The Official Zoning Map of the City shall be maintained in the City Clerk’s office. Amendments to this map shall be made and posted in accordance with Chapter 20.96 (Amendments). (Ord. 1389, 3/27/06) (c) Should the Official Zoning Map be lost, destroyed, or damaged, the Community Development Director may have a new map drawn on acetate or other durable material from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process.   20.36.110 Amendments to Official Zoning Map. (a) Amendments to the Official Zoning Map are accomplished using the same procedures that apply to other amendments to this Title, as set forth in Chapter 20.96 (Amendments). (b) The Community Development Director shall update the Official Zoning Map as soon as possible after the council adopts amendments to it. Upon entering any such amendment on the map, the Community Development Director shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. (c) No unauthorized person may alter or modify the Official Zoning Map. (d) The planning division shall keep copies of superseded prints of the zoning map for historical reference. Section 2. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106 a copy of this Ordinance shall be transmitted to the Washington Department of Commerce as required by law. Section 3. Severability. If any provision, section, or part of this ordinance shall be ORDINANCE NO. 2017-XXX 6 adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of December, 2017. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #3 Attachment K COUNCIL MEETING DATE: December 18, 2017 SUBJECT: Adoption of the Mixed Use Development Regulations/Form Based Code ATTACHMENTS: Planning Commission Findings of Facts, Ordinance adopting a new chapter to the Arlington Municipal Code; Chapter 20.110 (Mixed Use Development Regulations), Attachment “A”, DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes – 360‐403‐3457 EXPENDITURES REQUESTED: ‐0‐ BUDGET CATEGORY: ‐0‐ BUDGETED AMOUNT: ‐0‐ LEGAL REVIEW: DESCRIPTION: The Mixed Use Development Regulations are a regulatory plan that utilizes Form Based Code as its organizing principle. This use of “physical form” and not the “land use” provides for a predictable outcome as development occurs. This “form based” approach promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency. The regulations are to be utilized in the Mixed Use Overlay Districts, (Neighborhood Commercial, Highway Commercial, General Commercial) and the Residential Moderate Density and Residential High Density zones along Smokey Point Boulevard from 174th PL NE to approximately 194th PL NE. HISTORY: This regulatory plan is the final element in implementing the City’s Mixed Use Development strategy that provides for compliance with the GMA and concurrence with the goals and policies, as outlined in the City’s Comprehensive Plan. This plan allows for the responsible, efficient utilization of property in the creation of new neighborhoods which allow for the coexistence of residential, retail, commercial, professional and light manufacturing uses within an identified “place type”. ALTERNATIVES: Approve or remand back to staff for additional information. RECOMMENDED MOTION: I move to approve the ordinance adopting a new AMC Chapter 20.110 ‐ Mixed Use Development Regulations. Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 1 of 2 July x, PLN201200 Bruce Angell, Chair 238 N. Olympic Avenue 360-403-3551 Regarding: The addition of AMC Chapter 20.110 (Mixed use Development Regulations) in order to establish Land Use regulations under the Mixed Use Overlay District. The Mixed Use Development Regulations will implement the use of Form Based Code. Summary: The Planning Commission held a Public Hearing regarding this matter on December 5, 2017 and transmits the following findings and recommendation to the City Council: Findings: 1. In early 2016, Planning Commission and City Staff began discussion of the use of mixed use overlays as a method of addressing the issue of population absorption. In March, the Commission and Staff formed a stakeholder focus group to begin exploring methods and outcomes for the regulatory framework of the proposed Mixed Use Overlay. The focus group was structured to provide input for Planning Commission, Staff, and Council considerations. 2. In December of 2016, Council approved the creation of a Horizontal Mixed Use Overlay district. This District included all commercially zoned property within the City; Neighborhood Commercial, Highway Commercial, and General Commercial. 3. It was the intent of Council at that time that the creation of the Horizontal Mixed Use Overlay would be the first phase of revisions to the Comprehensive Plan and Land Use Code leading to compliance with State and County mandated population absorption requirements. 4. The first draft of the Mixed Use Development regulations was ready for public comment in May of 2017. 5. The Mixed use focus group worked with staff and the Planning Commission to develop a public participation plan as outreach programs were formulated. 6. In June and July of 2017, six outreach events were advertised and conducted; three each month at various locations to provide public input to the development of Mixed Use regulations. 7. Input from the Public, Planning Commission, Focus Group and staff drove the contents of the final draft of the Mixed Use Development Regulations. Community & Economic Development PLANNING COMMISSION Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 2 of 2 8. These Mixed Use Development Regulations will allow for the City to accommodate the 2035 population estimates through more efficient land use and a predictable build form. They represent the second phase of Comprehensive Plan and Land Use Code compliance envisioned by Council with the creation of the Horizontal Mixed Use Overlay in 2016. Conclusion and Recommendation: Based on the foregoing findings and testimony received at the hearing, the Planning Commission herby recommends on a unanimous vote that the City Council approve the proposed addition of AMC 20.110 (Mixed Use Development Regulations). In addition, the Planning commission recommends that the Regulations be revisited in six months to make minor, experience based adjustments. Respectfully submitted through the Department of Community and Economic Development to the City Council This Seventh day of December 2017 by; ____________________________________ Bruce Angell Arlington City Planning Commission Chair ORDINANCE NO. 2017-XXX 1 ORDINANCE NO. 2017--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO LAND USE AND ZONING AND CREATING A NEW CHAPTER 20.110 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, this is a non-project proposal adding a new chapter to the Arlington Municipal Code (AMC) to provide for the use of Mixed Use Development Regulations (MXD) in all new development that occurs within the designated overlay areas; and WHEREAS, by adoption of Ordinance No. 2016-022, the City established a Horizontal Mixed Use Overlay District to be applied upon all commercially zoned areas within the city; and WHEREAS, the MXD Overlay District will also be applied to the RMD and RHD residential zones along Smokey Point Boulevard from 174th PL NE to approximately 194th PL NE; and WHEREAS, the establishment of the overlay districts was twofold, the first being to accommodate population absorption as required by the Growth Management Act in a planned manner. The second was to provide for the efficient use of property by requiring the mixed use of properties in a manner that allows for residential development to co-exist with commercial, retail and specific light manufacturing uses. This promotes the creation of attractive, sustainable neighborhoods which enable walkability and less automobile dependency; and WHEREAS, development typically occurs organically over long periods of time, hence the need for development regulations to ensure that the outcomes are predictable; and WHEREAS, Form Based Code (FBC) requires that “physical form” and not “land use” be the organizing principle as development occurs, thus allowing compatible uses to establish and function within the neighborhoods; and WHEREAS, the City of Arlington Planning Staff and Planning Commission have created Mixed Use Development Regulations (MXD Regulations) utilizing Form Based Code (FBC) as its organizing principle; and WHEREAS, the Development Regulations include a Regulating Plan (map) for each of the place types, and within each place type there are transect designations which regulate the form, type, dimension, height and orientation of the buildings being placed there; and WHEREAS, the MXD Regulations and Regulating Plans will ensure that there is uniformity of both current and future development through the use of Building Form Standards, Regulating Plans, Frontage Type Standards, Block, Street and Right of Way Standards, Civic/Open Space Standards, Parking Space Standards and Architectural and Building Type Standards; and ORDINANCE NO. 2017-XXX 2 WHEREAS, the Regulating Plan also identifies proposed roadways, alleyways, civic and open spaces; and WHEREAS, the MXD Regulations create “Place Types” and these place types will establish new neighborhoods which promote walkability, livability and the creation of a public realm which replicates the function and form of traditional neighborhoods; and WHEREAS, the Department of Community and Economic Development held six public outreach meetings to both inform the public regarding MXD Regulations and Form Based Code, and seek public input. These meetings were held in three separate locations and occurred on May 9, 23 and 24, 2017 and July 11, 25 and 26, 2017; and WHEREAS, the City of Arlington Planning Staff has reviewed the provisions of the MXD Regulations; and WHEREAS, the Arlington Planning Commission met to consider the staff report regarding the proposed amendment to the Arlington Municipal Code creating a new Chapter 20.110 at a workshop on November 7, 2017 and conducted a public hearing at the regular Planning Commission meeting on December 4 , 2017 ; and WHEREAS, the City Council was presented public comment, findings of fact and the Planning Commission recommendation of the proposed amendment on December 11, 2017 and on December 18, 2017 the City Council considered the entire record of the proposed amendments within this ordinance; and WHEREAS, following the same, the City Council deliberated on the proposed amendment and found that it promoted the health, safety and general welfare of the community and were in the best interest of the City and its citizens; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DOES MAKE THE FOLLOWING FINDINGS: 1. Findings. The Arlington City Council finds that: a. The Mixed Use Development Regulations complies with and implements the following City of Arlington Comprehensive Plan, Goals and Policies: Overall Goals and Policies Goals: GO-1 Ensure City Goals and Policies are consistent with the Growth Management Act. ORDINANCE NO. 2017-XXX 3 GO-2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practices techniques. GO-3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GO-6 Preserve and promote Arlington’s “small town” character Policies: PO-6.1 Site design and building architecture in residential and commercial development should be human-scaled (i.e. pedestrian friendly) and conducive to social interaction. PO-6.2 Residential plats (subdivisions) should be designed to encourage pedestrian activity through incorporation of amenities such as, but not limited to, sidewalks on both sides of the street, street furniture, street trees, and pedestrian paths connecting the plat to adjacent residential, commercial, educational, or recreational facilities. PO-6.4 Land -use developments should be conducive to social interaction. PO-6.5 Both publicly and privately owned civic spaces should be included in both commercial and residential neighborhoods to ensure adequate gathering places for residents. PO-6.6 Design Guidelines/Standards should be established, maintained, and enforced, in order to ensure that all new development both within the Private and Public Realms are in harmony with the desired character of each respective neighborhood subarea. PO-6.7 All land use decisions and other relevant City decisions will be reviewed against these goals and policies – including Countywide Planning Policies and Multi-County Planning Policies – to ensure internal and external consistency. Housing Goals and Policies Goals: GH-1 Diversify the City's housing stock Policies: PH-1.1 A variety of housing types and densities should be encouraged on lands with a residential land-use designation. PH-1.2 Detached Accessory Dwelling Units should be permissible in residential zones. ORDINANCE NO. 2017-XXX 4 PH-1.4 Adequate housing opportunities for residents with special housing needs should be provided within the City. PH-1.5 Different classes of group homes should be permissible in residential neighborhoods. PH-1.6 Pre-zoning designations within the City's unincorporated Urban Growth Area greater than fifty acres and slated for residential development should provide for a mix of housing: types and densities. Goals: GH-2 Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. Policies: PH-2.1 Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. PH-2.2 Cottage Housing should be incentivized in moderate and high density residential areas within the City. PH-2.3 Utilize Mixed –Use mechanisms to incentivize housing within close proximity to commercial uses. Goals: GH-3 Ensure stable residential neighborhoods through public investment in infrastructure and by preserving existing housing stock. Policies: PH-3.1 Funds should be adequately budgeted for periodic maintenance of existing infrastructure in residential neighborhoods throughout the City. PH-3.2 A long-term plan should be developed for bringing neighborhoods that lack adequate infrastructure up to the City's current streetscape standards. Goals: GH-4 Encourage the development of special needs housing within the City. Policies: ORDINANCE NO. 2017-XXX 5 PH-4.1 The City should support the development of housing for the elderly, handicapped, and other special needs populations through the allowance of mixed-use housing, group housing, and other housing types. PH-4.2 Senior housing should be located in close proximity to hospitals, public transportation routes, retail/service centers, and parks. Goals: GH-5 Ensure quality housing stock within the City. Policies: PH-5.1 The City should develop and maintain Development Design Guidelines/Standards that address aesthetic and environmental design issues for single-family and multi-family residential development PH-5.3 The City should promote the conservation of housing through investment in the infrastructure serving residential areas (storm drainage, street paving, and recreation). Goals: GH-6 Establish and maintain a streamlined permitting processing to help create predictability for customers. Policies: PH-6.1 The City should maintain streamlined permit processing procedures, centralized counter services, pre-application conferences, printed information summarizing permit approval requirements, standards and specifications, area-wide environmental assessments, concurrent permit and approval processing, permit and approval deadlines, and single hearings. Goals: GH-8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City. Policies: PH-8.1 The City should work to ensure that housing options for low and moderate income households are: a) Dispersed throughout the City to discourage a disproportionate concentration of such housing in any one geographical area of the City. b) Are located near amenities such as commercial and employment areas, ORDINANCE NO. 2017-XXX 6 transportation facilities, and recreational opportunities. c) Are inclusive of a variety of housing types. PH-8.2 The City should continue to support and participate in regional housing cooperatives such as Snohomish County’s Affordable Housing and other regional organizations that promote affordable housing. PH-8.3 The City should support and encourage private developers and organizations who seek to provide below-market housing units by utilizing various tools such as a) Allowing alternative development types (e.g. ADU’s, Clusters, Cottage Housing, Small Lots, Zero Lot Lines, Bungalow Courts) b) Implementing regulatory tools (e.g., Inclusionary Zoning, SEPA Exemption, Flexible Development Standards, Performance Standards) c) Providing general incentives (e.g. density bonuses, parking reductions, permitting priority) d) Financial help (e.g. reduced permit and utility connection fees) e) Encouraging project level actions that help with affordability (affordability covenants). The City should provide criteria and process for ensuring that those units remain affordable over time. PH-8.4 As part of any rezone that increases residential capacity, the City should consider requiring a portion of units to be affordable to low and moderate income households. Land Use Goals and Policies Goals: GL-1 Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. b) Economic Development: Attain the highest level of economic well-being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. c) Neighborhood Conservation: Achieve a well-balanced and well-organized ORDINANCE NO. 2017-XXX 7 combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. d) Environmental Preservation and Conservation: Through both preservation and conservation ensure the proper management of the natural environment and resources. Goals: GL-2 Preserve and promote a safe, clean and aesthetically pleasing living environment. Policies: PL-2.1 Storage of soil. Yard waste, refuse, machines and other equipment in rights-of- way and building setbacks should be prohibited. PL-2.2 Installation of curbs. Gutters, sidewalks, landscape strips, and vegetated LID facilities for all developments should be installed unless the permit-issuing authority makes specific findings that such improvements would not be consistent with these or other goals or policies. Curb cuts are permitted at bio-retention facilities to allow stormwater runoff to enter the facility. Goals: GL-4 Accommodate new development in a manner that supports a growth rate consistent with the goals of the State Growth Management Act but also preserves and enhances Arlington’s quality of life, its natural environment, and its historical and cultural amenities. Policies: PL-4.3 The City should adopt and maintain development regulations that insure that growth is consistent with State laws and Community Vision. PL-4.8 The City should plan for a balanced mix of land uses based on land availability and the capacity to provide public services. GL-7 Encourage a mix of residential densities throughout the City. Policies: PL-7.1 All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; ORDINANCE NO. 2017-XXX 8 b) The general impact to the existing transportation network: c) The feasibility of the site and its situation for the proposed density: d) The availability/capacity of urban services such as water and sewer to serve the area; e) The vacant land supply within the City at the proposed density. PL-7.2 Higher density residential uses should be located around commercial areas. PL-7.3 Vertical and horizontal mixed use developments with residential components should be permissible in designated zones within the City. Goals: GL-9 Create pedestrian links between commercial and residential developments. Policies: PL-9.1 Where commercial and residential areas abut, new development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the City. Goals: GL-10 Promote Neighborhood Commercial uses in appropriate places. GL-20 Minimize storm water runoff and urban drainage impacts by utilizing the natural drainage system where it is possible to do so without significantly altering the natural drainage ways. Policies: PL-20.1 The City should encourage the design of developments to use natural drainage patterns and incorporate means to entrap storm water and water pollutants before they are carried down slope or before they enter wetlands and/or other bodies of water. PL20.4 To minimize impacts on natural resources, the evaluation of Low Impact Development techniques should be evaluated as the preferred approach prior to implementing traditional stormwater treatment and flow controls. Goals: GL-21 Promote energy conservation by developing incentives and/or requirements for energy-saving transportation, land development patterns and practices, and building construction and operation methods and materials. ORDINANCE NO. 2017-XXX 9 Policies: PL-21.1 The City should encourage the development of paths and easements for non- motorized transportation to encourage pedestrian and bicycle use throughout the City. PL-21.3 Encourage development patterns that are based on a grid system to increase connectivity and reduce utility and transportation costs as well as energy consumption. Goals: GL-24 Promote equality in development between private and public lands. Policies: PL-24.1 Public and semi-public development should be held to the same development standards as private development. PL-24.2 New public/semi-public development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the Urban Growth Area. Transportation Goals and Policies Goals: T-1 System Development: Plan, develop, and maintain a balanced transportation system for the efficient movement of people, goods, and services within the City and between the community and other activity centers in the region. Policies: PT-1.3 Ensure that safe, convenient, and efficient transportation facilities are provided for all residents of and visitors to the City. This will include improvements to existing facilities as well as extensions to serve growth areas. PT-1.4 Design the street system to enable walkability, encourage alternative modes of transportation and distribute traffic evenly throughout the City. Explore opportunities to improve the operational and energy efficiency of the existing system through investments in operations and system management. PT-1.9 Require developers to construct those streets directly serving new development and to pay a fair-share fee for specific off-site improvements necessary to mitigate any adverse impacts determined through the review to be created by the development. PT-2.0 Develop and implement a Complete Streets Program to ensure that all transportation projects include safe and appropriate facilities for pedestrians, bicyclists, ORDINANCE NO. 2017-XXX 10 transit users accommodating persons of all ages and abilities. This plan should also identify locations for park and ride facilities. Goals: T-2 Land Use Coordination: Ensure that road development meets the goals of the Transportation Plan and land-use identified in the City’s current GMA Comprehensive Plan. Policies: PT-2.1 Coordinate land use proposals and density of development identified in the Land Use Element of the GMA Comprehensive Plan with transportation centers within the City to support and encourage the use of public transit. PT-2.2 Encourage land use patterns that facilitate multi-purpose trips and reduce the number and length of trips by single-occupancy vehicles. Goals: T-4 Consider the special needs of subarea transportation facilities including appearance and safety. Policies: PT-4.1 Improving the appearance of existing corridors should be a primary objective in designing and maintaining the street system in Arlington. Appropriate design standards, including landscape standards for the construction of new streets shall be maintained. PT-4.3 In order to preserve the character of neighborhoods, City Council may adopt reduced road standards for built neighborhoods, where necessary, for the provision of safer pedestrian or bicycle access. PT-4.7 Design standards should be established to consolidate the number and location of curb cuts on arterial streets. Curb cuts are permitted at bio retention facilities to allow stormwater runoff to enter the facility. PT-4.8 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. PT-4.10 Require new construction to include the construction of sidewalks, bicycle storage/parking facilities, and access to mass transit where possible and in proportion to the need generated by the proposal. PT-4.11 Sidewalks shall be at least five feet in width, on both sides of streets, and constructed according to specifications set forth in administrative policies. This does not ORDINANCE NO. 2017-XXX 11 apply to areas that are controlled by the Mixed Use Design Regulations and prescribed Frontage Types. PT-4.12 Encourage new development to provide pedestrian access from the development to schools, parks, playgrounds, or other roads or facilities if such access is not conveniently provided by sidewalks adjacent to the streets as required above. In such a case, the developer may be required to reserve an unobstructed easement of at least 10 feet in width to provide this access. PT-4.13 All public streets shall be constructed with curb, gutter, sidewalk, and landscape strips and street trees unless otherwise approved by city engineer due to site constraints or where the use of Low Impact Design (LID) storm water facilities are to be utilized. Non-Motorized Transportation Goals: T-5 Non-Motorized system development: Develop transportation strategies that encourage the use of pedestrian, bicycle, and mass transit facilities that will, among other things, conserve non-renewable energy sources. Policies: PT-5.1 Provide for safe and efficient movement of bicycles and pedestrians along streets and highways by constructing sidewalks and other footpath systems as well as bicycle paths. PT-5.2 Encourage the use of bicycles as a transportation alternative by providing bicycle lanes on arterial and collector streets. PT5.3 Traffic safety design techniques should be integrated into the street design to assist in safeguarding pedestrians, 194 and cyclists, particularly near schools, playgrounds, and at crosswalks. PT-5.5 Sidewalk improvements should be prioritized to first facilitate safe movement for elderly and handicapped persons between residences and shopping/social activity centers, and facilitate safe movement for children to and from school facilities and school bus stops. PT-5.7 Provide street lighting along sidewalks to encourage nighttime use and for safety. PT-5.8 Coordinate bicycle/pedestrian facility improvements, including the Centennial and Airport Trails, with neighboring jurisdictions to connect routes where possible. PT-5.9 Encourage private development to incorporate measures or facilities that encourage alternate modes of transportation, such as showers/dressing rooms, locker, and ORDINANCE NO. 2017-XXX 12 bike lockers. PT-5.13 Develop a bicycle commuter strategy, involve local users of all levels to define all needs. Update standards to improve bike safety and mobility. Goals: T-6 Transit system development: Support the use of transit and work with transit agencies to improve service in order to help reduce traffic. Policies: PT-6.6 Encourage and plan for “pedestrian scale” neighborhoods and centers to enhance access and mobility for public transportation users. Parks and Recreation Goals and Policies Goals: GP-1 Maintain and support existing and future recreational and cultural activities. Policies: PP-1.4 New residential development should be required to mitigate impacts to park, recreation, and open space through the dedication and improvement of properties for park and recreation uses, or where dedication is not feasible, payment of fee-in-lieu. PP-1.8 The City should identify desirable lands within its Urban Growth Area for parks, trails, or open space and pursue their acquisition through dedication and purchase. PP-1.12 New residential developments should provide adequate on-site park space or pay a fee-in-lieu. Goals: GP-4 Strive for geographic and demographic equity in the provision of parks and recreation facilities. Policies: PP-4.1 Each subarea within the City should have at least one community park. A neighborhood center park should be located within the Smokey Point neighborhood. The City should identify and pursue opportunities for new parks within areas that are added to the City’s Urban Growth Area. ORDINANCE NO. 2017-XXX 13 Goals: GP-6 Provide for a trail system through the City and connecting to regional trails. Policies: PP-6.1 The City should try to achieve a continuous, connected system of parks and open space via trails. PP-6.2 Trails should be developed for the purpose of providing opportunity for non- motorized transportation, recreation, and education. Goals: GP-7 Develop park and trail design and development standards. Policies: PP-7.1 The City should establish park, trail, and open space design standards. PP-7.3 Maintain an up to date map of the local trail system that is easily accessible to the public to help encourage trail use. Economic Development Goals and Policies Goals: GE-1 Promote a strong, diversified, and sustainable local and regional economy, while respecting the natural environment and preserving and enhancing the quality of life in the City. Policies: PE-1.1 The City should encourage a diversified and vibrant economy in order to facilitate high and stable rates of employment within the City. PE-1.2 The city should maintain a favorable business climate through consistent implementation of City regulations, a streamlined permit process, excellent customer service, and through other available means and mechanisms. PE-1.3 The City should work to insure there is always a more than adequate employment land base (both commercial and industrial) in order to maintain the City’s desired high jobs/to housing ratio. PE-1.4 The City should work to ensure there is always an adequate retail sales base (i.e., commercial land base) in order to provide financial support to the services the City ORDINANCE NO. 2017-XXX 14 provides. PE-1.7 The City should provide a predictable development atmosphere through consistent application and interpretation of City regulations, and permit processing. PE-1.10 The amount and rate of land consumption for business, commercial and industrial uses should be monitored by the City. PE-1.12 The City should promote the viability of downtown as a commercial and social center with the goal of having other commercial areas dispersed amongst our neighborhoods so as to reduce traffic and air pollution. PE-1.13 The City should develop a strategy for Smokey Point so as to better compete with the potential commercial areas west of Interstate-5. Goals: GE-2 Provide an adequate job-producing land base to ensure an adequate number of jobs for citizens within the community and to aid the community in paying for infrastructure and services. Policies: PE-2.1 The City should work to ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. Goals: GE-4 Encourage active cooperation between the City and local businesses concerning economic development issues, particularly of those businesses that have specialized infrastructure, building design, transportation, and other needs. Policies: PE-4.3 Ensure that new commercial development incorporates site and building design features that accommodate alternate modes of transportation PE-4.6 The City should promote commercial development that facilitates pedestrian activity and is architecturally distinctive. Goals: GS-5 Manage stormwater pursuant to current standards, preserving and supplementing, as necessary, the natural drainage ways and other natural hydrologic systems to maintain runoff impacts from development. ORDINANCE NO. 2017-XXX 15 Policies: PS-5.7 The City should include Best Available Science/Best Management Practices in its stormwater strategy. PS-5.8 The City should utilize Low Impact Design standards that provide stormwater benefits and support naturally occurring functions simultaneously. NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. New Chapter Added (Mixed Use Development Regulations). Title 20 of the Arlington Municipal Code is hereby amended by the addition of a new chapter to be known and referred to as Chapter 20.110 Mixed Use Development Regulations, and reading as follows: See Attached Exhibit “A”. Section 2. Ordinance to be transmitted to Department. Pursuant to RCW 36.70A.106 a copy of this Ordinance shall be transmitted to the Washington Department of Commerce as required by law. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of December 2017. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Kristin Banfield, City Clerk ORDINANCE NO. 2017-XXX 16 Approved as to form: ______________________________ Steven J. Peiffle City Attorney 1 Mixed Use Development Regulations 2 Arlington Land Use Strategic Planning: A Place-Based Approach to Zoning The City’s vision statement, written over twenty-five years ago remains a guide for both our Comprehensive Plan and our Land Use Code: “The City of Arlington is a community of vibrant businesses and a home for families that combines the best of sustainable development with the highest quality of life in the region. It is a place where the natural world is honored and respected while high value jobs and businesses are encouraged to prosper. The City is recognized throughout the State as the best example of how to preserve the past in concert with preparing for the change inherent in the future. As the vision evolves, the Arlington brand, or identity, becomes recognized for its unique ability to set the City apart as a model of civility and community harmony. The Setting: Arlington is located where the north and south forks of the Stillaguamish River join. The City’s northern/northwestern edge overlooks the Stillaguamish River Valley; its eastern side looks toward the Cascade foothills; and we border I-5 on the west and Marysville on the south. The Economy: Arlington’s future depends on its economic base keeping pace with other development. Citizens thrive when jobs are available and the necessary amenities are in place to improve their quality of life. To pay for this quality of life, our retail base must be secure and growing. It must also be able to pay for the infrastructure needed to fuel industrial growth. The Social Fabric: Citizens establish the City’s values, sense of place, and quality of life. In return they need cultural opportunities, recreational activities, educational resources, and entertainment for a full life. Mobility: Our goal must be to provide mobility within the City and access to our county, state and federal transportation systems. Housing: Arlington values its neighborhoods and hopes to pass on these values as new developments are built. We recognize the need to provide housing for all income ranges. Summary: Because of Arlington’s proximity to population centers and the freeway, growth is inevitable, but not necessarily as a bedroom community. Arlington will strive to maintain a small city identity, a high jobs-to-housing ratio, thriving commercial districts, safe neighborhoods, an expanding airport, a healthy hospital, a beautiful environment, great services, ample recreational opportunities, and a pride that most cities seldom experience. We want our caring community” We are required by the State’s Growth Management Act to plan for a twenty-year projected population increase. The number of people we will be welcoming to our City is provided by the State and by Snohomish County. The overall planning for this increase involves a long list of parts and of stakeholders; from transportation to parks and open space to housing. The single most impactful element of planning for the future lies in how we resolve the complicated issues of land use and the built environment. The citizens of every city, town and community in the country desire a livable environment for themselves and for those that follow. Our Vision Statement is a reflection of that desire. “In 2030, about half of the buildings in which Americans live, work, and shop will have been built after 2000. While these projections may seem overwhelming, they also demonstrate that nearly half of what will be the built environment in 2030 doesn’t even exist yet, giving the current generation a vital opportunity to reshape future development”1. The quality of places in which we live has an impact on all aspects of life. How well they are designed will influence how safe we feel, how easy it is to walk around, whether we have shops, community facilities and schools nearby; whether our children have safe places to play. It will also affect whether there is access to public transportation and a good choice of homes in which to live. It is essential that the places we create and improve embody the principles of good urban design. 3 Good urban design is essential to deliver places which are sustainable across a range of criteria: places that create social, environmental and economic value. Ensuring that places are well designed needs to be a priority for everyone involved in shaping and maintaining the built environment. Arlington is known for its sense of “place”. This sense is a combination of the caring nature of its people, and the quality of its downtown built environment. Looking ahead, our challenge will be to provide housing, employment, and recreational opportunities for a growing population while at the same time preserving and expanding the unique places of Arlington. 1Arthur C. Nelson; Brookings Institution 4 TABLE OF CONTENTS Chapter 20.110 – Mixed Use 20.110.012: Introduction 20.110.012 (a) Purpose 20.110.012 (b) Planning with Form Based Code 20.110.012 (c) How to Use the Plan 20.110.012 (d) Place Types 20.110.012 (e) Transect Summary 20.110.012 (f) Plan Area 20.110.012 (g) Overview of Existing Conditions 20.110.012 (h) Plan Preparation and Public Participation 20.110.012 (i) Goals 20.110.014: Development Code 20.110.014 (a) Authority and Purpose (1) Conflicting Provisions (2) Relationship to Other Regulations (3) Severability 20.110.014 (b) Applicability of Standards versus Guidelines 20.110.014 (c) Place Types (1) Mixed Use Neighborhood Corridor (2) Mixed Use Community Center (3) Mixed Use Village Center (4) Mixed Use Urban Center (5) Mixed Use Special District 20.110.014 (d) Frontage Types 20.110.014 (e) Building Types 20.110.014 (f) Block, Rights-of Way, and Thoroughfare Standards (1) Block Standards (2) Rights-of Way Standards (3) Thoroughfare Standards 20.110.014 (g) Parking Standards 20.110.014 (h) Civic and Open Space Standards 20.110.014 (i) Landscaping, Fencing, and Screening Standards 20.110.014 (j) Low Impact Design Standards 20.110.014 (k) Outdoor Lighting Standards 20.110.014 (l) Architectural Standards 20.110.014 (m) Administration and Procedures 20.110.014 (n) Application and Processing Procedures 20.110.014 (o) Project Permit Review Procedures 20.110.014 (p) Non-Conforming Conditions 20.110.016: Appendix 20.110.016 (a) General Definitions 20.110.016 (b) Definitions Specific to Permissible Uses 20.110.016 (c) Comprehensive Plan Goals and Policies Achieved Through This Land Use Strategic Plan 20.110.018: Acknowledgements 20.110.020: Public Participation Plan 5 20.110.012 INTRODUCTION 20.110.012(a) PURPOSE Under Washington law, local jurisdictions are allowed to define a vision for specific areas within their boundaries and apply regulations and guidelines for implementation of those visions. It can establish clear policies, implementation strategies, and design standards to guide public and private investment in a coordinated manner. For the foreseeable future, Arlington’s urban growth boundary will remain fixed in its current configuration. The immediate effect of an inelastic City edge will be that projected population increases will be absorbed by in-filling, rather than expansion. To maintain the high- quality City that is described in the Vision Statement and Comprehensive Plan, the community will have to take a new look at land use patterns and how it intends guide the built environment. Local development history has shown that conventional (Euclidean) zoning has not, and likely will not, provide a path from the vision, goals, and policies expressed in the Comprehensive Plan to the creation of Quality Places. Mixed Use Development Regulations provides guidance for the creation of quality places that will provide interesting, walkable neighborhoods, while preserving Arlington’s small-town feel. It is intended to guide initiatives that capitalize on the City’s unique assets with the overarching goal of seamlessly accommodating growth. The Plan is designed to create centers of commercial and residential activity appropriate to local context and use intensities with a predictable built form. In addition, the Plan provides options for developers that result in expedited, predictable outcomes. 20.110.012(b) PLANNING WITH FORM BASED CODE Quality place making is a derivative of the concepts and tools contained in the alternative approach to conventional zoning called “Form Based Code”. These concepts reinforce walkable, sustainable mixed-use environments and development that builds upon community character. This Strategic Plan uses the Form Based Coding approach to achieve the community’s goals of sustainability and context sensitive, high-quality infill. "Form-Based Codes foster predictable built results and a high- quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines. Form-Based Codes are an alternative to conventional zoning." ~ Form-Based Codes Institute An important aspect of this definition that differentiates Form Based Codes from conventional zoning is the phrase "by using physical form." This does not mean that use is not important, but instead of land use always being the organizing principle for the overall code, within the FBC elements of this Plan, the intended physical form, or characteristics of desired place becomes the primary organizing principle. It is also important to note that while FBCs focus on an intended physical form, they also regulate use. FBCs often allow a range of uses that are carefully chosen to maximize compatibility between uses and the intended physical form of the specific neighborhood. FBC components are integrated throughout this Plan. The following is an explanation of these components and where they are located in this Zoning Code. 6 1. Place Types provide the basic building form standards and list the allowed building types, sustainable features and permitted uses within a specific geographical area. See Section 20.110.014(c) 1-5 (Place Types). 2. Building types provide a fine level of detail about the appropriate massing and form of buildings within a Place Type. See Section 20.110.014(e) (Building Types). 3. Private frontage types provide detail on how a building relates to the street or public realm. See Section 20.110.014(d) (Private Frontage Types). 4. Thoroughfare types provide the components of a thoroughfare that can be used to create walkable streets that balance the needs of vehicles, pedestrians and bicyclists. See Section 20.110.014(f) (Block, Street, and Rights of way). 5. Civic spaces provide standards for a broad range of civic spaces and open space. A significant focus of the City’s new and existing civic spaces will be the creative incorporation of public art. See Section 20.110.014(i) (Civic and Open Space). 20.110.012(c) HOW TO USE THE PLAN In graphic form, this Section illustrates the basic steps to follow in using this Form Based Code as a part of the regulations guiding development within the Mixed Use Overlay District. This is illustrative only and is not intended to set forth the administration and procedures which are described more fully in Section 20.110.014(k) (Administration and Procedures). 7 Quick Code Guide: Known; Location Looking For; Allowable Building Type 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 Look in the Regulating Plan for your parcel. Maps Note Place Type and Transect. Regulating Plan Find your Place Type and Transect in Place Types. Section 20.110.014(c) Place Types. Verify use in Permissible Use Table for your Place Type. Section 20.110.014(c) Comply with the standards specific to your Transect. Section 20.110.014(c) (1-5) Comply with the Standards specific to your Building Type Section 20.110.014(e) Comply with the standards specific to your Frontage Type. Section 20.110.014(d) Follow any necessary procedures Section 20.110.014(m) Locate the Place Type on the Regulating Map. Verify use in Permissible Use Table for your Place Type. Section 20.110.014(c) Comply with the standards specific to your Frontage Type. Section 20.110.014(d) Follow any necessary procedures Section 20.110.014(m) Find the standard Building Type that most closely matches yours. Section 20.110.014(e) Find the Building Type in the Transect Table. Table 20.110-1 Find your Transects in the Place Type summary. Table 20.110-2 8 Transect Matrix: Allowed Building Types and Frontage Types Building Type T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Carriage House X Cottage Court X X Courtyard Building X X X X X X X X X Duplex - Vertical X X Flex Space X X X X X X X Live/Work X X X X X X Main Street Building X X X X X X Mid-Rise X X X X X Multi-Plex – Medium X X X Multi-Plex – Large X X X X Row House / Townhouse X X X X Stacked Flats X X X X X X 9 Frontage Type T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Common Yard X X Door Yard X X X X X Forecourt X X X X X X X X X Gallery X X X X X X Porch: Engaged X X X Porch: Projecting X X X Shop Front and Awning X X X X X X Stoop X X X X X X X Place Types and Transects T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Neighborhood Community Center X X X X Neighborhood Corridor X X X Neighborhood Village Center X X X X Urban Center X X X X Special District X X 10 20.110.012(d) PLACE TYPES Place Types are defined by their location and by their intensity of use. They are calibrated by their:  Street Types,  Block and Street Types,  Building Placement and Mass,  Frontage Types, and  Architectural Features. This transect describes six use intensities from natural to sub-urban to urban core. Each level of use, or T-zone, has a unique built form, consistent with its use intensity and context. Some jurisdictions have added sub-transects, some have modified their definitions, and some have labelled the intensities with their own vocabulary. By whatever method it is described, intensity of use is at the core of Place definition. While transects can be used as a regional planning tool, it is uniquely suited to describe the more geographically limited and more intense urban environment. This Mixed Use Development Overlay Plan creates four “Place Type” overlay descriptions; Neighborhood Corridor, Neighborhood Community Center, Neighborhood Village Center and Urban Center. In addition, due to their unique development context, two Special Districts were created. Special District 1 contains primarily freeway oriented commercial development. It is highly unlikely that residential development, other than vertical mixed use, will become a significant element of growth in this area. Special District 2 is located in an area where residential use is prohibited, therefore its mix of uses will exclude any residential component. In addition, there are three other areas included in the Mixed Use Overlay, but are geographically too small to be assigned a Place Type. Growth in these areas will nonetheless be guided by a regulating plan. In Arlington’s urban context, these Place Types and Special Districts articulate in detail the transition from more intense to less concentrated uses. Each Place Type contains its own unique combination of neighborhood use transitions. As a group, these four Place Types contain all of the commercial, residential, and civic space use intensities required for the next twenty years. Because Arlington is a small, urban edge city, the two least intense and the one highest intensity transects are not applicable to our future built form; at least not for now. Zone T3, translates into most of our existing neighborhood and municipal structure. Zone T4 splits into four use intensities; T4 Neighborhood Small Volume, T4 Neighborhood Medium Volume, T4 Main Street, and T4 Flex. A mix of these four intensities is applied to the Neighborhood Corridor, Neighborhood Community Center and Neighborhood Village Center. The T5 Neighborhood Medium Volume, T5 Neighborhood Large Volume, T5 Main Street and the T5 Flex contained in the Urban Center provides the relatively high intensities of use the City will need to accommodate our projected population and commercial growth. The Special Districts reflect areas with limited or prohibited residential potential, and therefore will follow other mixed use patterns, remaining within transect regulated intensities. In Section 20.110.014(c) that follows, the individual Place Types are specifically located within the City. In Section 20.110.014(c), are the 11 sub-transects and definitions appropriate to each Place Type. The specific distribution of sub-transects within each Place Type is accomplished with the Arlington Regulating Plan. The Regulating Plan is essentially a fine grained zoning map combined with a street plan and an open space plan, keyed to the Development Code’s standards and guidelines. The regulating plan accomplishes two tasks:  Based on existing context and projected need and markets, The Regulating Plan locates Place Type overlays to specific areas of the City, and  The Regulating Plan assigns specific transect and sub-transect intensities to individual streets and blocks within each located Place type. In most of the Quality Places being created around the country, walkability and pedestrian friendliness are basic design criteria. The four Arlington Place types all share these features, but in different contexts and with different forms. All four have clearly defined centers and edges. Centers are street intersections in some cases, and parks in others. Edges are defined by either a standard walkable ¼ mile, or an elongated ½ mile “pedestrian shed”. As they grow, some of the smaller Places will overlap others and may at some time in the future become combined to create Places of more intense uses and built forms. Areas that are initially defined as corridors will eventually become a linear series of smaller walkable neighborhoods. A pedestrian shed is the basic building block of walkable neighborhoods. A ped shed is the area encompassed by the walking distance from a neighborhood center. Ped sheds are often defined as the area covered by a 5-minute walk (about 0.25 miles, 1,320 feet, or 400 meters). They may be drawn as perfect circles, but in practice ped sheds have irregular shapes because they cover the actual distance walked, not the linear (aerial) distance. A synonym for ped shed is walkable catchment. Pedestrian safety is greatest when vehicle speeds are low. On-street parking, trees, and other design elements are a buffer between pedestrians and traffic. Sidewalks are sized appropriately for the number of walkers. Buildings meet the street in such a way to make the “outdoor rooms” that are the mark of the best urban places. Building facades are human scale, with frequent doorways and windows, and attractive details and ornament. A well designed neighborhood should be pedestrian friendly, but also accommodate bicyclists, transit riders, cars, and appropriate delivery and larger vehicles. Open space and buildings at human scale are an integral part of overall Place design. Density and land use will generally, but not always, vary from the core to the edge of a neighborhood walkable area. In the sections that follow, the built environment will be calibrated for each of the four Place Types, based on their unique physical and geographical contexts and their projected use intensities. 12 20.110.012(e) TRANSECT SUMMARY Zone – T4 Neighborhood Small Volume Desired Form Detached or Attached Narrow to Medium Lot Widths Small to Medium Footprint Build at or Close to ROW Small to No Setbacks Up to2Stories Elevated Ground Floor Primarily with Stoops and Porches General Use Primarily residential with smaller neighborhood-supporting uses in ancillary buildings and existing corner store buildings. Intent To provide a variety of urban housing choices, in small to medium footprint, medium to high density building types, which reinforce the walkable nature of the neighborhood, support local serving retail and service uses adjacent to this zone, and support public transportation alternatives. Zone – T4 Main Street Desired Form Detached or Attached Small to Medium Footprint Simple Wall Plane along Street Building at or Near the ROW Small to No Side Setbacks Up to 4 Stories Diverse Mix of Frontages General Use Primarily ground floor commercial uses with a mix of commercial and residential uses on the floor above. Intent To provide a focal point for neighborhoods that accommodates primarily local serving retail, service, and residential uses in compact, walkable urban form. 13 Zone – T4 Flex Desired Form Attached Small to Large Footprint Simple Wall Plane along Street Building at ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 3 Stories General Use Vertical and horizontal mixed use: retail, commercial, and residential uses on any floor. Ideal location for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy. Zone – T4 Neighborhood Medium Volume Desired Form Detached Small to Medium Lot Width Medium Footprint Small to Medium Front Setback Small to Medium Side Setbacks Up to 3 Stories Elevated Ground Floor Primarily with Stoops and Porches General Use Primarily residential with smaller local serving uses in ancillary buildings. Intent To provide a variety of housing choices, in medium footprint, medium density building types, which reinforces the walkable nature of the neighborhood, support local serving commercial adjacent to this zone and support public transportation. 14 Zone – T5 Neighborhood Large Volume Desired Form Attached Medium to Large Footprint Simple Wall Plane along Street Building at ROW No Side Setbacks Diverse Mix of Frontages Up to 4 Stories General Use Vertical and horizontal mixed use; retail, commercial, and residential uses on any floor. Ideal for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor. Zone – T5 Flex Desired Form Attached Medium to Large Footprint Simple Wall Plane along Street Building at ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 4 Stories General Use Vertical and horizontal mixed use: retail, commercial, and residential uses on any floor. Ideal for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy. 15 Zone – T5 Neighborhood Medium Volume Desired Form Attached or Detached Small to Large Footprint Simple Wall Plane along Street Building At or Close to ROW Small to No Side Setback Up to 4 Stories Diverse Mix of Frontages General Use A diverse mix of residential building types, general retail, and small to medium sized local and community supporting services and commercial uses. Intent To provide a variety of urban housing choices, in small to medium footprint, medium to high density building types, which reinforce the neighborhood’s walkable nature, support local and community serving retail and service uses adjacent to this zone, and support multi-model transportation. Zone – T5 Main Street Desired Form Attached Small to Large Footprint Simple Wall Plane along Street Building at ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 5 Stories General Use Vertical and horizontal mixed use: retail, commercial, and residential uses on any floor. Ideal location for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy. 16 Zone – Special District-1 Desired Form Mix of Commercial Style Buildings Medium to Large Volume Massing Small to Medium Setbacks Larger Parking Areas Behind Buildings Up to 5 Stories Ground Level First Floors Primarily Storefront Entries General Use Primarily a mix of freeway related, auto-oriented commercial activity, generally fuel sales, restaurants, motels, and travel centers. Intent To provide for commercial development consistent with existing context. Topography, floodplain and floodway regulations will likely limit development to larger scale commercial operations which are directly related to freeway visibility with easy access to interstate and international highway networks. Zone – Special District-2 Desired Form Mix of Commercial Style Buildings Medium Volume Massing Building At or Close to ROW Small to No Side Setbacks Parking Primarily Behind Buildings Up to 4 Stories Ground Level First Floors Primarily Storefront Entries General Use To provide a mix of non-residential commercial uses compatible with adjacent mixed use residential to the West and Business Park development to the North and East. Intent Special District-2 is totally contained on Airport property. As such, it is subject to several layers of Federal Regulations. To prevent the potential for incompatible land uses adjacent to airports, these regulations prohibit the inclusion of residential units on Airport property. This area is ideally suited for a mix of commercial activity that is appropriate to the intensities of adjoining development. 17 20.110.012(f) THE PLAN AREA The Place Types which are specifically allocated are all contained within the existing Arlington city limits, primarily within highway commercial land use zones. There are four major Mixed Use focus areas, each with its own configuration, size, and unique use intensity combinations. There are also two Special Districts: Special District-1 contains primarily freeway oriented commercial development; Special District-2 is located in an area where residential use is prohibited, therefore its mix of uses will exclude any residential component. In addition, there are three other areas included in the Mixed Use Overlay, but are geographically too small to be assigned a Place Type. Growth in these areas will nonetheless be guided by a regulating plan. Figure 20.110-A (below) shows the location of the Place types, Special Districts, and the areas too small for Place Types. 18 Figure 20.110-A 19 20.110.012(g) OVERVIEW OF EXISTING CONDITIONS During the 2015 Comprehensive Plan update process, it became apparent that to accommodate the twenty-year projected population increase, one of two planning regimes had to be followed. The first was to increase residential buildable land by simply expanding the City’s boundaries. The second involved re-defining commercially zoned permissible uses to provide for both commercial and residential growth. The City is required to accommodate approximately 3,000 residential units within the next twenty years. Currently the land zoned for residential development will provide just over 300 units. There needed to be a plan to account for this shortfall. Having to meet a variety of conditions, the City selected the second option. Clearly, for this option to be viable, some alternate regulatory plan for the uses of commercial property needed to be established. To enable this option, the City subsequently adopted a mixed use overlay that included all the commercial property within its UGA. Computer modeling showed that the application of mixed uses to most of the commercial areas of the City would adequately accommodate both the projected population growth as well as the supporting commercial activity. The eventual built form of population absorption by in-filling has shown to be unpredictable without design standards organized around some unifying principle. This Mixed Use Development Regulations incorporates many of the planning and design concepts contained in Form Based Code. Typically, in the development of a Form Based Code, careful consideration is given to existing conditions. Topography, existing building typology, thoroughfare standards, and civic spaces are thoroughly and systematically analyzed to enable the coding of the contextual DNA of each affected neighborhood. With few exceptions, the commercial areas of Arlington which are contained within the Mixed Use Overlay are either undeveloped or significantly underdeveloped. Lacking essential neighborhood context, the City had to look elsewhere for guidance in the formulation of Arlington’s future built environment. The regulations that follow reflect planning for a twenty-year economic and population growth molded primarily by the Vision, Goals, and Policies of the 2015 Arlington Comprehensive Plan. 20.110.012(h) PLAN PREPARATION AND PUBLIC PARTICIPATION By February of 2016, work had begun on adjustments to the 2015 Comprehensive Plan Update to redraft population absorption strategies and rework a few sections based on Department of Commerce and Puget Sound Regional Council feedback on the original document. The City was considering an ordinance to extend mixed use zoning from Old Town to include all commercially zoned property within its UGA. Recognizing that community input would play a significant role in the definition of these extended mixed use zones, the Department of Community Development, along with the Planning Commission formed a focus group to provide guidance for the formulation of the standards that would regulate these new areas. The focus group was composed of community leaders from a diverse cross section of the private sector, along with City Council members and Planning Commissioners with support from Community Development staff. The group was charged with providing guidance and feedback for the regulation regime and the public outreach program that would ultimately determine the effectiveness and future livability of the mixed use areas. The focus group meet weekly for eighteen months. Initially, each meeting was structured in two parts; on-line planning courses with a focus on Form Based Code, followed by a discussion of the tools and processes of FBC and how they might be applied to the new mixed use areas. As sections of the draft Form Based Code were developed, the focus group provided comments and their suggestions for improvements. This feedback became an instrumental part of the editing and updating process. As this process was nearing its conclusion, the focus group was asked to assist with the development of an outreach program to take the 20 draft FBC regulations out to the community for public feedback. The details of the outreach plan that was formulated with focus group feedback are in the appendix. Three outreach sessions were held in May of 2017 in various locations in the City, and another three sessions were held in July. In each session, there was a presentation of the plan for mixed use development, followed by discussion with participants. Contact information was obtained for future feedback opportunities. 20.110.012(i) GOALS Arlington’s Comprehensive Plan divides the City into twelve sub-areas. Each of these sub-areas has a unique built environment, a unique mix of uses, a unique topography, or a combination of all three. As the City grows and develops, some of these areas will remain relatively stable and some will transition into new looks and new uses. Arlington is going to grow; that’s not optional for any Washington city. The City will need to provide a place for young people entering the labor market, in- migration of established workers and their families, and homes for a rapidly increasing retired population. 7,000 people are coming. The quality of the Places created for them will directly affect their lives and the lives of people already here. Most of the growth, both in people and in commerce will happen in the transitional neighborhood sub areas. These are the places detailed in the Regulating Plan. For the purposes of creating a vision of mixed uses within a design based context, these transitional neighborhoods need to be the fundamental unit of city wide planning. Neighborhoods should be places where people can live, work, shop, and recreate. Their buildings, streets, public and private places need to relate well to one another by plan, not by accident. These neighborhoods should be sized so that an average person can walk from its center to its fringe in five to ten minutes. Thoroughfare network connectivity is perhaps the single most important element of sustainably-built cities. The thoroughfare network is simply the system of streets, alleys, walkways and trails in an area. Connectivity refers to the directness of travel routes and the number of alternate routes between any two locations. Vehicular, bicycle, and pedestrian connectivity in our proposed mixed use neighborhoods are addressed by this urban form development code. 20.110.014 DEVELOPMENT CODE 20.110.014(a) AUTHORITY AND PURPOSE This code protects and promotes the public health, comfort, safety, convenience, and general welfare of the community and implements the Arlington Comprehensive plan. Parcels that are subject to regulations of both a specific local Place Type as contained in this Mixed Use Overlay Plan and of its underlying land use zone may be developed using the regulations of either set, but not a mixture of the two. Examples of areas where the Overlay Plan is an option include the Village Center at Kent Prairie, the Neighborhood Corridor along Smokey Point Boulevard, the Urban Center in the Smokey Point commercial area, and the Community Center at Highway 9 and 172nd. These two sets of regulations represent significantly different approaches to the challenges presented with population absorption by in-filling. The underlying “by right” regulations are use based and depend on design guidelines rather than standards to determine the eventual built form. This combination rarely produces predictable outcomes for either the developer or for the City. Applications based on the underlying zoning will follow the administrative processes and regulations described in the relevant portions of Title 20 of the Arlington Municipal Code. In particular, subdivisions will follow the regulations contained in Section 20.16.300 (Major and Short Subdivisions). Section 20.16.350 (Binding Site Plans) will not be available for development governed by the underlying zoning regulations. This Overlay Plan is form based, with specific textual and graphic descriptions for the desired outcome, along with administrative procedures that represent significant time savings along with a more predictable review process. The provisions of this Overlay Plan will regulate development in the Mixed Use Overlay District when the 21 Overlay Plan option is chosen. In the event of conflict between the Overlay Plan and the underlying zoning, the provisions of the Overlay Plan shall control. The choice of either the regulations contained in the Overlay Plan or of the underlying zoning shall be made by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent and shall follow the land. 1. Conflicting Provisions If any provision of this Overlay Plan contains an actual, implied, or apparent conflict with another provision of this Overlay plan, the more restrictive provision controls. 2. Relationship to Other Regulations a. Where conditions, standards, or requirements imposed by any provision of this Overlay Plan are either more restrictive or less restrictive than the standard imposed by any other statute, law, ordinance, regulation, license, or permit, the most restrictive of any such standards control. b. Whenever a provision of this Overly Plan refers to any other part of the Arlington Municipal Code or to other law, the reference applies to any subsequent amendment of that law. 3. Severability If any section, paragraph, subdivision, clause, sentence, or provision of this Overly Plan is adjudged by any court of competent jurisdiction to be invalid, that judgement does not affect, impair, invalidate, or nullify the remainder of this Overlay Plan. The effect of the judgement is confined to the section, paragraph, subdivision, and clause. Sentence, or provision specifically addressed in the controversy in which the judgement or decree was made. 20.110.014(b) APPLICABILITY OF STANDARDS VERSUS GUIDELINES 1. Standards are mandatory requirements which are enforced by terms such as “shall” or “will”. 2. Gudelines are suggested or encouraged but are not explicitly mandatory. However, their intent represents an objective for development and as such they are intended to be followed in spirit if not literally. Thus guidelines leave flexibility for design creativity to meet the intent of the guideline and are promulgated by terms such as “should” or “may”. 3. The existing development regulations of the City of Arlington shall continue to be applicable to areas and/or zones not covered by this Overlay Plan. 4. Capitalized items used throughout this Plan are defined in sections 3.1 General Definitions, and 3.2 Definitions Specific to Permitted Uses. 5. Maps and charts accompanying this Plan are specifically incorporated by reference herein. 22 20.110.014(c) (1) Place Types Place Type: Mixed Use Neighborhood Corridor Location: Smokey Point Boulevard – 173rd Street to 200th Street Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Small Volume (T4N-SV), T4 Neighborhood Medium Volume (T4N-MV) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. This Mixed Use Neighborhood Corridor will likely develop into a series of smaller, walkable centers along Smokey Point Boulevard which will ultimately provide sustainable transit service along the route. Characteristics: Detached or attached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Simple wall plane along street Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Boulevard facing with medium intensity commercial Street types: Passage, Alley, Mixed Use Street, Residential Avenue, Mixed Use Avenue, Mixed Use Boulevard, and Multiway Boulevard. T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 3 stories Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Neighborhood Corridor Street Types: Passage, Mixed Use Street, Alley, Residential Street, and Mixed Use Avenue 23 Place Type: Mixed Use Neighborhood Corridor T4N-SV Intent: To provide a variety of housing choices within the Neighborhood Corridor, that integrates appropriate small to medium building volume, medium density building types, such as duplexes, bungalow courts, and small multiplex buildings. This level of intensity reinforces the walkable nature of the neighborhood, supports local serving commercial activity in this mixed use corridor, and encourages public transportation alternatives. Characteristics: Detached or attached Medium to large lot width Small to medium front setback Small to medium side setback Up to 2 stories Primarily stoops or porches Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to local serving commercial activity located along primary streets. Predominate Land Uses: The primary land use focus of the T4N-SV transect areas within Neighborhood Corridors is with small to medium density residential in a variety of medium volume formats. Buildings are set back from ROW’s, with the possibility of ancillary buildings behind the primary residence. The variety of housing choices reinforce the walkable nature of this residential area. Street types: Passage, Alley, Mixed Use Street, Residential Street, and Residential Avenue 24 Place Type: Mixed Use Neighborhood Corridor 30’ min. / 80’min. 50’ max. 30’ min. / 80’min. 50’ max. 30’ min. / 80’min. 50’ max. 30’ min. / 80’min. 50’ max. 75’min. / 100’min. 100’max. 75’min. / 100’min. 100’max. 25’ min. / 80’min. 75’ max. 25’ min. / 80’min. 75’ max. 25’ min. / 80’min. ’ max. 18’min. / 80’ min. 35’ max. 18’min. / 80’ min. 35’ max. 50’min. / 80’min. 75’max. 50’min. / 80’ min. 75’max. 50’min. / 80’ min. 75’max. 50’min. / 80’ min. 75’max. 50’min. / 80’ 75’max. 50’min. / 80’ min. 75’max. 15’min. / 30’min. 35’ max. 15’min. / 30’min. 35’ max. 25 Place Type: Mixed Use Neighborhood Corridor 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 Loading docks, overhead doors and other service entries may not be located on street -facing facades. 4 4 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Va luation Date Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half -story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. Building Form 1,2,3 T4-MS T4-F T4N-SV Height Main Building (C) 20’min. / 3 stories max.4 3 stories max.5 2 stories max. Accessory Structure 1 story max. 1 story max. 1 story max. Ceiling Height; Ground Floor: (D) Residential 10’ min. clear 10’min. clear - Retail or Service 12’min. clear 12’min.clear - Ceiling Height Upper Floors (E) 8’min. clear 8’min. clear - Ground Floor Finish Level: Residential < 10’ from ROW 18”min. 18”min. - Residential ≥ 10’ from ROW 0” min. 0”min. - Retail or Service 6”max. 6”max. - Footprint Depth Ground Floor Space: Residential 40’min. 40’min. - Retail or Service – Front 40’min. 40’min. - Retail or Service – Side Street - - - Accessory Structure(s): Width 24’max. 24’max. 20’max. Depth 36’max. 36’max. 25’max. Distance Between Front Entries: Entries to Ground Floor 50’max. 50’min 50’min. Entries to Upper Floor(s) 100’max. 100’min. 100’min. 26 Place Type: Mixed Use Neighborhood Corridor 6 On corner lots, the BTL must be defined by a building for the first 50’ of the corner. 7 Where existing building are in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement T4-MS T4-F T4N-SV Build-to-Lines Front (F) 0’min. 10’max.6,7 - - Side Street (G) 0’min. 10’max. - - BTL Defined by a Building: Front 90% min. - - Side Street 75% min. - - Side: Main Building 0’min. - - Accessory Building 5’min. - - Setbacks Front (F) - 5’min. 15’max. 5’min. 15’max. Side Street (G) - 5’min. 10’max. 5’min. 10’max. Side: (H) Main Building - 5’min.8 5’min. 9’max.8 Accessory Structure - 5’min. 5’min. Rear: (I) Main Building - 5’min. 5’min. Accessory Structure - 5’min. 5’min. 27 Place Type: Mixed Use Neighborhood Corridor Parking 9 T4-MS T4-F T4N-SV Required Spaces 10 Residential Uses 1/1000 sf min.11 1/1000 sf min.11 No Spaces Required Lodging Uses 1/unit max 1/room max - Retail or Service Uses: 12,13 < 3,500 sf No Spaces Required No Spaces Required No Spaces Required >3,500 sf 1/1000 sf max. 2/1000 sf min. Location (Distance from ROW/Lot Line) Front Setback (J) 50’ from BTL 40’ from BTL 40’ Side Street Setback (K) 0’min. 10’max. 0’min. 10’max. 10’ Side Setback (L) 0’ 0’ 5’ Rear Setback (M) 10’ 5’ 5’ Miscellaneous Parking Drive Width: (N) Front <40 spaces 14’max. 14’max. - Front ≥40 spaces 18’max. 18’max. - Side Street/Alley 20’max. 18’max. % of Frontage along Front - - - 9 All garages shall be screened along the front and the side street by habitable space. 10 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 28 Place Type: Mixed Use Neighborhood Corridor 14 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot lin e. Encroachments and Frontage Types T4-MS T4-F T4N-SV Allowed Encroachments 14,15 Front (O) 14’max. 10’max. 8’max. Side Street (P) 14’max. 8’max. 8’max. Side (Q) 0’ 0’ 2’-6”max. Rear (R) 5’max. 2’-6”’max. 2’6”max. Allowed Frontage Types Common Yard X Dooryard X X Forecourt X X Gallery X X Porch: Engaged X Porch: Projecting X Shopfront and Awning X X Stoop X X X 29 Place Type: Mixed Use Neighborhood Corridor Use Table T4-MS T4-F T4N-SV Land Use – Neighborhood Corridor Residential Dwelling: Attached P SUP P Detached SUP SUP P Multi-Family SUP SUP SUP Accessory Dwelling - - P Home Occupation P P P Retail General Retail: Floor Area <10,000 sf P P P Floor Area ≥10,000 sf P SUP - Eating or Drinking: Floor Area <10,000 sf P P SUP Floor Area ≥10,000 sf P P - Drive Thru Services SUP SUP - Outdoor Entertainment SUP SUP - Services Animal Services P P P Boarding - SUP - Bank/Financial P P P Drive Thru Services SUP SUP - Day Care Center P P P Lodging: Bed and Breakfast P P P Hotel/Inn SUP SUP - Medical Clinic P P P Doctor/Dentist Office P P P Office – Professional P P P Personal Services P P P Recreation, Education, Public Assembly Meeting Facilities P P - 30 Key Use Table Notes P Permitted Use See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. SUP Special Use Permit CUP Conditional Use Permit Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Form Based Code. - Prohibited Use Use Table T4-MS T4-F T4N-SV Land Use – Neighborhood Corridor Park, Open Space, Playground SUP P P Public Safety Facility P P P Recreation Facility: Indoor <1,500 sf P P P Indoor ≥1,500 sf P P - Outdoor SUP SUP - Religious Assembly P P P School: Public or Private SUP SUP SUP Studio: Art, Music, Dance P P SUP Agriculture Community Gardens - P P Farmer’s Market P P - Industry, Manufacturing, and Processing Artisan Production P P SUP Limited Production P P SUP Furniture and Fixture Manufacturing SUP SUP - Media Production P P P Printing and Publishing P P P Transportation, Communication, Infrastructure Parking Facility: Public or Private SUP SUP - Utility SUP SUP - Wireless Telecommunications: Antenna <20’ SUP SUP - Antenna ≥20’ - SUP - Facility SUP SUP SUP Accessory Accessory Building Structure P P P 31 32 33 20.110.014(c) (2) Place Types Place Type: Mixed Use Community Center Location: State Route 9 and 172nd Street, State Route 530 and 211th Street, State Route 531 and 67th Avenue, 188th Street and 67th Avenue Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Medium Volume (T4N-MV) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. Characteristics: Detached or attached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Street facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Mixed Use Street, Residential Avenue T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 3 stories Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Village Center Street Types: Passage, Mixed Use Street, Alley, Residential Street, and Mixed Use Avenue 34 Place Type: Mixed Use Community Center T4N-MV Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings in a residential form that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small to medium lot width Small to medium front setback Small to medium footprint Small side setback Up to 3 stories Key Features: Mix of medium density building types with a variety of forms, which decrease in size and intensity of use toward the outer boundary of the corridor. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the corridor’s main boulevard core to more moderate density and moderate volume residential uses along the edge of the Neighborhood Corridor. Street types: Passage, Alley, Residential Street, Residential Avenue 35 Place Type: Mixed Use Community Center Allowed Building Types T4-MS T4-F T4N-MV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Bungalow Court - - 75’min. / 80’ min. 150’ max. Carriage House - - 30’ min. / 80’min. 50’ max. Courtyard Building 75’min. / 100’min. 100’max. 75’min. / 100’min. 100’max. - Duplex, Stacked 50’ min. / 80’min. 75’ max. 50’ min. / 80’min. 75’ max. 40’ min. / 80’min. 75’ max. Multiplex Small 50’min. / 80’ min. 75’max. 50’min. / 80’ min. 75’max. 50’min. / 80’ min. 75’max. Multiplex Medium 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. 60’min. / 100’ min. 100’max. Row House / Townhouse 15’min. / 30’min. 35’ max. 15’min. / 30’min. 35’ max. 15’min. / 30’min. 35’ max. 36 Place Type: Mixed Use Community Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 Loading docks, overhead doors and other service entries may not be located on street -facing facades. 4 4 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot , as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Date Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half -story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. 1,2,3 20’min. / 4 5 9’ min. clear 9’min. clear 9’min. clear 12’min. clear 12’min. clear 12’min. clear 8’6”min. clear 8’6”min. clear 9’min. clear Residential < 10’ from ROW 18”min.24”min.24”min. Residential ≥ 10’ from ROW 0” min.0”min.0”min. 6”max.6”max.6”max. 40’min.30’min.30’min. –40’min.30’min.30’min. –30’min.30’min.30’min. 20’max. 25’max. 50’50’min.50’min. 100’100’min.100’min. 37 Place Type: Mixed Use Community Center 6 On corner lots, the BTL must be defined by a building for the first 50’ of the corner. 7 Where existing building are in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement T4-MS T4-F T4N-MV Build-to-Lines Front (F) 0’min. 10’max.6,7 0’min. 10’max. 0’min. 10’max. BTL Defined by a Building: Front Lots <50’wide 60% min. 100% min. 100% min. Front Lots ≥50’ wide 60% min. 75% min. 75% min. Side Street (G) 30% min. 60% min. 60% min. Setbacks Front (F) 5’min. 20’max 10’min. 20’max 10’min. 20’max. Side Street (G) 10’min. 20’max 10’min. 20’max 10’min. 20’max. Side: (H) Main Building 10’min. 10’min.8 10’min. Accessory Structure 5’min. 5’min. 5’min. Rear: (I) Main Building 20’min. 20’min. 20’min. Accessory Structure 5’min. 5’min. 5’min. Façade within a Façade Zone Front 75% min. 75% min. 75% min. Side Street 50% min. 50% min. 50% min. 38 Place Type: Mixed Use Community Center 9 All garages shall be screened along the front and the side street by habitable space. 10 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf Parking 9 T4-MS T4-F T4N-MV Required Spaces 10 Residential Uses No Spaces Required 1/1500 sf min.11 No Spaces Required Lodging Uses 1/room max. 1/room max. - Retail or Service Uses: 12,13 < 3,500 sf No Spaces Required No Spaces Required No Spaces Required >3,500 sf 1/1000 sf max. 2/1000 sf min. 2/1000 sf min. Location (Distance from ROW/Lot Line) Front Setback (J) 40’min. 40’min. 40’min. Side Street Setback (K) 15’min. 15’min. 15’min. Side Setback (L) 0’ 0’ 0’ Rear Setback (M) 0’ 0’ 0’ Miscellaneous Parking Drive Width: (N) Front <40 spaces 14’max. 14’max. 14’max. Front ≥40 spaces 18’max. 18’max. 18’max. Side Street/Alley 20’max. 20’max. 20’max 39 Place Type: Mixed Use Community Center 14 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley RO W or across a lot line. Encroachments and Frontage Types T4-MS T4-F T4N-MV Allowed Encroachments 14,15 Front (O) 10’max. 10’max. 8’max. Side Street (P) 3’max. 3’max. 8’max. Side (Q) 0’ 0’ 2’-6”max. Rear (R) 5’max. 5’max. 2’6”max. Allowed Frontage Types Common Yard X Dooryard X X X Forecourt X X X Gallery X X Porch: Engaged X Porch: Projecting X Shopfront X X Stoop X X X 40 Place Type: Mixed Use Community Center Use Table T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Residential Dwelling: Attached P P P Detached - - - Multi-Family SUP SUP SUP Accessory Dwelling - - - Home Occupation P P P Retail General Retail: Floor Area <10,000 sf P P P Floor Area ≥10,000 sf SUP SUP SUP Eating or Drinking: Floor Area <10,000 sf P P P Floor Area ≥10,000 sf SUP SUP SUP Drive Thru Services SUP SUP SUP Outdoor Entertainment SUP SUP SUP Services Animal Services P P P Boarding - - - Bank/Financial P P P Drive Thru Services - - - Day Care Center - SUP SUP Lodging: Bed and Breakfast SUP SUP SUP Hotel/Inn SUP SUP - Medical Clinic P P P Doctor/Dentist Office P P P Office – Professional P P P Personal Services P P P Recreation, Education, Public Assembly Meeting Facilities SUP SUP SUP 41 Key Use Table Notes P Permitted Use See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. SUP Special Use Permit CUP Conditional Use Permit Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Form Based Code. - Prohibited Use Use Table - Continued T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Park, Open Space, Playground P P P Public Safety Facility P P P Recreation Facility: Indoor <1,500 sf SUP SUP SUP Indoor ≥1,500 sf SUP SUP SUP Outdoor P SUP SUP Religious Assembly P P P School: Public or Private SUP SUP SUP Studio: Art, Music, Dance P P P Agriculture Community Gardens - P P Farmer’s Market P P SUP Industry, Manufacturing, and Processing Artisan Production P P SUP Limited Production SUP SUP - Furniture and Fixture Manufacturing - SUP - Media Production SUP SUP SUP Printing and Publishing P P SUP Transportation, Communication, Infrastructure Parking Facility: Public or Private - - - Utility SUP SUP SUP Wireless Telecommunications: Antenna <20’ SUP SUP SUP Antenna ≥20’ SUP SUP - Facility SUP SUP SUP Accessory Accessory Building Structure P P P 42 43 44 45 46 20.110.014(c) (3) Place Types Place Type: Mixed Use Village Center Location: State Route 9 and 204th Street, 204th Street and 67th Avenue, 211th Street and 67th Avenue Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Medium Volume (T4N-MV), T4 Neighborhood Small Volume (T4N-SV) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. Characteristics: Attached or detached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Street facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Mixed Use Street, Residential Avenue T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 4 stories Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Village Center Street Types: Passage, Mixed Use Street, Alley, Residential Street, and Mixed Use Avenue 47 Place Type: Mixed Use Village Center T4N-SV Intent: To provide a variety of urban housing choices, in small to medium volume and footprint, medium to high intensity building types which reinforce the walkable nature of the neighborhood, support local serving retail and service uses adjacent to this zone, and support public transportation alternatives. Characteristics: Detached or attached Narrow to medium lot width Small to medium footprint Small to no setbacks Up to 2 stories Elevated ground floor Primarily with stoops and porches Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to local serving commercial activity located along primary streets. Predominate Land Uses: A diverse mix of residential building types, and small neighborhood supporting services and commercial uses. Street types: Alley, Residential Street T4N-MV Intent: To provide a variety of housing choices within the Village Center, with medium building volume, medium density building types which reinforce the walkable nature of the neighborhood, support local serving commercial activity in this mixed use center, and encourage public transportation alternatives. Characteristics: Detached or attached Medium to large lot width Medium to large front setback Small to medium side setback Up to 3 stories Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to regional serving commercial activity located along primary streets. Predominate Land Uses: The primary land use focus of the T4N-MV transect areas within Village Centers is with medium density residential in a variety of medium volume formats. Buildings are set back from ROW’s, with the possibility of ancillary buildings behind the primary residence. The variety of housing choices reinforce the walkable nature of this residential area. Street types: Passage, Alley, Residential Street, Residential Avenue 48 Place Type: Mixed Use Village Center Allowed Building Types T4-MS T4-F T4N-SV T4N-MV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building - - 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 150’ max. Flex Building min. / min. Max. min. / min. Max. - - Live/Work 18’ min. / 80’min. 35’ max. 18’ min. / 80’min. 35’ max. - - Main Street Building 50’min. / 100’min. 150’max. 25’min. / 100’min. 150’max. - - Mid Rise 100’ min. / 100’min. 200’ max. 100’ min. / 100’min. 200’ max. - 50’ min. / 80’min. 75’ max. Multiplex Medium - 50’min. / 100’ min. 100’max. 50’min. / 100’ min. 100’max. 50’min. / 100’ min. 100’max. Multiplex Large 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. - 75’min. / 100’ min. 100’max. Row House / Townhouse - 18’ min. / 80’min. 35’ max. 18’ min. / 80’min. 75’ max. 18’ min. / 80’min. 45’ max. Stacked Flats 100’min. / 100’min. 150’max. 100’min. / 100’min. 150’max. - - 49 Place Type: Mixed Use Village Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 Loading docks, overhead doors and other service entries may not be located on street -facing facades. 4 4 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot , as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Date Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half -story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. Building Form 1,2,3 T4-MS T4-F T4N-SV T4N-MV Height Main Building: (C) 20’min. 3 stories max.4 20’min. 3 stories max.4,5 2 stories max. 40’max. 3 stories Accessory Structure Dwelling 1 story max. 1 story max. 1 story max. 1 story max. Other 1 story max. 2 story max. 1 story max. 1 story max. Ceiling Height; Ground Floors: (E) Residential 10’min. clear 12’min. clear - 10’min. clear Retail or Service 12’min. clear 12’min. clear - 12’min. clear Ceiling Height; Upper Floors (F) 8’ min. clear 8’ min. clear - 8’ min. clear Ground Floor Finish Level: (D) Residential 18”min. 18”min. - 18”min. Retail or Service 6”max. 0”max. - 6”max. Footprint Depth Ground Floor Space: Residential 40’min. 30’min. - 30’min. Retail or Service 40’min. 24’max. - 30’min. Accessory Structure(s): Width 24’max. 24’max. 20’max. 24’max. Depth 36’max. 36’max. 25’max. 36’max. Distance Between Front Entries: Entries to Ground Floor 50’max 50’min. 50’min. 50’min. Entries to Upper Floor(s) 100’max 100’min. 100’min. 100’min. 50 Place Type: Mixed Use Village Center 6 On corner lots, the BTL must be defined by a building for the first 50’ of the corner. 7 Where existing building are in front of the regulated setback, the building may be set to align with the façade of the most i mmediate adjacent property. 8 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement T4-MS T4-F T4N-SV T4N-MV Build-to-Lines Front (F) 0’min. 10’max.6,7 0’ - 0’min. 20’max Side Street (G) 0’min. 10’max. 0’ - 0’min. 20’max BTL Defined by a Building: Front 90% min. 40% min. - 90% min. Side Street 75% min. 50% min. - 80% min. Side: Main Building 0’min. 0’min.8 - 10’min. Accessory Building 5’min. 0’min. - 5’min. Setbacks Front (F) - - 5’min. 15’max. - Side Street (G) - - 5’min. 10’max. - Side: (H) Main Building - - 5’min. 9’max. - Accessory Structure - - 5’min. - Rear: (I) Main Building - - 5’min. - Accessory Structure - - 5’min. - 51 Place Type: Mixed Use Village Center 9 All garages shall be screened along the front and the side street by habitable space. 10 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf Parking 9 T4-MS T4-F T4N-SV T4N-MV Required Spaces 10 Residential Uses 1/1000 sf min.11 1/1500 sf min. No Spaces Required No Spaces Required Lodging Uses 1/ room max. 1/ room max. - 1/ room max. Retail or Service Uses: 12,13 < 3,500 sf No Spaces Required No Spaces Required No Spaces Required No Spaces Required >3,500 sf 1/1000 sf min. 1/1500 sf min. - 2/1000 sf min. Location (Distance from ROW/Lot Line) Front Setback (J) 50’ from BTL 40’min. 30’min. 30’min. Side Street Setback (K) 0’min. 10’max. 6’min 10’min. 10’min. Side Setback (L) 0’ 0’ 0’ 0’ Rear Setback (M) 10’min. 5’min. 5’min. 5’min. Miscellaneous Parking Drive Width: (N) Front <40 spaces 14’max. 14’max. 14’max. 14’max. Front ≥40 spaces 18’max. 18’max. 18’max. 18’max. Side Street/Alley 20’max. 20’max. 20’max. 20’max. 52 Place Type: Mixed Use Village Center 14 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley RO W or across a lot line. Encroachments and Frontage Types T4-MS T4-F T4N-SV T4N-MV Allowed Encroachments 14,15 Front (O) 14’max. 14’max. 8’max. 10’max. Side Street (P) 14’max. 10’max. 8’max. 8’max. Side (Q) 0’ 0’ 2’-6”max. 0’ Rear (R) 5’max. 5’max. 2’6”max. 2’6”max. Allowed Frontage Types Dooryard X X Forecourt X X X Gallery X X Porch: Engaged X Porch: Projecting X Shopfront X X Stoop X X X X 53 Place Type: Mixed Use Village Center Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Residential Dwelling: Attached SUP SUP P P Detached SUP SUP P SUP Multi-Family SUP SUP SUP SUP Accessory Dwelling - - P - Home Occupation P P P P Retail General Retail: Floor Area <10,000 sf P P - SUP Floor Area ≥10,000 sf P SUP - SUP Eating or Drinking: Floor Area <10,000 sf P P - SUP Floor Area ≥10,000 sf P P - SUP Drive Thru Services - SUP - - Outdoor Entertainment SUP SUP - - Services Animal Services P P - SUP Boarding - - - - Bank/Financial P P P - Drive Thru Services - SUP - - Day Care Center - P - SUP Lodging: Bed and Breakfast P P - SUP Hotel/Inn SUP - - - Medical Clinic P P - SUP Doctor/Dentist Office P P - P Office – Professional P P - SUP Personal Services P P - SUP Recreation, Education, Public Assembly Meeting Facilities P SUP - SUP 54 Key Use Table Notes P Permitted Use See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. SUP Special Use Permit CUP Conditional Use Permit Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Form Based Code. - Prohibited Use Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Park, Open Space, Playground - - P P Public Safety Facility P SUP - SUP Recreation Facility: Indoor <1,500 sf P SUP - SUP Indoor ≥1,500 sf P SUP - SUP Outdoor P - - - Religious Assembly P P SUP SUP School: Public or Private - SUP - - Studio: Art, Music, Dance P SUP SUP SUP Agriculture Community Gardens - - P P Farmer’s Market P P - - Industry, Manufacturing, and Processing Artisan Production P P - SUP Limited Production P SUP - - Furniture and Fixture Manufacturing P SUP - - Media Production P SUP - SUP Printing and Publishing SUP SUP - SUP Transportation, Communication, Infrastructure Parking Facility: Public or Private SUP SUP - - Utility P P - SUP Wireless Telecommunications: Antenna <20’ - SUP - SUP Antenna ≥20’ - SUP - - Facility - SUP - SUP Accessory Accessory Building Structure P P P P 55 56 20.110.014(c) (4) Place Types Place Type: Mixed Use Urban Center Location: State Route 531 from Interstate 5 to 51st Avenue, State Route 531 from 59th Avenue to 67th Avenue, Smokey Point Boulevard from 164th Street to 173rd Street Use Intensity Transects: T5 Main Street (T5-MS), T5 Flex (T5-F), T5 Neighborhood Large Volume (T5N-LV), T5 Neighborhood Medium Volume (T4N-MV) T5-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings in a residential form that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 4 stories Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the corridor. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the Center’s main boulevard core to more moderate density and moderate volume residential uses along the edge of the Urban Center. Street Types: Passage, Mixed Use Street, Alley, and Mixed Use Avenue T5N-LV Intent: To provide an urban form that can accommodate a very diverse range of uses to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential thus providing a vibrant mix of activities to energize the streets. Characteristics: Attached Medium to large lot width Buildings at ROW Medium to large footprint Small to no side setbacks Up to 4 stories Diverse mix of frontages First floor flush with sidewalk Key Features: Mix of medium density building types with a variety of forms which provide a variety of horizontal and vertical mixed use. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s core to more moderate density and moderate volume residential uses along the edge of the Urban Center. Street types: Passage, Alley, Residential Avenue, and Mixed Use Avenue 57 Place Type: Mixed Use Urban Center T5-MS Intent: To provide a variety of housing choices within the Urban Center, with medium to large building volume, medium density building types which reinforce the walkable nature of the neighborhood, support regional serving commercial activity in this mixed use corridor, and encourage public transportation alternatives. Characteristics: Attached Medium to large lot width Small to no primary setbacks Small to no side setbacks Up to 5 stories Simple wall plane along street Attached housing with higher densities Key Features: Linear corridors with high connectivity, providing a mix of high density housing types contained within a walkable street network, adjacent to regional serving commercial activity located along primary streets with a diverse mix of frontage types. Predominate Land Uses: The primary land use focus of the T5-MS transect areas within Urban Centers is with high density residential in a variety of medium to large volume formats. Buildings are built to ROW’s, with the possibility of ancillary buildings behind the primary structure. The variety of housing choices reinforce the walkable nature of this vibrant commercial and residential mixed area, provides the opportunity for affordable housing, and provides critical population densities for Transit development. Street types: Passage, Alley, Mixed Use Street, Mixed Use Boulevard, and Mixed Use Avenue T5N-MV Intent: To provide a variety of urban housing choices in medium volume, medium to high density building types, which reinforce the neighborhood’s walkable nature, support community serving retail and service uses adjacent to this zone, and support multi-modal transportation choices. Characteristics: Detached or attached Medium to large lot width Buildings at or near ROW Flush ground floor Small to no side setbacks Up to 3 stories Small to medium footprint Key Features: Primary Boulevard with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Boulevard facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Residential Avenue, and Residential Street 58 Place Type: Mixed Use Urban Center Allowed Building Types T5-MS T5-F T5N-LV T5N-MV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building 75’min. / 80’ min. 100’ max. - - 75’min. / 100’ min. 200’ max. Flex Building 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 100’ max. 75’min. / 100’ min. 200’ max. Live/Work 18’ min. / 80’min. 35’ max. 18’ min. / 80’min. 35’ max. - - Main Street Building 25’min. / 100’min. 150’max. 25’min. / 100’min. 150’max. - - Mid Rise 100’ min. / 100’min. 200’ max. - 100’ min. / 180’min. 200’ max. 75’min. / 100’ min. 200’ max. Multiplex Medium 50’min. / 100’ min. 100’max. 50’min. / 100’ min. 100’max. 50’min. / 100’ min. 100’max. 50’min. / 100’ min. 100’max. Multiplex Large 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. Row House / Townhouse 18’ min. / 80’min. 35’ max. 18’ min. / 80’min. 35’ max. - 18’ min. / 80’min. 35’ max. Stacked Flats 100’min. / 100’min. 200’max. 100’min. / 100’min. 150’max. 125’min. / 180’min. 500’max. 100’min. / 100’ min. 100’max. 59 Place Type: Mixed Use Urban Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 Loading docks, overhead doors and other service entries may not be located on street -facing facades. 4 T5-MS: 5 stories, T5-F and T4N-LV: 4 stories; maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Date Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) B uilding Heights and Transitions. Building Form 1, 2, 3 T5-MS T5-F T5N-LV T5N-MV Height Main Building: (C) 4 stories max.4 3 stories max.4,5 3 stories max.4 3 stories max. Accessory Structure 1 story max. 2 stories max. 1 story max. 1 story max. Ceiling Height; Ground Floors: (E) Residential 8’min. clear 8’min. clear 9’min. clear 10’min. clear Retail or Service 12’min. clear 12’min. clear 14’min. clear 12’min. clear Ceiling Height; Upper Floors (F) Residential 8’min. clear 8’min. clear 8’min. clear 8’min. clear Retail or Service 10’min. clear 10’min. clear 10’min. clear 10’min. clear Ground Floor Finish Level: (D) Residential <10’ from ROW 18”min. 18”min. 24”min. 24”min. Residential ≥10’ from ROW 0” 6”max. 0” 0” Retail or Service 6”max. 18”min. 6”max. 6”max. Footprint Depth Ground Floor Space: Residential 50’min. 30’min. 40’min. 40’min. Retail or Service 50’min. 30’min. 40’min. 40’min. Accessory Structure(s): Width 24’max. 24’max. 40’min. 24’max. Depth 36’max. 36’max. 40’min. 36’max. Distance Between Front Entries: Entries to Ground Floor 50’max. 50’min. 50’min. 50’min. Entries to Upper Floor(s) 100’max. 100’min. 100’min. 100’min. 60 Place Type: Mixed Use Urban Center 6 On corner lots, the BTL must be defined by a building for the first 50’ of the corner. 7 Where existing building are in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement T5-MS T5-F T5N-LV T5N-MV Build-to-Lines Front (F) 0’min. 10’max.6,7 0’ - 0’min. 20’max Side Street (G) 0’min. 10’max. 0’ - 0’min. 20’max BTL Defined by a Building: Front 90% min. 40% min. - 90% min. Side Street 75% min. 50% min. - 80% min. Side: Main Building 0’min. 0’min. - 10’min. Accessory Building 5’min. 0’min. - 5’min. Setbacks Front (F) - - 5’min. 15’max. - Side Street (G) - - 5’min. 10’max. - Side: (H) Main Building - - 5’min. 9’max.8 - Accessory Structure - - 5’min. - Rear: (I) Main Building - - 5’min. - Accessory Structure - - 5’min. - 61 Place Type: Mixed Use Urban Center 9 All garages shall be screened along the front and the side street by habitable space. 10 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 9 10 11 12,13 50’ from 40’min.30’min. 0’min. 10’max.6’min 10’min. 0’0’0’ 10’min.5’min.5’min. 14’max.14’max.14’max. Front ≥40 spaces 18’max.18’max.18’max. 20’max.20’max.20’max. 62 Place Type: Mixed Use Urban Center 14 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot lin e. Encroachments and Frontage Types T5-MS T5-F T5N-LV T5N-MV Allowed Encroachments Front (O) 14’max. 14’max. 8’max. 10’max. Side Street (P) 14’max. 10’max. 8’max. 8’max. Side (Q) 0’ 0’ 2’-6”max. 0’ Rear (R) 5’max. 5’max. 2’6”max. 2’6”max. Allowed Frontage Types Dooryard X X Forecourt X X X Gallery X X Porch: Engaged X Porch: Projecting X Shopfront X X Stoop X X X X 63 Place Type: Mixed Use Urban Center – Floor Area ≥10,000 sf Floor Area ≥10,000 sf – 64 Key Use Table Notes P Permitted Use See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. SUP Special Use Permit CUP Conditional Use Permit Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Form Bas ed Code. - Prohibited Use – Indoor ≥1,500 sf Farmer’s Market Antenna <20’ Antenna ≥20’ 65 66 67 68 20.110.014(c) (5) Place Types Place Type: Special District-1 Location: State Route 530 from Interstate 5 to Smokey Point Boulevard and along Smokey Point Boulevard from 200th Street to State Route 530. SD-1 Intent: To provide for commercial development consistent with existing context. Topography, floodplain and floodway regulations will likely limit development to larger scale commercial operations which are directly related to freeway visibility with easy access to interstate and international highway networks. Characteristics: Mix of Commercial Style Buildings Up to 5 Stories Medium to Large Volume Massing Ground Level First Floors Primarily Storefront Entries Small to Medium Setbacks Larger Parking Areas Behind Buildings Key Features: Primarily a mix of freeway related, auto oriented commercial activity, generally fuel sales, restaurants, motels, and travel centers. Street Types: Passage, Mixed Use Street, Alley, and Mixed Use Avenue Place Type: Special District-2 Location: North side of State Route 531 from approximately 43rd Avenue to 51st Avenue SD-2 Intent: Special District 2 is totally contained on Airport property. As such, it is subject to several layers of Federal regulations. To prevent the potential for incompatible land uses adjacent to airports, these regulations prohibit inclusion of residential units on airport property. However, this area is ideally suited for a mix of highway oriented commercial activity that is appropriate to the intensities of adjoining development. Characteristics: Mix of Commercial Style Buildings Up to 4 Stories Building At or Close to ROW Ground Level First Floors Primarily Storefront Entries Small to No Side Setbacks Larger Parking Areas Behind Buildings Medium Volume Massing Key Features: To provide a mix of non-residential commercial uses compatible with adjacent mixed use residential to the West and Business Park development to the North and East. Street types: Passage, Alley, Residential Avenue, and Mixed Use Avenue 69 Place Type: Special District 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 100’ max. 75’min. / 80’ min. 100’ max. 18’ min. / 80’min. 35’ max. 25’min. / 100’min. ’max. 25’min. / 100’min. 150’max. 100’ min. / 100’min. 200’ max. 70 Place Type: Special District 1Subject to the height limitations of the Federal Aviation Regulations Part 77 limitations of the Airport Protection District (AMC 20.38) Building Form SD-1 SD-2 Height Main Building: (C) 5 stories max. 4 stories max.1 Accessory Structure 1 story max. 2 stories max.1 Ceiling Height; Ground Floors: (E) Residential - - Retail or Service 12’min. clear 12’min. clear Ceiling Height; Upper Floors (F) Retail or Service 10’min. clear - Ground Floor Finish Level: (D) Retail or Service 6”max. - Footprint Depth Ground Floor Space: Retail or Service 50’min. 30’min. Accessory Structure(s): Width - 24’max. Depth - 36’max. 71 Place Type: Special District Building Placement SD-1 SD-2 Build-to-Lines Front (F) 0’min. 10’max. 0’ Side Street (G) 0’min. 10’max. 0’ BTL Defined by a Building: Front 90% min. 40% min. Side Street 75% min. 50% min. Side: Main Building 0’min. 0’min. Accessory Building 5’min. 0’min. Setbacks Front (F) - - Side Street (G) - - Side: (H) - - Main Building - - Accessory Structure - - Rear: (I) - - Main Building - - Accessory Structure - - 72 Place Type: Special District 50’ from BTL 40’min. 0’min. 10’max.6’min 0’0’ 10’min.5’min. 14’max.14’max. Front ≥40 spaces 18’max. 18’max. Side Street/Alley 20’max. 20’max. 73 Place Type: Special District Encroachments and Frontage Types SD-1 SD-2 Allowed Encroachments Front (O) 14’max. 14’max. Side Street (P) 14’max. 10’max. Side (Q) 0’ 0’ Rear (R) 5’max. 5’max. Allowed Frontage Types Dooryard X Forecourt X X Porch: Engaged Porch: Projecting Shopfront X X Stoop X 74 Place Type: Special District – Floor Area ≥10,000 sf Floor Area ≥10,000 sf – 75 Key Use Table Notes P Permitted Use See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. SUP Special Use Permit CUP Conditional Use Permit Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Form Based Code. - Prohibited Use – Indoor ≥1,500 sf Farmer’s Market Antenna <20’ Antenna ≥20’ 76 77 78 20.110.014(d) Private Frontage Types Allowed Not Allowed Common Yard: . T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Dooryard T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Forecourt T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Gallery T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 79 Allowed Not Allowed Porch Engaged: T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Porch Projecting: T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Shopfront and Awning T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Stoop T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 80 Common Yard Section Plan Lot ROW Lot ROW A. Description In the Common Yard frontage type, the main façade of the building has a large planted setback from the frontage line providing a buffer from the higher speed thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape and working in conjunction with the other private frontages. B. Size Depth (A) 20’ min. C. Miscellaneous (B) Fences between front yards or between the sidewalk and front yard are not allowed. (C) Common Yards shall be used in conjunction with another allowed frontage type, such as the Porch Frontage Type. 81 Dooryard Section Plan Lot ROW Lot ROW A. Description The frontage line is defined by a low wall or hedge and the main façade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential, live/work, and small commercial uses < 2500sf. B. Size Depth, clear (A) 8’ min. Length (B) 50’ max. Distance between glazing (C) 4’ max. Ground floor transparency 50% min.1 Depth of recessed entries 5’ max Path of Travel (D) 3’ wide min. Finish level above sidewalk (E) 3-6” max. Finish level below sidewalk (F) 6’ max. C. Miscellaneous For live/work and Commercial uses, these standards are to be used in conjunction with those for shopfront Frontage Types. In case of conflict between them, the Dooryard standards shall prevail. Low walls (12”-36”) used as seating are encouraged and shall not be used for circulation for more than one ground floor entry. 1 For Live/Work and Commercial uses only. 82 Forecourt Section Plan Lot ROW Lot ROW A. Description The main façade of this building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area. B. Size Width, clear (A) 12’ min. Depth, clear (B) 12’ min. Ratio, height to width (C) 2:1 max. C. Miscellaneous Forecourts should be used sparingly, and should not be repeated along a block frontage. The proportions and orientations of these spaces should be carefully considered for solar orientation and user comfort. 83 Gallery Section Plan Lot ROW Lot ROW A. Description The main façade of the building is at the frontage line And the gallery element overlaps the sidewalk. This Type is intended for buildings with ground floor commercial Uses and may be one or two stories. The gallery should Provide the primary circulation along a frontage and Extent far enough from the building to provide adequate Protection and circulation for pedestrians. B. Size Depth, clear (A) 8’ min. Ground floor height, min. (B) 12’ min. Upper floor height, clear (C) 9’ min. Height (D) 2 stories, max Setback from curb (E) 2’ min. C. Miscellaneous These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the gallery standards shall prevail. 84 Porch Engaged Section Plan Lot ROW Lot ROW A. Description The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engage porch has two adjacent sides of the porch that are engaged to the building while the other two are open. B. Size Width, clear (A) 10’ min. Depth, clear (B) 8’ min. Height, clear (C) 8’ min. Height 2 stories, max Furniture area, clear (D) 4’ x 6’ min. Path of travel (E) 3’ wide, min. C. Miscellaneous Up to 40% of the building façade may project beyond the setback line into the encroachment area for this frontage type. Engaged porches must be open on two sides and have a roof. 85 Porch Projecting Section Plan Lot ROW Lot ROW A. Description The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides and all habitable space is located behind the setback line. B. Size Width (A) 10’ min. Depth, clear (B) 8’ min. Height, clear (C) 8’ min. Height 2 stories, max Furniture area, clear (D) 4’ x 6’ min. Path of travel (E) 3’ wide, min. C. Miscellaneous Projecting porches are open on three sides and must have a roof. 86 Shopfront Section Plan Lot ROW Lot ROW A. Description The main façade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overhang the sidewalk. It may be used in conjunction with other frontage types. B. Size (A) Distance between glazing 2’ max. Ground floor transparency (Section 20.11 Arch. Standards) 75% min. Depth of recessed entries 5’ max. C. Awning 2 stories, max Depth (B) 4’ min. Setback from curb (C) 2’ min. Height, clear (D) 8’ min. D. Miscellaneous Residential windows shall not be used. Doors may be recessed as long as main façade is at BTL. Open-ended awnings are encouraged. Rounded and hooped awnings are discouraged. Shopfronts with accordion-style doors/windows or other operable windows that allow the space to open to the street are encouraged. 87 Stoop Section Plan Lot ROW Lot ROW A. Description The main façade of the building is near the frontage line and the elevated stop engages the sidewalk. The Stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks. B. Size Width, clear (A) 5’ min. – 8’ max. Depth, clear (B) 5’ min. – 8’ max. Height, clear (C) 8’ min. Height 1 story, max Depth of recessed entries (D) 6’ max. 88 20.110.014(e) Building Types This Subsection provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a detached house may have non-residential uses within it, such as a restaurant or office. Table 20.110-2 (Building Types General) provides an overview of building types. 1 The lot size standards for each building type is codified in the transect zones. (See 20.110.014(c), Place Types). The lot size designates the range of lot sizes on which the given building type is allowed to be built. If the lot is smaller or larger than the allowed lot size, a different building type shall be selected. 2 Each lot shall only have one building type, except as follows: i. Where allowed by the applicable zone in Section 20.110.014(c) (Place Types) and primary building type, one Carriage House is also allowed; and/or: ii. More than one building type is allowed on a lot if the submitted building permit application includes a site plan that meets all the requirements of Section 20.110.014(c) (Place Types). 3. The Carriage House building type is the only accessory structure in which accessory dwelling units are allowed in transect zones. 4. Secondary wings and accessory structures shall have a smaller footprint, a narrower width, and a depth not greater than the main building. 89 Table 20.110-3 Building Types – Allowed Transect Zones Carriage House. This building type is an accessory structure typically located at the rear of a lot. It typically provides either a small residential unit, home office space, storage, or other small commercial or service use that may be above a garage or at ground level. This type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Cottage Court. This building type consists of a series of small, detached structures providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element of this type. This type is appropriately scaled to fit within primarily single-family or medium- density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Courtyard Building. The Courtyard building type is a medium to large building typically located at the front of a lot. The structure consists of multiple stacked and/or adjacent units accessed primarily from a courtyard defined on three sides by the building and open on one side to the fronting street. The shared courtyard provides a place of common yard or gathering space. The courtyard building would be best suited along a main street or in higher density neighborhoods. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Duplex, Vertical. This building type is a small to medium sized structure that consists of two side-by-side or stacked dwelling units, both facing the street and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fi t within primarily single- family neighborhoods or medium-density neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing ty pes and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Flex. The Flex building type is a medium to large sized structure, 1 to 3 stories tall, build of a large lot that incorporates structured parking. It can be used to provide a vertical mix of uses with ground floor light industrial, service, or retail uses and upper floor service or residential uses. The ground floor can be initially used for residential until the commercial market matures at which time the space can be converted to higher commercial use. This type is a primary component of an urban flexible neighborhood that provides a mix of buildings that can readily change use over time. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Live/Work. This building type is a small to medium-sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. Both the ground-floor flex space and the unit above are owned by one entity. This type is typically located within medium-density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood-serving retail and service uses and allowing neighborhood main streets to expand as the market demands. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Allowed Not Allowed 90 Main Street Mixed-Use. This building type is a small-to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor retail, or service uses and upper-floor service, or residential uses. This type makes up the primary component of a neighborhood main street a nd portions of a downtown main street, therefore being a key component to providing walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Mid-Rise. This building type is medium to a medium-to large-sized structure, built on a large lot that typically incorporates structured parking. It can be used to provide a vertical mix of uses with ground-floor retail, or service uses and upper-floor service, or residential uses; or it may be used as a single-use building, typically service or residential, where ground floor retail is not appropriate. This type is a primary component of a downtown main street and higher densities that promote walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Multi-Plex: Medium This building type is a medium structure that consists of 3-8 side-by-side and/or stacked dwelling units typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized family home and is appropriately scaled to fit sparingly within primarily single- family neighborhoods or into medium-density neighborhoods. This type enables appropriately-scaled, well- designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Multi-Plex: Large. This building type is a medium-to large-sized structure that consists of 8-20 side-by-side and/or stacked dwelling units, typically with one shared entry. This type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Row House / Townhouse. This building type is a small-to medium sized typically attached structure that consists of 2-8 row houses placed side-by-side. In a feature unique to Cincinnati, this type may also occasionally be detached with minimal separations between the buildings. This type is typically lo cated within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately -scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Stacked Flats. This building type is a medium-to large-sized structure that consists of multiple dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or may share a common entry. This type is appropriately scaled to fi t adjacent to neighborhood serving main streets and walkable urban neighborhoods. It enables appropriately- scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. This building type may include a courtyard. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Allowed Not Allowed 91 Carriage House A. Description H. Private Open Space The carriage House building type is an accessory structure typically located at the rear of a lot. This structure typically provides either a small residential unit, storage space, home office space, or other small commercial or service use that may be above a garage or at ground level. This building type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. The private open space requirements for the lot shall be determined by the main building on the lot. No additional private open space is required by a carriage house. E. Allowed Frontage Types Stoop Carriage houses are not required to have a frontage type. F. Pedestrian Access Main Entrance Location: Side Street Alley Internal to the Lot The main entrance may not be through a garage. B. Lot G. Vehicle Access and Parking Only allowed on lots where the main building has a residential use and is one of the following building types: Duplex, Row House, and Multi-Plex: Small. Parking may be accessed from the alley, side street or front street. C. Number of Units Parking may only be accessed from the front when there are no adjacent alley or side street. Miscellaneous Units per Building 1 max. Carriage Houses per Lot 1 max. Carriage houses shall not be taller or have a larger footprint than the main building on the lot. D. Building Size and Massing Height Footnotes Per transect zone standards in Section 20.110.014(c). Main Body 1 Carriage houses may be connected to the main building by an uninhabitable space such as a breezeway. Width (A) 36’ max. Depth (B) 30’ max. Separation from Main Building (C) 10’ min.1 92 Cottage Court A. Description F. Common Open Space The cottage court Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear and becomes an important community enhancing element of this type. The type is appropriately scaled to fit within primarily single family or medium density neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, the potential for affordable housing and the promotion of walkability. Width (D) 20’ min. Depth (E) 20’ min. Area 400 sf per unit min. D. Allowed Frontage Types Porch: Projecting Stoop E. Pedestrian Access Main Entrance Location (C): Front Street B. Number of Units Units per Building 1 max. Cottage Buildings per Lot 3 min.: 9 max. Miscellaneous C. Building Size and Massing Height 1-1/2 stories max. Required street setbacks and driveways shall not be included in the private open space calculation. Main Body Width (A) 32’ max. Depth (B) 24’ max. 93 Courtyard Building A. Description F. Private Open Space The Courtyard building type is a medium to large building typically located at the front of a lot. The structure consists of multiple stacked and/or adjacent units accessed primarily from a courtyard defined on three sides by the building and open on one side to the fronting street. No private open space requirement. G. Common Areas Courtyard area shall be common open space. D. Allowed Frontage Types Stoop E. Pedestrian Access Pedestrian connections shall link all buildings to the public right of ways, courtyards, and parking areas The primary entry of ground floor units shall be directly off of a courtyard or street. No more than 3 units may enter from one stoop. B. Courtyard (s) On corner lots, units in side street facing wing may enter from the side street. Width (A) 20’ min.; 50’ max. Width-to-Height Ratio1 (B) 1:2 min.; 2:1 max. Courtyards shall be accessible from the front street. Miscellaneous Depth from front of building (C) 20’ min.; 50’ max. Depth-to-Height Ratio1 (B) 1:1 to 3:1 Each unit may have an individual entry. A minimum of three courtyard edges shall be defined by the building. Area Total 400 sf min.; 50 sf/unit min. C. Building Size and Massing Minimum 75% of units shall front onto the courtyard. Main Body Footprint Width (D) 100’ max. Depth (E) 100’ max. Footnotes Wing Footprint 1 Height must also comply with height standards in each transect. Width (F) 28’ max. Depth (G) 50’ max. 94 Duplex, Vertical A. Description H. Private Open Space The Duplex Building Type is a small to medium sized structure that consists of two side by side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single family home and is appropriately scaled to fit within primarily single family neighborhoods or medium density neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types and promoting neighborhood walkability Width (D) 15’ per unit min. Depth (E) 15’ per unit min. Area 300 sf per unit min. D. Allowed Frontage Types Porch: Engaged Porch: Projecting Stoop Common Yard Dooryard E. Pedestrian Access Main Entrance Location (C): Front Street Each unit shall have an individual entry facing the street on or no more than 10’ behind the façade. On corner lots each unit shall front a different street. B. Number of Units Miscellaneous Units per Building 2 max. Duplexes per Lot 1 max. Required street setbacks and driveways shall not be included in the private open space area calculations. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Required private open space shall be located behind the main body of the building. Width (A) 48’ max. Secondary Wing (S) Width (B) 30’max. 95 Flex Building A. Description F. Private Open Space The Flex building type is a medium to large sized structure, 1 to 3 stories tall, build of a large lot that incorporates structured parking. It can be used to provide a vertical mix of uses with ground floor light industrial, service, or retail uses and upper floor service or residential uses. The ground floor can be initially used for residential until the commercial market matures at which time the space can be converted to higher commercial use. This type is a primary component of an urban flexible neighborhood that provides a mix of buildings that can readily change use over time. No private open space requirement. D. Allowed Frontage Types Forecourt Shopfront Gallery Stoop E. Pedestrian Access (D): Ground floor units may have individual entries along the front street or side street. B. Number of Units Unrestricted C. Building Size and Massing Height 2 story min.: 4 story max. Height shall also comply with transect zone standards in Section 20.110.014(c). Main Body Width (A) 150’ max. Secondary Wing (s) Width (B) 60’max. Depth (C) 60’ max. 96 Live / Work A. Description F. Private Open Space The Live/Work building type is a small to medium sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. In limited situations, this building type can be used for some incubator light industrial applications as well. Both the ground floor flex space and the unit above are owned by one entity. This type is typically located within medium density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood serving retail and service uses and allowing neighborhood main streets to expand as the commercial market matures. Width (C) 20’ min. Depth (D) 20’ min. Area 15% of total lot D. Allowed Frontage Types Forecourt Dooryard Shopfront Gallery E. Pedestrian Access Main Entrance Location (C): Front Street Ground floor space and upper unit shall have separate entries. B. Number of Units Footnotes Units per Building 4 max. Each Live / Work pair of units shall be used by the same owner. 1 Height shall also comply with transect zone standards in Section 20.110.014 (c) Live / Work Buildings per Lot 2 max. C. Building Size and Massing Height 2 stories max. 4 stories max.1 Main Body Width (A) 18’ min.: 36’ max. 97 Main Street Building A. Description F. Private Open Space The Main Street Mixed Use building type is a small to medium sized structure, typically attached, intended to provide a vertical mix of uses with ground floor retail or service uses and upper floor service or residential uses. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to a walkable quality place. No private open space requirement. D. Allowed Frontage Types Forecourt Dooryard Shopfront Gallery E. Pedestrian Access (D) Upper floor units located in the main building shall be accessed by a common entry along the front street. (E) Ground floor units may have individual entries along the front street or side street. (F) On corner lots, units in a secondary wing/accessory structure may enter from the side street. B. Number of Units Footnote Units per Building 2 min. C. Building Size and Massing Height 2 stories min. 5 stories max.1 Main Body 1 Height shall also comply with transect standards in Section 20.110.014 (c) Width (A) 150’ max. Secondary Wing (s) Width (B) 100’ max. Depth (C) 65’ max. 98 Mid-Rise A. Description F. Private Open Space This building type is medium to a medium-to large- sized structure, built on a large lot that typically incorporates structured parking. It can be used to provide a vertical mix of uses with ground-floor retail, or service uses and upper-floor service, or residential uses; or it may be used as a single-use building, typically service or residential, where ground floor retail is not appropriate. This type is a primary component of a downtown main street and higher densities that promote walkability. No private open space requirement. D. Allowed Frontage Types Dooryard Forecourt Gallery Shopfront Stoop E. Pedestrian Access Upper-Floor (D) Units shall be accessed by a common entry along the front street. Ground-Floor (E) Units may have individual entries along the front street or side street. B. Number of Units G. Courtyard (s) Unrestricted Courtyards where provided shall meet the following standards: C. Building Size and Massing Width (F) 20’ min.; 50’ max. Height Width-to-Height Ratio 1:2 to 2:1 Per transect zone standards in Section 20.110.014(c). Depth (G) 20’ min.; 150’ max. Main Body Depth-to-Height Ratio 1:1 to 3:1 Floors 1-2 Width (A) 150’ max. Miscellaneous Depth (B) 150’ max. The floorplate of any floor may not be larger than the floor below. Floors 3+ Width (C) 65’ max. 99 Multi-Plex: Medium A. Description F. Private Open Space The Multiplex Medium building type is a medium structure that consists of a maximum of 10 side by side or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a medium sized family home and is appropriately scaled to fit sparingly within primarily single family neighborhoods or into medium density neighborhoods. This type enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, particularly affordable housing, and promoting local walkability. Width (F) 8’ min. Depth (G) 8’ min. Area 100 sf min. D. Allowed Frontage Types Porch: Engaged Porch: Projecting Stoop E. Pedestrian Access Main Entrance Location (E): Front Street Each unit may have an individual entry. B. Number of Units Miscellaneous Units per Building 10 max. Small Multiplex per Lot 1 max. The footprint area of an accessory structure may not exceed the footprint of the main body of the building. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Required street setbacks and driveways shall not be included in the private open space calculation. Width (A) 48’ max. Depth (B) 48’ max. Secondary Wing (s) Required private open space shall be located behind the main body of the building. Width (C) 30 ’max. Depth (D) 30’ max. 100 Multi-Plex: Large A. Description F. Private Open Space The Multiplex: Large building type is a medium to large size structure that consists of 11 or more side by side and/or stacked dwelling units, typically with one shared entry. This type is appropriately scaled to fit within medium density neighborhoods or sparingly within large lot predominately single family neighborhoods. This type enables appropriately scaled, well designed higher densities and is important for providing a broad choice or housing types, including the potential for affordable housing and promoting walkable neighborhoods. No private open space requirement. D. Allowed Frontage Types Porch: Projecting Forecourt Stoop E. Pedestrian Access Main Entrance Location (E): Front Street Each unit may have an individual entry. B. Number of Units Miscellaneous Units per Building 11 min. Large Multiplex per Lot 1 max. The footprint area of an accessory structure may not exceed the footprint of the main body of the building. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Units located in the main body shall be accessed by a common entry along the front street. Width (A) 80’ max. Depth (B) 75’ max. Secondary Wing (s) On corner lots, units in a secondary wing may enter from the side street. Width (C) 48 ’max. Depth (D) 36’ max. 101 Row House / Townhouse A. Description F. Private Open Space The Row House/Townhouse building type is a small to medium sized typically attached structure that consists of 2-8 Row Houses palace side by side. They may also be detached with minimal separation between the buildings. This type is typically located within medium density neighborhoods or in a location that transitions from a primarily single family neighborhood into a neighborhood main street. The type enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types and price ranges as well as promoting walkable neighborhoods. Width (C) 8’ min. per unit Depth (D) 8’ min. per unit Area 100 sf per min. D. Allowed Frontage Types Porch: Engaged Porch: Projecting Stoop E. Pedestrian Access Main Entrance Location (B): Front Street Each unit may have an individual entry facing a street. B. Number of Units Miscellaneous Units per Row House / Townhouse 1 max. per floor Row Houses / Townhouses per Lot 1 min. The footprint area of an accessory structure may not exceed the footprint of the main body of the building. Row Houses / Townhouses per Run 2 min.: 8 max. Required street setbacks and driveways shall not be included in the private open space area calculation. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Required private open space shall be located behind the main body of the building. Width (A) 18’ min. 36’ max. 102 Stacked Flats A. Description F. Private Open Space A medium to large sized structure that consists of multiple dwelling units accessed from a courtyard or series of courtyards. Each unit may shave its own individual entry, or may share a common entry. This type is appropriately scaled to fit adjacent to local serving main streets and walkable urban neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, including affordable housing, and promoting neighborhood walkability. This building type may include a courtyard. No private open space requirements. D. Allowed Frontage Types Forecourt Porch: Projecting Stoop E. Pedestrian Access (C): Units shall enter from a courtyard or a street. Courtyards shall be accessible from the front street. Each unit may have an individual entry. B. Number of Units Courtyard (s) Units per Building 12 min. Stacked Flats per Lot 2 max. Width 40’min. /160’max. C. Building Size and Massing Width/Height Ratio 1:2 min.; 3:1 max. Height see footnote 1 Depth 40’min. /150’max. Main Body Depth/Height Ratio 1:2 or 3:1 Width (A) 280’ max. Area (Total) 400 sf min. Depth (B) 220’ max. 50 sf min per unit Footnotes 1 Height shall also comply with transect zone standards in Section 20.110.014 (c) 103 20.110.014(f) Block, Thoroughfare and Public Rights of Way Standards All new construction, reconstruction, and reconfiguration of blocks, streets, rights-of-way, or public frontages must comply with this section. 1. Block Standards General The development block is the land area defined and enclosed by the street grid. It can vary considerably in shape and size according to the configuration of streets, preferred orientation and topography, as well as the nature of individual development projects and the building types that are to be accommodated. The majority of land area contained within Arlington’s Quality Places is either undeveloped or poised for redevelopment. The existing street grid in these areas is similarly either broadly defined, or undefined. For this reason, precise, quantitative block sizes and shapes will be determined as development progresses in these areas. As this development occurs, block sizes, shapes, and orientations will conform to the following standards: i. Face the Street. The most fundamental requirement in structuring predictable build form within development blocks is to make a clear distinction between public fronts and private backs. Buildings which front streets, squares and parks present their public face to the outside world and give life to it. Public fronts and private backs are made distinct when primary access is from the street, the principle frontage. Both Private Frontage types (Section 20.110.014(d) Frontage Types) and Public frontage types (Section 20.110.014(f) (2)) will be followed in the design and configuration of development blocks. ii. Respect privacy. The distance between backs of properties needs to be considered in terms of privacy. Individual lot depths and building placement is detailed in Section 20.110.014(c) Place Types. iii. Line the Perimeter. Lining the edges of blocks with a perimeter of buildings accommodates a diversity of building types and uses at medium to high densities, while ensuring that buildings relate positively to the public realm. As a general rule, a perimeter depth of 35 feet for fine-grained mixed use or housing and 70 feet for retail/commercial development provides a starting point and can be refined to reflect specific planned building types. iv. Provide continuity of street frontage. Particularly along Main Streets, a direct frontage to pavement relationship assists commercial viability and street vitality. Continuous building lines along a block edge are more successful at providing good enclosure to a street or park and generating “active frontage” with frequent doors and windows animating the public realm. Use continuous frontages as far as possible, by adhering to a common building line. Where a looser framework of buildings is required, these are best absorbed into the perimeter block, positioned near to the street with walls, fences, and other landscape features used to close the visual gaps. Projections and set-backs from the building line can be used to add emphasis, but the function of the resulting spaces must be clearly defined. v. For walkability and connectivity, smaller blocks are preferred. 1. In considering the optimum size of development blocks, a trade-off has to be struck between: a. Ease of access. b. The ability to sustain a variety of building types and uses. c. The ability to change and adapt over time. 2. A general guide to block sizes is that blocks widths of 350 feet to 450 feet enable this trade-off to be achieved in a variety of different urban locations and circumstances, reducing to 200 feet to 250 feet along centers of commercial activity. vi. Block Shape. Square blocks generally offer the most flexible basis for accommodating a range of commercial and residential buildings and more options for internal treatment. Rectangular blocks with depths of over 450 feet are more suitable for larger buildings, such as factories and warehouses, and more properly belong in industrial and general commercial areas. 104 Rectangular blocks of 250 feet in width and up to 300 feet in depth oriented with their short side onto the main street are beneficial in increasing connectivity with the surrounding neighborhoods and providing more crossings and intersections, which serve to slow traffic, making it easier and safer for pedestrians and cyclists. Residential buildings are able to line the quiet sides of the block. Irregular blocks can be molded to respond to topography and the creation of focal points such as parks or trails with building frontages that are not necessarily parallel. vii. Connectivity: The size and shape of urban blocks exert a defining influence on connectivity. Ideal urban connectivity is a balance of factors influencing ease of travel by automobile, bicycle, public transit, and by foot. The City recognizes the importance of multi-modal transportation through its Complete Streets Program. Although precise measurements of connectivity are difficult, there exist a number of urban design elements which, where employed, have demonstrated improvement in multi-modal access. The following block standards (Table 20.110-4) will apply to both new and re-development within the Mixed Use Overlays. In re-developed areas, if local conditions, such as topography or existing street configuration prevents strict adherence to the standards, alternate methods that provide comparable connectivity may be employed with approval of the Director. Table 20.110-4 2. Public Rights-of Way Standards General A right-of-way must be designed in relation to topographic and drainage conditions, public convenience and safety, and the existing and proposed development served by the right-of- way. i. Accessibility 1. All public and private rights-of-way must conform to Public Right-of-Way Accessibility Guidelines (PROWAG) set forth by the United States Access Board. 2. All public and private vehicular rights-of-way must be complete streets, designed for safe, comfortable, and convenient movement both along and across rights-of-way by people of all ages and abilities, using multiple modes, consistent with the City’s complete streets policy. ii. Right-of-Way Types 1. All vehicular rights-of-way, whether publicly dedicated or privately held, must match one of the right-of-way types described by Section 20.110.014(f) (3), Thoroughfare Standards. 2. A vehicular, pedestrian, transit, or bicycle right-of-way type is a classification that reflects the general design parameters of the right-of-way, including, but not limited to, target speed, number of travel lanes, travel lane width, medians, and the width of certain elements of the pedestrian way are divided into the following: a. Passage. A pedestrian connector passing between or through buildings, providing shortcuts through long blocks and sometimes connecting rear parking areas with frontages. b. Alley. A vehicular drive located to the rear of lots providing access to service areas, parking, or accessory structures, and containing utility easements. c. Lane. A narrow, slow movement thoroughfare, typically containing one travel lane. d. Street. A local thoroughfare of low speed and capacity. 105 e. Avenue. A thoroughfare of high vehicular capacity and low speed, which is often a short distance connector between neighborhood centers or an approach to a civic building. f. Boulevard. A long-distance thoroughfare that traverses an urbanized area and is designed for high vehicular capacity and moderate speed. g. Multiway Boulevard. A variation of a boulevard characterized by a central roadway for through traffic and parallel lanes accessing abutting property, parking, and pedestrian and bicycle facilities. iii. Right-of-Way Context. Rights-of-way must be consistent with the transect and the intended form and use of abutting property; i.e., a mixed-use right-of-way type would be consistent with a mixed-use zone, such as the T4-Main Street or T5N-Medium Volume zones. iv. Right-of-Way Parameters. The required parameters for the right-of-way types described in Section 20.110.014(f) (3) are subject to the following additional considerations: 1. The pedestrian way must be articulated with well-defined frontage, throughway, furnishing, edge, and extension zones, as applicable, in accordance with Section 20.110.014(f)(3). 2. Where installed, bicycle facilities must be in accordance with Section 20.110.014(f) (xiii) Bicycle Facilities 3. Where installed, medians must be in accordance with Table 20.110-5: Median Dimensions. TABLE 20.110-5: MEDIAN DIMENSIONS MEDIAN TYPE WIDTH (MIN/PREFERRED) Median for access control 4'/6' Median for pedestrian refuge 6'/8' Median for street trees and lighting 6'/10' Median for single left-turn lane, streets/avenues 10'/14' Median for single left-turn lane, boulevards/multiway boulevards 12'/16'-18' Median for multi-use path, double row of trees 20'/24' Median for transit way 22'/24', plus 10' for each side platform, or 30' for center platform 4. Where curb parking is required, the curb parking must be provided to the maximum extent practicable on both sides of the vehicular way. Exceptions may be made for drop-off and loading zones, bus lanes/ busways, curb extensions and mid-block plazas, or enhanced pedestrian or bicycle facilities. 5. Street trees are required in accordance with Section 20.110.014(i) (3) (i), and 20.110.014(j) (5) (i) Required Landscaping. 6. Street lighting must be installed in accordance with Section 20.110.014(j) (2) Outdoor Lighting Standards v. Right-of-Way Construction. All right-of-way construction and repair must be in accordance with standards and specifications set forth by the Director of Public Works. Any right-of-way work requires a right-of- way work permit per AMC Section 20.60.030. vi. Public Use. All vehicular rights-of-way, whether publicly dedicated or privately held, must be available for public use at all 106 times. Gated rights- of-way and rights-of-way posted as private are not permitted. The Director Public Works may waive this requirement for public safety purposes, to facilitate construction or events, or for rights-of-way which serve sensitive governmental facilities. vii. Waivers and Modifications. The Director of Public Works may waive or adjust the requirements of this section as follows: vii. Where a constrained right-of-way width, existing drainage patterns, or natural features, such as established trees, do not allow for the required dimensions of the right-of-way type, alternative dimensions may be approved, so long as the design of the right-of- way: 1. Accommodates required access for people with disabilities and access to adjacent uses and transit stops. 2. Ensures the safety, and facilitates the expected levels, of pedestrian activity. 3. Provides adequate protection for pedestrians. viii. Where the standards of this section are determined to not adequately protect the public health, safety, and welfare, alternative or additional standards may be applied. Pedestrian Facilities ix. Required Sidewalks 1. All development that involves new construction of a principal building, expansion of an existing principal building by 2,500 square feet or more, or substantial renovation of an existing principal building, must provide for sidewalks of the minimum dimensions prescribed by the right-of- way type per Section 20.110.014(f) (2) Rights-of Way Standards. Sidewalks must be installed, widened, or modified, as appropriate, prior to the issuance of a certificate of occupancy. 2. Sidewalks must be maintained in a state of good repair by the owner of the property fronting any thoroughfare in accordance with Chapter 12.20.030 of the Municipal Code. 3. Sidewalks must be provided on both sides of all vehicular rights-of-way, except for alleys or where one side of the right-of- way is a steep vertical wall, railroad, or other feature to which the public does not require access. 4. Sidewalks must be paved with a fixed, nonslip material. 5. Sidewalks must be as straight and direct as possible, except to avoid established trees or unavoidable obstacles. 6. Where sidewalks cross driveways, the throughway zone must remain level, with no change in cross-slope. The appearance of the throughway zone, such as scoring pattern or special paving, must be maintained across the driveway to indicate that, although a vehicle may cross, the area traversed by a vehicle remains part of the pedestrian way. x. Sidewalk Zones. The pedestrian way, composed of the portion of the right-of-way that typically includes the planting area and sidewalk and is measured from the curb line to the property line of the adjoining properties, must be articulated according to the following sidewalk zones: 1. Frontage Zone. The area adjacent to the property line that provides a transition between the public sidewalk and the building facade. 2. Throughway Zone. The portion of the sidewalk used for pedestrian travel that is clear of obstacles and provides a smooth walking surface. 3. Furnishing Zone. The portion of the sidewalk used for street trees, landscape, transit stops, street lights, sidewalk cafes, and site furnishings. 4. Edge Zone. The area used by people getting in and out of vehicles parked at the curbside. 5. Extension zone. The area where pedestrian space may be extended into the parking lane, via features such as bulb-outs or mid-block plazas. The extension zone is an optional element subject to approval of the Director of Public Works. Table 20.110-6: Streetscape element Location 107 xi. Streetscape Elements. The placement and layout of typical streetscape elements must be in accordance with Table 120.110-6: Streetscape Element Location. xii. Sidewalk Zone Parameters. The required parameters for sidewalk zones for right-of-way types described in Section 20.110.014(f) (2) are subject to the following additional considerations: 1. At transit stops with shelters, the furnishing and edge zones should be widened to a minimum of four feet to provide wheelchair access to and in front of the shelter. 2. Where sidewalk cafes are anticipated in the frontage zone and/or furnishing zone, the frontage zone and/or furnishing zone should be at least six feet in width. 3. Where very high pedestrian volumes are expected, such as at transit transfer points, and theater entrances and exits, additional sidewalk width and special design attention, particularly at crossings, should be provided. Bicycle Facilities xiii. The following bicycle facilities may be considered in right-of- way construction, reconstruction, and reconfiguration projects, taking into consideration the appropriateness of the bicycle facility for the right-of-way type and surrounding context: 1. Sharrow. A marking placed in a vehicular travel lane to indicate that a bicyclist may use the full lane. Also called a shared-lane marking. 2. Bike Lane. A portion of the roadway that has been designated by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists, typically located adjacent to motor vehicle travel lanes and flowing in the same direction as motor vehicle traffic. 3. Buffered Bike Lane. A conventional bicycle lane paired with a designated buffer space separating the bicycle lane from the adjacent motor vehicle travel lane and/or parking lane. 4. Contra-Flow Bike Lane. A bicycle lane designed to allow bicyclists to ride in the opposite direction of motor vehicle traffic, typically used to convert a one-way traffic street into a two-way street, one direction being for motor vehicles and bikes, and the other being for bikes only. 108 5. Left-Side Bike Lane. A conventional bike lane placed on the left side of one-way streets or two-way median divided streets. 6. Cycle Track. An exclusive bike facility that combines the user experience of a separated path with the on-street infrastructure of a conventional bike lane. A cycle track is physically separated from motor traffic and distinct from the sidewalk. 7. Raised Cycle Track. A bicycle facility that is vertically separated from motor vehicle traffic, typically paired with a furnishing zone between the cycle track and motor vehicle travel lane and/or pedestrian area, and allowing for one-way or two-way travel by bicyclists. 8. Two-Way Cycle Track. A physically separated cycle track that allows bicycle movement in both directions on one side of the road. Intersection Treatments xiv. Curb Ramps 1. At intersections, ADA-compliant curb ramps enabling persons with special mobility needs to safety cross a roadway must be installed. 2. Curb ramps that align with the crosswalk, consistent with the direction of pedestrian travel, are preferred. xv. Crosswalks. 1. A crosswalk, defined as a lateral extension of a sidewalk through an intersection, may be marked or unmarked. Legally, crosswalks exist at all intersections (including T-intersections) unless specifically prohibited. 2. Marked crosswalks, delineating preferred crossing routes for pedestrians and alerting other road users where to expect crossing pedestrians, should generally be installed and maintained at high priority intersections where greater pedestrian visibility is desired, such as at school crossings, where two or more transit routes cross, where traffic volumes exceed 2,000 Vehicles Per Day (VPD). 3. A marked crosswalk must align with curb ramps and be at least six feet in width. Where large volumes of pedestrians are expected at the intersection, high-visibility striping, such as continental striping, is preferred. xvi. Curb Extensions 1. Curb extensions (also known as "bump- outs” or "bulb-outs”) extend the sidewalk out into the street, usually to the edge of the on-street parking lane. The feasibility of curb extensions should be evaluated whenever curb ramps are installed or an intersection is reconstructed or reconfigured, giving careful consideration to potential impacts on delivery access, garbage and snow removal, and street sweeping. 2. Where installed, a curb extension may extend no greater than one foot less than the width of the parking lane. A curb extension must be at least 15 feet in length or, in the case of a curb extension designed to accommodate transit passenger boarding and alighting, long enough to encompass the front and rear doors of the transit vehicles that will use the curb extension. 3. The design and placement of street furniture, trees, and plantings on a curb extension may not impede pedestrian flow or interfere with corner visibility. Vertical elements should be used to alert drivers to the presence of a curb extension. xvii. Pedestrian refuge islands 1. Pedestrian refuge islands, which can be used to divide travel lanes and provide spaces for pedestrians to safely wait while crossing the vehicular way, should be considered in the following circumstances: a. Any pedestrian crossing where the vehicular way consists of four or more travel lanes. b. Any intersection where signal timing may not allow pedestrians to cross in one phase. c. Any intersection with difficult crossing geometry. 2. Where installed, a pedestrian refuge island should: a. Have an area of at least 120 square feet with minimum dimensions of six feet in width and 20 feet in length. b. Include an ADA-compliant channel of a minimum of five feet in width and six feet in depth. A channel of six feet in width and eight feet in depth is preferred. c. Be designed to discourage vehicles from encroaching into it. 109 xviii. Pedestrian Signals 1. Pedestrian signals, which inform pedestrians when to cross at signalized intersections, may be required at signalized intersections. The inclusion of pedestrian signals that are accessible to the visually impaired are preferred. 2. Where pedestrian signals are installed, the pedestrian signal phase timing must comply with MUTCD standards. xix. Mid-Block Crossings 1. Mid-block crossings provide convenient crossing locations for pedestrians where intersection crossing opportunities are distant, and may be considered in accordance to the Department of Public Works policy on midblock crossings. 2. Where installed, a mid-block crossing should: a. Be placed generally within the middle third of the block side. b. Be built with curb extensions, wherever advisable, to enhance pedestrian crossing visibility and reduce crossing distances. 3. Coincide with mid-block passages, if present. xx. Roundabouts 1. Roundabouts, which are circular intersections in which vehicular traffic is slowed and flows almost continuously in one direction around a central island to several exits onto intersecting rights-of-way, may be considered where it is desirable to increase vehicular capacity at intersections, slow traffic, and reduce the severity of collisions. 2. If installed, a roundabout must be in accordance with the FHWA’s Roundabouts: An Informational Guide. xxii. Traffic Control Devices All traffic control devices, such as right-of-way signs, pavement markings, and traffic signals, must be consistent with the Manual on Uniform Traffic Control Devices (MUTCD). xxii. Traffic Calming Measures 1. Traffic calming measures, such as full closures and half closures, speed tables, lateral shifts and chicanes, knockdowns, chokers, and center island narrowing, may be considered in right-of-way construction, and reconfiguration projects, subject to approval by the Director of Public works. xxiii. Road Diets Wherever an existing right-of-way is reconstructed or reconfigured, consideration must be given to the appropriateness of a road diet, defined as a reduction in the number or width of travel lanes within a right- of-way allowing reallocation of vehicular space to alternative uses (i.e., parking lanes, bicycle facilities, medians, pedestrian refuge islands, or widened sidewalks or planting strips). A road diet is typically appropriate on rights-of- way carrying fewer VPD than the right-of-way is designed to accommodate (i.e., a right-of-way with four travel lanes carrying less than 20,000 VPD may be a prime candidate for a four-lane to three-lane conversion). Thoroughfare Standards xxiii. Street Types This section describes the right-of-way types and their required and preferred parameters, which are derived from the ITE Walkable Urban Thoroughfares Manual and NACTO Urban Bikeway Design Guide. The illustrative examples provided in this section communicate one possible configuration of each right- of-way type. By applying the requirements outlined and working with the Director of Public Works, various configurations may be determined acceptable. 110 Alley Traffic Volume Range Less than 1,000 VPD Number of Travel Lanes (B) 1 Target Speed 5-15 mph Travel Lane Width (min/max) (C) 8’/20’ Right-of-Way Width (min) (A) Travel lane width, plus 2’ shoulders on either side or 5’ shoulder one side Curb Parking Not permitted Driveway Access Permitted Pedestrian Facility Type Shared Bicycle Facility Type (preferred) Shared Freight Movement (generally) Local deliveries only 111 Mixed Use Avenue Traffic Volume Range 15,000 – 30,000 VPD Edge and furnishing zones1 (J) 4’/7.5’ Target Speed 25-30 mph Extension zone. If provided. (max) (K) Width of parking lane Right-of-Way Width (A): (min./preferred) Number of Travel Lanes (C) 2-4 Two travel lanes 58’/73’ Travel Lane Width (D) 10’/12’ Two travel lanes, plus one turning lane 68’/83’ Median Optional Four travel lanes 78’/93’ Turning Lane (E) Optional Four travel lanes, plus one turning lane 88’/103’ Curb parking Required Driveway Access Permitted, but not encouraged Parallel curb parking width (F) 7’/8’ Pedestrian Facility Type Sidewalk Bicycle Facility Type (preferred) (B) Shared or bike lane/cycle track Freight Movement (generally) Local truck route Total pedestrian way width (G) 12’/19.5’ Footnotes Frontage Zone (H) 2’/3’ 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. Throughway zone (I) 112 Mixed Use Boulevard Traffic Volume Range 15,000 – 740,000 VPD Number of Travel Lanes (C) 4 Target Speed 25-30 mph Travel lane width (D) 10’/12’ Right-of-Way Width (A): (min./preferred) Median Required Four travel lanes 92’/117’ Turning Lane (E) Optional Four travel lanes, plus one turning lane 98’/127’ Curb parking Required Driveway Access Permitted, but not encouraged Parallel curb parking width (F) 7’/8’ Pedestrian Facility Type Sidewalk Bicycle Facility Type (preferred) (B) Shared or bike lane/cycle track Freight Movement (generally) Regional truck route Total pedestrian way width (G) 12’/21.5’ Frontage Zone (H) 2’/3’ Throughway zone (I) 6’/10’ Footnotes Edge and furnishing zones1 (J) 4’/8.5’ 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. Extension zone. If provided. (max) (K) Width of parking lane 113 Mixed Use Street Traffic Volume Range 1,000 – 15,000 VPD Number of Travel Lanes (B) 2 Target Speed 25 mph Travel lane width (C) 10’/11’ Right-of-Way Width (A): (min./preferred) Median Optional Two travel lanes 58’/66’ Turning Lane Not permitted Driveway Access Permitted, but not encouraged Curb parking Required Pedestrian Facility Type Sidewalk Parallel curb parking width (D) 7’/8’ Bicycle Facility Type (preferred) Shared Freight Movement (generally) Local deliveries only Total pedestrian way width (E) 12’/18’ Frontage Zone (F) 2’/2.5’ Throughway zone (G) 6’/8’ Footnotes Edge and furnishing zones1 (H) 4’/7.5’ 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. Extension zone. If provided. (max) (I) Width of parking lane 114 Multiway Boulevard Traffic Volume Range 15,000 – 40,000 VPD Number of Travel Lanes (C) 4 central lanes; 2 drop lanes Target Speed 25-30 mph Travel lane width (D): Right-of-Way Width (A): (min./preferred) Central Lanes 10’/12’ Four central lanes, plus two drop lanes 110’/147’ Drop Lanes 10’/11’ Four central lanes, plus one turning lane and two drop lanes 116’/151’ Median Required Turning Lane (E) Optional Driveway Access Not permitted in central lanes; permitted in drop lanes Curb parking Not required in central lanes; required in drop lanes Pedestrian Facility Type Sidewalk Parallel curb parking width (F) 7’/8’ Bicycle Facility Type (B): Central Lanes (optional) Bike lane/cycle track Drop Lanes Shared Median (optional) Multi-Use path Freight Movement (generally) Regional truck route Total pedestrian way width (G) 12’/21.5’ Frontage Zone (H) 2’/3’ Throughway zone (I) 6’/10’ Footnotes Edge and furnishing zones1 (J) 4’/8.5’ 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. Extension zone. If provided. (max) (K) Width of parking lane 115 Passage Right-of-Way Width (min/preferred)(A) 10’/30 Frontage Zone (min/preferred) (D) 0’/9’ Bicycle Facility/Pedestrian Type (B) Shared or Multi-Use Path Throughway Zone (min/preferred) (E) 10’/12’ Total Pedestrian Way Width (C) 10’/30’ 116 Residential Avenue Traffic Volume Range 15,000 – 20,000 VPD Edge and furnishing zones (I) 3’/9.5’ Target Speed 25-30 mph Extension zone. If provided. (max) (J) Width of parking lane Right-of-Way Width (A): (min./preferred) Number of Travel Lanes (C) 2-4 Two travel lanes 52’/68’ Travel Lane Width (D) 10’/12’ Two travel lanes, plus one turning lane 52’/78’ Median Optional Four travel lanes 72’/88’ Turning Lane Optional Four travel lanes, plus one turning lane 82’/98’ Curb parking Required Driveway Access Permitted Parallel curb parking width (E) 7’/8’ Pedestrian Facility Type Sidewalk Bicycle Facility Type (preferred) (B) Shared or bike lane/cycle track Freight Movement (generally) Local truck route Total pedestrian way width (F) 12’/17’ Frontage Zone (G) 1’/1.5’ Throughway zone (H) 5’/6’ 117 Residential Street Traffic Volume Range 500 – 5,000 VPD Edge and furnishing zones (H) 3’/7.5’ Target Speed 25 mph Extension zone. If provided. (max) (I) Width of parking lane Right-of-Way Width (A): (min./preferred) Number of Travel Lanes (B) 2 Two travel lanes 52’/64’ Travel Lane Width (C) 10’/11’ Driveway Access Permitted Median Optional Pedestrian Facility Type Sidewalk Turning Lane Not Permitted Bicycle Facility Type (preferred) (B) Shared Curb parking Optional Freight Movement (generally) Local Deliveries Parallel curb parking width (D) 7’/8’ Total pedestrian way width (E) 9’/16’ Frontage Zone (F) 1’/1.5’ Throughway zone (G) 5’/6’ 118 20.110.014(G) Parking Standards 1. Purpose. This Section regulates and ensures the provision of parking spaces and access drives are designed for motor vehicles and bicycles. The Section also provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that parking needs of new land uses and development are met, while ensuring parking spaces and access drives are designed and located in a manner consistent with the desired character and development patterns of walkable communities as outlined in the Arlington Comprehensive Plan. 2. Applicability. On-site parking shall be required in all transect zones as set forth in this section and shall apply to the following: i. New development; ii. Changes in land use; and iii. Changes to a building or structure that cause an increase or decrease of 25 percent or greater made subsequent to the effective date of this Form-Based Code: 1. Gross floor area; 2. Seating capacity; 3. Dwelling Units; or 4. Parking spaces 3. General Parking Standards i. Off-Site Parking. Required off-street parking may be provided if the following standards are met: 1. The required parking is provided in an off-street parking facility on another site within 600 feet of the site proposed for development, as measured along thoroughfare rights-of-way that provide access to both sites; 2. Pedestrian access between the site and the off-site parking area shall be via concrete or paved sidewalk or walkway; and 3. The owners of the site and the offsite parking area shall provide a recorded parking agreement or covenant in a form approved by the City Attorney reflecting the arrangement between the sites. ii. Larger Vehicle Parking 1. Trucks, tractors or tractor-trailers having a capacity of more than a one-and- one-half-ton load, front- and rear-end loaders, or any commercial, industrial, agricultural or transportation vehicles or equipment shall not be parked or stored within any T3 or T4 zones for purposes other than short-term unloading, loading or delivery services, or temporary construction within the zone. 2. Automobiles, small trucks, vans, vehicle trailers permitted in conjunction with an approved home occupation (one per home occupation), and recreational vehicles, utilized for personal or business use, are excluded from the provisions of this Subsection. iii. Storage of Unregistered or Inoperable Motor Vehicles. Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses, but without current plates or inoperable, shall not be parked in a transect zone unless parked within a completely enclosed building. iv. Cargo or Freight Container: portable cargo or freight storage containers in any zone for purposes of loading or unloading, may be parked or stored v. Commercial Auto Repairs. Commercial repairs or restoration of vehicles shall only be conducted in the appropriate transect zones. vi. Non-Commercial Auto Repairs within T3 and T4 Zones. Unlicensed vehicle restoration is permitted within an allowed off- street parking area, provided the vehicles undergoing restoration or used for parts shall either be covered by a commercially manufactured opaque automobile cover in serviceable condition or stored in an enclosed building. 1. Not more than one vehicle per premises for either renovation or parts may be screened by use of a cover that shall be securely fastened to the vehicle. 2. Vehicles other than the screened vehicle shall be parked in an enclosed building. 119 4. Number of Motor Vehicle Parking Spaces Required i. Required Spaces. The minimum number of parking spaces required are listed in Table 20.110.014-7 (Maximum Parking Spaces Required). However, if the minimum number of parking space requirements are provided in Section 20.110.014(c) (Place Types) for the applicable transect zone and use, then those standards take precedence over the standards in Table 20.110-7 (Parking Spaces Required). When calculating the minimum number of parking spaces, numbers shall be rounded up to the closest whole number. Table 20.110-7: Maximum Parking Spaces Allowed Use Maximum Spaces Allowed Residential Retail Recreation, Education, Public Assembly Services 5. Parking Adjustments i. On-Street Parking. On-street parking spaces adjacent to the lot may count towards the required non-residential use parking standards. ii. Shared Parking. For two use types, shared parking shall be calculated as follows: The sum of the required parking for the two use types shall be divided by the factor listed in the table below. The required number of parking spaces shall be rounded up to the closest whole number. If the use is not listed below then the shared parking shall be based on Subsection (iii) below. Table 20.110-7a Residential Lodging Office Retail Residential 1.0 1.1 1.4 1.2 Lodging 1.1 1.0 1.7 1.3 Office 1.4 1.7 1.0 1.2 Retail 1.2 1.3 1.2 1.0 iii. Shared Parking Study. When three or more use types share parking or a use type is not listed in Table 20.110-7a (Shared Parking Factor for Two Uses) above, the amount of required parking may be reduced as follows: 1. If the Director determines one of the following circumstances has been established, the Director may grant a reduction in the parking standards set forth in this Subsection: a. Where uses seek to share parking with different peak hour demands and are in the same or adjoining development, the owner of the parking spaces shall submit to the Director an analysis and substantiated projections of peak parking demand for the entire development to justify the shared use of parking spaces for separate uses; b. Where the special nature of a certain development (e.g., special types of housing projects inhabited by persons with 120 low or no automobile ownership) does not require the amount of parking listed in Subsection D; or c. Where fewer parking spaces are needed due to access to transit, special designs and traffic mitigation measures incorporated in the parking lot design and circulation plan. d. The Director shall consider all of the following in determining whether a reduction is warranted: 1. The likelihood that the reduced number of parking spaces can satisfy demand; 2. The amount of time during the year when the number of spaces provided may be insufficient and the amount of resulting parking overflow; 3. The impact of periodic overflows upon the public thoroughfares and other parking facilities; 4. The nature of surrounding land uses, character of the surrounding road system, and nearby circulation pattern; 5. The amount of on-street parking available within one- quarter of a mile of the development; 6. Any additional reduction in on-site parking demand by implementing transportation demand management strategies proposed by the applicant; and in all cases, the owner of the lot shall have the burden to demonstrate that a reduction in parking standards is warranted. 6. Parking Spaces, Lot Design and Layout i. Access. The following standards are applicable to off-street parking lot access design and include parking for single-family residences unless modified by Section 20.110.014(c) (Place types). 1. Each required off-street parking space shall open directly onto an aisle or driveway as specified in Table 20.110-8 (Minimal Dimensional Requirements for Parking Spaces and Aisles). All off-street parking facilities shall be designed with an appropriate means of vehicular access to a thoroughfare or to an alley to cause the least interference with traffic flow. 2. Parking spaces in any parking lot or parking structure shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare. Ingress to and egress from parking spaces shall be from an on-site aisle or driveway, except: a. Parking spaces within lots of up to eight spaces may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane. Table 20.110-8: Minimum Dimensional Requirements Drive Aisle Width Angle Parking Depth (A) One- Way (B) Two- Way (C) Space Width (D) Space Length (E) Parallel 8’1 12’ 20’ 8’ 20’ 30° 17’ 11’ 24’ 9’ 20’ 45° 20’ 13’ 24’ 9’ 20’ 60° 21’ 18’ 24’ 9’ 20’ Perpendicular 18’ 24’ 24’ 8’ 18’ Tandem 36’ 24’ 24’ 8’ 36’ 1Width of on-street parallel parking shall be determined by standards set forth in Section 20.110.014(f)(3) (Thoroughfares) 121 7. Driveways i. Access to driveways. 1. Developments of two or fewer dwelling units. Access to and from driveways onto public thoroughfares shall be where practicable by forward motion of the vehicle. 2. All other developments. Access to and from driveways onto public thoroughfares shall be by forward motion of the vehicle. ii. Driveways shall extend and include the area between the lot line and the edge of the street pavement. iii. The design and construction of all off-street parking access drives shall meet the requirements of the Director of Public Works. 8. Identified as to Purpose and Location. Off-street parking areas of four or more spaces and off-street loading areas shall include painted lines, wheel stops, curbing or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features. 9. Materials i. All off-street parking areas and driveways shall be surfaced with materials approved by the City Engineer. ii. The use of pervious or semi-pervious parking area surfacing materials-`including, but not limited to “grasscrete,” or recycled materials such as glass, rubber, used asphalt, brick, block and concrete-may be approved by the Director for required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such materials should be used in areas in proximity to and in combination with on-site stormwater control devices. 10. Accessible Parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the Federal Americans with Disabilities Act (ADA). 11. Dimensional Standards for Parking Spaces and Aisles i. General. Standard car parking spaces and parking lot aisles shall comply with the minimum dimension standards established in Table C (Minimum Dimensional Requirements) above. ii. Dimensional Adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be less than eight feet. Reduction in design standards shall be subject to approval by the Director. iii. Vertical Clearance. All parking spaces shall have a minimum overhead clearance of six foot, eight inches (6'8"). iv. Reduction for Sidewalk and Planter Overhangs. When a parking space abuts a sidewalk or planter; the front two feet of the required parking space length may overhang the planter or sidewalk provided that wheel stops or curbing are provided and the remaining area outside of the overhang meets the minimum width requirements of the sidewalk or planter. v. Spaces near Obstructions. When the side of a parking space abuts a wall or other structure that is taller than six inches, the width of the parking space shall be increased by two foot, six inches (2"6"). 12. Landscaping, Fencing, and Screening i. Parking lots with more than 8 parking spaces shall provide one tree per every four parking spaces. ii. Screening of parking and loading areas shall meet the following standards: Table 20.10-9: Parking and Loading Area Screening Zone Adjacent Zone Required Screening 1 T4, T5 T4, or Residential Non-transect zone 6’ wall, fence, or evergreen hedge 1Screening is not required when parking and loading is adjacent to an alley 122 iii. Landscaping areas may be ideal locations to accommodate stormwater management features. 12. Location i. Location of required on-site parking in all zones is regulated by setbacks set forth in Section 20.110.014(c) (Place Types) and the following: 1. Parking lots with 20 or fewer spaces shall have all off-street parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area. 2. Parking lots with more than 20 spaces shall have all off-street parking areas separated at least 10 feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area. 3. This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials. 13. Size of Parking Lot i. Parking lots larger than one-quarter of an acre in size shall be divided into smaller parking areas with planted landscape areas with a minimum width of 15 feet between them to minimize the perceived scale of the total field of stalls. 14. Tandem Parking Tandem parking is allowed in all zones for all residential uses as follows: i. Both tandem parking spaces satisfy the parking requirement of one residential unit; and ii. Neither of the tandem parking spaces shall be for required accessible parking spaces. 15. Bicycle Parking Requirements i. Exempt. Bicycle parking is not required for single-family residential developments and uses. ii. Bicycle Parking Standards. Bicycle spaces shall be provided in accordance with the following standards: 1. Bicycle parking shall consist of either a lockable enclosure (locker) in which the bicycle is stored or a rack to which the bicycle can be locked; 2. Lockers and racks shall be securely anchored to the pavement or a structure; 3. Racks shall be designed and installed to permit two points of contact with the frame and allow the frame and one or both wheels to be secured; Number of Bicycle Parking Spaces and Location Standards Table 20.110-10; Bicycle Parking Requirements Use Type Required Spaces Location Residential: Multi- Family 1 per 4 bedrooms Either within the building or within 25 feet of the building entrance Retail, Services or Recreation, Education and Public Assembly1 4 stalls or 20% of required off-street automobile parking spaces, whichever is greater (up to a maximum of 30 bicycle spaces) Within 50 feet of public entrance of the building and adjacent to a bicycle path and/or pedestrian walks Industry, Manufacturing & Processing and Transportation, Communications, Infrastructure1 10% of required off- street automobile parking spaces, whichever is greater (up to a maximum of 30 bicycle spaces) Within 50 feet of public entrance of the building and adjacent to a bicycle path and/or pedestrian walks. 1At the discretion of the Director required bicycle parking may be provided within the public ROW. 4. Areas containing bicycle spaces shall be surfaced with impervious surfaces such as concrete or pavers. Pervious pavements or gravel may be used where appropriate as determined by the Director; 5. When located within a parking area: curbs, fences, planter areas, bumpers, or similar barriers shall be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the Director to be unnecessary; and 6. Bicycle parking shall be placed in a convenient, highly-visible, active, and well-lit location. 123 iii. Bicycle Parking Space Dimensions. All bicycle parking shall meet the following minimum dimensions: 1. Each bicycle parking space shall include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions; 2. No part of the rack shall be located closer than 30 inches to a wall or other obstruction; 3. The front or back of the rack shall be located no less than 48 inches from a sidewalk or pedestrian way; and 4. A minimum of 30 inches shall be provided between adjoining racks. 20.110.014(h) Civic and Open Space Standards 1. The standards established in this Section provide the Place Types with a diverse palette of parks and other publicly accessible civic spaces, publicly or privately owned, that are essential components of walkable urban environments. 2. There are multiple civic space types defined in Table 20.110-11 (Civic Space Type Standards). Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other types or may stand alone. 3. In Table 20.110-11 (Civic Space Type Standards), the graphic and textual description of each civic space type are illustrative in nature and not regulatory. 4. The service area, size, frontage and disposition of elements standards of each civic space type are regulatory. i. Service Area. Describes how the civic space relates to the City as a whole and the area that will be served by the civic space. ii. Size. The overall range of allowed sizes of the civic space. iii. Frontage. The relationship along property lines of a civic space to adjacent buildings or lots. 1. The front of the lots attached to or across a thoroughfare from a civic space should face on to the civic space to the maximum extent possible. 2. Building. Lots that are attached to or across a thoroughfare from a civic space listed as having a “Building” frontage shall have the front of the lot facing on to the civic space for a minimum of three quarters of the civic space perimeter. In addition, abuilding abutting a park must have an entrance facing the park. Lot adjacent to civic space Front of Lot Left: Diagram illustrates lot configuration meeting minimum standards for a civic space with a “Building” frontage. Three quarters of the building lots along the civic space, wither attached to or across a thoroughfare from, have the front of the lot facing on to the civic space. 3. Independent. Lots that are attached to or across a thoroughfare from a civic space listed as having an “Independent” frontage may have the front, side street or rear of the lot facing on to the civic space. iv. Disposition of Elements: The placement of objects within the civic space; 1. Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements. 2. Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. 3. Informal. Civic spaces with an informal character have a mix of formal and natural characteristics. 5. Typical Facilities. The list of the typical facilities found in Table 20.110-11 are not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed. Facilities larger than the indicated gross square footage (gsf) require review and approval by the Director. 124 6. The civic spaces specified in Table 20.110-11 (Civic Space Type Standards) are allowed by right or by review in the designated Place Types. Civic Spaces allowed by review are allowed if approved by the Director. 7. Except as provided in Subsection (8), every residential development shall be constructed so that at least five percent of the total development remains permanently as usable open space. For the purposes of this section usable open space shall include, but not be limited to: i. An area unencumbered by any substantial structure or utility easement for distribution lines; ii. An area not devoted to use as a roadway, parking area, or sidewalk; iii. Is defined as a Low Impact Design (LID) feature as approved by the Director; iv. Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails (as defined in Section 20.110.014(f)), or if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives set forth in Subsection (vi); v. Parks and Civic spaces as defined in Table 20.110-11 Civic Space Standards. In the case of Civic spaces and Parks, within the total areas stipulated, the length shall be no more than twice the width. This limitation does not apply to Trails. If topography, existing foliage, or other natural features prevents these proportions, functionally comparable areas can be approved by the Director; vi. Space that is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; vii. Space that is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pursuant to AMC Section 20.52.040 (Dedication, Ownership, and Maintenance of Recreational Areas and Open Space); and, viii. Consists of land no more than twenty-five percent of which lies within a floodplain or floodway as those terms are defined in AMC Section 20.08.010 (Definitions of Basic Terms) or of slopes greater than five percent of a critical area buffer. 8. Subdivided residential developments of less than twenty-five dwelling units are exempt from the requirements of this Section unless the City agrees that it will accept an offer of dedication of such open space, and in that case, the offer of dedication shall be made. 9. Additional Standards. i. Accessory Structure Standards. All accessory structures within civic and open spaces, including, but not limited to, restrooms, open-air pavilions, gazebos, picnic shelters and outdoor theaters, shall not be subject to the physical standards of the transect zones in Section 20.110.014(c) (Place Types). They shall be designed and furnished to be consistent with the character of the transect zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition and character similar to adjacent development as determined by the Director. ii. Lighting Standards. 1. All athletic field/sport court lighting shall be Dark Sky Compliant and shall require a Special Use Permit (SUP). 125 Table 20.110-11: Civic Space Standards Transect Zone Civic Space Type Community Park Neighborhood Green Neighborhood Square Plaza Pocket Plaza Pocket Park Playground Community Garden Illustration Description An open space available for unstructured and limited amounts of structured recreation. An open space available for unstructured and limited amounts of structured recreation. An open space available for civic purposes, unstructured and limited amounts of structured recreation. A formal open space available for civic purposes and commercial activities. Plazas are typically hardscaped. Commercial activities shall be subordinate to civic uses. A formal open space available for civil purposes and commercial activities. Plazas are typically hardscaped. Commercial activities shall be subordinate to civic uses. An open space available for informal activities in close proximity to neighborhood residences. An open space designation and equipped for the recreation of children. A playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces. An open space designed as a grouping of garden plots that are available to nearby residents for small scale cultivation. Community Gardens may be included with other civic spaces. Location and Size Location: Service Area Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Size: Minimum 4 acres 1 acre ½ acre ½ acre 2,000 sf 2,000 sf __ __ Maximum __ 2 acres 1 acre 2 ½ acres ½ acre 1 acre __ __ Character: Frontage Independent Building Building Building Building Building Independent or Building Independent or Building Disposition of Elements Informal Informal Formal Formal Formal Formal or Informal Formal or Informal Formal or Informal Typical Facilities Passive and active recreation, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. Passive and active recreation, structured and unstructured, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. Passive and active recreation, structured and unstructured, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. Passive and active recreation, accessory structure, drinking fountains, paths and trails. Passive and active recreation, accessory structure, drinking fountains, paths and trails. Passive and active recreation, accessory structure, drinking fountains, paths and trails. Accessory structure, drinking fountains, paths and trails. Accessory structure, drinking fountains, paths and trails. 126 20.110.014(j) Landscaping, Fencing, and Screening Standards 1. Purpose. The purpose of these regulations is to provide guidelines for design, construction and maintenance of landscaping, fencing, and screening within Arlington’s Place Types. Landscaping shall be a major component of site design in order to create a city that has a strong landscaped character. In addition, Arlington’s Comprehensive Plan calls for proactive application of Low Impact Design principles and methods of ground water treatment to both undeveloped and re-developed areas of the City. Standards governing fences are established to promote the public health, safety, and welfare, encourage an aesthetic environment and allow for privacy, while maintaining access to light and air. The provisions of this Section shall apply as a minimum standard for all new projects and existing development with applications requiring approval of a planning permit under the provisions of this Form-Based Code. 2. Applicability. i. The provisions of this Division apply to all land uses within the Types as follows: 1. New Projects. Each new project shall provide landscaping in compliance with this Section. 2. Existing Development. The approval of an application for design review for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific requirements of this Section. 3. Timing of Installation. Required landscape and irrigation improvements shall be installed before occupancy permit is issued by the City. The installation of landscaping for a residential project may be deferred for a maximum of 90 days with the Director's approval due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site. 4. Alternatives to Requirements. The Director may modify the standards of this Division to accommodate alternatives to required landscape materials or methods, where the Director first determines that the proposed alternative will be equally or more effective in achieving the purposes of this Section. 3. Landscaping and Irrigation Plans i. Landscape Plan. 1. A landscape plan shall be submitted, as determined by the Director, as part of each application for the following unless one is not required by Subsection 2 below: a. New development; b. The significant expansion (e.g., 25 percent or more of floor area), or c. Redevelopment of an existing use, as determined by the Director. 2. A landscape plan shall not be required for residential projects less than 4 units or less than 10,000sf. 3. After review of the landscape plan by the Director and any required revisions, the landscape plan will be considered final. A final landscape plan shall be approved by the Director before the start of grading or other construction, and before the issuance of a Building Permit. ii. Content and Preparation 1. Required Information. Landscape plans shall contain the information required for landscape plans by the Community Development Department. However, at a minimum, these plans shall include the following information: a. The locations of proposed materials, including the identification of groundcovers, shrubs, and trees; b. Detailed drawings and specifications shall clearly identifying the name, size, and precise location of all materials (including fences and screens); and c. The precise location and technical description of the irrigation system and its individual components. 2. Preparation by Qualified Professional. Each landscape plan submitted in compliance with this Division shall be prepared by a Washington licensed landscape architect, licensed architect, 127 licensed landscape contractor, certified nurseryman, or other professional determined by the Director to be qualified. iii. Review and Approval. After initial application, the Director shall review each landscape plan to verify its compliance with the provisions of this Section. The Director's decision may be appealed to the Planning Commission and the Planning Commission may approve the final submittal, or may deny or require changes to a submittal if it is not in compliance. iv. Statement of Surety. When required by the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period. The Director may require statements of surety for phased development, a legitimate delay in landscape installation. 4. Required Landscaping. i. Street Trees 1. Street Trees Required: Any development that involves construction of a new principal building, expansion of an existing principal building by 2500 square feet or more, or a substantial renovation of an existing principal building, except for single unit dwellings, double unit dwellings, and multiple unit dwellings of six units or less, must include the installation of street trees as follows: a. A minimum of one street tree must be planted on the adjacent public rights-of-way, excluding alleys, for each 30 feet of right-of-way. b. All Street trees must be installed in accordance with the Street Tree Standards that are on file Community Development. c. All required street trees must be installed within nine months of the issuance of a certificate of occupancy and maintained in a healthy, growing condition until fully established or replaced as necessary. ii. Exceptions: 1. The Director of Public Works may grant a waiver to the street tree requirement where: a. Street trees of the minimum required number are already installed and maintained in a healthy, growing condition. b. There is already a well-established tree planted on=site and adjacent to the outer edge of the property, whose crown reaches over the public right-of-way area to be planted, and would cause overcrowding of the new street tree, and may result in deforming the symmetry of the street tree crown as it approaches maturity. c. Landscaping within Civic and Open Spaces shall be required per the standards in Section 20.110.014(h) (Civic and Open Spaces). d. Private Landscaping shall be required in compliance with Table 20.110-12 (Required Private Landscaping Components) below. e. Required landscaping shall be landscaped and maintained in compliance with Section 20.110.014(i) (4) (Landscaping Standards), Section 20.110.014(i) (5) (Parking Lot Landscaping Standards), Section 20.110.014(i) (8) (Maintenance of Landscaped Areas), and Section 20.110.014(i) (9) (Fences and Screening). Zones Landscaping Components Frontage Landscaping Parking Area Landscaping Automatic Irrigation T4N-SV - - - T4N-MV, T4-MS, T4-F, T5N-MV R R - T5-MS, T5N-LV, T5-F R R R Key (R) Required (-) Not Required 128 5. Landscaping Standards i. Minimum dimensions 1. Frontage Landscaping and Private Open Space Landscaping areas shall meet the dimensional requirements for the transect zone in Section 20.110014(c) (Place Types), the Building Type in Section 20.110.014(e) (Building Types), and the Frontage Type in Section 20.110.014(d) (Frontage Types). 2. Thoroughfare and Civic and Open Space Landscaping areas shall meet the dimensional requirements within Section 20.110.014(f) (3) (Streetscape Standards) and Division 20.110.014(h) (Civic and Open Spaces). ii. Materials. Landscaping shall primarily consist of live, drought- resistant plant material. Food gardens and decorative landscape features such as brick, stone, art, fountains and ponds may be used within the landscaped area, provided such materials present an attractive setting consistent with the intent of the landscaping requirements as determined by the Director. iii. Street Trees. 1. Street Trees shall be located per the standards in Section 20.110.014(f) (Public Rights-of Way). 2. Minimum Size: a. New Street trees shall have a minimum caliper (trunk diameter) of 2 inches at 8 feet of height. b. Minimum tree size at planting is a 24-inch box. c. 15-inch box specimens and smaller caliper sizes shall be allowed for volunteer efforts and property owner initiated replacement 3. All street trees and/or any other tree plantings within 10 feet of the public right-of- way including sidewalks, curbs and gutters, or street surface shall be installed with approved root barriers and deep water tubes (2 per tree). iv. Additional Material Specifications. The Director may approve the inclusion of areas maintained in a native planting or naturalistic state as green growing ground cover in calculating the landscaped area. v. Safety requirements. Landscape materials and screening shall be located so that at maturity they do not: 1. Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic; 2. Conflict with overhead lights, traffic control signage, utility lines, or walkway lights; or 3. Block bicycle or pedestrian ways. 6. Parking Lot Landscaping Standards. i. Installation and maintenance of shade trees and landscaping. Parking lots shall be improved and permanently maintained by the property owner in accordance with the following standards and the requirements in Table 20.110-14 (Required Interior Parking Lot Landscaping) and Table 20.110-15 (Tree Requirements for Parking Lot Landscaping) below. The Director may grant an exception for small infill parking lots where compliance with these standards is not feasible without significantly reducing the development potential of the zone it is located within. Table 20.11-14: Required Interior Parking Lot Landscaping Number of Parking Spaces Percent of Gross Parking Area in Landscaping 6 or fewer 0% 7 to 15 4% 16 to 30 8% 31 to 70 12% 71 and over 16% 129 Table 20.110-15 Tree Requirements for Parking and Lot Landscaping Landscaping Component Description Amount 1 tree per 5 parking spaces Can Size 15 gallon Box Size 20% must be 24 inch Caliper 1” minimum Minimum Height at Installation 6’8” Minimum Mature Canopy 40’ Characteristics High Branching, Broad Headed, Shaded Form Installation Root barriers and deep root irrigation Location Along the line between or at the back of parking bays. At both ends of a line of parking spaces. Evenly spaced to provide uniform shade. Required Border 6” high curb or equivalent Border and Stormwater Curbs shall provide breaks every 4’ to provide drainage to retention and filtration areas. Minimum Tree Well Width 5’ Car Overhangs Must be prevented by stops. Any vehicle overhang shall require the minimum planter area width to be expanded by an equivalent dimension. ii. Location of landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows: 1. Orchard-style planting (the placement of trees in uniformly- spaced rows) is required for parking areas over 15 cars. 2. Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification. 3. Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes. 7. Parking lot screening. All surface parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped. i. Adjacent to streets 1. A parking area for a non-residential use adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of- way and parking area equal in depth to the setback required by the applicable transect zone or 10 feet, whichever is greater. 2. A parking area for a residential use, except for a single family dwelling, shall be designed to provide a landscaped planting strip between the street right-of- way and parking area equal in depth to the setback required by the applicable transect zone. 3. The landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of three feet. 4. Screening materials may include a combination of plant materials, earth berms, raised planters, solid decorative masonry walls, or other screening devices that meet the intent of this requirement. 5. Shade trees shall be provided at a minimum rate of one for every 25 linear feet of landscaped area, or other spacing as determined by the Director to be appropriate to the site and surrounding development. ii. Adjacent to side or rear property lines. Parking areas for non- residential uses shall provide a perimeter landscape strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. A fence, wall, or hedge or combined open fence and planter, at least 3.5 feet in height but no higher than the maximum height permitted by Section 20.110.014(i)(7) Parking Lot Screening)is permitted, wherever the parking area is within 20 feet of the side or rear property line. 130 iii. Adjacent to structures. When a parking area is located adjacent to a non-residential structure, a minimum five-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access ways. iv. Adjacent to residential use. A non-residential parking area abutting a residential use shall provide a landscaped buffer setback with a minimum of 10-foot between the parking area and the property line of the residential use. 1. A seven-foot high solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., light/glare and nuisance noise) as determined by the Director. 2. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the Director to be appropriate to the site and surrounding development. v. The required width of the landscape strip may be reduced by the Director where it is determined that certain factors would justify the reduction (e.g., the overall site area is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties). The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. 8. Maintenance of Landscaped Areas. i. A landscaped area provided in compliance with this Division shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate. ii. Plant materials shall be replaced as needed to screen or ornament the site. iii. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed, kept litter free or otherwise maintained to assure compliance with the regulations requiring landscaped areas. iv. All public landscaped areas shall be watered by automatic irrigation systems starting at the time landscaping is installed in order to establish and maintain plants. v. All private landscaped areas required to have automatic irrigation systems by Table 20.110-12 (Required Private Landscaping Components) shall be watered by automatic irrigation systems starting at the time landscaping is installed in order to establish and maintain plants. vii. With the exception of access driveways, curbs and sidewalks, the landscaped areas of off-street parking lots; and front and street side yards shall be maintained in a landscaped, decoratively treated condition, largely or wholly covered with living plant materials. In no case shall more than 75 percent of the required front yard or street side yard be used for a purpose other than landscaping as described herein. 9. Fences and Screening. i. Applicability. The requirements of this Section apply to all fences and walls in the transect zones unless otherwise stated. ii. Height limits. Each fence or wall shall comply with the height limits shown in Table 20.110-16 (Maximum Height of Fences or Walls). Table 20.110-16: Maximum Height of Fences or Walls Location of Fence or Wall Maximum Basic Height Maximum Height Exceptions Within front or street side setback 4’1 6’ if non-obscuring (not in excess of 50% opacity) above 4’ Within interior side or rear setback 6’ 8’2 1Front and side street fences must meet the Design Requirements of Section 20.110.014(i) (9) (v) (fence design). Fences above 4’ in height require the approval of the Director. 2The exception is only applicable for side setbacks if both abutting residential structures have at least 10 foot side yard setbacks, or if a residential parcel abuts a commercial or industrial use. The exception is only applicable for rear setbacks when rear yard is abutting an interior side yard. 131 iii. Measurement of Fence and Wall Height. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Where a fence is constructed on top of a retaining wall, the height shall be measured from the outside base of the retaining wall, where the yard is on the high side of the retaining wall, and from the top of the retaining wall, where the yard is on the low side of the retaining wall. iv. Fencing Permit Requirements 1. A fence permit is required to construct any fence of any height. A building permit is required to construct any fence six feet or more in height. 2. An application for a fence permit may be obtained from the Community Development Department and shall be approved by the Director if it conforms to the provisions of this Section. v. Fence Design. Fences shall be constructed, designed and maintained as follows: 1. Permitted Materials. Fences shall be constructed of wood, metal, masonry or other permanent materials designed for permanent fencing. Black vinyl coated chain link fence may be used only under the following conditions: a. For demarcation, fences ≤ 5’. b. For security, > 5’, only by review. No more than two types of related fencing materials shall be used in any fence or wall. Fences constructed of wood shall have posts in contact with ground of preservative- treated wood conforming to ASTM D1760 treated with waterborne preservatives to a minimum retention of 6.4 kilograms per cubic meter (0.40 pounds per cubic feet) and components and components not in contact with the ground treated with waterborne preservatives to a minimum retention of 4.0 kilograms per cubic meter (0.25 pounds per cubic feet) or shall be of heartwood of a decay-resistant species such as redwood or cedar. 2. Fence Maintenance. Every fence shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for landscaping and maintaining the area, if any, between the property line and the owner's fence. 3. Hazardous and Prohibited Materials. Fences shall not incorporate electrically charged wire, barbed wire and razor wire, spiked tips, chain link (with or without slats or vinyl or other coatings), woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fencing. 4. Posts and Supporting Members. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence shall be facing the adjacent property or public right-of-way. 5. Painting and Staining. All wood fences shall be painted or stained, except when constructed of the heartwood of a decay- resistant species such as redwood or cedar. All ferrous metal fences, including hot-dipped galvanized steel) shall be painted with a three-coat system consisting of a corrosion resistant primer and two finish coats, with preparation and application as recommended by the manufacturer. All other metal fences, including aluminum hot-dipped galvanized steel, shall be painted with at least a two-coat system intended for that purpose. 6. Gates a. Entry features over front yard gates (e.g., open latticed arbors and trellises), not exceeding eight feet in height, three feet in depth or five feet in width are allowed when located within the required front yard and do not interfere with the safety requirements in Section 20.110.014(f)(4)(v) (Safety Requirements). b. When a rear yard abuts an alley, the alley facing side of a solid fence shall be clearly labeled with the house address number. 7. Historic Structures. All fences in parcels with historic resources shall be consistent with the scale and character of the buildings and shall require approval by the Director. Administrative Design Review. 132 20.110.014(j) Low Impact Development: Managing Rainfall at its Source 1. Purpose Low Impact Development (LID) is an approach to stormwater management with a basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed decentralized micro-scale controls. The goal of this technique is to mimic a site’s predevelopment hydrology by using design methods that infiltrate, filter, store, evaporate, and detain runoff close to its source. Specific techniques are based on the premise that stormwater management should not be seen solely as stormwater disposal. The methods that follow are consistent with the built environment, civic spaces, street environments, and walkability of neighborhoods detailed in other sections of this Form Based Code. The provisions of this chapter establish the minimum level of Low Impact Design facilities which must be met to permit a property to be developed or redeveloped within Arlington. It is the specific purpose of this section to: i. Minimize water quality degradation and sedimentation in streams, ponds, wetlands, the Stillaguamish River, and other water bodies; ii. Minimize the impact of increased runoff, erosion, and sedimentation caused by land development and maintenance practices; iii. Maintain and protect groundwater resources; iv. Minimize adverse impacts of alterations to ground and surface water quantities, locations, and flow patterns; v. Decrease potential landslide, flood, and erosion damage to public and private property; vi. Promote site planning and construction practices that are consistent with natural, topographical, vegetative and hydrological conditions; vii. Maintain and protect the City stormwater management infrastructure and those downstream; 2. General i. Required Stormwater processes, permits, and documentation will vary significantly depending on specific site conditions and size of the proposed development or redevelopment. Responsibility for stormwater regulation rests with both the Public Works Department and the Department of Community and Economic Development. The stormwater documentation and requirements of the City of Arlington are available either directly on-line or by reference from the City’s website; www.arlingtonwa.gov. ii. Planning techniques, non-structural practices, and design methods specified in this Section, the Stormwater Management Manual for Western Washington (SWMMWW), and AMC 13.28.150 (Engineering and Design Requirements), and Puget Sound Partnership’s “A Guidebook for Local Governments” shall be used to implement Low Impact Design (LID) to the Maximum Extent Practicable (MEP). iii. The use of LID planning techniques and treatment practices must be exhausted before any structural Best Management Practice (BMP) is implemented. Stormwater management design plans for development or redevelopment projects subject to this Section shall be designed using LID sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the SWMMWW and local requirements. The MEP standard is met when channel stability is maintained, 100% predevelopment groundwater recharge is replicated, non-point source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary. iv. Alternative minimum control requirements may be submitted for approval to the Director. A demonstration that alternative requirements will implement LID to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation will be required by the department. 3. Stormwater Management Measures The LID planning techniques and practices in this Section, AMC 13.28.150, and the SWMMWW shall be used either alone or in combination in a stormwater management design plan. An applicant shall demonstrate that LID has been implemented to the 133 MEP before the use of a structural BMP is considered in developing the stormwater management design plan. i. Planning techniques and Practices. The following planning techniques shall be applied to the MEP according to the SMMWW and local requirements to satisfy the applicable minimum control requirements established by this Section: 1. Preserving and protecting natural resources; 2. Conserving natural drainage patterns; 3. Minimizing impervious area; 4. Reducing runoff volume; 5. Using LID practices to maintain 100% of the annual average predevelopment groundwater recharge volume; 6. Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces; 7. Limiting soil disturbance, mass grading, and compaction; 8. Clustering development; and 9. Any alternative practice approved by the Director. ii. The following LID treatment practices shall be designed to MEP according to the SWMMWW, and the Puget Sound Partnership: A Guidebook for Local Governments to satisfy the applicable minimum control requirements established by this Section: 1. Disconnection of rooftop runoff; 2. Disconnection of non-rooftop runoff; 3. Sheet flow to conversation areas; 4. Rainwater harvesting; 5. Submerged gravel wetlands; 6. Landscape infiltration; 7. Infiltration berms; 8. Dry wells; 9. Micro-bio retention; 10. Rain gardens; 11. Swales; 12. Enhanced filters; and 13. Alternative practices approved by the director. 4. Low Impact Development Facility Details i. Typical On-site LID facilities LID Development minimum lot grading and 100-year buffer requirements. 134 135 136 ii. Typical Street LID Facilities 137 Roadside curb extension sections: Roadside curb extension details: Adapted from the City of Portland, Oregon Pervious pavement sections: Bio retention swale at intersections: 138 20.110.014(k) Outdoor Lighting Standards 1. General i. All outdoor lighting must comply with the requirements of this section, with the following exceptions: 1. Lighting for bridges, monuments, statuary flags, and public buildings. 2. Sign illumination, which is addressed in Section 20.68 Signs. 3. Repairs to existing lighting, where no more than 25% of existing luminaires are replaced or repaired. Repairs include the reconstruction or renewal of any part of an existing luminaire, other than replacement of components such as lamps, capacitors, ballasts, or photocells. 4. Temporary special purpose lighting, such as lighting for special events or construction sites. 5. Underwater lighting in swimming pools and other water features. 6. Temporary holiday lighting. 7. Low intensity lighting used in landscape design and to illuminate walkways. 8. Lighting used under emergency conditions. 9. Lighting required by federal, state, or local regulations. 10. Any lighting approved by a special use permit. ii. Lighting Plan. All developments subject to site plan review per Section 20.16.010 must submit a lighting plan, stamped by a Washington State licensed engineer or other qualified professional, demonstrating compliance with this section. Single- unit dwellings, double-unit dwellings, and multi-unit dwellings of six units or less are exempt from this requirement. iii. Airport Influence Area: No lighting structures, devices or other objects shall be placed or erected that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, take off, or maneuvering of aircraft. 2. Lighting Zones i. Lighting Zone Descriptions. Each transect is assigned a lighting zone that describes the level and type of illumination per site. The lighting zones are described as follows: 1. LZ-0: No Ambient Lighting. Areas where the natural environment will be seriously and adversely affected by lighting. Impacts include disturbing the biological cycles of flora and fauna or detracting from enjoyment and appreciation of the natural environment. 2. LZ-1: Low Ambient Lighting: Areas where lighting might adversely affect the flora or fauna or disturb the character of the area. Lighting may be used for safety and convenience but is not necessarily uniform or continuous. 3. LZ-2: Moderate Ambient Lighting: Areas of activity with moderate light levels. Lighting is used for safety and convenience, but it is not necessarily uniform or continuous. 4. LZ-3: Moderately High Ambient Lighting. Areas of activity with moderately high light levels. Lighting is generally desired for safety, security, and convenience, and is often uniform and continuous. 5. LZ-4: Very High Ambient Lighting. Areas of activity with very high light levels. Lighting is generally considered necessary for safety and convenience and is mostly uniform and continuous. ii. Lighting Zone Assignments. Table 20.110-17: Lighting Zones identifies the lighting zones assigned to each transect. Within each lighting zone, there are separate standards in Section 20.110.014(k) (3) for non-residential and residential uses with more than six units, and for residential uses with six units or less. 3. Lighting Standards i. Lighting for Non-Residential and Residential Uses with More than Six Units. For all non-residential properties and for multi- family unit dwellings of more than six dwelling units with common outdoor areas, such as courtyards of parking lots, all outdoor lighting must comply with the following: 139 Total Site Lumen Limit. The total installed initial luminaire lumens of all outdoor lighting may not exceed the total site lumen limit of Table 20.110-18 Total site Lumen Limits, except as otherwise permitted by this section. The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires. For sites with existing outdoor lighting, the existing lighting must be included in the calculati on of total installed lumens. Maximum BUG Ratings. All luminaires must be rated and installed according to Table 20.110-19. Maximum BUG Ratings, which describes the maximum backlight (B), up light (U), and glare (G), as rated by the luminaire manufacturer, allowed in each lighting zone. Luminaires equipped with adjustabl e mounting devices permitting alteration of luminaire aiming are not permitted. 140 Table 20.110-19: Maximum BUG Ratings 1 2 2 2 3 4 4 4 1 2 3 4 141 3. Additional Allowable Lumens. Additional lumens are allowed above the total site lumen limits identified in table 2.9 (E) for the following applications: a. Building Entrances or Exits: An additional 400 lumens in LZ- 0, 1,000 lumens in LZ-1, 2,000 lumens in LZ-2, 4,000 lumens in LZ-3, and 6,000 lumens in LZ-4 are allowed per door for building entrances or exits, so long as the luminaires are within 20 feet of the door. b. Building Facades: An additional eight lumens in LZ-2, sixteen lumens in LZ-3, and 24 lumens in LZ-4 are allowed per square foot of the building façade that is to be illuminated, so long as the luminaires are aimed at the façade. c. Gas Stations: Impervious and Semi-Pervious Surfaces. An additional eight lumens in LZ-2, sixteen lumens in LZ-3, and twenty-four lumens in LZ-4 are allowed per square foot of total illuminated impervious and semi-pervious surface of a gas station, not including building footprints or areas under canopies. d. Gas Stations: Under Canopies. An additional sixteen lumens in LZ-2 and thirty-two lumens in LZ-3 and LZ-4 are allowed per square foot of area within the drip line of a gas station canopy, and must be located under the canopy. e. Drive-Through Facilities. An additional 4,000 lumens in LZ-2 and 8,000 lumens in LZ-3 and LZ-4 are allowed per drive- through window within 20 feet of the window. f. Outdoor Dining. An additional five lumens in LZ-2, ten lumens in LZ-3 and fifteen lumens in LZ-4 are allowed per square foot of total illuminated impervious or semi-pervious surface of an outdoor dining area within two mounting heights of the outdoor dining area. g. Outdoor Display: An additional eight lumens in LZ-3, twelve lumens in LZ-3 and eighteen lumens in LZ-4 are allowed per square foot of outdoor display area, not including driveways, parking areas, or other non-sales areas within two mounting heights of the outdoor display area. This includes open-air markets. ii. Lighting for Residential Uses with Six Units or Less. For residential dwellings of six units or less, all outdoor luminaires must be fully shielded, with the following exceptions: 1. Up to two partly shielded or un-shielded luminaires at each main entrance. 2. Low voltage lighting that does not project onto adjacent properties. 3. Shielded directional flood lighting that is aimed so that direct glare is not visible from adjacent properties. 4. Lighting installed with a vacancy sensor, which extinguishes the lights no more than 15 minutes after the area is vacated. iii. Lighting of Right-of Way. Outdoor lighting of public rights-of- way and private easements for vehicular, cyclist, or pedestrian ways must comply with the following: 1. All street lighting luminaires must be designed per the specifications of the Director of Public Works. 2. Lighting fixture spacing mist conform to light level and uniformity requirements per the American National Standard Practice for Roadway Lighting (RP-8) published by the Illuminating Engineering Society if North America (IESNA). 3. The suitability of the lighting fixture type for particular right- of-way and lighting conditions is at the discretion of the Director of Public Works. Lighting fixtures are divided into two basic types: a. Vehicular lighting, intended to illuminate areas for vehicular travel and parking, may be no more than 30 feet in height. b. Pedestrian Lighting. Intended to illuminate areas for pedestrian travel and seating, must be between 12 and 15 feet in height. 142 iv. Lighting by Special Use Permit A special use permit may be issued for lighting of sites with special requirements, such as sports facilities which do not comply with the technical requirements of this section but is consistent with its intent. A special use permit may be granted only where the lighting of such a site is found to be consistent with the general criteria of this section (20.110.014(j) and the following criteria: 1. Every reasonable effort will be made to mitigate the effects of light on the environment and surrounding properties. 2. The proposed use or lighting will not create unnecessary flare, sky glow or light trespass. v. Corner Visibility Corner visibility must be provided along all public rights-of-way, except for passages and allies in the T4N-SV, T4-MV, and T5-MV Transects. Corner visibility is defined as the triangular area formed by projecting the lines of intersecting curbs, or of street paving edges where there are no curbs, and the line joining these points 30 feet from their point of origin. No structure, including signs and fences, may be erected, and do plan foliage may be maintained between the heights of three and one-half feet and ten feet above the curb level in this area. 143 20.110.014(l) Architectural Standards 1. Compatibility with Surrounding Developments Intent: Developments should fit within their community and respond to their context. Context can be construed on different levels. Without defining a specific style, developments should still fit within the architectural context of Arlington and the Puget Sound region as a whole. This is especially true when there is no neighborhood context available. Much of this city and regional character comes from colors and materials; and building elements that provide protection from the Western Washington climate. When projects are constructed within existing neighborhoods, they should be similar or complementary in character to their surroundings. Multi-building developments should also have a cohesive design. A single building should also have a consistent quality of design on all of its sides. Arlington and Regional Compatibility Standard: Buildings shall be finished in muted, natural-hued colors and natural finishes. Bright colors shall be used as accents only. Buildings shall provide protection from the elements at a minimum at public entries. Protection shall be provided by at least one of the following elements: 1. A roof overhang with a minimum depth of (4) feet where the entry is in a one story form; 2. Recessed into the building to minimum depth of (3) feet; 3. An awning or canopy with a minimum depth of (4) feet; and/or 4. A gallery, where allowed in a Transect, construction per section 20.110.104(d). Neighborhood Compatibility Standard: Projects in existing developed areas with an established character shall be compatible with or complement the established architectural character of the neighborhood, specifically in: 1. Material and colors 2. Scale and proportions of forms; 3. Scale, proportion, pattern, and approximate head heights of doors and windows; and 4. Approximate floor level elevations 144 2. Compatibility within a Multiple Building Development Intent: Multiple building developments shall be designed with size, building massing, and setbacks that are consistent with the Place Types in which they are located. Standard: Similar building materials: All buildings in a multiple- building commercial development, including pad site buildings, shall be constructed of building materials and colors approved as part of the development application. Applications shall include illustrations and examples of building materials and/or colors. Similar Architectural Details: All buildings in a multiple- building development, shall be constructed of building materials and colors approved as part of the development application. Applications shall include illustrations and examples of building materials and/or colors. 3. Four Sided Design Intent: Buildings shall not look like they have a fake facade pasted on the front of them. Buildings shall be designed to ensure that they look like the same building on all sides. Consistent building details and proportions on all sides ensure a "four-sided" quality to a building. Standard: The design of the building shall provide consistent architectural details and avoid monotonous building massing and design. Architectural details and colors shall be consistent on all building walls. Roof/Equipment Screen: Roof equipment shall be screened from view of pedestrians and vehicles on all sides with a screen that is at a minimum the same height as the equipment. The screen shall be constructed from Visually Light Material. Utilities shall be 100% screened from the view of the public and internal streets. Don’t Do This: This infill building’s height, materials, and setbacks are compatible to the buildings surrounding it. These buildings are compatible with each other; they use similar heights, setbacks, and materials. 145 This building has no detailing on one wall. This building has different details on each wall. Do This: This single story commercial building has similar detailing on all visible walls. This street corner building has a similar level of detail on each façade. These mixed use buildings have different, yet compatible details from one section to the next; all parts of the building are equally well detailed. 146 4. Signage and Design Elements Intent: A building shall not be dominated by corporate or trademark architectural details; a building shall be compatible with other surrounding buildings and should not consist of building forms that primarily serve as signage and marketing elements. Standard: Corporate or Trademark Architecture. Individual corporate image, trademark, or marketing architectural design elements and colors shall be incorporated only as secondary design elements to the development and not as dominant elements. These architectural design elements shall be compatible with surrounding development and shall not define the character or style of the building or development. Building Signage. All street frontages, signage material shall be integrated into the overall design of the building. Signs shall be located to complement the architectural features of a building such as above the building entrance, storefront opening, or other similar features. Sign Ordinance: See Section 20.68 of the AMC. Standardized Marketing Features: The city reserves the right to require significant departures from standardized architectural "themes" that are intended to market or brand any type of entity that will occupy the structure. 5. Building Height and Transition Intent: Abrupt or severe differences in building scale or massing within mixed use developments, or in adjacent developments can dwarf or overwhelm the neighboring areas. Buildings shall be designed to minimize this difference in scale. Standard: Building height. Building heights are regulated by Section 20.110.014(c) (Place Types). Height transition to adjacent residential or mixed uses: any portion of a building closer than 50 feet from a common property line which has an existing residential or mixed use shall be no higher than twelve (12) feet above the highest point of the closest existing residential or mixed use structure. The closest existing structure shall be defined as the residential or mixed use structure that is closest to the common property line that the existing structure(s) and the proposed development share. This does not apply if the existing structure is located across a street from the proposed development. 147 6. Building Materials Intent: Buildings shall be attractive and durable. To insure this, buildings shall be constructed of high quality materials and require minimal maintenance. Standard: Building materials. Exterior building materials are classified according to their visual weight; exterior materials shall include, but shall not be limited to the following: Table 20.110-20 Allowed Exterior Materials Heavy Materials Light Materials Roofing Materials Stone; Natural or cultured matching the appearance of natural Wood Siding; Medium to narrow exposure or cut, natural or fiber cement Architectural Composition Shingles; With varied texture and color Brick; Natural or cultured matching the appearance of natural Shakes; Natural Metal; Standing seam, or architectural profiles Concrete Block (CMU); Integrally colored, split face Board & Batten; Natural wood and paneling or fiber cement Slate; Natural or cultured matching the appearance of natural Concrete; Finish grade cast-in-place concrete with reveals, aggregate texture, and/or cast texture Metal Panels; Phenolic core, braked pan-shape, or with integral rigid insulation to minimize oil-canning Single-Ply Membranes; Non-white, used only on flat roofs where not visible to pedestrians or vehicles Wood Siding; Horizontal wide exposure or board height, real or fiber cement Metal Siding; Architectural Profiles Built-Up Roofing; Used only on flat roofs where not visible to pedestrians or vehicles Steel; Columns or beams Glass; Thermally broken curtain wall Glass; Skylights or skylight systems Large Engineered Wood Materials Insulated Translucent Sandwich Panels Insulated Translucent Sandwich Panels; Skylight specific system Location: Heavy materials shall be located below medium and light materials; medium materials shall be located below light materials. Heavy materials shall extend to grade. Required Exterior Materials: At least 50% of the total exterior wall area of each building elevation, excluding gables, windows, doors, and related trim, shall be heavy materials. The balance of exterior wall area shall be medium or light materials. Synthetic Stone: Synthetic stone, such as pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete is permitted, provided it is identical in appearance and of equal or greater durability to natural stone. Vertical Change of Materials: A vertical change of materials shall occur at an interior corner or shall not occur within four (4) feet of an exterior corner. Building Rehabilitation: The rehabilitation of existing buildings shall comply with the requirements for exterior building materials. Use of alternate exterior materials for the rehabilitation of existing buildings is subject to approval by the Design Review Board. Column Standards: Columns shall be sized so that they have the visual weight necessary for their purpose. Visually Heavy Material columns shall be a minimum of 16” in any direction. Finished wood, or synthetic wood, columns shall be a minimum of 5 ½” in any direction if not supporting just a roof, or a minimum of 7” in any direction if supporting upper floors. Exposed structural steel columns may be any size necessary for their structural support. Prohibited materials: unless approved by the Design Review Board, exterior building shall not include the following: Table 20.110-21 Prohibited Materials Stucco; Except as an accent used on a maximum of 15% of an elevation, back-drained system only, may be used as either a Visually Heavy or Visually Light Material Exterior Insulating Finish System (EIFS) Vinyl Siding 148 Intent: Brick, stone, and other types of masonry or masonry veneer shall be detailed as Masonry bearing walls, especially at openings. Proper masonry detailing allows the building to be more pleasing to the eye because masonry openings and corners appear to be structurally supported. Standard: Exterior Corners. Stone and brick used on exterior walls shall not terminate at exterior corners. Masonry Openings. Openings in a brick or stone facade shall have a stone lintel, a tone or brick arch, or a brick soldier course. Window and door openings shall be classified as masonry openings. Vertical Change of Materials. A vertical change of materials from stone or brick to another material shall occur at an interior corner or shall not occur within four (4) feet of an exterior corner. Horizontal Change of Materials. Horizontal changes of material from brick or stone to another material shall include a stone cap or a brick sill; the cap or sill shall project from the face of the building. Don’t Do This: This building has no heavy materials Do This: The brick comprises at least 50% of the wall area; horizontal changes of materials do not occur within 4’ of an exterior corner. The stucco wall is located above the brick and stone wall; the brick and stone comprise at least 50% of the wall area. The stucco wall is located above the stone wall; the stone comprises at least 50% of the wall area. 149 Don’t Do This: The masonry opening has no lintel, arch or soldier course. The masonry terminates at an exterior corner on this building. Do This: This building uses an adequate stone cap at its horizontal change in material; the cap projects from the face of the building. The masonry turns the corner and continues at least four feet on this building; the vertical change in material form stone to brick and stucco does not occur within 4 feet of the exterior corner. 150 7. Building Modulation and Articulation Intent: Long, large buildings can be monotonous if they contain large or long expanses of surface area with no detailing or shadow lines; recesses and projections in building walls help to proportion and subdivide the massing of large buildings. Tall building walls with little detailing emphasize their height and dwarf human beings. Tall building walls shall have an apparent base, middle, and top. Standard: Facade Modulation. Any facade exceeding 30 feet in length shall include at least one change in wall plane, such as projections or recesses, having a depth of at least three (3) percent of the entire length of the facade; this projection or recess shall extend over at least 20% percent of the entire length of the facade. Roofs. Buildings larger than 50,000 square feet shall include both pitched and flat roofs with parapets. Vertical Building Bays. All building facades shall consist of vertical building bays that are a maximum of 30 feet in width. The edges of each bay shall be defined by a vertical architectural feature that projects or recesses from the wall plane a minimum of eight (8) inches. Building Base. A recognizable base shall include, but shall not be limited to:  Thicker walls, ledges, or sills.  Integrally textured, colored, or patterned materials such as stone or other masonry.  Raised planters which are integral to the building face. Building Top. A recognizable top shall include, but shall not be limited to:  Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials.  Sloping roofs with eaves and bracket. Don’t Do This: The building wall exceeds 30’ in length without modulation; it also contains no vertical bays or building base and top. The colors on this building wall do not qualify as a building base; they are merely a change in color. 151 Do This: The façade consists of vertical building bays no wider than 30’. This building has a clear building base and building top. 8. Building Scale Intent: To ensure a comfortable pedestrian experience, the scale of large buildings shall be visually reduced by elements that divide a large building into smaller proportions. Standard: Building walls shall be subdivided and proportioned using features such as windows, entrances, storefronts, arcades, arbors, awnings, trellises, or other similarly-scaled architectural details. These features shall cover at least 90% of the building front wall length and at least 60% of other building wall lengths. The full width of each vertical building bay that contains the previously-listed details shall be counted towards the minimum length of the building that must contain these details. Brick Patterning 152 Don’t Do This: This building front contains few features to break up its length or large proportion; the features do not cover at least 90% of the building front. This building has a painted pattern; which is not enough of a feature to break up the large façade. Do This: This building breaks up the front façade into smaller proportions with storefronts, windows, awnings, other features; these features cover at least 90% of the building front. This building uses windows, arcades, storefronts, awnings and building setbacks to break up the long façade; these features cover at least 90% of the building front. 153 9. Pitched Roofs and Eaves Intent: Pitched roofs shall be simple hip, shed, or gable configurations. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The use of alternating dormers, stepped roofs, gables, or other roof elements can be used to add visual relief and articulation to the overall building form. Standard: Allowed Pitch Roof Configurations. Pitched roofs shall be gable, hip, or shed configurations with overhanging eaves. Visible Roof Standards: Roofs visible from pedestrian and vehicles shall be sloped and of an approved material in section20.110-20. Sloped roofs shall have a pitch of 3:12 rise: run to 12:12 rise: run. Any portion of visible sloped roofs exceeding (80) feet in length shall include scaling elements including, but not limited to, a change in plate height, dormers, stepped roofs, and / or gables. Allowed Slope. Pitched roofs shall have a minimum slope of four (4) feet vertical rise for every twelve (12) feet of horizontal run; the maximum slope is limited to one (1) foot vertical rise for every one (1) foot of horizontal run. Roof Modulation. A pitched roof more than 90 feet in length shall include a change in parapet height or pitched roof height at least every 90 feet. This change in height shall align with the vertical building bays. Buildings larger than 50,000 square feet shall include both pitched and flat roofs with parapets. Roof Elements. Continuous pitched rooflines greater than 90 feet in length shall include roof elements that align with the vertical building bays and roof modulation. Roof elements shall include, but shall not be limited to, dormers, stepped roofs, gables, or other roof elements that add significant visual relief to the roof line. Don’t Do This: Do This: 154 10. Gutters, Downspouts, and Scuppers Intent: Building devices used to control rainwater shall be compatible with the roofing system and shall not dominate the facade of a building. Parapets and cornices shall not be interrupted by stormwater elements. Standards: Gutters, downspouts, and scuppers shall be constructed of high-quality, commercial grade metal. These elements shall be integrated into the design of the elevation, placed in harmony with the forms and openings. Parapets shall be continuous above scuppers. Gutters are prohibited on flat roofs. Gutters, downspouts, and scuppers shall be shown on drawings submitted for Architectural Standard approval. Don’t Do This: Do This: 155 11. Customer and Public Entrances Intent: Customer and public entrances shall ensure accessibility to the public, create primary focal points for the facade, and provide a comfortable proportion for the pedestrian entry. Standard: Number of Entrances. Buildings larger than 50,000 square feet (gross floor area) shall provide at least two (2) customer or public entrances. Buildings smaller than 50,000 square feet (gross floor area) are encouraged to provide multiple customer or public entrances. Location. Buildings larger than 50,000 square feet (gross floor area) shall orient customer or public entrances toward a public street or an internal street or drive. Prominent Entrances. Each building on a site, regardless of size, shall have clearly-defined, highly-visible customer entrances featuring no less than three (3) of the following:  Awnings or porticos  Overhangs  Recesses/projections  Arcades  Raised corniced parapets over the door  Peaked roof forms  Arches  outdoor patios  Architectural detail such as tile work and moldings integrated into the building structure and design  Integral planters or wing walls that incorporate landscaped areas and/or places for sitting Internal Circulation: All stairwells, corridors, and other circulation components of the building shall be completely enclosed within the building envelope. Don’t Do This: Do This: 156 12. Windows Intent: Windows shall be vertically proportioned; this allows the window opening to appear to be structurally supported. Window trim is not compatible with masonry construction. Upper story windows shall logically align with building bays and windows on the ground floor so the upper floors look like they are part of the same building as the ground floor. Standards: Window Proportion. Window panes shall be vertically proportioned. Window Trim. Window openings on brick, stone, cast stone, or synthetic stone buildings shall not be trimmed. Lintels, sills, and arches are not considered trim. Window openings without trim or molding shall have window frames at least two (2) inches wide when looking at the finished façade of the building. Upper Story Windows. Windows located above the ground floor shall align with ground floor windows, ground floor doors, and the building modulation. Display Windows. The light source for display windows shall not be visible from the exterior of the building. Don’t Do This: Do This: is at least 2” wide. 157 13. Glazing Intent: The ground floor of commercial buildings shall be transparent. Ground floor transparency guarantees a visual connection to the passers-by and is usually necessary for most retail structures. By exposing the ground floor to the exterior, there is an invitation to participate with the activity inside. Standard: Required Transparency for Primary Facades. Primary facades shall be glazed and transparent according to the following table: Transect Minimum Glazing Required on All Primary Facades Minimum Transparency Required on All Primary Facades T4-MS; T5-MS 75% of the pedestrian view plane 75% of the pedestrian view plane T4N-MV; T4-F; T5N-LV; T5-F 50% of the pedestrian view plane 25% of the pedestrian view plane T4N-SV Residential Minimums The remaining window area that is not transparent may be spandrel, display windows, frosted windows, etc.  Between 25%and 60% of the second floor façade and above shall be transparent glazing.  Transparent glass shall possess a minimum 60% light transmittance factor.  Areas of the building that are functionally restricted from providing vision glass may be exempted provided other architectural scaling techniques are employed.  No highly reflective glazing shall be permitted within the lower 80% of the building façade (maximum reflectance factor of .20) No first floor reflective coating is permitted. Primary Facades. A primary facade shall be considered any front facade or facade that fronts onto a street, access way, pedestrian walkway, or internal drive; alleys and service drives shall not be considered streets, access ways, or internal drives for the purposes of this requirement. Pedestrian View Plane. The pedestrian view plane shall be defined as the exterior wall area located between two (2) feet and ten (10) feet above the exterior grade. Exclusions. This standard shall not apply if the Director determines that the required transparency is inconsistent with the operational requirements of the building. 158 Don’t Do This: The primary façade of this commercial building is not adequately glazed or transparent. At least 75% of the pedestrian view plane should be glazed and at least 25% of the pedestrian view plan should be transparent. These windows are reflective or opaque because they are not transparent from the exterior or interior of the building. They meet the glazing requirement, but cannot be classified as transparent Do This: The primary façade of this mixed use building is correctly glazed and transparent; at least 75% of the pedestrian view plane is glazed and at least 75% of the pedestrian view plane is transparent. The primary façade of this commercial building is correctly glazed and transparent; at least 75% of the pedestrian view plane is glazed and at least 75% of the pedestrian view plan is transparent. 159 20.110.014(m) Administration and Procedures 1. Purpose and Applicability i. Purpose: This Section establishes procedures and requirements for the preparation, filing, and processing of the land use permit applications required by this Mixed Use Code. ii. Applicability: The standards, permits, procedures, and other requirements of this Mixed Use Code shall be administered and enforced per this Article, unless specifically stated otherwise in this Mixed Use Code. All applicable provisions of Title 20 of the Arlington Municipal Code (AMC) that are not specifically replaced or identified as not applicable shall continue to apply. iii. Effect of Existing and Proposed Development and Land Use 1. Requirements for new structures or land uses, or changes to structures or land uses. No permit shall be issued by the City unless the proposed project complies with all applicable provisions of this Mixed Use Code and Title 20 of the AMC, including the applicable findings, conditions of approval, and all other applicable provisions of law. 2. Legal Parcel. The site of a proposed land use, development, modification or other improvement subject to this Mixed Use Code shall be on a parcel(s) legally created in compliance with the City’s Subdivision or Binding Site Plan Regulations. Parcels created after the adoption of this Form-Based Code are subject to the requirements in Section 20.110.014(c) (Place Types) for the applicable Transect Zone. 3. Minimum requirements. The provisions of this Mixed Use Code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When this Mixed Use Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the approval of any project proposed in the area subject to this Mixed Use. 4. Effect on Existing Development and Land Uses. Development and/or use(s) legally existing as of the adoption of this Mixed Use Code shall comply with Section 20.110.014(m) (4) (Nonconforming Provisions). 20.110.014(n) Application and Processing Procedures 1. Purpose: The purpose of this Section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Mixed Use Code. 2. Authority for Land Use and Zoning Decisions: Table 20.110-22, below, identifies the Review Authority responsible for review, approval, and appeal of all applications for property located within the Mixed Use Regulating Plan boundaries. Permits and procedures specific to this Mixed Use Code are in Division 20.110.014(o) (Permit Review Procedures). 160 Table 20.110-22: Review Authority 1,2 3 4 1 Appeals from the final decision of the hearing examiner, or other city board or body involving the city's land use code and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County Superior Court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within twenty-one days of the date the decision or action became final, unless another applicable appeal process or time period is establis hed by state law or local ordinance. 2 Notwithstanding any other provisions of this chapter, whenever a Place Type Use Table or other provisions of this Section pro vides that a use in a Mixed Use Zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the community development director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the communi ty development director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other haza rds or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other use s that are permissible in the Transect in question. 3Appeal to the Design Review Board shall be at the discretion of the Director. 4The process for variances shall follow the provisions contained in AMC Section 20.20.30 (Variances). 161 3. Application Preparation and Filing: i. Application content. All development applications shall be filed with the Community Development Department on a City application form, together with all required fees and/or deposits and all other information and materials specified by the Community Development Department for the specific type of application. ii. Eligibility. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the Director on behalf of the City Council. iii. Application Fees: 1. Fee Schedule a. The City maintains a schedule of fees for processing applications required by this Mixed Use Code, hereafter referred to as the Community Development Fee Schedule. b. The Community Development Fee Schedule is adopted by resolution of the City Council. This Fee Schedule may be evaluated and/or amended as often as determined to be necessary by the City Council. 2. Timing of Payment. a. Applications shall not be deemed complete and processing shall not commence on any application until all required fees or deposits have been paid. b. Failure to pay supplemental requests for payment of required fees and/or deposits in a timely fashion shall be a basis for postponement or automatic withdrawal of any permit or other requested entitlement, notwithstanding any other provisions of this Mixed Use Code. 3. Refunds and Withdrawals. a. No refund due to denial shall be allowed. b. In the case of a withdrawal, the Director shall authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal. 20.110.014(o) Project Permit Review Procedures 1. Purpose: This Section establishes review procedures for project permits required by this Mixed Use Code. Other permit review Sections of AMC Title 20 may be included in this Section by reference when an exception or modification requires additional clarification in order to implement this Mixed Used Code. 2. Permits and Procedures: i. Project Permit Review. 1. Purpose. The purpose of this Section is to provide the appropriate level of review for specified development projects in the Mixed Use Regulating Plan area. As applied to the Mixed Use Overlay District, these requirements replace the Design Review procedures in Section 20.46.010 of the AMC. 2. Intent. The intent of this Section is to ensure that all approved development: a. Promotes the orderly development of the City in compliance with the goals, objectives, and policies of the Comprehensive Plan, and the Land Use Code; b. Protects and enhances property values by encouraging high quality and aesthetically pleasing development; c. Respects the physical and environmental characteristics of the site; d. Ensures safe and convenient access and circulation for pedestrians, bicycles, and motor vehicles; e. Exemplifies the best professional high quality materials and design practices; f. Allows for and encourages individual identity for specific structures and uses; and g. Encourages the maintenance of distinct neighborhoods and/or community identity. 3. Applicability a. Permit Review Required. No Building Permit shall be issued for any structure or improvement identified in Table 20.110- 22 (Review Authority for Permit Review), in any Mixed Use Transect until the permit review is complete for any 162 construction that is not specified as exempt in compliance with Section 4 (Exemptions), below. b. Other permits and approvals. Project Review may be required in compliance with this Section in connection with the granting of other permits (e.g. Conditional Use Permit, Special Use Permit). 4. Exemptions a. The following types of construction are exempt from the Project Review provisions of this Section but shall comply with all other applicable requirements of the Land Use Code: i. All painting, siding, roofing, and other maintenance and replacement items with like or compatible materials or colors. ii. Decks of no higher than four feet from grade at any point (excluding railings). Replacement of existing decks where the structure is similar in size, design, and appearance to the deck replaced. iii. Residences and residential additions of less than 250 square feet total floor area and less than 15 feet in height above the existing grade, except exempt residences and residential additions, including but not limited to minor window, door, and roof modifications. Exception status may not be granted from Project Review for more than one addition in any twelve-month time frame. iv. Accessory structure of less than 250 square feet total floor area and less than nine feet in height from the existing grade. v. Commercial additions or improvements of less than 500 square feet to building or site surfaces, not abutting Transects, T4-SV, or T4N- MV. Replacement or reconstruction of existing equipment and appurtenant facilities where the new equipment and facilities are similar in size, design, and appearance to the equipment or facility replaced. vi. For temporary structures of less than 500 square feet total floor area on commercial or industrially zoned property, not abutting Transects T4N-SV, or T4N- MV, Project Review shall not be required unless determined necessary by the Director or his/her designee. b. Any exterior development of a structure or specific site feature listed on the National Register of Historic Places, the Washington Heritage Register, or the Heritage Barn Register or identified as a contributing structure to a historic district identified in other state or county historic registries or as determined by a qualified architectural historian or state or federal historic preservation organization as having significant historic contribution to an area shall not be exempt. 5. Applicable Review Authority. An application for Project Review shall be reviewed and approved or denied by the Review Authority specified in Table 20.110-23 (Review Authority for Project Review), below, unless the application is being processed concurrently with another discretionary application, in which case the decision shall be made by the review authority responsible for reviewing any other application (e.g., Conditional Use Permit, Variance etc.) in compliance with Table 20.110-23 (Review Authority) and the provisions of this Mixed Use Code. 6. Application Filing, Processing, and Noticing. a. All applicants for Project Review are strongly encouraged to work with their neighborhood Home Owners Association prior to submitting a formal application for Project Review with the City of Arlington. b. An application for a Project Review shall be filed and processed in compliance with Section 20.110.014(o) (Permit Review Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 7 (Findings and Decision), below. c. Notice and Hearings. Public notice and hearings shall be conducted in compliance with Section 20.16.120 (Notices). 7. Findings/Conditions of Approval. a. In granting Project Review approval, the Review Authority shall first make all of the following findings. All findings shall be based upon the factual data presented to the Review Authority. If all findings cannot be made, the Project Review 163 application shall be denied with or without prejudice at the Review Authority’s discretion: i. The proposed project is suitable for its purpose, is harmonious with and relates properly to, the surrounding neighborhood, contiguous parcels, and the site itself; ii. The location, size, design, and characteristics of the proposed project will be compatible with and will not be detrimental to the public health, safety, or welfare of persons residing in or working in or adjacent to the proposed project: iii. The overall design will be of a quality that will preserve the integrity of, and upgrade, the existing neighborhood; iv. The design of the proposed project complies with the Arlington Comprehensive Plan and all applicable provisions of AMC Title 20 (Zoning Code). v. Any projects requiring a SEPA review and where the Project Review Authority is the final discretionary review prior to issuance of building permits may not be approved unless there has been a determination of non-significance by the lead agency (as defined in Section 20.98.250), or the conditions stipulated in the determination of significance have been met. If the City has completed a SEPA review for the specific Mixed Use Overlay area, the provisions if this Section do not apply. b. The Review Authority shall have the authority to impose reasonable conditions related to design impacts caused by the project when approving the Project Review application in order to: i. Achieve the specific purposes of the Transect Zone in which the project is to be located, the general purposes of the Zoning Code, and consistency with the Comprehensive Plan; ii. Protect the public health, safety, and welfare of the citizens of the City. iii. Ensure that the design of the proposed project will be compatible with the area surrounding where it will be located. 8. Decision and Appeals. 164 Table 20.110.23 (A) Review Authority for Project Review Role of Review Authority Type of Construction Director1 Design Review Board Residential Development New residential construction located on one or more contiguous parcels under the same ownership that does not require a discretionary approval by the Planning Commission or City Council Decision Additions to the existing single-family dwelling units that exceed 500 square feet or 25 per cent of existing floor area and that exceed 15 feet in height above the existing grade. Decision Accessory structures of more than 250 square feet of floor area that exceed 9 feet in height above the existing grade when visible from a public right-of-way. Decision Non-Residential and Mixed Use Development All new commercial, industrial, institutional, and mixed use structures Including accessory structures of up to a maximum of 10,000 square Feet of gross floor area, except as otherwise provided in this Section Decision Appeal3 Additions to existing structure(s) in all non-residential zones that are 30 percent of less of existing floor area and do not exceed 10,000 square feet when visible from a public right-of-way or alley. Decision Appeal3 Additions to existing structure(s) in all non-residential zones of 10,001 square feet or more of existing gross floor area, when visible from a public right-of-way or alley. Recommendation Decision Other New fences and walls located along street and public right-of-way frontages. Decision New public or private parking lots or structures and restriping of existing lots of up to a maximum of 10,000 square feet. Decision New public or private parking lots of structures and restriping of existing lots of up to a maximum of 10,001 square feet or more. Decision Notes: 1The Director may, at his/her discretion, defer action and refer the request to the Design Review Board for decision. 2Decisions of the Design Review Board may be appealed to Hearing Examiner. 3Applicant appeal to the Design Review Board shall be at the discretion of the Director. 165 a. The Review Authority shall render its decision on a Project Review application within 30 days of the date an application is deemed complete. b. The decision of the Review Authority shall become final 10 calendar days after the decision is rendered unless an appeal is filed in compliance with Section 20.110.014)n) (Application Processing Procedures). 9. Miscellaneous. a. The approval of a Project Review application shall lapse two years after its date of approval, or at an alternate time specified as a condition of approval, unless: i. A building permit has been issued and construction diligently pursued, or; ii. A certificate of occupancy has been issued; or iii. The Land Use Permit has been extended. b. A Project Review approval is not affected by a change of ownership and shall run with the land. c. A Project Review approval that is exercised in violation of a condition of approval or a provision of this Subsection, may be revoked or modified as set forth in Section 20.110.014 (o) (Revocation/Modification Provisions). d. A request for minor changes in the exterior design of projects approved by the Review Authority may be approved by the Director, although such changes shall be limited to changes in window orientation and scale, landscaping materials and placement, and detailing. e. The Director may renew Project Review approvals for a single one-year period If a request is received at least 30 calendar days before approval lapses and the Land Use permit has been likewise extended. f. If an application for Project Review is denied, then no new application for the same, or substantially the same design shall be filed within six months of the date of the denial of the initial application, unless that denial was made without prejudice. 3. Special Use Permit i. Purpose. The purpose of a Special Use Permit (SUP) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed Use Code. A SUP provides a process for reviewing uses that may be appropriate in the applicable Transect Zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. A special use permit allows uses that have increased potential for incompatibility in a Transect to be carefully reviewed to determine, against fixed standards, whether their establishment on any given site should be allowed. These uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. There may be additional conditions placed on the proposed development to better insure compatibility with existing development within the Transect. Such conditions may include, but are not limited to, the following: 1. Regulate the location, extent, business hours, and intensity of proposed use(s). 2. Require additional landscaping or screening of such uses by means of fences, walls, and vegetation; 3. Stipulate required minimum lot sizes, minimum yards, and maximum height of buildings and structures; 4. Regulate vehicular access and traffic volume, and the design and location of parking and loading areas and structures; 5. Regulate signs, architectural features, and outdoor lighting to be more compatible with the surrounding neighborhood; 6. Require that certain covenants or dedications for public streets be designed and recorded in accordance with regulations in the Subdivision Ordinance, and/or the Binding Site Plan Ordinance; 7. Any other conditions deemed necessary to effect the purposes of the Mixed Use Overly code. ii. Review Authority. Special Use Permits shall be approved or denied by the Director. The Director may choose to refer any Special Use Permit application to the Planning Commission for review and final decision. 166 iii. Application Filing, Processing, and Noticing. 1. Filing. An application for a Special Use Permit shall be filed and processed in compliance with Section 2.10.2 (Application Processing Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 5 (Findings and Decision), below. 2. Notice and Hearings. Public notice and hearings shall be conducted in compliance with Section 20.16.120 (Notices). 3. Required findings. The Review Authority may approve a Special Use Permit only after first making all of the following findings: a. The proposed use is consistent with Comprehensive Plan; b. The proposed use is allowable within the applicable Transect Zone and complies with all other applicable provisions of this Mixed Use Code and the Municipal Code; c. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; d. The subject site is: i. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicles (e.g. fire and medical) access and public services and utilities; and ii. Served by thoroughfares adequate to accommodate vehicle and other modes of transportation that the proposed use would likely generate. iii. The site’s suitability ensures that the type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially detrimental to the improvements, persons, property, or uses in the vicinity and Transect Zone in which the property is located; and iv. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Special Use Permit. iii. Decisions and Appeals. 1. The Director shall render his/her decision on a Special Use application within 30 days of the date an application is deemed complete. 2. The decision of the Director shall become final 10 calendar days after the decision is rendered unless an appeal is filed in compliance with Section 2.10.2 (Application Processing Procedures). 3. If the Director forwards the Project Review to the Planning Commission for decision, the Planning Commission's decision is appealable to the Hearing Examiner in compliance with Section 20.20.010. iv. Permit to run with the Land. A Special Permit approved in compliance with the provisions of this Section shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Section and the provisions of Section 20.110.0140(p) Nonconforming Provisions. Section 20.110.014(p) Nonconforming Conditions 1. Purpose. This Division provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Mixed Use Code, but which would be prohibited, regulated, or restricted differently under this Code. 2. Intent. i. In order to limit the number and extent of nonconforming uses, structures, and parcels created by adoption of this Mixed Use Code, it is the City’s intent to generally allow nonconformities to continue until they are removed, but not to encourage their long- term survival. ii. It is further the intent of this Section that nonconformities shall not be altered, enlarged, expanded, extended, moved, reconstructed, or reestablished after abandonment or 167 discontinuance or restored after involuntary destruction, except in compliance with this Section. iii. This Section shall not apply to any use or structure established in violation of Title 20 of the AMC, unless the use or structure presently conforms to the provisions of this Mixed Use Code. 3. Proof of Legal Nonconformity. The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Section. i. Property owner’s responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property is a legal nonconformity as specified in this Section. ii. Appeal of determination. The Director’s determination of legal nonconformity shall be appealable to the Hearing Examiner. 4. Nonconforming Uses. A legal nonconforming land use may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. i. Continuance of a legal nonconforming use. The continuance of a legal nonconforming use shall be allowed subject to all of the following provisions: 1. Change of ownership. Change of ownership, management, or tenancy of a nonconforming use shall not affect its nonconforming status, provided that the use and intensity of use, as determined by the Director, does not change. 2. Additional development. Additional development (e.g., alteration, enlargement, extension, or reconstruction) of any property on which a nonconforming use exists shall require that all new development be in compliance with the applicable provisions of this Mixed Use Code. 3. Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. 4. Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in this Section. 5. A vacant property or building in which the last use was nonconforming may be occupied by the same use if occupied within a period of 180 days after the building became vacant. After this time period, the building/property must comply with the requirements of this Mixed Use Code, except as noted in Subsection (f) below. 6. Nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be replaced by another similar nonconforming use only after the Director first finds all of the following: a. The nonconforming use is similar to or less intensive than the use originally allowed; b. The nonconforming use generally adheres to the intent of the Comprehensive Plan. c. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and d. The non-conforming use has not been vacant or discontinued for a period of 180 or more consecutive calendar days. 7. Use of lands without structures: a. If any lands with no structure of any kind is used for a purpose which is not in compliance with the regulations of this Mixed Use Code, the use may continue for a period of up to five years from the date of the adoption of this Code. b. After the expiration of the five-year period, the property owner will be required, in consultation with the Community Development Department, to develop a phased development plan. 5. Nonconforming Structures. The use of a legal nonconforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. i. Enlargement or moving. Nonconforming structures shall not be enlarged, extended, moved, or reconstructed unless the new 168 location or enlargement, extension, or reconstruction conforms to the current development standards for the Transect Zone in which the structure is located. ii. Ordinary maintenance, repairs, and replacements; a. Ordinary maintenance and repairs. Nonconforming structures may undergo ordinary maintenance and repairs. b. Partial replacements. i. Limited portions of nonconforming structures may be replaced so long as the cost of replacement does not exceed 25 percent of the structure’s appraised valuation. ii. Successive replacements in any 24-month period cannot exceed 25 percent of the structure's appraised value. The appraised value shall be set on the date of the oldest building permit pulled within the 24-month period. iii. The restrictions specified in this Subsection shall not apply to affordable housing developments if their application would decrease the number of low- income rental housing units available in the City. 6. Nonconforming Parcels. i. Legal building site. A nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Mixed Use Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant: a. The parcel was created by a recorded subdivision; b. The parcel is under one ownership and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming; or c. The parcel was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent. ii. Subdivision of a nonconforming parcel. No nonconforming parcel shall be subdivided or granted a lot line adjustment unless the subdivision or lot line adjustment eliminates the nonconforming status. 7. Effect of Conditional/Special Use Permit Requirements. i. Absence of Conditional/Special Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Special Use Permit that would be required by this Mixed Use Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.). Any change in use would require the approval of a new Conditional Use Permit or Special Use Permit. ii. Previous Conditional Use Permit in Effect. A use that was authorized by a Conditional Use Permit but is not allowed by this Mixed Use Code in its current location may continue, subject to the requirements of this Section and in compliance with the original Conditional Use Permit and conditions of approval. 8. Residential Exemptions. An involuntarily damaged or destroyed nonconforming single- or multifamily dwelling unit may be reconstructed or replaced with a multifamily structure with the same footprint (including pre- existing nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements. 9. Loss of Nonconforming Status of a Legal Nonconforming Structure. i. Termination by discontinuance. 1. If the use of a nonconforming structure is discontinued for a continuous period of 180 days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Form-Based Code. 2. The use of a nonconforming structure shall be considered discontinued when any of the following apply: a. The: intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director (for example the owner has not renewed the business license or utility bills are unpaid); b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with 169 equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued; or c. Where there are no expense or sales receipts available for the discontinued period. ii. Termination by destruction. 1. Nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other acts of nature, except as follows: a. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size, building envelope, and use, and the use continued, if the restoration is started within 12 months of the date of damage and is completed within two years following initiation of restoration: i. Appraised values shall be determined by a State licensed appraiser and confirmed by the Building Official. ii. Estimates of repairing or replacing the damaged portion of the structure shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. 10. Exceptions. i. Following a public hearing, the Planning Commission may approve or deny an exception to this Section including any conditions of approval deemed necessary, so long as an applicant can provide evidence of the following: 1. That the building or structure was erected in compliance with the existing codes of the City which were in effect at the time that the building or structure was erected, 2. That the granting of an exception will not substantially alter the intention of the Transect Zone within which the building or structure is located, and 3. That granting an exception will not absolve or excuse an applicant for a permit from the full provisions of the Building Code and the requirements for compliance thereto. 170 20.110.016 APPENDIX 20.110.016(a) Definitions, General 20.110.016(b) Definitions Specific to Permissible Uses 20.110.016(c) Comprehensive Plan Goals and Policies achieved through this land use plan. 20.110.016(d) Acknowledgements 171 20.110.016(a) Definitions, General Accessory Unit: (see definition in 3.2 Definitions Specific to Permissible Uses) Activity Centers - mixed-use centers that vary by scale and activity mix depending on location. They include commercial, retail, offices, residential, shared parking, and public spaces. This plan identifies existing and potentially new activity centers throughout the planning area. ADA - Americans with Disabilities Act. Adaptive Re-use - fixing up and remodeling a building or space, adapting the building or space to fit a new use. Adequate Public Facilities - the public facilities and services necessary to maintain an adopted level of service standards in specific geographic areas for various facilities, including but not limited to streets, park and recreation facilities, water and sewer service, storm drainage, and fire and police protection. Administrative Facilities - typically thought of office space, housing offices, conference rooms, training rooms, reception areas, copy and break areas, filing, storage, and workstations. Administrative space is approximately 60 to 70 percent offices/workstations and 30 to 40 percent common/support space. Agricultural Lands - are lands used primarily for raising crops, forage and livestock, and community gardens. Airport - An area of land or water that is designed or set aside for the landing and taking off of aircraft, including those for private use and those used by ultra-light and light sport aircraft. Alley: a vehicular passageway usually located to the rear of lots providing access to service areas and parking, and containing utility easements. Alleys will generally be paved with drainage by inverted crown at the center or with roll curbs at the edges. Amenity Zone: the band between the back of curb and the sidewalk which contains such things as street trees, pedestrian scale lighting, street furnishings and bicycle parking. Appropriate Locations (for land uses) - areas that are determined to be appropriate for a particular type of land use or activity, as typically measured by compatibility of land use; appropriate levels of impact, such as may result from noise, lighting, or other environmental effects. Arterial Street - larger road or highway purposed to carry longer trips across the region and to other regions. Attached Green: a public open space which is located between a residential property and a street with adjacent homes facing the open space. An attached green is less than a block in length. Avenue (AV): a thoroughfare of high vehicular capacity and low speed. Avenues are short distance connectors between urban centers. Avenues may be equipped with a landscaped median. Avenues become collectors upon exiting urban areas. Best Management Practice (BMP) – Schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants to waters of Washington State. “Big Box” Development - developments over 50,000 square feet; usually national chain commercial retail stores with large parking lots. Block Face: the aggregate of all the building facades on one side of a block. The Block Face provides the context for establishing architectural harmony. 172 Block: the aggregate of private lots, passages, rear lanes and alleys, circumscribed by thoroughfares. Bonding - approved municipal bonds are interest-bearing securities that are issued for the purpose of financing local infrastructure improvements. Repayment periods from a few months to 40 years allows the issuer to pay for capital projects it cannot pay for immediately with funds on hand. Boulevard (BV): a thoroughfare designed for high vehicular capacity and moderate speed. Boulevards are long-distance thoroughfares traversing urbanized areas. Boulevards are usually equipped with slip roads buffering sidewalks and buildings. Boulevards become arterials upon exiting urban areas. Building - a roofed structure built, maintained, or intended to be used for the shelter or enclosure of persons, animals, or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are dived by party walls, each unit is a building. Building Face: an exterior building wall. For the purposes of this Chapter, it is one which is visible from a public street alley, or public trail or open space and subject to the standards herein. Building Type: a structure category determined by function, position on the lot, and configuration, including frontage and height. For example, a townhome is a type, not a style. Building Type Categories: are categories of building types that can represent different market sector demands, and are an important part of creating intergenerational neighborhoods. Build-to Line. The line at which construction of a building façade is to occur on a lot. A build-to line runs parallel to, and is measured generally from the front property line and is established to create an even (more or less even) building façade line on a street. It is distinguished from a setback line in that it is an absolute dimension (minimum and maximum), not a setback minimum dimension. Capped Blocks (or End-Capped Blocks): are blocks where along the short side, homes are turned 90 degrees and front on what is usually called a side street. This provides attractive block faces in all directions. Casing: Casing is the trim/molding around a door or window. It may be either flat or molded. It can also be used to cover or encase a structural member, such as a post or beam. Civic Activities - Not-for-profit or governmental activities dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building designed specifically for a civic function. Civic Buildings include buildings for not-for-profit organizations dedicated to arts, culture, education, recreation, government and transit. These buildings are encouraged to be high image buildings and may exceed the standards set out in the FB District. Commercial: the term collectively defining workplace, office, retail and light manufacturing/industrial functions. Civic Space - an outdoor area dedicated for public activities. Cluster Development - a practice of low-impact development that groups residential properties closer together, which can be a means of preserving rural resources and minimizing service and utility costs as well as maximizing protection of natural resources and open space. Collector Street - a street purposed with collecting traffic from surrounding local roads, often within a neighborhood or district, and delivering to an arterial street. 173 Commercial Cores - the center of every activity center has a commercial core, allowing and encouraging commercial, institutional, high-density residential and mixed-use development, transit opportunities and encouraging pedestrian- oriented design. Community Facilities - public or privately owned facilities used by the public (e.g., streets, schools, libraries, parks) and facilities owned by nonprofit private agencies (e.g., churches, safe houses, and neighborhood associations). Commuter [Bus] Route - a fixed bus route running only during peak commute times, usually in the morning and evening. Compact Development - development that uses land efficiently through creative and intensive site, neighborhood, and district design. Complete Streets - streets, roadways, and highways that are designed to safely and attractively accommodate all transportation users (drivers, bus riders, pedestrians, and bicyclists). Travelers of all ages and abilities can safely move along and across a complete street. Context (or Contextual Development) - refers to the significant development, or resources, of the property itself, the surrounding properties, and the neighborhood. Development is contextual if it is designed to complement the surrounding significant visual and physical characteristics; is cohesive and visually unobtrusive in terms of scale, texture, and continuity; and if it maintains the overall patterns of development. Compatibility utilizes the basic design principles of composition, rhythm, emphasis, transition, simplicity, and balance of the design with the surrounding environment. Context Sensitive Solution (CSS) - a way of designing and building transportation facilities and infrastructure to seamlessly reflect and minimize impacts on adjacent land uses and environmentally sensitive areas. A CSS project complements its physical and natural setting while maintaining safety and mobility. Conventional Zoning - a practice of urban planning where every day uses are separated from each other and where land uses of the same type are grouped together. It is also referred to as Euclidean zoning. Cultural Resources - aspects of a cultural system that are valued by or significantly representative or informative of a culture, and generally referring to archaeological resources and the histories surrounding these cultures. Density - the amount of development within a given area, usually expressed in dwelling units, population, or employment per acre or square mile. Design Standards - standards and regulations pertaining to the physical development of a site including requirements pertaining to yards, heights, lot area, fences, walls, landscaping area, access, parking, signs, setbacks, and other physical requirements. Development - the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any property owner. When appropriate to the context, development refers to the act of development or to the result of development within the City. Disaster Preparedness Shelter - structure(s) used during such instances where there is an imminent loss to sleeping areas identified through a declaration of threat, disaster, or emergency by means of a natural disaster, or other identified community threat. The shelter may or may not have food preparation or shower facilities. 174 Diverse Neighborhoods - include a mix of uses, with various housing types near or mixed in with restaurants, shops, grocers, banks, hair salons, coffee shops, day care centers, fitness studios, and law, dental, and insurance offices. In these type of neighborhoods, residents can find more products and services close by, and it creates potential for employment, walking, biking, and less driving. A mix of housing types means more people can work close to home Effluent - wastewater (treated or untreated) that flows out of a treatment plant, sewer, or industrial outfall. In the context of wastewater treatment plants, effluent that has been treated is sometimes called secondary effluent, or treated effluent. Emergency Services - services to the public for emergencies and related buildings or garages (e.g., ambulance, fire, police, and rescue). Emergency Shelter - a type of homeless shelter that provides temporary housing on a first-come, first-served basis where clients must leave in the morning and have no guaranteed bed for the next night or provide beds for a specific period of time, regardless of whether or not clients leave the building. Facilities that provide temporary shelter during extremely cold weather (such as churches) are also included. Employment Center - an activity center with mixed-use; research and development offices; medical offices; office space; business park; retail, restaurant, and tourism center; light- industrial; heavy-industrial; live-work spaces; and home-based businesses. Environmentally Sensitive Lands - include floodplains, riparian areas, wetlands, seeps and springs, and steep slopes. These areas contain critical resources and require special consideration in the development design and review process. Euclidean Zoning - a practice of urban planning where every day uses are separated from each other and where land uses of the same type are grouped together. It is also referred to as conventional zoning. Financial System - how public revenues and expenditures are managed, including planning for future needs. Flex Space: Floor area built to provide for flexibility of use over time, and which is constructed in a manner that can accommodate residential, office or retail use. It will conform to commercial Building Code standards and ADA accessibility, and have at least a 12-foot clear ceiling height. Floodplain - any areas in a watercourse that have been or may be covered partially or wholly by floodwater from a 100-year flood as located on the most current FEMA flood map. Form Based Code (FBC): Refers to development standards that focus primarily on the public realm such as street corridors, open space and civic areas. Such standards utilize timeless principles of "place making". Gentrification - is a shift in an urban community towards wealthier residents and/or businesses and increasing property values, often at the expense of the poorer residents of the community. This is a result of the process of renewal and rebuilding. GIS - a Geographic Information System (GIS) designed to capture, store, manipulate, analyze, manage, and present geographical data to reveal relationships, patterns, and trends. Government Offices - include governmental office buildings and grounds. Governmental Service and Maintenance Facilities - support the maintenance and servicing activities of government- owned land, property, and buildings. 175 Great Streets - streets designed to take into account their entire three-dimensional visual corridor, including the public realm and adjacent land uses. Great streets are “complete” streets, meaning they service and take into account all users — not just motor vehicles, and serve as interesting, lively, and attractive community spaces. Greenfield Development - when previously undeveloped land is developed, this is known as a “greenfield development,” and it can often be the best examples of sustainability principles in action. Across the country, there are new Greenfield developments that incorporate sustainable programs and technologies, including lifecycle housing, complete streets, parks and open spaces, integrated retail and office, energy- efficient buildings, innovative rainwater and stormwater facilities, sidewalks and trails, and other features. Private lands within the city and county hold entitlements for development. Green Infrastructure - An interconnected network of waterways, wetlands, woodlands, wildlife habitats, and other natural areas of county-wide significance. Heritage Resources - an inclusive term of cultural and historic resources, enveloping historic buildings, a historic building’s setting, as well as paleontological and archaeological resources, including all of the cultures of native peoples and western civilization, and including natural features and landscapes of significant uniqueness to an area. The term is more consistent with international standards and definitions. In the United States, the term “Heritage Resource” is technically interchangeable with the term “Cultural Resource. Historic and Cultural Areas - are lands that contain significant historic or cultural resources Historic Development - includes buildings, roads, signage, lighting, and landscaping. Home Occupation: (see definition in 3.2 Definitions Specific to Permissible Uses) Human-Caused Hazards - hazards resulting from human developments or activities such as faulty construction; poor site layout; improper location of land uses; airport approaches or high noise areas; over-pumping of groundwater; or use, storage, or disposal of explosive, flammable, toxic, or other dangerous materials or crime. These hazards may pose a threat to life and property and may necessitate costly public improvements. Infill - occurs when new buildings are built on vacant parcels within city service boundaries and surrounded by existing development. Infrastructure - includes but is not limited to sewer lines, water lines, reclaimed water lines, roads, intersections, sidewalks, landscaping in the right-of-way, gateways, housing, green infrastructure, public art, and in some cases may include utilities such as electric power, data, natural gas, cable television, and telephone. Invasive Species - a species that spreads and establishes over large areas and persists. Some native plants can be considered invasive in certain circumstances. The national Invasive Species Council defines invasive species as a species that is: (1) non- native (or alien) to the ecosystem under consideration; and (2) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Livability Index - a means to quantitatively measure “quality of life” in a particular city. The number is based upon various factors, such as average wage, cost of living, pollution, social services, cultural opportunities, and diversity. Liner Building: a building specifically designed to mask a parking lot or a parking garage from a street or open space. A 176 Liner Building, must be at least 30 feet deep and accommodate any allowed use but parking. Live-Work: a fee-simple dwelling unit that contains, to a limited extent, a separate commercial component. There will be separate entries to the commercial and residential components. There may also be an internal connection between the uses. At least one resident must be actively involved in the business. Loft: a flexible residential space which may be partially used for an artist or design studio, or other allowed creative or commercial activity, and which is characterized by higher than normal ceilings, open floor plans and often, exposed duct work. Mews Alley: and alley that serves residents or businesses which face directly on to public open space or a Green Street and is commonly used for addressing, fire protection, mail delivery and access to parking. Local Streets - serve immediate access to property and are designed to discourage longer trips through a neighborhood. LOS - Level of Service. Low-Impact Development (LID) – a site planning and engineering design approach to managing stormwater runoff. Unlike traditional methods of stormwater design, LID emphasizes conservation and use of on-site natural features to protect water quality. This approach implements engineered small-scale hydrologic controls to replicate the pre- development hydrologic features of watersheds through infiltration, filtering, sorting, evaporation, and detaining. Maximum Extent Practicable (MEP) - Designing stormwater management systems so that all reasonable opportunities for using Low Impact Design planning techniques and treatment practices are exhausted and only where absolutely necessary, a structural Best Management Practice is implemented. Mixed-Use Development - any urban, suburban, or rural development, or even a single building, that blends a combination of residential, commercial, cultural, institutional, or industrial uses, where those functions are physically and functionally integrated, and that provides multi-modal connectivity.. Mobility - the degree to which people and goods may move safely, efficiently, and effectively between origins and destinations. Mode - a means of travel such as pedestrian, bicycle, transit, or truck. Multi-modal - travel or transportation systems characterized by more than one means or mode of transport. Native American - a member of any of the indigenous peoples of the Americas. Natural Areas - are open lands left in a primarily natural state that contain significant natural, cultural, aesthetic, or recreational features that warrant protection. Natural-Caused Hazards - hazards resulting from natural events, such as flooding, subsidence, earth faults, unstable slopes or soils, or severe climatic conditions (e.g., drought, snow, rain, wind) that present a threat to life and property and may necessitate costly public improvements. Neighborhood - includes both geographic (place-oriented) and social (people-oriented) components, and may be an area with similar housing types and market values, or an area surrounding a local institution patronized by residents, such as a church, school, or social agency. Noxious Weeds - a legal term applied to plants regulated by state and federal laws, defined as “any species of plant that is detrimental or destructive and difficult to control or eradicate 177 and includes plant organisms found injurious to any domesticated, cultivated, native or wild plant.” Obstruction - any structure or tree that exceeds permissible height limitations or is otherwise hazardous to the landing or taking off of aircraft. Offices (see definition in 3.2 Definitions Specific to Permissible Uses) Open Space - undeveloped or minimally developed lands that have been designated to remain undeveloped, be preserved to protect natural resources, serve as a buffer, and provide opportunities for recreation that requires no facilities. Such recreational uses include walking, trail running, biking, photography, and sitting quietly. Open spaces differ from parks in that open spaces do not have the developed facilities that are traditionally associated with city parks, such as stadium-style lighting, bleachers, playground equipment, and competitive sports fields. Parks and Recreation Areas (see definition in 3.2 Definitions Specific to Permissible Uses) Pedestrian Shed - the basic building block of walkable neighborhoods. A pedestrian shed is the area encompassed by the walking distance from a town or neighborhood center. Pedestrian sheds are often defined as the area covered by a 5- minute walk (about 0.25 mile or 1,320 feet). They may be drawn as perfect circles, but in practice pedestrian sheds have irregular shapes because they cover the actual distance walked, not the linear (crow flies) distance. Phasing Plan: a plan that establishes the order of development of a large project. It will address such things as required Building Type Categories, parks and open space, trails, roadway connections and other items as necessary. Plaza - a civic space type designed for civic purposes and commercial activities in the more urban areas, generally paved and spatially defined by building frontages. Preservation - an endeavor that seeks to preserve, conserve, and protect buildings, objects, landscapes, or other artifacts of historical significance. Public Buildings - include civic and community centers, public schools, libraries, police and fire stations and other public buildings. Public Parks or Recreation Facilities - outdoor recreation facilities that are open to the public for passive and active recreational activity, such as pedestrian activities, hiking, and jogging; or serve as an historical, cultural or archaeological attraction; playgrounds; ball parks; and allowing organized competitive activities. Public Realm: the area generally used by the public - streets, sidewalks, trails and open space. The quality of the public realm is greatly impacted by the design of elements within it, and by the land uses and architecture adjacent to it. A successful public realm creates value for the larger neighborhood and contributes to a positive regional image of the City. Public Sanitary Sewer - includes sanitary sewer systems other than individual on-site systems approved by the State or County and maintained by a public or private agency authorized to operate such systems. Public Services and Facilities - include police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights- of-way, easements, and facilities for them. Redevelopment - occurs when new development replaces outdated and underutilized development. 178 Revitalization - to repair what is already in place, adding new vigor by remodeling and preserving. Rural - describes areas within the region with a low density of people, residences, jobs and activities and characterized with large lot development, paved and unpaved two-lane roads with natural edges, minimal services and goods available to residents, and abundant open spaces and agricultural uses. Public transit commuting opportunities may exist. Rural Floodplains - delineated floodplain areas that are essentially open space and natural land uses and are unsuitable for urban development purposes due to poor natural soil conditions and periodic flood inundation. Rural Growth Boundary - the line on a map that is used to mark lands in unincorporated areas of the county that are suitable for rural development, as well as lands to be preserved as open lands. Safety - the protection of our community from natural and artificial hazards, evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures, and geologic hazard mapping. Scenic Views, View sheds, and Vistas - include open hillsides and natural watercourses School, Charter - a public school established by contract with a district governing board, the state board of education, or the state board for charter schools to provide learning that will improve pupil achievement. School, Private. (see definition in 3.2 Definitions Specific to Permissible Uses) School, Public (see definition in 3.2 Definitions Specific to Permissible Uses) Services - are anything from a fire station to a fleet shop because of the large equipment and storage involved. Facilities in this category typically have larger space requirements because there is large equipment and/or storage involved. Heating and cooling, interior finishes, and circulation areas required for services are unique and must be addressed to be functional. Service space is defined as 15 to 25 percent offices/workstations and 75 to 85 percent common and support areas. Setback: Is the distance from a property line, curb, or structure within which building is prohibited. It is expressed as a single dimension or as a range of dimensions. It is distinguished from a Build-to line by the fact that it is a minimum distance, not an absolute line. Shared Parking Policy: an accounting for parking spaces that are available to more than one use or property. The requirement is reduced by a factor, shown as a calculation. The Shared Parking ratio varies according to multiple functions in close proximity which are unlikely to require the spaces at the same time. Streetscape: the urban element that establishes a major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.). Social vitality - the invigoration or continued and increased activity of citizens, cultural activities, and civic engagement (such as voting). Suburban - describes areas within the City in which a person is mostly dependent on the automobile to travel to work or other destinations (sometimes referred to as Drivable Suburban), and 179 to accomplish most shopping and recreation needs. These environments may have areas where it is possible to walk or ride a bike for recreational purposes, but due to the lack of connectivity or nearby amenities, are not favorable for walking or biking as a primary mode of transportation on a day-to-day basis. Suburban areas have medium to low densities of people, residences, jobs and activities with some services and goods available to residents, the streets and sidewalks vary in their design, and access to public transportation may be available. Sustainability - living and managing activities in a manner that balances social, economic, and environmental considerations to meet Arlington’s current needs and those of future generations. A sustainable Arlington is a community where the social wellbeing of current and future citizens is supported by a vibrant economy and a self-renewing healthy environment. Substantial Modification: alterations to a building that is valued at more than 50% of the replacement cost of the entire building. Terminated Vista: a location at the axial conclusion of a thoroughfare. A building located at a Terminated Vista designated on a Regulating Plan/Phased Development Plan is required to be designed in response to the axis. Transit-Oriented Development (TOD): development which is oriented to and in close proximity, generally one quarter to one half mile from a transit station. These developments are characterized by higher density and have a higher level of pedestrian activity and transit use than other forms and location of development. Trails - pathways for all forms of non-motorized transportation and recreation. Urban - areas with a higher density of people, residences, jobs and activities; buildings are taller and close to the street; streets and sidewalks are in a grid pattern of relatively small blocks; the area is walkable and a variety of services and goods are available; served by public transportation. Urban Floodplains - delineated floodplain areas that are located in developed urban areas of the City. Urban Growth Boundary - the line on a map that is used to mark the separation of urbanized land from rural land and within which urban growth should be encouraged and contained and outside of which urban development should not occur. Vacant Land - is publicly- or privately-owned undeveloped land that is not currently protected from development. Verge- A paved or planted area along the edge of a road or sidewalk Vernacular Development - refers to the tradition of design resulting in simple small structures or borrowed architectural design, such as mid-western style storefronts and craftsman bungalows, built with local materials. View Shed - an area of land that is visible to the human eye from a vantage point with particular scenic value that may be deemed worthy of preservation against development or other change. Walkable - describes areas of the City within which a person can walk, bike or ride transit to work, and to fulfill most shopping and recreation needs. These environments, sometimes referred to as Drivable Urban, allow for the use of automobiles but do not require the use of a vehicle to accommodate most daily needs. These areas are characterized by a variety of destinations within walking distance, such as commercial establishments (such as everyday retail or office), civic establishments (such as religious, nonprofit, or government), civic spaces, or transit stops. On-street parking, 180 trees, and other design elements are typical and sidewalks are sized appropriately for the number of walkers. Buildings meet the street in such a way to make the “outdoor rooms” that define the best urban places, and building facades are human scale, with frequent doorways and windows, and attractive details and ornament. WSDOT – Washington State Department of Transportation. Zoning Ordinance - A set of legally binding provisions adopted by the City Council consistent with state law regulating the use of land or structures, or both, used to implement the goals and policies of the Comprehensive Plan. 181 20.110.016(b) Definitions Specific to Permissible Uses Accessory Structure. A structure physically detached from, secondary and incidental to, and commonly associated with a primary structure and/or use on the same site. Accessory structures normally associated with a residential use include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles (including incidental restoration and repair); personal recreational vehicles and other personal property; studios; workshops; greenhouses (noncommercial); enclosed cabanas and pool houses; and storage sheds. Accessory structures normally associated with a non- residential use include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles and work related vehicles and equipment (including incidental restoration and repair); storage structures; workshops; and studios. Accessory Uses. A use subordinate, customarily incidental and exclusive to the principal use of a building or lot and located on the same lot as the principal building or use, except as otherwise specified. Alcoholic Beverage Sales. The retail sale of beer, wine and/or spirits for on-site or off-site consumption, either as part of another retail use or as a primary business activity. Animal Services. An establishment where animals are treated. 1. Animal Services, Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more animals (four months of age or older), except for dogs or cats for sale in pet shops or in animal hospitals, but includes pet day care. Artisan Production. See "Production, Artisan." Automatic Teller Machine (ATM). A type of banking and financial services with automated or self-service banking features with no staff or personnel provided. Bank/Financial Services. Financial institutions, including, but not limited to: banks and trust companies; credit agencies; holding (but not primarily operating) companies; lending and thrift institutions; other investment companies; securities/commodity contract brokers and dealers; security and commodity exchanges; and vehicle finance (equity) leasing agencies. Does not include check-cashing stores. Cemetery. A burial ground for the interment of the human dead, including columbaria and mausoleums, but excluding crematories or mortuaries classified as undertaking, funeral and interment services. Community Garden. A site used for growing plants for food, fiber, herbs, and flowers and shared and maintained by community residents. Conditional Use Permit. See “Permit: Conditional Use” Cultural Institution. A nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, libraries, aquariums and observatories. Day Care Center. An establishment, other than a Day Care Home, licensed by the State of Washington when required and providing care and supervision for seven or more persons on a less than 24- hour basis. This classification includes nursery schools, preschools, day care centers for children or adults and any other day care facility licensed by the State of Washington. 182 Day Care Home, Adult. A day care facility located in a permanent residence where an occupant of the residence provides care and supervision for three or fewer adults at one time with no outside employees. Day Care Home, Child. A child care facility located in a permanent residence where an occupant of the residence provides care and supervision for seven to twelve children at one time, including children under the age of 6 related to the provider. The provider must be licensed by the State of Washington and can have no more than one employee assisting. Drive-Through Services. Facilities where food or other products may be purchased or services may be obtained by motorists without leaving their vehicles. Examples of drive- through sales facilities include fast-food restaurants, drive-through coffee, photo stores, pharmacies, bank teller windows and ATMs, dry cleaners, etc., but do not include gas station or other vehicle services. Dwelling. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long term basis. Dwelling, Accessory. An auxiliary dwelling unit located within an accessory structure of a primary dwelling unit on the lot. Includes, but is not limited to, dwelling units in guest houses, pool houses and carriage houses, above or beside a garage. Eating or Drinking Establishment. A business selling ready to eat food and/or beverages for on or off-premise consumption. Furniture and Fixture Manufacturing. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re- upholstering businesses, and wood and cabinet shops, but not sawmills or planning mills. General Retail. Stores and shops intended to serve the city as destination retail rather than convenience shopping. Examples of these stores and lines of merchandise include: Art galleries; retail; art supplies, including framing services; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); drug stores and pharmacies; dry goods; fabrics and sewing supplies; furniture and appliance stores; hobby materials; home and office electronics; jewelry; luggage and leather goods; musical instruments; parts; accessories; small wares; specialty grocery store; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores; videos, DVD's, records, and CD's, including rental stores. Does not include Sexually Oriented Businesses. Home Occupation. A commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 20.40.050 (Accessory Uses), but that can be conducted without any significantly adverse impact on the surrounding neighborhood. The following is a non-exhaustive list of examples of enterprises that may not be home occupations (see Section 20.08.010):  Veterinarians  Clinics  Auto repair  Auto sales  Real estate offices  Any use that would cause similar impacts. 183 Lodging, Bed & Breakfast. The use of a single residential structure for commercial lodging purposes, with up to five bedrooms used for the purpose of lodging transient guests and in which meals may be prepared for them, provided that no meals may be sold to persons other than such guests. Lodging, Hotel. A lodging establishment of 25 or more rooms in a building or group of buildings offering transient lodging accommodations on a daily rate to the general public. Additional services may include a restaurant, meeting rooms, and recreational facilities. Lodging, Inn. A building or group of buildings used as a lodging establishment having 6 to 24 guest rooms providing overnight accommodations and breakfast to transient guests. Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. Medical Services, Clinic. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with five or more licensed practitioners and/or medical specialties; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional/Administrative.” Medical Services, Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under “Medical Services - Clinic, Urgent Care.” Counseling services by other than medical doctors or psychiatrists are included under “Office - Professional/Administrative.” Meeting Facilities. A facility for public or private meetings, including, but not limited to: community centers; civic and private auditoriums; grange halls; union halls; meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms and storage. Does not include conference and meeting rooms’ accessory and incidental to another primary use and which are typically used only by on-site employees and clients and occupy less floor area on the site than the offices they support. Does not include: cinemas; performing arts theaters; indoor commercial sports assembly or other commercial entertainment facilities. Related on-site facilities such as day care centers and schools are separately defined and regulated. Office: Professional. Office-type facilities occupied by businesses that provide professional services or are engaged in the production of intellectual property. Examples of these uses include, but are not limited to: accounting; auditing and bookkeeping services; advertising agencies; attorneys; business associations; chambers of commerce; commercial art and design services; construction contractors (office facilities only); counseling services; court reporting services; design services including architecture; engineering; landscape architecture; urban planning; detective agencies and similar services; doctors; educational; scientific and research organizations; financial management and investment counseling; literary and talent agencies; management and public relations services; media postproduction services; news services; photographers and photography studios; political campaign headquarters; psychologists; secretarial; stenographic; word processing; and temporary clerical employee services; security and commodity brokers; and writers' and artists' offices. 184 Outdoor Entertainment. The provision of television or musical, theatrical, dance, cabaret, or comedy act performed by one or more persons either electronically amplified or not and/or any form of dancing by patrons and guests outside of the principal building on a deck or patio. Park, Open Space, Playground. Facilities which include community centers, playing fields, courts, gymnasiums, swimming pools, wave pools, spray grounds, picnic facilities, golf courses and country clubs, zoos and botanical gardens, as well as related food concessions. Parking Facility, Public or Private. Parking lots or structures operated by the City or a private entity providing parking either for free or for a fee. Does not include towing and impound facilities. Permit; Conditional Use. A permit issued by the Hearing Examiner that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the Council. A Conditional Use Permit allows the City to consider uses that may be essential or desirable, but are not allowed as a matter of right within a transect or zoning district. It also allows the City to control certain uses which could have detrimental effects on the community. The Table of Permissible Uses assigned to each Place Type specifies those uses for which a Conditional Use Permit may be requested. Permit; Special Use The purpose of a Special Use Permit (SUP) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed Use Code. A Special Use Permit allows uses that have increased potential for incompatibility in a Transect to be carefully reviewed to determine, against fixed standards, whether their establishment on any given site should be allowed. These uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. There may be additional conditions placed on the proposed development to better insure compatibility with existing development within the Transect. A Special Use Permit may be initiated by either an applicant or the Director. Permitted Use. Any use allowed in a transect zone without a requirement for approval of a discretionary use permit, but subject to any restrictions applicable to that transect. Personal Services. Establishments that provide non-medical services to individuals as a primary use. Examples of these uses include, but are not limited to: barber and beauty shops; clothing rental; dry cleaning pick-up stores with limited equipment; home electronics and small appliance repair; laundromats (self-service laundries); locksmiths; massage (licensed, therapeutic, non-sexual); nail salons; pet grooming with no boarding; shoe repair shops; tailors; and tanning salons. These uses may also include accessory retail sales of products related to the services provided. Primary Structure. The main structure on a lot, containing a residential, commercial, office or industrial use. Production, Artisan. On-site production of goods by hand manufacturing which involve the use of hand tools and small-scale equipment. Production, General. Manufacturing of products from extracted or raw materials, recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes, but is not limited to: food, beverage and tobacco product manufacturing; textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. 185 Production, Intensive High Impact. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining. Production, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials. This classification includes, but is not limited to: food manufacturing; computer and electronic product manufacturing; electrical equipment; appliance; component manufacturing; and other uses as determined by the Director. Printing and Publishing. Printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals and establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.” Public Safety Facility. A facility operated by a public agency including fire stations, other fire preventive and fire-fighting facilities, EMF, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch on the same site. Recreational Facility, Indoor. An establishment providing indoor amusement and entertainment services for a fee or admission charge, including: Bowling alleys; coin-operated amusement arcades; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; and pool and billiard rooms as primary uses. Any establishment with four or more electronic games or amusement devices (e.g., pool or billiard tables, pinball machines, etc.) or a premises where 50 percent or more of the floor area is occupied by electronic games or amusement devices is considered a commercial recreation facility. Three or fewer machines or devices are not considered a use separate from the primary use of the site. Does not include Sexually Oriented Businesses. Recreational Facility, Outdoor. A facility for outdoor recreational activities where a fee is charged for use. Examples include, but are not limited to: amusement and theme parks; camping and picnicking areas; go-cart tracks; golf driving ranges; miniature golf courses; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, and video game arcades. Does not include golf courses and country clubs. Religious Assembly. An establishment for religious worship and other religious ceremonies including religious education, rectories and parsonages, offices, social services, columbaria and community programs. Research and Development. An establishment primarily engaged in the research, development and controlled production of high technology electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of nontoxic computer components. Sexually Oriented Business. Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio or sexual establishment as further defined in Chapter 20.08.010 of the Municipal Code. 186 Special Use Permit. See “Permit: Special Use”. Studio: Art, Music, Dance. Small-scale facilities, typically accommodating no more than two groups of students at a time in no more than two instructional spaces. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Utility. Installations or facilities or means for furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, irrespective of whether such facilities or means are underground or above ground; utilities may be owned and operated by any person, firm, corporation, municipal department or board, duly appointed by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards. Vehicle Services, Minor Maintenance and Repair. Incidental minor repairs to include replacement of parts and service to passenger cars, but not including any operation defined as “automobile repair, major,” or any other operation similar thereto. Vehicle Services, Major Maintenance and Repair. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body or frame, straightening or repair, overall painting, or paint shop. Vehicle Services, Service Station. A building and/or lot or use having pumps and storage tanks where motor vehicle fuels or lubricating oil or grease or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including greasing and oiling on the premises and car washing; and where repair services is incidental to the use. Incidental Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers, to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include, but are not limited to: agents; merchandise or commodity brokers; and commission merchants; assemblers; buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Wireless Telecommunications Facility. Public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. 187 20.110.016(c) Comprehensive Plan Goals and Policies achieved through this land use plan. The following Goals and Policies of the 2015 Arlington Comprehensive Plan are articulated in detail in this Land Use Plan. Throughout the process of Code development, the Comprehensive Plan consistently informed the decisions regarding both residential and commercial development contained herein. Most elements of the Comprehensive Plan relate directly to the elements of this Land Use Plan; listed below are those that most directly impact the decision- making process. Overall Goals and Policies Goals: GO-1 Ensure City Goals and Policies are consistent with the Growth Management Act. GO-2 Continue to provide effective stewardship over the natural and build environments within the City, ensuring harmony between both environments through application of best practices techniques. GO-3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GO-6 Preserve and promote Arlington’s “small town” character Policies: PO-6.1 Site design and building architecture in residential and commercial developments should be human- scaled (i.e., pedestrian friendly) and conducive to social interaction. PO-6.2 Residential plats (subdivisions) should be designed to encourage pedestrian activity through incorporation of amenities such as, but not limited to, sidewalks on both sides of the street, street furniture, street trees, and pedestrian paths connecting the plat to adjacent residential, commercial, educational, or recreational facilities. PO-6.4 Land -use developments should be conducive to social interaction. PO-6.5 Both publicly and privately owned civic spaces should be included in both commercial and residential neighborhoods to ensure adequate gathering places for residents. PO=6.6 Design Guidelines/Standards should be established, maintained, and enforced, in order to ensure that all new development both within the Private and Public Realms are in harmony with the desired character of each respective neighborhood subarea. PO-6.7 All land use decisions and other relevant City decisions will be reviewed against these goals and policies – including Countywide Planning Policies and Multi-County Planning Policies – to ensure internal and external consistency. 188 Housing Goals and Policies Goals: GH-1 Diversify the City's housing stock. Policies: PH-1.1 A variety of housing types and densities should be encouraged on lands with a residential land-use designation. PH-1.2 Detached Accessory Dwelling Units should be permissible in residential zones. PH-1.3 Mobile and manufactured home parks should be permissible in the City subject to specific site plan requirements. PH-1.4 Adequate housing opportunities for residents with special housing needs should be provided within the City. PH-1.5 Different classes of group homes should be permissible in residential neighborhoods. PH-1.6 Pre-zoning designations within the City's unincorporated Urban Growth Area greater than fifty acres and slated for residential development should provide for a nix of housing: types and densities. Goals: GH-2 Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. Policies: PH-2.1 Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. PH-2.2 Cottage Housing should be incentivized in moderate and high density residential areas within the City. Goals: GH-3 Ensure stable residential neighborhoods through public investment in infrastructure and by preserving existing housing stock. Policies: PH-3.1 Funds should be adequately budgeted for periodic maintenance of existing infrastructure in residential neighborhoods throughout the City. PH-3.2 A long-term plan should be developed for bringing neighborhoods that lack adequate infrastructure up to the City's current streetscape standards. Goals: GH-4 Encourage the development of special needs housing within the City. Policies: PH-4.1 The City should support the development of housing for the elderly, handicapped, and other special needs populations through the allowance of mixed-use housing, group housing, and other housing types. 189 PH-4.2 Senior housing should be located in close proximity to hospitals, public transportation routes, retail/service centers, and parks. Goals: GH-5 Ensure quality housing stock within the City. Policies: PH-5.1 The City should develop and maintain Development Design Guidelines/Standards that address aesthetic and environmental design issues for single-family and multi-family residential development PH-5.3 The City should promote the conservation of housing through investment in the infrastructure serving residential areas (storm drainage, street paving, and recreation). Goals: GH-6 Establish and maintain a streamlined permitting processing to help create predictability for customers. Policies: PH-6.1 The City should maintain streamlined permit processing procedures, centralized counter se3rvices, pre-application conferences, printed information summarizing permit approval requirements, standards and specifications, area-wide environmental assessments, concurrent permit and approval processing, permit and approval deadlines, and single hearings. Goals: GH-8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City. Policies: PH-8.1 The City should work to ensure that housing options for low and moderate income households are: a) Dispersed throughout the City to discourage a disproportionate concentration of such housing in any one geographical area of the City. b) Are located near amenities such as commercial and employment areas, transportation facilities, and recreational opportunities, and; c) Are inclusive of a variety of housing types. PH-8.3 The City should support and encourage private developers and organizations who seed to provide below-market housing units by utilizing various tools such as a) allowing alternative development types (e.g. ADU’s, Clusters, Cottage Housing, Small Lots, Zero Lot Lines, Bungalow Courts), b) implementing regulatory tools (e.g., Inclusionary Zoning, SEPA Exemption, Flexible Development Standards, Performance Standards), providing general incentives (e.g. density bonuses, parking reductions, permitting priority), d) financial help (e.g. reduced permit and utility connection fees), e) encouraging project level actions that help with affordability (affordability covenants). The City should provide criteria and process for ensuring that those units remain affordable over time. PH-8.4 As part of any rezone that increases residential capacity, the City should consider requiring a portion of units to be affordable to low and moderate income households. 190 Land Use Goals and Policies Goals: GL-1 Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. Economic Development: Attain the highest level of economic well-being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. Environmental Preservation and Conservation: Through both preservation and conservation ensure the proper management of the natural environment and resources. Goals: GL-2 Preserve and promote a safe, clean and aesthetically pleasing living environment. Policies: PL-2.1 Storage of soil. Yard waste, refuse, machines and other equipment in rights-of-way and building setbacks should be prohibited. PL-2.2 Installation of curbs. Gutters, sidewalks, landscape strips, and vegetated LID facilities for all developments should be installed unless the permit-issuing authority makes specific findings that such improvements would not be consistent with these or other goals or policies. Curb cuts are permitted at bio-retention facilities to allow stormwater runoff to enter the facility. Goals: GL-4 Accommodate new development in a manner that supports a growth rate consistent with the goals of the State Growth Management Act but also preserves and enhances Arlington's quality of life, its natural environment, and its historical and cultural amenities. Policies: PL-4.3 The City should adopt and maintain development regulations that insure that growth is consistent with State laws and Community Vision. PL-4.8 The City should plan for a balanced mix of land uses based on land availability and the capacity to provide public services. 191 GL-7 Encourage a mix of residential densities throughout the City. Policies: PL-7.1 All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; and b) The general impact to the existing transportation network: and c) The feasibility of the site and its situation for the proposed density: and d) The availability/capacity of urban services such as water and sewer to serve the area; and e) The vacant land supply within the City at the proposed density. PL-7.2 Higher density residential uses should be located around commercial areas. PL-7.3 Vertical and horizontal mixed use developments with residential components should be permissible within commercial zones within the City. Goals: GL-9 Create pedestrian links between commercial and residential developments. Policies: PL-9.1 Where commercial and residential areas abut, new development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the City. Goals: GL-10 Promote Neighborhood Commercial uses in appropriate places. GL-20 Minimize storm water runoff and urban drainage impacts by utilizing the natural drainage system where it is possible to do so without significantly altering the natural drainage ways. Policies: PL-20.1 The City should encourage the design of developments to use natural drainage patterns and incorporate means to entrap storm water and water pollutants before they are carried down slope PL20.4 To minimize impacts on natural resources, the evaluation of Low Impact Development techniques should be evaluated as the preferred approach prior to implementing traditional stormwater treatment and flow controls. Before they enter wetlands and/or other bodies of water. 192 Goals: GL-21 Promote energy conservation by developing incentives and/or requirements for energy-saving transportation, land development patterns and practices, and building construction and operation methods and materials. Policies: PL-21.1 The City should encourage the development of paths and easements for non-motorized transportation to encourage pedestrian and bicycle use throughout the City. PL-21.3 Encourage development patterns that are based on a grid system to increase connectivity and reduce utility and transportation costs as well as energy consumption. Goals: GL-25 Promote equality in development between private and public lands Policies: PL-25.1 Public and semi-public development should be held to the same development standards as private development. PL-25.2 New public/semi-public development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the Urban Growth Area. Transportation Goals and Policies Goals: GT-1 Plan, develop, and maintain a balanced transportation system for the efficient movement of people, goods, and services within the City and between the community and other activity centers in the region. Policies: PT-1.1 The City’s motorized and non-motorized transportation network should be designed to distribute traffic evenly throughout the City. Goals: GT-2 Ensure that road development meets the goals of the transportation element and land-use element of the comprehensive plan. Policies: PT-2.1 A motorized and non-motorized transportation plan should be developed by the City to ensure adequate transportation routes are created concurrent with new development. Evaluate minimizing impervious surfaces and incorporating LID facilities into these plans where feasible. Goals: GT-4 Consider the special needs of subarea transportation facilities including appearance and safety. Policies: PT-4.1 Improving the appearance of existing corridors should be a primary objective in designing and maintaining the street system in Arlington. Appropriate design standards, including landscape standards for the construction of new streets shall be maintained. 193 PT-4.4 Residential lots should only take vehicular access from an Alley, local Access Street, or Collector Street. Only in instances where the City Engineer determines there is no other feasible alternative should a residential lot take access from an arterial (or higher classified) street. PT-4.5 Block standards should be developed to ensure that the development and subdivision of land results in greater connectivity both within the new development/subdivision and to the existing street network. PT-4.6 Cul-de-sac should be prohibited to the extent feasible. Streets that must terminate in a cul-de-sac should be limited to one block in length (330ft). Where cul-de-sac are used, evaluate the installation of LID facilities in the center of the cul-de-sac. PT-4.7 Whenever a cul-de-sac is utilized, pedestrian connectivity should be maintained by providing a pathway that connects from the bulb of a cul-de-sac the nearest roadway (whether existing or proposed) outside the development. PT-4.8 Design standards should be established to consolidate the number and location of curb cuts on arterial streets. Curb cuts are permitted at bio retention facilities to allow stormwater runoff to enter the facility. PT-4.9 On-site parking requirements should be established to ensure land uses can adequately accommodate parking demand. PT-4.10 Streets should be designed to accommodate multi-modal transportation options such as motor vehicles (including buses), bicycles, and pedestrians. PT-4.11 New construction should include the construction of sidewalks, bicycle storage/parking facilities, and access to mass transit where possible and in proportion to the need generated by the proposal. Sidewalks should be included on at least one side of a street and wide enough to meet Americans with Disabilities Act (ADA) req1uirements. PT-4.12 New residential developments should provide pedestrian access between the development and adjacent schools, parks, playgrounds, commercial areas or other roads or facilities in such access is not conveniently provided by sidewalks adjacent to the streets as required above. In such as case, the developer may be required to reserve an unobstructed easement of at least ten feet in width to provide this access. PT-4.13 All streetscapes should be designed and constructed to include at a minimum the following: gutters, sidewalks or trail, and landscape strips with street trees. Non-Motorized Transportation Goals: GT-5 Develop transportation strategies that encourage the use of pedestrian, bicycle, and mass transit facilities that will, among other things, conserve non-renewable energy sources. Policies: PT-5.1 The City should develop a paved non-motorized transportation network that results in connectivity between all subareas of the City. PT-5.2 Bicycle lanes should be included with motor vehicle lanes on all streets with a speed limit greater than 25mph unless a paved, non-motorized trail exists or is planned within the right-of-way. PT5.3 Traffic safety design techniques should be integrated into the street design to assist in safeguarding pedestrians, 194 and cyclists, particularly near schools, playgrounds, and at crosswalks. PT-5.4 Sidewalk improvements should be prioritized to first facilitate safe movement for elderly and handicapped persons between residences and shopping/social activity centers, and facilitate safe movement for children to and from school facilities and school bus stops. PT-5.5 Existing sidewalks, including curb cuts and ramps should be brought into compliance with the American’s with Disabilities Act (ADA). PT-5.6 Street lighting should be designed to take into consideration the needs of motorists, cyclists, and pedestrians. PT-5.7 The City’s non-motorized transportation network should connect with regional networks and with networks of neighboring jurisdictions. PT-5.8 Multi-family Residential, Commercial, and Industrial developments should provide bike racks to accommodate bicycle use by residents, employees, and customers. Goals: GT-6 Support the use of transit and work with transit agencies to improve service in order to help reduce traffic. Policies: PT-602 Encourage and plan for “pedestrian scale” neighborhoods and centers to enhance access and mobility for public transportation users. Goals: GT-8 Develop transportation and safety policies that encourage the use of non-motorized transportation (i.e., walking and biking) Policies: PT-8.1 Streetscapes for new and improved roads should be designed to accommodate multi-modal transportation options, such as motor vehicles (including bus), bicycles, and foot traffic (pedestrians). PT-8.2 Priority should be given to sidewalk and shoulder improvements in areas of high traffic volumes or pedestrian activity to improve safety of pedestrians and drivers. Parks and Recreation Goals and Policies Goals: GP-1 Maintain and support existing and future recreational and cultural activities. Policies: PP-1.4 New residential development should be required to mitigate impacts to park, recreation, and open space through the dedication and improvement of properties for park and recreation uses, or where dedication is not feasible, payment of fee-in-lieu. PP-1.8 The City should identify desirable lands within its Urban Growth Area for parks, trails, or open space and pursue their acquisition through dedication and purchase. PP-1.12 New residential developments should provide adequate on-site park space or pay a fee-in-lieu. 195 Goals: GP-4 Strive for geographic and demographic equity in the provision of parks and recreation facilities. Policies: PP-4.1 Each subarea within the City should have at least one community park. A neighborhood center park should be located within the Smokey Point neighborhood. The City should identify and pursue opportunities for new parks within areas that are added to the City’s Urban Growth Area. Goals: GP-6 Provide for a trail system through the City and connecting to regional trails. Policies: PP-6.1 The City should try to achieve a continuous, connected system of parks and open space via trails. PP-6.2 Trails should be developed for the purpose of providing opportunity for non-motorized transportation, recreation, and education. Goals: GP-8 Develop park and trail design and development standards. Policies: PP-7.1 The City should establish park, trail, and open space design standards. PP-7.3 Maintain an up to date map of the local trail system that is easily accessible to the public to help encourage trail use. Economic Development Goals and Policies Goals: GE-1 Promote a strong, diversified, and sustainable local and regional economy, while respecting the natural environment and preserving and enhancing the quality of life in the City. Policies: PE-1.1 The City should encourage a diversified and vibrant economy in order to facilitate high and stable rates of employment within the City. PE-1.2 The city should maintain a favorable business climate through consistent implementation of City regulations, a streamlined permit process, excellent customer service, and through other available means and mechanisms. PE-1.3 The City should work to insure there is always a more than adequate employment land base (both commercial and industrial) in order to maintain the City’s desired high jobs/to housing ratio. PE-1.4 The City should work to ensure there is always an adequate retail sales base (i.e., commercial land base) in order to provide financial support to the services the City provides. PE-1.7 The City should provide a predictable development atmosphere through consistent application and interpretation of City regulations, and permit processing. PE-1.10 The amount and rate of land consumption for business, commercial and industrial uses should be monitored by the City. PE-1.12 The City should promote the viability of downtown as a commercial and social center with the goal of having other commercial areas dispersed amongst our neighborhoods so as to reduce traffic and air pollution. 196 PE-1.13 The City should develop a strategy for Smokey Point so as to better compete with the potential commercial areas west of Interstate-5. Goals: GE-2 Provide an adequate job-producing land base to ensure an adequate number of jobs for citizens within the community and to aid the community in paying for infrastructure and services. Policies: PE-2.1 The City should work to ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. Goals: GE-4 Encourage active cooperation between the City and local businesses concerning economic development issues, particularly of those businesses that have specialized infrastructure, building design, transportation, and other needs. Policies: PE-4.3 Ensure that new commercial development incorporates site and building design features that accommodate alternate modes of transportation PE-4.6 The City should promote commercial development that facilitates pedestrian activity and is architecturally distinctive. Goals: GS-5 Manage stormwater pursuant to current standards, preserving and supplementing, as necessary, the natural drainage ways and other natural hydrologic systems to maintain runoff impacts from development. Policies: PS-5.37 The City should include Best Available Science/Best Management Practices in its stormwater strategy. PS-5.8 The City should utilize Low Impact Design standards that provide stormwater benefits and support naturally occurring functions simultaneously. 197 20.110.018 ACKNOWLEDGEMENTS Transect images courtesy of Duaney Plater/Zyberk Transect and Building Type photo images courtesy of Sandy Sorlien: www.Transect-Collection.org Background urban design material from the Urban Design Compendium: https://udc.homesandcommunities.co.uk/ City of Cincinnati Form Based Code www.cincinnati-oh.gov