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Home My WebLink About_06-09-25 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Ordinance Approving Commute Trip Reduction Plan ATTACHMENT A Staff Presentation: Sarah Lopez Council Liaison: Jan Schuette 2. Amendment No. 2 to Legacy Anthropology Contract for ATTACHMENT B 211th Place Archaeological Oversight Staff Presentation: Jim Kelly Council Liaison: Rob Toyer 3. Ordinance Approving York Park Rezone ATTACHMENT C Staff Presentation: Amy Rusko Council Liaison: Debora Nelson 4. Ordinance re Fir Lane Rezone ATTACHMENT D Staff Presentation: Amy Rusko Council Liaison: Heather Logan 5. Ordinance Amending Arlington Municipal Code Chapter 20.32 ATTACHMENT E Staff Presentation: Amy Rusko Council Liaison: Leisha Nobach 6. Ordinance Amending Arlington Municipal Code Chapter 20.60 ATTACHMENT F Staff Presentation: Amy Rusko Council Liaison: Yvonne Gallardo-Van Ornam Arlington City Council Workshop Monday, June 9, 2025 at 6:00 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 711 (TDD only) prior to the meeting date if special accommodations are required. 7. Ordinance Amending Arlington Municipal Code Chapter 20.96 ATTACHMENT G Staff Presentation: Amy Rusko Council Liaison: Heather Logan 8. Ordinance Amending Title 15 of the Arlington Municipal Code ATTACHMENT H Staff Presentation: Marc Hayes Council Liaison: Leisha Nobach ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION To review the performance of a public employee [RCW 42.30.110(1)(g)] RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney City of Arlington Council Agenda Bill WS #1 Attachment June 9, 2025 Ordinance Revising Arlington Municipal Code Pertaining to Community Trip Reduction, Adoption of the 2025-2029 CTR Plan and Interlocal Agreement with Community Transit ATTACHMENTS: Memo, Draft Ordinance, Draft 2025-2029 Commute Trip Reduction Plan, Draft Interlocal Agreement Administration; Sarah Lopez, Community Engagement Director EXPENDITURES REQUESTED: -0-BUDGET CATEGORY: BUDGETED AMOUNT: -0-LEGAL REVIEW: adoption the updated Commute Trip Reduction Plan for 2025-2029, and approval the Interlocal Agreement with Community Transit for administering the CTR plans and programs. Community Transit coordinates the CTR program on behalf of Snohomish County and Cities and supports their CTR-affected employers in developing and delivering CTR programs that comply with local regulations. Reduction (CTR) Plans. These nine jurisdictions include Snohomish County and the Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Monroe, Mountlake Terrace, and Mukilteo. Their CTR Plans outline strategies for reducing single-occupancy vehicle commute trips within these areas. Under the Washington State CTR Law (State CTR Law, RCW 70A.15.4000-.4110), certain jurisdictions, including those listed above, are required to adopt CTR Plans and local CTR ordinances. These ordinances must mandate that CTR-affected employers—those with worksites that employ 100 or more full-time employees who begin their shifts between 6 a.m. and 9 a.m. on weekdays—develop and implement CTR programs. Many of the jurisdictions’ CTR Plans propose updating local CTR ordinances, which set standards for CTR-affected employers. Additionally, some jurisdictions plan to adopt a Commuter Benefit Ordinance, requiring employers to offer employees the option to use pre-tax dollars for transit or vanpool expenses. Current Arlington worksites that are affected by CTR include: Amazon PAE2, City of Arlington, Senior Operations LLC, and Skagit Regional Health. Community Transit coordinates with the City of Arlington to identify worksites and perform outreach. Community Transit works directly with the worksites to gather the required reporting. City of Arlington Council Agenda Bill WS #1 Attachment Remand to staff for additional information. to approve the ordinance revising Arlington Municipal Code 10.80, and approve the Commute Trip Reduction Memorandum 1 To: City Council Date: June 2, 2025 From: Administration Re: CTR (Commute Trip Reduction) Plan Implementation - Ordinance Review and Recommendations Introduction Nine jurisdictions served by Community Transit are in the process of adopting their 2025-2029 Commute Trip Reduction (CTR) Plans. These nine jurisdictions include Snohomish County and the Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Monroe, Mountlake Terrace, and Mukilteo. Their CTR Plans outline strategies for reducing single-occupancy vehicle commute trips within these areas. Under the Washington State CTR Law (State CTR Law, RCW 70A.15.4000-.4110), certain jurisdictions, including those listed above, are required to adopt CTR Plans and local CTR ordinances. These ordinances must mandate that CTR-affected employers—those with worksites that employ 100 or more full-time employees who begin their shifts between 6 a.m. and 9 a.m. on weekdays—develop and implement CTR programs. Many of the jurisdictions’ CTR Plans propose updating local CTR ordinances, which set standards for CTR-affected employers. Additionally, some jurisdictions plan to adopt a Commuter Benefit Ordinance, requiring employers to offer employees the option to use pre-tax dollars for transit or vanpool expenses. This memo summarizes the requirements for CTR-affected employers, current local CTR ordinances, and proposed changes from local 2025-2029 CTR Plans. This memo provides the following information. (Click the links to advance to the specific section). •Summary of Washington CTR Law (Section 1) •Review of current local CTR ordinances and proposed CTR plan updates (Section 2 and Appendix A) −Review includes the following jurisdictions: Snohomish County and the Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Monroe, Mountlake Terrace, and Mukilteo •Overview of Community Transit’s Outreach Program and CTR Requirements (Section 3 and Appendix B) •Best Practices and Recommended CTR Code Content (Section 4 and Appendix C-Model Ordinances) •Commuter Benefit Ordinance Overview (Section 5) •Code Update Process (Section 6) 2 Washington CTR Law The Washington State CTR Law requires employers to implement CTR Plans to help their employees reduce the number and length of drive-alone commute trips they make to their worksite (RCW 70A.15.4040). Requirements for Employers A CTR-affected employer must develop a CTR program with the following minimum elements (per RCW 70A.15.4040): •Designate an employee transportation coordinator (ETC) and display contact information in a prominent location at each CTR-affected worksite. ETC duties are as follows: •Regularly distribute information to employees regarding alternatives to single-occupant vehicle commuting. •Regularly review employee commuting data and report progress toward meeting CTR goals to their jurisdiction through an established communication protocol. •Implement a set of measures designed to achieve the applicable CTR goals adopted by the jurisdiction. Example Measures to Achieve CTR Goals State CTR Law provides a list of fifteen example measures, but there is no requirement to select a minimum number of measures. A commute trip reduction program of a major employer shall consist of […] implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to (per RCW 70A.15.4040): ▪Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles and motorcycles; ▪Instituting or increasing parking charges for single-occupant vehicles; ▪Provision of commuter ride matching services to facilitate employee ride sharing for commute trips; ▪Provision of subsidies for transit fares; ▪Provision of vans for vanpools; ▪Provision of subsidies for carpooling or vanpooling; ▪Permitting the use of the employer's vehicles for carpooling or vanpooling; ▪Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; ▪Cooperation with transportation providers to provide additional regular or express service to the worksite; ▪Construction of special loading and unloading facilities for transit, carpool, and vanpool users; ▪Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 3 ▪Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility; ▪Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes; ▪Establishment of a program of alternative work schedules such as compressed workweek schedules which reduce commuting; and ▪Implementation of other measures designed to facilitate the use of high occupancy vehicles such as on-site day care facilities and emergency taxi services RCW 70A.15.4040 further allows that worksites may form or utilize existing transportation management associations or other transportation-related associations authorized by RCW 35.87A.010 to assist members in developing and implementing CTR programs. RCW 70A.15.4040 also states that employers shall make a good faith effort towards achievement of the goals identified in their City or County’s CTR Plan. Existing Local CTR Ordinances and CTR Plan Updates Local CTR Ordinances State CTR Law requirements for major employers are adopted and enforced through local CTR ordinances. Most Snohomish County-area jurisdictions reviewed use the 15 measures (listed in RCW 70A.15.4040 and included above in the Washington CTR Law Section). Many of the CTR Plans recommend updating their CTR ordinance with the updated, recommended set of measures provided by Community Transit and included in the Model CTR Ordinance Code. See Attachment A for a summary of current CTR ordinances adopted by Snohomish County-area jurisdictions and their proposed CTR Plan updates. Community Transit CTR Program (Present State) Community Transit coordinates the CTR program on behalf of the above-named jurisdictions and supports their CTR-affected employers in developing and delivering CTR programs that comply with local regulations. Community Transit provides an “Introduction to CTR” flyer for CTR-affected employers (see Attachment B) which explains that approved CTR programs include the following elements: •Designate an ETC to develop, implement, and promote the approved CTR Program •Distribute information to employees at least twice a year •Complete quarterly CTR reporting •Implement CTR measures designed to increase employee use of transportation options •Host annual “transportation fair” available to all employees The requirements outlined by CTR align with and enhance the State CTR Law requirements by adding specificity. Note: Community Transit recommends an updated set of CTR measures and implementation requirements as described in the Proposed Changes below and presented in Appendix C, Model CTR Ordinance. 4 Recommended CTR Ordinance Content Consistency Across Jurisdictions State CTR law encourages nearby jurisdictions to collaborate on implementing CTR plans through cooperative arrangements, such as interlocal agreements or contracts. These partnerships may involve counties, cities, transit agencies, or other relevant organizations. Such arrangements help maximize limited resources and ensure consistent treatment of employers with multiple worksites across different jurisdictions (468-63-040 WAC). Local CTR Requirements for Employers Current requirements for employers as adopted by the Snohomish County-area jurisdictions that are partnering with Community Transit are summarized in Appendix A. Most local CTR ordinances currently contain similar mandatory program elements: Designate an ETC and have them attend trainings. (ETC trainings are offered by Community Transit). Distribute information to employees at least twice a year. Provide regular reporting to determine progress toward CTR goals. Conduct a quarterly program data evaluation. Hold at least one annual “transportation fair” or equivalent promotion. Provide notification to the city of any changes to the CTR program. Include additional elements as needed to meet CTR goals. − There is a provided list of strategies similar to the list in RCW 70A.15.4040. − A minimum number of strategies is not specified. Proposed Changes Community Transit recommends (1) updating the list of implementation measures from the list in RCW 70A.15.4040 to an updated list of recommended strategies (provided in Attachment C) and (2) requiring the employer to choose at least five measures, including one from each of the three categories. Worksites located next to other employers are encouraged to partner to provide shared commuting amenities and distribute costs and benefits more broadly. Additionally, Community Transit recommends removing or amending the requirement to host an annual transportation fair to allow employers greater flexibility in determining the best means of annually promoting their CTR program. To help maintain consistency in CTR plans and ordinances, all Snohomish County-area jurisdictions should implement the same changes. To help facilitate this update, model code language for the CTR Program Ordinance and for the Commuter Benefit Ordinance is provided in Attachment C. Commuter Benefit Ordinance A commuter benefit ordinance requires that employers of a certain size offer the option to make monthly pre-tax payroll deductions to cover transit and vanpool expenses. Employees can use up to $315 per month in pre-tax dollars for public transportation, reducing their taxable income. Employers can avoid U.S. 5 federal payroll taxes on those dollars. As an alternative to satisfy the law, jurisdictions may give employers the option to offer partially or wholly employer-paid transit passes. Program Administration Employers may choose to administer a pre-tax election commuter benefit program by engaging a third- party benefits administrator to oversee the program. Employers that are covered under the ordinance must display a poster that gives notice of an employee’s rights to exempt transit or vanpool expenses from their taxable earnings, and they must keep records demonstrating compliance for three years. Benefits of Implementation Offering employees the opportunity to cover transit and vanpool expenses through pre-tax payroll deductions may help employers attract and retain employees. Both employees and employers can benefit from tax savings. No jurisdictions in Snohomish-County currently require their employers to offer this benefit. Example Commuter Benefit Ordinance Seattle requires employers with 20+ employees to offer pre-tax transit or vanpool deductions to reduce congestion, emissions, and tax bills. The City of Seattle’s Commuter Benefit Ordinance allows employers to comply with the ordinance by alternatively offering a partially or wholly employer-paid transit pass to satisfy the law. City of Seattle implements the ordinance through their Office of Labor Standards and provides program administration information to support employers. Employers that are covered under the ordinance must display a poster that gives notice of an employee’s rights to exclude transit or vanpool expenses from their taxable earnings, and they must keep records demonstrating compliance for three years. Recommendation Community Transit recommends the adoption of a commuter benefit ordinance applicable to CTR- affected employers. Model code language for a commuter benefit ordinance is provided in Attachment C. Ordinance Adoption Process After adopting their 2025-2029 CTR Plan (due by June 2025), cities and counties will begin to implement their CTR Plans which includes adopting and revising ordinances, such as their CTR Ordinance and Commuter Benefit Ordinance, as specified in their 2025-2029 CTR Plans (per WAC 468-63-040(1)(d)(iv)). Alternatively, a jurisdiction may choose to adopt and revise ordinances concurrently when they adopt their CTR Plan. To adopt the CTR Ordinance and/or the Commuter Benefit Ordinance, a jurisdiction may replace their existing ordinance with the model code or revise their existing code. Once jurisdiction staff have their ordinance text ready, they may take the following steps to adopt the ordinance (exact steps may vary by jurisdiction). Municipal Research and Services Center of Washington (MRSC) provides detailed steps for drafting and adopting local ordinances in their guidebook, Local Ordinances for Washington Cities and Counties.1 Jurisdictions are recommended to discuss the ordinances’ format and provisions with their city 1 MRSC. 2016. Local Ordinances for Washington Cities and Counties. https://mrsc.org/getmedia/44e20d0f-a536-473f- baac-bd7504323330/Local-Ordinances-For-Washington-Cities-And-Counties.pdf?ext=.pdf. Accessed October 2024. 6 attorney or the county prosecutor. MRSC is also available for answer questions and to provide assistance for the ordinance adoption process.2 Initiation and Presentation Ordinance initiation and presentation vary by local legislative bodies, as state statutes don't mandate a specific process, but local rules may dictate specific procedures. Some ordinances and code updates are first reviewed by the planning commission and council in a workshop and are discussed prior to presenting them for adoption. The introduction and title presentation to a city or county council prior to adoption, is typically considered the first reading. A second reading follows during general discussion.1 Public Hearing CTR Plans must be adopted by ordinance per WAC 468-63-040(1)(d)(iv). When adopting the CTR Plan by ordinance, cities and counties must follow, at a minimum, local public outreach procedures for adoption or amendment of comprehensive plans including public notices, meetings and/or hearings per WAC 468- 63-040(1)(b)(iv). The implementing CTR ordinances can be adopted at the same time as the CTR Plan or at a later date. Publication All cities and towns are required to publish every ordinance in their official newspaper of record. In lieu of publishing an entire ordinance, a city or town may publish a summary.1 Adoption by Reference All counties, cities, and towns have been authorized to adopt statutes, codes, compilations, and certain other materials, such as their CTR Plans, by reference. The materials adopted by reference need not be published, although the ordinance adopting the material by reference must be published.1 SEPA Review and 60-Day Notice to Commerce State Environmental Policy Act (SEPA) review for a non-project proposal is required when adopting the updated CTR Plan and when adopting the CTR ordinances.3 Guidance for conducting non-project SEPA review is provided by the Department of Ecology online. Notice to the Department of Commerce is not required when adopting the updated CTR Plan or CTR ordinance. Recitals or Whereas Clauses Ordinances often include an introductory recital section, placed after the title and before the enactment clause, to explain the background or purpose of the enactment. Introduced with "whereas," recitals are advisory but may aid courts in interpreting or assessing the validity of the ordinance.4 2 MRSC. 2016. Local Ordinances for Washington Cities and Counties. https://mrsc.org/getmedia/44e20d0f-a536-473f- baac-bd7504323330/Local-Ordinances-For-Washington-Cities-And-Counties.pdf?ext=.pdf. Accessed October 2024. 3 Department of Ecology. 2024. SEPA Guidance for Non-project proposals. https://ecology.wa.gov/regulations- permits/sepa/environmental-review/sepa-guidance/guide-for-lead-agencies/non-project-proposals. Accessed September 2024. 4 MRSC. 2016. Local Ordinances for Washington Cities and Counties. https://mrsc.org/getmedia/44e20d0f-a536-473f- baac-bd7504323330/Local-Ordinances-For-Washington-Cities-And-Counties.pdf?ext=.pdf. Accessed October 2024. 7 Enactment Clause • All cities and towns must include an enactment or ordaining clause in their ordinances. There is no general requirement for county ordinances to have an enactment clause except for an ordinance adopted to levy an admission tax. 4 Attachments A—Summary of Local CTR Ordinances and 2025-2029 CTR Plans B—Community Transit Introduction to CTR Flyer C—Model CTR Ordinance and Commuter Benefit Ordinance Attachment A Summary of Local CTR Ordinances and 2025-2029 CTR Plans The following are summaries of the CTR ordinances as they are currently adopted by local jurisdictions in the Community Transit service area and summaries of the ordinance updates that they propose in their 2025-2029 CTR Plans. Snohomish County Local CTR Ordinance Snohomish County's current CTR Ordinance is codified in Snohomish County Code (SCC) Chapter 32.40: Commute Trip Reduction. • SCC 32.40.010 Legislative findings. • SCC 32.40.020 Applicability. Employers with more than 100 affected employees at a single worksite. Describes the process of changing affected status for newly affected employers, and employers that are no longer affected. • SCC 32.40.030 Notification: County shall provide public notice for amendments to this chapter not more than 30 days after passage in writing to affected employers and post notice in a newspaper. • SCC 32.40.040 Goals and objectives: Provides VMT/SOV reduction goals for 1995-2005. • SCC 32.40.050 CTR Requirements for affected employers: Requires that employers make a good faith effort to implement a CTR program, requires affected employers to submit their CTR program to the Department of Public Works within 6 months, and summarizes process for employers to begin or modify their CTR program. Sets three basic elements that employer CTR programs must do: designate an ETC, distribute information, and submit an annual report. Lists additional measures to help achieve CTR goals and encourages but does not require employers to select one or more measure. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • SCC 32.40.060 CTR program review and modification requirements. • SCC 32.40.070 Transportation management organizations. • SCC 32.40.080 Credit for prior trip reduction efforts. • SCC 32.40.090 Program exemptions, employee exemptions and modifications of CTR goals. Process for requesting CTR program exemptions and modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • SCC 32.40.100 Enforcement. • SCC 32.40.110 Appeals of violation determination and penalties. Outlines the appeal process. • SCC 32.40.120 Uniformity among jurisdictions. Encourages the county, affected cities and tribal governments to cooperate and strive to achieve uniformity of CTR plans. • SCC 32.40.130 Liberal construction and severability. Pertains to interpretation of the provisions of the chapter. • SCC 32.40.140 Definitions. Provides definitions specific to CTR. − Note: Add a definition for “Drive-alone commute trip." Updates Proposed in the 2025-2029 CTR Plan Snohomish County proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Discussed working with the CTR implementor on a program to encourage smaller jobsites (20 or more employees) to allow employees the opportunity to make a monthly pre-tax payroll deduction for transit/vanpool expenses or to offer transit passes. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. • Mentioned extensive revisions to SCC 32.40 to address the complexity of the original ordinance and align with changes in state CTR law. • Also mentioned reviewing and potentially revising the County’s TDM development requirements under the Concurrency and Road Impact Mitigation Ordinance (SCC 30.66B), to provide greater assistance to multifamily residences. City of Arlington Local CTR Ordinance The City of Arlington's current CTR Ordinance is codified in Arlington Municipal Code (AMC) Chapter 10.80: Commute Trip Reduction. • AMC 10.80.010 Title. • AMC 10.80.020 Jurisdiction. Requirements apply to major employers at any single worksite within the incorporated area. • AMC 10.80.030 Purpose. Compliance with statewide CTR Law. • AMC 10.80.040 Administration. The city administrator or designee shall have the duty and responsibility to administer the provisions of this chapter. • AMC 10.80.050 Definitions. − Note: Add a definition for “Drive-alone commute trip." • AMC 10.80.060 City’s CTR plan. States that the City’s CTR plan is adopted by reference. • AMC 10.80.070 Responsible city agency. States that the city is responsible for implementing this chapter, CTR plan, and program. • AMC 10.80.080 Applicability. Timeline for compliance: Major employers and voluntary worksites. Employers must be notified within 30 days of passing this ordinance, perform baseline data collection within 90 days, and submit a CTR program within 90 days after receiving results. New major employers must identify themselves and follow the same timeline. Changes in status, such as reducing or exceeding the 100-employee threshold, affect the employer's CTR requirements, with adjustments based on the timeline of employee count changes. • AMC 10.80.090 Requirements for employers. Requires major employers to implement a CTR program that encourages non-drive-alone commuting. Employers must submit a program description, provide quarterly progress reports, and include mandatory elements like designating a Transportation Coordinator, distributing information, measuring trip data, holding annual promotions, and ensuring ETC training. Additional program elements may include incentives like preferential parking, transit subsidies, or flexible work schedules. Employers must also notify the city of any program changes and attend ongoing training. The program should be tailored to the employer’s location and employee needs. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • AMC 10.80.100 Record Keeping. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. • AMC 10.80.110 Schedule and process for CTR reports. Outlines deadlines and procedures for employers to comply with the city's CTR program. Employers must collect baseline data within 90 days of qualification and submit a program within 90 days of receiving the data. Quarterly progress reports are required after program approval. Employers can request modifications to program elements under certain conditions. • AMC 10.80.120 Enforcement. Compliance means fully implementing in good faith all provisions in an approved CTR program. Describes violations and penalties. • AMC 10.80.130 Exemptions and target modifications. Outlines the request process for exemptions and modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • AMC 10.80.140 Appeals. Outlines the appeals process. Updates Proposed in the 2025-2029 CTR Plan The City of Arlington proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Proposing a commuter benefit ordinance requiring businesses with 20 or more employees to allow employees the opportunity to make a monthly pre-tax payroll deduction for transit/vanpool expenses or to offer a partially or wholly employer-paid transit pass. • Revising the CTR ordinance (AMC 10.80.090) to require affected employers to choose at least five implementation measures from the Recommended Set of Measures (provided above), including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Bothell Local CTR Ordinance The City of Bothell's current CTR Ordinance is codified in Bothell Municipal Code (BMC) Chapter 14.06: Commute Trip Reduction. • BMC 14.06.010 Definitions. − Note: Add a definition for “Drive-alone commute trip." • BMC 14.06.020 Commute trip reduction goals. CTR-affected employers are required to make a good faith effort. CTR goals are adopted in the CTR Plan, and the city will work with major employers to set specific goals that support the city’s CTR goal. • BMC 14.06.030 Designation of base year values. New major employers shall collect employee trip data during the first fiscal year after becoming affected. • BMC 14.06.040 City of Bothell CTR plan and administrative guidelines. The CTR plan is on file with the city clerk and may be amended with public notice. • BMC 14.06.050 Responsible agency. The public works department is responsible for the administration of this chapter. The city manager is responsible for the city’s CTR program as an affected employer. • BMC 14.06.060 Applicability. Outlines the responsibilities of affected employers and voluntary worksites under the CTR program. Employers must collect baseline data and submit a CTR program within 90 days of notification. New employers or those meeting the "major employer" criteria must notify the city and develop a program accordingly. • BMC 14.06.070 Requirements for employers. Outlines the mandatory elements for affected employers' CTR programs. The mandatory program elements include appointing an ETC, distributing commute information to employees, conducting quarterly progress reports, measuring trip data, holding annual promotions such as an annual transportation fair or equivalent, attendance at ETC training, record keeping. Additionally, employers must select any number of transportation demand management elements from a list that is similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • BMC 14.06.080 Transportation management associations. Instead of submitting an initial CTR program and quarterly reports, a major employer may join a transportation management association that submits a single program or quarterly report on behalf of its members. • BMC 14.06.090 Program approval and modification criteria. Outlines criteria for reviewing and modifying CTR programs and progress reports. • BMC 14.06.100 Goal modifications, adjustments, program amendments, and exemptions. Describes the process for employers to request modification to their CTR program goals if they demonstrate they cannot achieve them despite making a good faith effort. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • BMC 14.06.110 Schedule for CTR program and annual reports submittal, review, and implementation. Employers must submit a CTR program within 90 days of qualifying and consult with the city for approval and implementation. Once approved, employers must submit quarterly progress reports, with the first due 90 days after approval. • BMC 14.06.120 Enforcement. • BMC 14.06.130 Appeals of administrative decisions. Outlines the process for appealing decisions regarding program approval, goal modifications, program amendments, or exemptions. Updates Proposed in the 2025-2029 CTR Plan The City of Bothell proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • City will encourage businesses with 20 or more employees to allow employees the opportunity to make a monthly pre-tax payroll deduction for transit/vanpool expenses or to offer a partially or wholly employer-paid transit pass. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Edmonds Local CTR Ordinance The City of Edmond's current CTR Ordinance is codified in Edmonds Development Code (EDC) Chapter 17.95: Commute Trip Reduction. • EDC 17.95.010 Title. • EDC 17.95.020 Jurisdiction. Requirements apply to all major employers at any single worksite within the incorporated area. • EDC 17.95.030 Purpose. Compliance with statewide CTR Law. • EDC 17.95.040 Administration. The ETC or designee has the responsibility to administer the CTR program. • EDC 17.95.050 Definitions. − Note: Add a definition for “Drive-alone commute trip." • EDC 17.95.060 City’s CTR plan. The city’s CTR plan is incorporated by reference. • EDC 17.95.070 Responsible city agency. • EDC 17.95.080 Applicability – Timeline for compliance. Outlines the city’s public notification procedure when updating the CTR ordinance. Major employers must provide baseline data collection and submission of a CTR program within 90 days of receiving notification of adoption or revision of the CTR ordinance. New major employers must notify the city within 90 days of meeting the 100- employee threshold. • EDC 17.95.090 Requirements for employers. Major employers are required to make a good faith effort to develop and implement a CTR program and submit quarterly reports. The mandatory program elements include designating an ETC, distributing information on alternatives to drive-alone commuting at least twice a year, quarterly progress reports, annual worksite promotion of the Employer CTR program (a transportation fair or equivalent), attendance to ETC trainings, and providing notice to the city if/when there are changes to their CTR program. Major employers must select additional strategies to meet CTR goals from a provided list similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • EDC 17.95.100 Record keeping. Employers will submit CTR program records to the city of approval and will keep records for 48 months. • EDC 17.95.110 Schedule and process for CTR reports. Describes the process and timeline for employers to submit their initial CTR program and for the city to issue a decision. Also describes the timeline for providing quarterly progress reports and modification of CTR programs. • EDC 17.95.120 Enforcement. • EDC 17.95.130 Exemptions and target modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • EDC 17.95.140 Appeals. Updates Proposed in the 2025-2029 CTR Plan The City of Edmonds proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Lynnwood Local CTR Ordinance The City of Lynnwood's current CTR Ordinance is codified in Lynnwood Municipal Code (LMC) Chapter 11.14: Commute Trip Reduction Plan. • LMC 11.14.010 Definitions. − Note: Add a definition for “Drive-alone commute trip." • LMC 11.14.020 Lynnwood CTR plan. The CTR Plan is incorporated by reference. • LMC 11.14.025 Responsible city department. The development and business services director enforces the provisions of this chapter. • LMC 11.14.030 CTR goals. The City’s goals for CTR are specified in the City’s CTR Plan. Employer’s goals are set in the employer’s approved CTR Plan. • LMC 11.14.032 CTR goals for major employers. The city shall provide written notification of the goals for each major employer worksite by providing the information when the city reviews the employer’s proposed program and incorporating the goals into the program approved by the city. • LMC 11.14.040 Applicability. • LMC 11.14.042 New major employers. Responsibility of new major employers to identify themselves to the city. • LMC 11.14.044 Change in status as a major employer. Process for changing status. • LMC 11.14.050 Requirements for employers. A major employer must make a good faith effort to develop and implement a CTR program. The program must include mandatory elements specified in LMC 11.14.054. The employer is required to submit a program description to the city and provide progress reports annually or biannually on employee commuting and progress toward CTR goals. • LMC 11.14.052 CTR program report and description requirements. Outlines the information a major employer must include in their CTR description pertaining to the employment site location, number of employees and other factors. • LMC 11.14.054 Mandatory program elements. The mandatory CTR program elements include designating an ETC and attending trainings, distributing information on alternatives to drive-alone commuting to all employees at least once a year and to new employees when they are hired, and hold at least one annual “transportation fair” or equivalent promotion. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • LMC 11.14.056 Additional program elements. CTR programs must include additional elements as needed to meet CTR goals. There is a provided list of strategies similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. • LMC 11.14.058 Biennial measure of employee commute behavior. Employers shall conduct a program evaluation to determine worksite progress toward meeting CTR goals. The employer shall distribute and collect commute trip reduction program surveys at least once every two years and strive to achieve at least a 70 percent response rate from employees at the worksite. • LMC 11.14.060 Record keeping. Major employers must keep program documents for 48 months and establish record keeping procedures with the city. • LMC 11.14.070 CTR annual or biannual progress reports. Sets a reporting date. • LMC 11.14.072 Document review. Outlines the city’s process for reviewing major employer’s program materials. • LMC 11.14.074 Modification of CTR program elements. Describes the process for employers to modify CTR program elements. • LMC 11.14.077 Extensions. • LMC 11.14.078 Implementation of employer’s CTR program. A major employer should implement their CTR program within 90 days of receiving approval from the city. • LMC 11.14.090 Enforcement. • LMC 11.14.095 Penalties. • LMC 11.14.097 Notic of violation and assessment of civil penalties. • LMC 11.14.100 Exemptions and goal modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • LMC 11.14.110 Modification of employer CTR program. • LMC 11.14.120 Appeals. • LMC 11.14.130 Severability. Updates Proposed in the 2025-2029 CTR Plan The City of Lynnwood proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Proposing a commuter benefit ordinance requiring businesses with 20 or more employees to allow employees the opportunity to make a monthly pre-tax payroll deduction for transit/vanpool expenses or to offer a partially or wholly employer-paid transit pass. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Marysville Local CTR Ordinance The City of Marysville's current CTR Ordinance is codified in Marysville Municipal Code (MMC) Chapter 11.52: Commute Trip Reduction (CTR) Plan. • MMC 11.52.010 Title. • MMC 11.52.020 Jurisdiction. • MMC 11.52.030 Purpose and intent. • MMC 11.52.040 Administration. The chief administrative officer of designee. • MMC 11.52.050 Definitions. − Note: Add a definition for “Drive-alone commute trip." • MMC 11.52.060 City’s CTR Plan. The city’s CTR plan is adopted by reference. • MMC 11.52.070 Applicability – Timeline for compliance • MMC 11.52.080 Requirements for employers: A major employer must develop and implement a CTR program encouraging non-single-vehicle commuting, including mandatory elements like designating an Employee Transportation Coordinator (ETC), distributing transportation information, and submitting quarterly progress reports. Employers must evaluate progress, track data, promote the program annually, and provide additional elements like preferential parking or transit subsidies. The ETC must undergo training and attend networking sessions. Employers are encouraged to cooperate with others and adapt strategies to their unique needs while meeting CTR goals. CTR programs must include additional elements as needed to meet CTR goals. There is a provided list of strategies similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. Major employers must hold at least one annual “transportation fair” or equivalent promotion which is available to all employees at each major worksite. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • MMC 11.52.090 Record keeping. Employers will maintain all records for their CTR program for a minimum of 48 months. • MMC 11.52.100 Schedule and process for CTR reports. Establishes a schedule for submitting and reviewing CTR program materials. • MMC 11.52.110 Enforcement. • MMC 11.52.120 Exemptions and target modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • MMC 11.52.130 Appeals. • MMC 11.52.140 Severability. Updates Proposed in the 2025-2029 CTR Plan The City of Marysville proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Proposing a commuter benefit ordinance requiring businesses with 20 or more employees to allow employees the opportunity to make a monthly pre-tax payroll deduction for transit/vanpool expenses or to offer a partially or wholly employer-paid transit pass. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Monroe Local CTR Ordinance The City of Monroe's current CTR Ordinance is codified in Monroe Municipal Code (MMC) Chapter 22.88: Commute Trip Reduction (CTR). • MMC 22.88.010 Purpose. • MMC 22.88.020 Administration. • MMC 22.88.030 Definitions. − Note: Add a definition for “Drive-alone commute trip." • MMC 22.88.040 CTR plan adoption by reference. The city’s CTR plan is adopted by reference. • MMC 22.88.050 CTR goals. The goals for reducing drive-alone trips and commute trip vehicle miles traveled per employee are established the Monroe CTR Plan. • MMC 22.88.060 Responsible city department. Community development department. • MMC 22.88.070 Applicability. Describes the notification process for changes to the city’s CTR chapter and process for changing status as a major employer. • MMC 22.88.080 Requirements for employers: Major employers must develop and implement a CTR program. The program must include a description outlining the strategies an employer will use to meet the city’s CTR goals and include details about the employer’s location, transportation characteristics, number of employees, and selected CTR strategies. The mandatory program elements include designating an ETC and attending trainings, distributing information to employees at least twice a year, providing regular progress reporting, conducting a biannual survey or measurement, holding at least one annual “transportation fair” or equivalent promotion, and providing notification to the city of any changes to the CTR program. CTR programs must include additional elements as needed to meet CTR goals. There is a provided list of strategies similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • MMC 22.88.090 Record keeping. Employers must retain CTR program records for 48 months and follow record keeping process as agreed upon with the city. • MMC 22.88.100 Schedule and process for CTR reports. Establishes a schedule for submitting and reviewing CTR reports and program materials. • MMC 22.88.110 Enforcement. • MMC 22.88.120 Exemptions and goal modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • MMC 22.88.130 Appeals. Updates Proposed in the 2025-2029 CTR Plan The City of Monroe proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. • Revising the CTR ordinance to require affected employers to choose at least five implementation measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. City of Mountlake Terrace Local CTR Ordinance The City of Mountlake Terrace's current CTR Ordinance is codified in Mountlake Terrace Municipal Code (MTMC) Chapter 10.15: Commute Trip Reduction Program. • MTMC 10.15.010 Title. • MTMC 10.15.020 Jurisdiction. • MTMC 10.15.030 Purpose. • MTMC 10.15.040 Administration. The director or their designee. • MTMC 10.15.050 Definitions. − Note: Add a definition for “Drive-alone commute trip." • MTMC 10.15.060 CTR plan incorporated by reference. • MTMC 10.15.070 Applicability. • MTMC 10.15.080 Requirements for employers: Major employers must develop and implement a CTR program. The program must include a description outlining the strategies an employer will use to meet the city’s CTR goals and include details about the employer’s location, transportation characteristics, number of employees, and selected CTR strategies. The mandatory program elements include designating an ETC and attending trainings, distributing information to employees at least twice a year, providing regular reporting to determine progress toward CTR goals, conducting a quarterly program data evaluation, holding at least one annual “transportation fair” or equivalent promotion, and providing notification to the city if any changes to the CTR program. CTR programs must include additional elements as needed to meet CTR goals. There is a provided list of strategies similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • MTMC 10.15.090 Recordkeeping. Employers will maintain all records listed in their CTR program for a minimum of 48 months. The City and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program. • MTMC 10.15.100 Schedule and process for CTR reports. Establishes a schedule for submitting and reviewing CTR reports and program materials. • MTMC 10.15.110 Enforcement. • MTMC 10.15.120 Exemptions or target modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • MTMC 10.15.130 Appeals. • MTMC 10.15.140 Third party liability. Updates Proposed in the 2025-2029 CTR Plan Not yet submitted. City of Mukilteo Local CTR Ordinance The City of Mukilteo's current CTR Ordinance is codified in Mukilteo Municipal Code (MMC) Chapter 10.24: Commute Trip Reduction. • MMC 10.24.010 Title. • MMC 10.24.020 Jurisdiction. • MMC 10.24.030 Purpose. • MMC 10.24.040 Administration. The mayor or designee. • MMC 10.24.050 Definitions. − Note: Add a definition for “Drive-alone commute trip." • MMC 10.24.060 City’s CTR plan. The city’s CTR Plan is adopted by reference. • MMC 10.24.070 Responsible city agency. The City is responsible for implementing this chapter. • MMC 10.24.080 Applicability – Timeline for compliance. Describes process for the city to notify employers of changers to the chapter and timeline for major employers to comply. • MMC 10.24.090 Requirements for employers. Major employers must develop and implement a CTR program. The program must include a description outlining the strategies an employer will use to meet the city’s CTR goals and include details about the employer’s location, transportation characteristics, number of employees, and selected CTR strategies. The mandatory program elements include designating an ETC and attending trainings, distributing information to employees at least twice a year, providing regular progress reporting to determine progress toward CTR goals, conducting a quarterly program data evaluation, holding at least one annual “transportation fair” or equivalent promotion, and providing notification to the city if any changes to the CTR program. CTR programs must include additional elements as needed to meet CTR goals. There is a provided list of strategies similar to the list in RCW 70A.15.4040. A minimum number of strategies is not specified. − Note: The annual transportation fair does not need to be a requirement. In the model ordinance provided in Appendix C, it is included in the list of additional program elements. See Section x.x.110 in Appendix C. − Note: Two new subsections are recommended in model code in Section x.x.100, Biennial Progress Reports and Biennial measure of employee commute behavior. − Note: Add a list of additional CTR measures for CTR-affected employers to choose from and require a minimum number of measures to be selected (see Appendix C, Section x.x.110). • MMC 10.24.100 Record keeping. Employers will maintain all records listed in their CTR program for a minimum of 48 months. The City and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program. • MMC 10.24.110 Schedule and process for CTR reports. Establishes a schedule for submitting and reviewing CTR reports and program materials. • MMC 10.24.120 Enforcement. • MMC 10.24.130 Exemptions and target modifications. − Note: Target modifications can be removed because there are no consequences for missing CTR Program Targets as long as employers make a good faith effort. • MMC 10.24.140 Appeals. Updates Proposed in the 2025-2029 CTR Plan The City of Mukilteo proposes the following revisions to their current CTR Ordinance in their 2025-2029 CTR Plan. Revising the CTR ordinance to require affected employers to implement additional measures from the provided list, including one from each category. Alternative measures may be submitted to the CTR implementer for review and approval. The instruction to choose at least five me Attachment B Community Transit Introduction to CTR Flyer Note: "transportation fair" is optional. Attachment C Model CTR Ordinance and Commuter Benefit Ordinance Model CTR Ordinance – Code Sections x.x.010 Title. This chapter shall be known as the “Commute Trip Reduction Program Ordinance of the City of Arlington, and the requirements set forth in this chapter are applicable to all major employers defined herein. x.x.020 Purpose. The purpose of this chapter is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70A.15.4000 through 70A.15.4110; Chapter 202, Laws of 1991) and as amended in 2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other city requirements for compliance with the State Environmental Policy Act (SEPA). x.x.030 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: A. “Affected employee” means a full-time employee who begins his or her regular work day at a major employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. For the purpose of defining affected employees, the following apply: 1. A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. 2. The employee will only be counted at his or her primary worksite. 3. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. B. “Affected urban growth area” means: 1. An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the 100 person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and 2. An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over 70,000 that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or 3. An urban growth area identified by the Washington State Department of Transportation as listed in WAC 468-63-020(2)(b). C. “Alternative mode” means any means of commute transportation other than that in which the drive-alone motor vehicle is the dominant mode, including teleworking and compressed work weeks if they result in reducing commute trips. D. “Alternative work schedules” means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday, 8:00 a.m. to 5:00 p.m. schedule. Programs such as compressed work weeks that eliminate work days for affected employees are an example. E. “Baseline data collection” means the collection of employee trip data at a major worksite to determine the drive-alone rate and greenhouse gas emissions per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements and time frame specified by the City of Arlington. F. “Carpool” means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. G. City means the City of Arlington through its responsible official. H. “Commute trip” means trips made from a worker’s home to a worksite during the peak time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. I. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together, such as RideshareOnline.com. J. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. K. “CTR Board” means a sixteen-member state commute trip reduction board designated pursuant to RCW 70A.15.4060. L. “CTR law” means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and codified in RCW 70A.15.4000 through 70A.15.4110 requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the 100 person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth area(s). Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area. M. “CTR plan” means City of Arlington’s plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction. N. “CTR program” means an employer’s strategies to increase affected employees’ non-drive-alone trips and reduce greenhouse gas emissions. O. “Director” means the Director of the Community and Economic Development or his/her designee. P. “Drive-alone commute trip” means commute trips made by employees in single occupant vehicles. Q. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs workers. R. “ETC” means employer transportation coordinator as required pursuant to RCW 70A.15.4040(3). S. “Flex-time” means an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. T. “Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week on two or more weekdays per week. U. “Goals” means the established criteria for measuring effectiveness of employer programs as outlined in the City of Arlington’s CTR plan. V. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70A.15.1050 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. W. “Implementation” means active pursuit by an employer of the CTR requirements of RCW 70A.15.4040 and this chapter and the CTR plan as evidenced by appointment of an employee transportation coordinator, distribution of information to employees regarding alternatives to non- drive-alone commuting, and commencement of other measures according to its approved CTR program and schedule. X. “Major employer” means a private or public employer, including state agencies, that employs 100 or more full-time affected employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months. Y. “Major worksite” or “worksite” means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are 100 or more full-time affected employees. Z. “Mode” means the means of transportation used by employees, such as drive-alone motor vehicle, ride share vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule, and teleworking. AA. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. BB. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the motor vehicles, but the ages of these passengers are under 16, the motor vehicle is still considered a single- occupant vehicle for measurement purposes. CC. “Target” means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress, such as increase in non-drive-alone trips and reduction of greenhouse gas emissions. DD. “Teleworking” means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. EE. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, shared-ride taxi, rail, shuttle bus, or vanpool. FF. “Vanpool” means a vehicle occupied by seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. GG. “Voluntary worksite” means the physical location occupied by an employer that is voluntarily implementing a CTR program. HH. “Week” means a seven-day calendar period starting on Monday and continuing through Sunday. II. “Weekday” means any day of the week except Saturday or Sunday. JJ. “Writing, written, or in writing” means original signed and dated documents delivered via the United Postal Service. x.x.040 Applicability. The requirements of this chapter shall apply to all major employers at any single worksite or voluntary worksite within the City of Arlington. x.x.050 Notification. A. The city shall give public notice of the adoption of this chapter and its requirements for major employers in a newspaper of general circulation in the county not more than 30 days after passage of this chapter. Such notice shall also be given for amendments to this chapter. B. The city shall give written notice to known major employers that they are subject to the requirements of this chapter not more than 30 days after the effective date of this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notice shall also be given for amendments to this chapter. x.x.060 Timeline for Compliance. A. Major employers and voluntary worksites. 1. Major employers and voluntary worksites shall perform baseline data collection within 90 days of notification as defined in Section x.x.050. After the results of the baseline data are provided to the major employer, the major employer shall submit a CTR program to the city within 90 days. 2. Major employers and voluntary worksites that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within 90 days of the passage of said ordinance shall perform baseline data collection within 90 days of notification or the major employer shall submit a CTR program within 90 days of receipt of the baseline data results. B. New major employers. 1. Employers that meet the definition of “major employer” in this chapter shall identify themselves to the city within 90 days of either moving into the boundaries of the city or growing in employment at a worksite to 100 or more affected employees. 2. New major employers identified as such shall have 90 days to perform a baseline measurement consistent with the measurement requirements specified by the city. Employers who do not perform a baseline measurement within 90 days of receiving written notice that they are subject to this chapter are in violation of this chapter. 3. Not more than 90 days after receiving written notification of the results of the baseline measurement, a newly major employer shall submit a CTR program to the city. The program shall be developed in consultation with the director to be consistent with the goals of the CTR plan adopted in Section x.x.080.The program shall be implemented not more than 90 days after approval by the city. Employers not implementing an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in Section x.x.140. C. Change in status as major employers. Any of the following changes in an employer’s status will change the employer’s CTR program requirements: 1. If an employer, initially designated a major employer, no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer a major employer. The employer must notify the city in writing that it is no longer a major employer. The burden of proof lies with the employer. 2. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered a major employer for the entire 12 months and will be subject to the same program requirements as other major employers. The employer shall notify the city in writing that it is a major employer. 3. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an unaffected employer, that employer shall be treated as a new major employer, subject to the same program requirements as other new major employers. x.x.070 Responsible department. The Community and Economic Development Department shall be responsible for the administration and for the preparation of procedures to implement this chapter. The city shall be responsible for developing and implementing the required CTR program for the city, as a major employer under this chapter. x.x.080 CTR plan adoption by reference. The City of Arlington’s CTR plan, as approved in date to be effective in date, is adopted wholly and incorporated herein by reference. x.x.090 CTR goals. The goals for reducing the city’s proportion of drive-alone vehicle trips and commute trip vehicle miles traveled per employee are established in the City of Arlington’s CTR plan. x.x.100 Requirements for major employers. A major employer is required to make a good faith effort to develop and implement a CTR program that will encourage its employees to decrease drive-alone commute trips. The employer shall submit a description of its program to the city and provide quarterly progress reports to the city on employee commuting data and progress toward meeting the goals and targets. The CTR program must include the mandatory elements as described below. A. CTR Program Description Requirements: The CTR program description presents the strategies to be undertaken by an employer to achieve the program goals and targets stated in the city’s CTR plan. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer’s description must include: 1. general description of the employment worksite location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; 2. number of employees affected by the CTR program; 3. documentation of compliance with the mandatory CTR program elements (as described in subsection (B) of this Section x.x.100); 4. description of the additional elements included in the CTR program (as described in subsection (B) of this Section x.x.100); and 5. schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. B. Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC). The employer shall designate an ETC to administer the CTR program. The ETC and/or designee’s name, location, and contact information must be displayed prominently at each major worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and city. The objective is to have an effective transportation coordinator presence at each worksite; a major employer with multiple sites may have one ETC for all sites. 2. Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. Each employer’s program description and annual or biannual report must identify the information to be distributed and the method of distribution. 3. Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith efforts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall file a quarterly progress report with the city in accordance with the format established by this chapter and consistent with the CTR board guidelines. The report shall describe each of the CTR measures that were in effect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite's CTR targets. The format of the report shall be provided by the city. The employer should contact the city for the format of the report. 4. Trip Data Measurement. In addition to the specific program baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. 5. ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment. x.x.110 Additional program elements for major employers. Major employers shall choose at least five of the following measures including one from each subsection below (A. Commuting Support and Incentives. B. Information and Education. C. Amenities and Infrastructure). Alternative measures may be submitted by the employer to Community Transit for review and approval. Worksites located next to other employers are encouraged to partner to provide shared commuting amenities and distribute costs and benefits more broadly. A. Commuting Support and Incentives. 1. Subsidized or free transit passes for employees. 2. Pre-tax payroll deductions for transit or vanpool expenses. 3. Provision of subsidies for carpooling or vanpooling. 4. Incentives rewarding avoidance of drive-alone commute trips such as gift cards or a parking cash-out program. 5. Guaranteed ride home programs for emergencies. 6. Shuttle services from transit stations to the workplace. 7. Employer telework program. 8. Flexible or compressed workweek schedules. 9. Options for working at alternative sites closer to employees’ homes. 10. Incentives for walking or biking, such as gift cards or discounts on outdoor gear. 11. Rideshare matching events for vanpools and carpools. B. Information and Education. 1. Commute options information and orientation for new hires. 2. Communication plan for sharing print and digital information on the employer’s CTR program. 3. Information on commute options and resources displayed in common areas at the workplace and/or available online or by mobile app. 4. Educational campaigns, conducted at least once per year, on the benefits of alternative commuting. 5. Outreach campaigns, conducted at least once per year, to promote walking or biking, such as a “bike to work” month. 6. Workshop or transportation fair, conducted at least once per year, promoting sustainable transportation options. 7. Personalized travel planning assistance for employees, which could include guidance on transportation benefits, planning routes, or finding rideshare partners. 8. Real-time transit information display at the workplace or in a centrally accessible location. C. Amenities and Infrastructure. 1. Preferential parking for carpoolers and vanpoolers. 2. Amenities for bike commuters including secure bike storage, showers, or bike repair stations. 3. Onsite amenities like a cafeteria, fitness center, micro-market, or daycare to reduce off-site trips. 4. Provision and maintenance of electric vehicle charging stations. 5. Parking space for carshare vehicles or company-owned cars for employee use. x.x.120 Record keeping. Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Employers will maintain all records listed in their CTR program for a minimum of 48 months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. x.x.130 Schedule and process for CTR reports. A. CTR Program. Within 90 days of notification as defined in Section x.x.050 or within 90 days of self-identifying as a major employer as described in subsection (B) of Section x.x.060, the employer shall complete baseline data collection and provide to the city. Once the baseline data is provided, the employer has an additional 90 days to submit a CTR program to the city. The CTR program will be developed in consultation with the city and implemented not more than 90 days after the program’s approval by the city Employers who do not implement an approved CTR program according to this section are in violation of this chapter. B. Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. The employer shall have 30 days to resubmit a modified program. If the employer receives no written notification of extension of the review period of its CTR program or comments on the CTR program or quarterly report within 90 days of submission, the employer’s program or quarterly report is deemed accepted. The city may extend the review period up to 90 days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. C. CTR Quarterly Progress Reports. Upon approval of an employer’s initial CTR program, the employer shall submit quarterly reports on the dates requested from the city, no less than 90 days after program approval. D. CTR Biennial Progress Reports. CTR-affected employers shall report on the CTR programs every two years with the first biennial CTR progress report due two years after establishing their CTR program. The CTR biennial progress report is a standardized questionnaire that asks about elements of the employer’s CTR program. The city will review and approve the CTR biennial progress report based on the CTR program’s effectiveness at reducing drive-alone trips. E. Biennial measure of employee commute behavior. Employers shall conduct a program evaluation to determine worksite progress toward meeting CTR goals. The employer shall distribute and collect commute trip reduction program surveys at least once every two years and strive to achieve at least a 70 percent response rate from employees at the worksite. The first survey shall be conducted by the CTR-affected employer one year after establishing the employers CTR program and then every two years thereafter. F. Modification of CTR Program Elements. Any major employer may submit a request to the city to modify a CTR program element, other than the mandatory elements specified in this chapter, including record keeping requirements. Such requests may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. G. Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be made via written notice at least 10 working days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals and targets. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s reporting date shall not be adjusted permanently as a result of these extensions. An employer’s reporting date may be extended at the discretion of the city. H. Implementation of Employer’s CTR Program. The employer shall implement its approved CTR program not more than 90 days after the program was first submitted to the city. Implementation of the approved program modifications shall begin within 30 days of the final decision or 90 days from submission of the CTR program or CTR quarterly report, whichever is greater. x.x.140 Enforcement A. Compliance. For purposes of this section, “compliance” shall mean fully implementing in good faith all provisions in an approved CTR program. B. Program Modification Criteria. The following criteria for achieving targets for non-drive-alone trips and greenhouse gas emissions per employee shall be applied to determine requirements for employer CTR program modifications: 1. If an employer makes a good faith effort, as defined in RCW 70A.15.4050 and this chapter, and meets either or both targets, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. 2. If an employer makes a good faith effort, as defined in RCW 70A.15.4050 and this chapter, but has not met or is not likely to meet the applicable targets, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching agreement. 3. If an employer fails to make a good faith effort as defined in RCW 70A.15.4050 and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference. C. Violations. The following constitute violations if the deadlines established in this chapter are not met: 1. Failure to self-identify as a major employer within the time frames indicated in the applicability timeline for compliance section above; 2. Failure to perform baseline data collection including: a. Employers that do not perform baseline data collection consistent with the requirements specified by the city/county within 90 days of notification as defined in Section x.x.050; b. Employers not identified or self-identified within 90 days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within 90 days from the adoption of the ordinance codified by this chapter. c. A new major employer that does not perform baseline data collection consistent with the requirements specified by the city within 90 days of identification as a major employer as outlined in Section x.x.060.B; 3. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed the goals and targets as specified in this chapter; 4. Submission of false or fraudulent data in response to data collection requirements; 5. Failure to make a good faith effort, as defined in RCW 70A.15.4050 and this chapter; or 6. Failure to revise a CTR program as defined in RCW 70A.15.4050 and this chapter. D. Penalties. 1. No major employer with an approved CTR program which has made a good faith effort shall be held liable for failure to reach the applicable goals and targets. 2. Compliance with the requirements of this code is mandatory. The penalties and remedies for civil infractions established in Section x.x.x (link to code enforcement chapter, notice and violation section) and Chapter 7.80 RCW shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to such penalties and remedies. Appeals shall be pursuant to Section x.x.160. 3. A major employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law x.x.150 Exemptions and goal modifications. A. Worksite Exemptions. A major employer may submit a request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its workforce, or its location(s). An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures of an approved CTR plan. Exemptions may be granted by the city at any time based on written notice provided by the major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR Board Guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests and shall determine whether the exemption will be in effect during the following program year. x.x.160 Appeals. A. Any major employer may appeal administrative decisions regarding exemptions, modification of targets, modification of CTR program elements, and determinations concerning failure to implement a CTR program, to the Hearing Examiner pursuant to Section x.x.x (link to appeals/hearing examiner code). The appeal must be filed with the City Clerk not later than the tenth day following the date of the administrative decision, accompanied by the appropriate appeal fee. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. B. The appeal shall be heard by the city’s Hearing Examiner. Substantial weight shall be given to the administrative decision and the burden of establishing the contrary shall be upon the appealing party. In reviewing the appeal, the Hearing Examiner shall determine whether the administrative decision is consistent with the provisions of this chapter including the city’s CTR plan. The Hearing Examiner shall have jurisdiction over the appeal and the authority to affirm, modify, reverse or remand the administrative decision, or to grant other appropriate relief. The decision of the Hearing Examiner shall constitute a final decision appealable to Superior Court. Model Commuter Benefit Ordinance – Code Sections x.x.010 Title. This chapter shall be known as the “Commuter Benefit Ordinance of the City of Arlington”, and the requirements set forth in this chapter are applicable to all major employers defined herein. x.x.020 Definitions For the purposes of this Chapter x.x: A. "Adverse action" means denying a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of employment, threatening, penalizing, engaging in unfair immigration- related practices, filing a false report with a government agency, changing an employee's status to a nonemployee, or otherwise discriminating against any person for any reason prohibited by Section x.x.x. "Adverse action" for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment. B. "Department" means the Community and Economic Development Department and any division therein. C. "Aggrieved party" means the employee or other person who suffers tangible or intangible harm due to the employer or other person's violation of this Chapter x.x D. City means City of Arlington. E. “Covered employee” means a full-time employee who begins his or her regular work day at a major employer worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. For the purposes of defining affected employees the following apply: 1. A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. 2. The employee will only be counted at his or her primary worksite. 3. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. F. “Covered employer” means “major employer” as defined in this Section x.x.020. G. "Director" means the Director of Community and Economic Development Director or the Director's designee. H. "Employ" means to suffer or permit to work. I. "Employee" means any individual employed by the employer, including but not limited to full-time employees, part-time employees, and temporary workers. An alleged employer bears the burden of proof that the individual is, as a matter of economic reality, in business for oneself (i.e. independent contractor) rather than dependent upon the alleged employer. J. "Employer" means any individual, partnership, association, corporation, business trust, or any entity, person or group of persons, or a successor thereof, that employs another person and includes any such entity or person acting directly or indirectly in the interest of the employer in relation to the employee. More than one entity may be the "employer" if employment by one employer is not completely disassociated from employment by the other employer. K. "Front pay" means the compensation the employee would earn or would have earned if reinstated to the employee's former position. L. "Hearing Examiner" means the official appointed by the City Council and designated as the Hearing Examiner, under Chapter x.x or that person's designee (e.g., Deputy Hearing Examiner or Hearing Examiner Pro Tem). M. “Major employer” means a private or public employer, including state agencies, that employs 100 or more full-time affected employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on at least two weekdays each week for at least 12 continuous months. N. "Rate of inflation" means 100 percent of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers, termed CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less than zero. O. "Successor" means any person to whom the employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, a major part of the property, whether real or personal, tangible or intangible, of the employer's business. For purposes of this definition, "person" means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock, company, limited liability company, association, joint venture, or any other legal or commercial entity. P. "Written" or "writing" means a printed or printable communication in physical or electronic format including a communication that is transmitted through email, text message or a computer system, or is otherwise sent and maintained electronically. Q. "Respondent" means the employer or any person who is alleged or found to have committed a violation of this Chapter x.x. x.x.030 Employee coverage. Covered employees under this Chapter x.x are limited to those who work an average of ten hours or more per week in City of Arlington in the previous calendar month. x.x.040 Employer coverage. A. For the purposes of this Chapter x.x, covered employers are limited to major employers. B. Governmental entities and tax-exempt organizations are excluded from the provisions of this Chapter x.x. x.x.050 Pre-tax election commuter benefit. A. No later than Date, 20xx, all covered employers shall provide a pre-tax election commuter benefit to covered employees. B. Covered employers shall make the offer of pre-tax election commuter benefits, to covered employees within 60 calendar days of commencing employment. C. The pre-tax election commuter benefit shall allow employees to elect to exclude qualified transportation fringe benefits (except for parking) incurred for transit expenses or vanpool expenses from the employee's taxable wages and compensation up to the maximum level allowed by federal tax law, consistent with federal Internal Revenue Code Section 132(f) as of June 1, 2018. D. Covered employers shall provide the payroll deduction within 30 calendar days of the covered employee selecting the benefit. E. Fully or partially subsidized, employer-provided, transit passes qualify as pre-tax election commuter benefits for this Section x.x.050. x.x.060 Notice and posting. A. The Department shall create and distribute a poster giving notice of the rights afforded by this Chapter x.x. The Department shall create and distribute the poster in English, Spanish, and any other languages that are necessary for covered employers to comply with subsection x.x.060.B. The poster shall give notice of the right under this Chapter x.x to exclude commuting costs (except for parking) incurred for transit expenses or vanpool expenses from the employee's taxable wages and compensation up to the maximum level allowed by federal tax law, consistent with federal Internal Revenue Code Section 132(f). B. Covered employers shall display the poster in a conspicuous and accessible place at any workplace or job site where any of their employees' work. Employers shall display the poster in English and in the primary language(s) of the employee(s) at the particular workplace. If display of the poster is not feasible, including situations when the employee works remotely or does not have a regular workplace or job site, employers may provide the poster on an individual basis in an employee's primary language in physical or electronic format that is reasonably conspicuous and accessible. x.x.070 Employer records A. Each covered employer shall retain records that document compliance with this Chapter x.x including: 1. Written documentation of the covered employer's offer of pre-tax election commuter benefits. B. Records required by this Section x.x.070 shall be retained for a period of three years. C. If the covered employer fails to retain adequate records required under subsection x.x.070.A, there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this Chapter x.x for the periods for which records were not retained and for each employee for whom records were not retained. x.x.080 Retaliation prohibited A. No employer or any other person shall interfere with, restrain, deny, or attempt to deny the exercise of any right protected under this Chapter x.x. B. No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights protected under this Chapter x.x. Such rights include but are not limited to the right to make inquiries about the rights protected under this Chapter x.x; the right to inform others about their rights under this Chapter x.x; the right to inform the person's employer, union, or similar organization, and/or the person's legal counsel or any other person about an alleged violation of this Chapter x.x; the right to file an oral or written complaint with the Department or bring a civil action for an alleged violation of this Chapter x.x; the right to cooperate with the Department in its investigations of this Chapter x.x; the right to testify in a proceeding under or related to this Chapter x.x; the right to refuse to participate in an activity that would result in a violation of city, state or federal law; and the right to oppose any policy, practice, or act that is unlawful under this Chapter x.x. C. No employer or any other person shall communicate to a person exercising rights protected under this Section Chapter x.x, directly or indirectly the willingness to inform a government employee that the person is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of an employee or a family member of the employee to a federal, state, or local agency because the employee has exercised a right under this Chapter x.x. D. Standard of proof. Proof of retaliation under this Section x.x.080 shall be sufficient upon a showing that the employer or any other person has taken an adverse action against a person and the person's exercise of rights protected in Section x.x.080 was a motivating factor in the adverse action, unless the employer can prove that the action would have been taken in the absence of such protected activity. E. The protections afforded under this Section x.x.080 shall apply to any person who mistakenly but in good faith alleges violations of this Chapter x.x. F. A complaint or other communication by any person triggers the protections of this Section x.x.080 regardless of whether the complaint or communication is in writing or makes explicit reference to this Chapter x.x. x.x.090 Outreach The Department shall coordinate with Community Transit to provide outreach and education to businesses on the implementation of a pre-tax commuter benefit program. x.x.100 Enforcement power and duties A. On or after Date, the Department shall have the power to investigate violations of this Chapter x.x, as defined herein, and shall have such powers and duties in the performance of these functions as are defined in this Chapter x.x and otherwise necessary and proper in the performance of the same and provided for by law. B. The Department shall be authorized to coordinate implementation and enforcement of this Chapter x.x and shall promulgate appropriate guidelines or rules for such purposes. C. The Director of the Department is authorized and directed to promulgate rules consistent with this Chapter x.x and Chapter x.x. Any guidelines or rules promulgated by the Director shall have the force and effect of law and may be relied on by employers, employees, and other parties to determine their rights and responsibilities under this Chapter x.x. x.x.110 Violation The failure of any respondent to comply with any requirement imposed on the respondent under this Chapter x.x is a violation. x.x.120 Investigation A. The Department shall have the power to investigate any violations of this Chapter x.x by any respondent. x.x.130 Findings of fact and determination A. Except when there is an agreed upon settlement, the Director shall issue a written determination with findings of fact resulting from the investigation and statement of whether a violation of this Chapter x.x has or has not occurred based on a preponderance of the evidence before the Director. B. If the Director determines that there is no violation of this Chapter x.x, the Director shall issue a "Determination of No Violation" with notice of an employee or other person's right to appeal the decision, subject to the rules of the Director. C. If the Director determines that a violation of this Chapter x.x has occurred, the Director shall issue a "Director's Order" that shall include a notice of violation identifying the violation or violations. 1. The Director's Order shall state with specificity the amounts due under this Chapter x.x for each violation, including payment of civil penalties and penalties payable to the aggrieved party pursuant to Section x.x.140. 2. The Director's Order may specify that civil penalties due to the Department can be mitigated for respondent's timely payment of remedy due to an aggrieved party or provision of proof of compliance under Section x.x.140. 3. The Director's Order may specify that civil penalties are due to the aggrieved party rather than due to the Department. 4. The Director's Order may direct the respondent to take such corrective action as is necessary to comply with the requirements of this Chapter x.x including, but not limited to, monitored compliance for a reasonable period of time. 5. The Director's Order shall include notice of the respondent's right to appeal the decision, pursuant to Section Chapter x.x. x.x.140 Remedies [add specific remedies/civil penalties as applicable in your jurisdiction] x.x.150 Appeal period and failure to respond [add specific appeal procedures as applicable in your jurisdiction] x.x.160 Appeal procedure and failure to appear [add specific appeal procedures as applicable in your jurisdiction] x.x.170 Appeal from Hearing Examiner order [add specific appeal procedures as applicable in your jurisdiction] x.x.180 Failure to comply with final order If a respondent fails to comply within 30 days of service of any settlement agreement with the Department, or with any final order issued by the Director or the Hearing Examiner for which all appeal rights have been exhausted, the Department may pursue, but is not limited to, the following measures to secure compliance: [add specific code enforcement actions as applicable in your jurisdiction] x.x.190 Other legal requirements This Chapter x.x defines requirements for commuter benefits and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater requirements; and nothing in this Chapter x.x shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Nor shall this Chapter 14.30 be construed to preclude any person aggrieved from seeking judicial review of any final administrative decision or order made under this Chapter x.x affecting such person. x.x.200 Severability The provisions of this Chapter x.x are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this Chapter x.x, or the application thereof to any employer, employee, or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this Chapter x.x, or the validity of its application to other persons or circumstances. Ordinance No. 2025-XXX ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 10.80 OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO COMMUTE TRIP REDUCTION WHEREAS, the City of Arlington has the authority to regulate and encourage commute trip reduction in the City of Arlington; and WHEREAS, at the same time as adoption of this Ordinance, the City is approving its 2025-2029 Commute Trip Reduction (CTR) Plan; WHEREAS, the City Council deems it appropriate to amend its municipal code to make it consistent with the adopted CTR Plan. NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code (AMC) Chapter 10.80 shall be amended to read as set forth in Exhibit “A” attached hereto. Section 2. 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 3. Effective Date. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 16th day of June, 2025. CITY OF ARLINGTON ___________________________________ Attest: Don E. Vanney, Mayor ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Oskar Rey City Attorney {OER4898-6853-3065;1/13217.000001/} EXHIBIT A Chapter 10.80 COMMUTE TRIP REDUCTION Sections: 10.80.010 Title. 10.80.020 Jurisdiction. 10.80.030 Purpose. 10.80.040 Administration. 10.80.050 Deﬁnitions. 10.80.060 City’s CTR plan. 10.80.070 Responsible city agency. 10.80.080 Applicability—Timeline for compliance. 10.80.090 Requirements for employers. 10.80.100 Record keeping. 10.80.105 Additional program elements for major employers. 10.80.110 Schedule and process for CTR reports. 10.80.120 Enforcement. 10.80.130 Exemptions and goal modiﬁcations. 10.80.140 Appeals. 10.80.010 - Title. The ordinance codiﬁed in this chapter shall be known as the "commute trip reduction ordinance of City of Arlington". 10.80.020 - Jurisdiction. The requirements set forth in this chapter shall apply to all major employers at any single worksite within the incorporated area. 10.80.030 - Purpose. The purpose of this chapter is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in 2006 by the Commute Trip Reduction Eﬃciency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other city requirements for compliance with the State Environmental Policy Act (SEPA). 10.80.040 - Administration. {OER4898-6853-3065;1/13217.000001/} The city administrator or designee shall have the duty and responsibility to administer the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. 10.80.050 - Deﬁnitions. "Aﬀected employee" means a full-time employee who begins their regular work day at a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months. For the purpose of deﬁning aﬀected employees the following apply: (1) A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for ﬁfty-two weeks for an average of at least thirty- ﬁve hours per week. (2) The employee will only be counted at his or her primary worksite. (3) Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of aﬀected employees. "Aﬀected urban growth area" means: (1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and (2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or (3) An urban growth area identiﬁed by the Washington State Department of Transportation as listed in WAC 468-63-020(2)(b). "Alternative mode" means any means of commute transportation other than that in which the drive-alone motor vehicle is the dominant mode, including teleworking and compressed work weeks if they result in reducing commute trips. "Alternative work schedules" means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday eight a.m. to ﬁve p.m. schedule. Programs such as compressed work weeks that eliminate work days for aﬀected employees are an example. "Baseline data collection" means the collection of employee trip data at a major worksite to determine the non-drive alone trips per employee at the worksite. The jurisdiction uses these measurements to develop commute trip reduction targets for the major employer. The baseline {OER4898-6853-3065;1/13217.000001/} measurements must be implemented in a manner that meets the requirements and timeframe speciﬁed by the city. "Carpool" means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. "City" means the city of Arlington. "Commute trip" means trips made from a worker's home to a worksite during the peak time of six a.m. to nine a.m. (inclusive) on weekdays. "Commuter matching service" means a system that assists in matching commuters for the purpose of commuting together, such as RideshareOnline.com. "Compressed work week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This deﬁnition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may also include other arrangements. "CTR law" means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and codiﬁed in RCW 70.94.521 through 70.94.551 requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas. Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers in the aﬀected urban growth area. "CTR plan" means the city plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction. "CTR program" means an employer's strategies to increase aﬀected employees' non-drive alone trips. “Drive-alone commute trip” means commute trips made by employees in single occupant vehicles. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonproﬁt, or private, that employs workers. "ETC" means employer transportation coordinator as required pursuant to RCW 70.94.531(3). "Flex-time" means an employer policy allowing individual employees some ﬂexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. {OER4898-6853-3065;1/13217.000001/} "Full-time employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for ﬁfty-two weeks for an average of at least thirty-ﬁve hours per week on two or more weekdays per week. "Goals" means the established criteria for measuring eﬀectiveness of employer programs as outlined in the city's CTR plan. "Good faith eﬀort" means that an employer has met the minimum requirements identiﬁed in RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modiﬁcations likely to result in improvements to its CTR program over an agreed-upon length of time. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555, this chapter and the CTR plan as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives for non-drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. "Major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time aﬀected employees at a single worksite who begin their regular workday between six a.m. and nine a.m. on at least two weekdays each week for at least twelve continuous months. "Major worksite" or "worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time aﬀected employees. "Mode" means the means of transportation used by employees, such as drive-alone motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and teleworking. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. "Single-occupant vehicle (SOV)" means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the motor vehicles, but the ages of these passengers are under sixteen, the motor vehicle is still considered a single- occupant vehicle for measurement purposes. "Target" means a quantiﬁable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress, such as increase in non-drive alone trips. {OER4898-6853-3065;1/13217.000001/} "Teleworking" means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. "Vanpool" means a vehicle occupied by from ﬁve to ﬁfteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. "Voluntary worksite" means the physical location occupied by an employer that is voluntarily implementing a CTR program. "Week" means a seven-day calendar period starting on Monday and continuing through Sunday. "Weekday" means any day of the week except Saturday or Sunday. "Writing," "written," or in "writing" means original written signed and dated documents delivered via the United States Postal Service. 10.80.060 - City's CTR plan. The city's CTR plan, as approved in December 2016 to be eﬀective in 2017June 2025, is adopted wholly and incorporated herein by reference. 10.80.070 - Responsible city agency. The city is responsible for implementing this chapter, the CTR plan, and the city CTR program should be identiﬁed together with any authority necessary to carry out such responsibilities such as rule making or certain administrative decisions. 10.80.080 - Applicability—Timeline for compliance. The provisions of this chapter shall apply to any major employer or voluntary worksite within the corporate limits of the city. (1) In addition to city's established public notiﬁcation for adoption of an ordinance, a notice of availability of a summary of the ordinance codiﬁed in this chapter, a notice of the requirements and criteria for major employers to comply with said ordinance, and subsequent revisions shall be published at least once in city oﬃcial newspaper not more than thirty days after passage of said ordinance or revisions. (2) Major employers located in the city are to receive written notiﬁcation that they are subject to this chapter. Such notice shall be addressed to the company's chief executive oﬃcer, senior oﬃcial, or CTR manager at the worksite. The major employer shall perform baseline data collection within ninety days of notiﬁcation. After the results of the baseline {OER4898-6853-3065;1/13217.000001/} data are provided to the major employer, the major employer shall submit a CTR program to the city within ninety days. (3) Major employers that, for whatever reason, do not receive notice within thirty days of passage of the ordinance codiﬁed in this chapter and are either notiﬁed or identify themselves to the city within ninety days of the passage of said ordinance shall perform baseline data collection within ninety days of notiﬁcation or the major employer shall submit a CTR program within ninety days of receipt of the baseline data results. (4) New Major Employers. Employers that meet the deﬁnition of "major employer" in this chapter must identify themselves to the city within ninety days of either moving into the boundaries of city or growing in employment at a worksite to one hundred or more aﬀected employees. Such employers shall complete baseline data collection within ninety days of identiﬁcation as a major employer and shall submit a CTR program within ninety days of the baseline data results. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program's approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. (5) Change in Status as a Major Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: (A) If an employer initially designated as a major employer no longer employs one hundred or more aﬀected employees and expects not to employ one hundred or more aﬀected employees for the next twelve months, that employer is no longer a major employer. It is the responsibility of the employer to notify city that it is no longer a major employer. (B) If the same employer returns to the level of one hundred or more aﬀected employees within the same twelve months, that employer will be considered a major employer for the entire twelve months and will be subject to the same program requirements as other major employers. (C) If the same employer returns to the level of one hundred or more aﬀected employees twelve or more months after its change in status to a "voluntary" employer, that employer shall be treated as a new major employer and will be subject to the same program requirements as other new major employers. 10.80.090 - Requirements for employers. A major employer is required to make a good faith eﬀort, as deﬁned in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to increase non-drive alone commute trips. The employer shall submit a description of its program to the city and provide quarterly progress reports to the city on employee commuting and progress toward {OER4898-6853-3065;1/13217.000001/} meeting the goals and targets. The CTR program must include the mandatory elements as described below. (1) CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the program goals and targets stated in the city's CTR plan. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer's description must include: (A) General description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; (B) Number of employees aﬀected by the CTR program; (C) Documentation of compliance with the mandatory CTR program elements (as described in subsection (1)(B)); (D) Description of the additional elements included in the CTR program (as described in subsection (1)(B)); and (E) Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. (2) Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: (A) Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator and/or designee's name, location, and contact information must be displayed prominently at each major worksite. The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and city. The objective is to have an eﬀective transportation coordinator presence at each worksite; a major employer with multiple sites may have one transportation coordinator for all sites. (B) Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. One of the items distributed must be a description of the employer's worksite program. The employer's program description and quarterly report must identify the information to be distributed and the method of distribution. {OER4898-6853-3065;1/13217.000001/} (C) Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith eﬀorts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall ﬁle a quarterly progress report with the city in accordance with the format established by this chapter and consistent with the CTR board guidelines*. The report shall describe each of the CTR measures that were in eﬀect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the eﬀectiveness of the CTR program and, if necessary, propose modiﬁcations to achieve the worksite's CTR targets. The format of the report shall be provided by the city. The employer should contact the city for the format of the report. * CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm (D) Trip Data Measurement. Employers shall conduct a quarterly program data evaluation as a means of determining worksite progress toward meeting CTR targets. (E) Annual Worksite Promotion of Employer CTR Program. Major employers will hold at least one annual transportation fair or equivalent promotion which is available to all employees at each major worksite. (FE) ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment. (GF) Employer Notiﬁcation. Employers will be required to notify the city or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or changes in number of employees at the worksite. (HG) ETC Networking/Advanced Training. ETCs will be required to attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings. (I) Additional Program Elements. In addition to the speciﬁc program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals and targets. Elements may include, but are not limited to, one or more of the following: (i) Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles; (ii) Instituting or increasing parking charges for single occupant vehicles; (iii) Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips; {OER4898-6853-3065;1/13217.000001/} (iv) Provision of subsidies for transit fares; (v) Provision of vans for vanpools; (vi) Provision of subsidies for carpools or vanpools; (vii) Permitting the use of the employer's vehicles for carpooling or vanpooling; (viii) Permitting ﬂexible work schedules to facilitate employees' use of transit, carpools, or vanpools; (ix) Cooperation with transportation providers to provide additional regular or express service to the worksite; (x) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; (xi) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; (xii) Establishment of a program to permit employees to work part- or full- time at home or at an alternative worksite closer to their homes; (xiii) Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting; and (xiv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site daycare facilities and emergency taxi services. 10.80.100 - Record keeping. Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Employers will maintain all records listed in their CTR program for a minimum of forty-eight months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 10.80.105 - Additional program elements for major employers. Major employers shall choose at least ﬁve of the following measures including one from each subsection below (A. Commuting Support and Incentives. B. Information and Education. C. Amenities and Infrastructure). Alternative measures may be submitted by the employer to Community Transit for review and approval. Worksites located next to other employers are encouraged to partner to provide shared commuting amenities and distribute costs and beneﬁts more broadly. A. Commuting Support and Incentives. {OER4898-6853-3065;1/13217.000001/} 1. Subsidized or free transit passes for employees. 2. Pre-tax payroll deductions for transit or vanpool expenses. 3. Provision of subsidies for carpooling or vanpooling. 4. Incentives rewarding avoidance of drive-alone commute trips such as gift cards or a parking cash-out program. 5. Guaranteed ride home programs for emergencies. 6. Shuttle services from transit stations to the workplace. 7. Employer telework program. 8. Flexible or compressed workweek schedules. 9. Options for working at alternative sites closer to employees’ homes. 10. Incentives for walking or biking, such as gift cards or discounts on outdoor gear. 11. Rideshare matching events for vanpools and carpools. B. Information and Education. 1. Commute options information and orientation for new hires. 2. Communication plan for sharing print and digital information on the employer’s CTR program. 3. Information on commute options and resources displayed in common areas at the workplace and/or available online or by mobile app. 4. Educational campaigns, conducted at least once per year, on the beneﬁts of alternative commuting. 5. Outreach campaigns, conducted at least once per year, to promote walking or biking, such as a “bike to work” month. 6. Workshop or transportation fair, conducted at least once per year, promoting sustainable transportation options. 7. Personalized travel planning assistance for employees, which could include guidance on transportation beneﬁts, planning routes, or ﬁnding rideshare partners. 8. Real-time transit information display at the workplace or in a centrally accessible location. {OER4898-6853-3065;1/13217.000001/} C. Amenities and Infrastructure. 1. Preferential parking for carpoolers and vanpoolers. 2. Amenities for bike commuters including secure bike storage, showers, or bike repair stations. 3. Onsite amenities like a cafeteria, ﬁtness center, micro-market, or daycare to reduce oﬀ-site trips. 4. Provision and maintenance of electric vehicle charging stations. 5. Parking space for carshare vehicles or company-owned cars for employee use. 10.80.110 - Schedule and process for CTR reports. (a) CTR Program. Not more than ninety days after the adoption of the ordinance codiﬁed in this chapter, or within ninety days after an employer qualiﬁes under the provisions of this chapter, the employer will be given ninety days to complete baseline data collection, and an additional ninety days to submit a CTR program once the baseline data results are given to the employer. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program's approval by the city. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. (b) Document Review. The city shall provide the employer with written notiﬁcation if a CTR program is deemed unacceptable. The notiﬁcation must give cause for any rejection. The employer shall have thirty days to resubmit a modiﬁed program. If the employer receives no written notiﬁcation of extension of the review period of its CTR program or comments on the CTR program or quarterly report within ninety days of submission, the employer's program or quarterly report is deemed accepted. The city may extend the review period up to ninety days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (c) CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR program, the employer shall submit quarterly reports on the dates requested from the city, no less than ninety days after program approval. (d) CTR Biennial Progress Reports. CTR-aﬀected employers shall report on the CTR programs every two years with the ﬁrst biennial CTR progress report due two years after establishing their CTR program. The CTR biennial progress report is a standardized questionnaire that asks about elements of the employer’s CTR program. The city will review and approve the CTR biennial progress report based on the CTR program’s eﬀectiveness at reducing drive-alone trips. {OER4898-6853-3065;1/13217.000001/} (e) Biennial measure of employee commute behavior. Employers shall conduct a program evaluation to determine worksite progress toward meeting CTR goals. The employer shall distribute and collect commute trip reduction program surveys at least once every two years and strive to achieve at least a 70 percent response rate from employees at the worksite. The ﬁrst survey shall be conducted by the CTR-aﬀected employer one year after establishing the employers CTR program and then every two years thereafter. (df) Modiﬁcation of CTR Program Elements. Any major employer may submit a request to the city to modify a CTR program element, other than the mandatory elements speciﬁed in this chapter, including record keeping requirements. Such requests may be granted if one of the following conditions exist: (1) The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or (2) The employer can demonstrate that compliance with the program elements would constitute an undue hardship. (eg) Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be via written notice at least ten working days before the due date for which the extension is being requested. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall grant or deny the employer's extension request by written notice within ten working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting program goals and targets. Extensions granted due to delays or diﬃculties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's reporting date shall not be adjusted permanently as a result of these extensions. An employer's reporting date may be extended at the discretion of the city. (fh) Implementation of Employer's CTR Program. The employer shall implement its approved CTR program not more than ninety days after the program was ﬁrst submitted to the city. Implementation of the approved program modiﬁcations shall begin within thirty days of the ﬁnal decision or ninety days from submission of the CTR program or CTR quarterly report, whichever is greater. 10.80.120 - Enforcement. (a) Compliance. For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program. (b) Program Modiﬁcation Criteria. The following criteria for achieving targets for non- drive alone trips per employee shall be applied to determine requirements for employer CTR program modiﬁcations: {OER4898-6853-3065;1/13217.000001/} (1) If an employer makes a good faith eﬀort, as deﬁned in RCW 70.94.534(2) and this chapter, and meets either or both targets, the employer has satisﬁed the objectives of the CTR plan and will not be required to modify its CTR program. (2) If an employer makes a good faith eﬀort, as deﬁned in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable targets, the city shall work collaboratively with the employer to make modiﬁcations to its CTR program. After agreeing on modiﬁcations, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement. (3) If an employer fails to make a good faith eﬀort as deﬁned in RCW 70.94.534(2) and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modiﬁcations to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modiﬁcations. In response to the recommended modiﬁcations, the employer shall submit a revised CTR program description, including the requested modiﬁcations or equivalent measures, within thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that eﬀect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staﬀ for the purpose of reaching a consensus on the required program. A ﬁnal decision on the required program will be issued in writing by the city within ten working days of the conference. (c) Violations. The following constitute violations if the deadlines established in this chapter are not met: (1) Failure to self-identify as a major employer within the timeframes indicated in the applicability—timeline for compliance section above; (2) Failure to perform a baseline data collection including: (A) Employers notiﬁed or that have identiﬁed themselves to the city within ninety days of the ordinance codiﬁed in this chapter being adopted and that do not perform baseline data collection consistent with the requirements speciﬁed by the city within ninety days from the notiﬁcation or self-identiﬁcation; (B) Employers not identiﬁed or self-identiﬁed within ninety days of the ordinance codiﬁed in this chapter being adopted and that do not perform baseline data collection consistent with the requirements speciﬁed by the {OER4898-6853-3065;1/13217.000001/} city within ninety days from the adoption of the ordinance codiﬁed by this chapter; (C) A new major employer that does not perform baseline data collection consistent with the requirements speciﬁed by the city within ninety days of identiﬁcation as a major employer; (3) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantiﬁable evidence to meet or exceed the goals and targets as speciﬁed in this chapter; (4) Submission of false or fraudulent data in response to data collection requirements; (5) Failure to make a good faith eﬀort, as deﬁned in RCW 70.94.534(2); or (6) Failure to revise a CTR program as deﬁned in RCW 70.94.534(4). (d) Penalties. (1) No major employer with an approved CTR program which has made a good faith eﬀort may be held liable for failure to reach the applicable goals and targets; (2) Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW Chapter 7.80. The maximum penalty shall be equal to the state of Washington Class I civil infraction of two hundred ﬁfty dollars per day per violation, as described in RCW 7.80.120(1)(a), or whichever is greater. (3) A major employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certiﬁed collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: (A) Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as deﬁned by the National Labor Relations Act; and (B) Advise the union of the existence of the statute and the mandates of the CTR program approved by city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). 10.80.130 - Exemptions and target modiﬁcations. (a) Worksite Exemptions. A major employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer {OER4898-6853-3065;1/13217.000001/} must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its locations. An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures of the approved CTR plan. Exemptions may be granted by the city at any time based on written notice provided by the major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in eﬀect during the following program year. (b) Employee Exemptions. Speciﬁc employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identiﬁed in the CTR board guidelines* to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in eﬀect during the following program year. *CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm (c) Modiﬁcation of CTR Program Targets. A major employer may request that the city modify its CTR program targets. Such requests shall be ﬁled in writing prior to the date the worksite is required to submit its program description or quarterly report. The target modiﬁcation request must clearly explain why the worksite is unable to achieve the applicable target. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for target modiﬁcations in accordance with procedures and criteria identiﬁed in the CTR board guidelines. An employer may not request a modiﬁcation of the applicable targets until one year after the city approval of its initial program description or report. 10.80.140 - Appeals. Any major employer may appeal the administrative decisions regarding exemptions, modiﬁcation of targets, modiﬁcation of CTR program elements, and determinations concerning failure to implement a CTR program. The appeal must be ﬁled with the city clerk not later than the tenth day following the date of the administrative decision, accompanied by the appropriate appeal fee. The appeal must be in writing and state in a clear and concise manner the speciﬁc exceptions and objections to the administrative decision. Appeals shall be heard by a hearing examiner appointed by the city. In reviewing the appeal, the hearing examiner shall determine whether the administrative decision is consistent with the provisions of this chapter, including the CTR plan. {OER4898-6853-3065;1/13217.000001/} The hearing examiner shall have authority to aﬃrm, modify, reverse or remand the administrative decision or to grant other appropriate relief. The decision on the appeal shall constitute a ﬁnal decision appealable to the city council. City of Arlington Commute Trip Reduction Four-Year Plan Update: 2025–2029 June 16, 2025 Commute Trip Reduction Plan Page ii Contents Abbreviations ............................................................................................................................................... iv Summary……………………………………………………………………………………………………………………………………..v Benefits of CTR ............................................................................................................................................. 1 1.Local Land Use and Transportation Context and Objectives .................................................... 1 2.How the CTR Program Will Help Achieve City of Arlington’s Land Use and Transportation Objectives ..................................................................................................................................... 4 3.How the CTR Program Will Help Achieve Arlington’s Environmental Objectives, How the CTR Program Will Support City of Arlington’s Environmental Objectives in Addition to Greenhouse Gas Emission Reductions .............................................................................................................. 4 4.How the CTR Program Will Help Achieve Regional and State Objectives................................. 4 Performance Targets ................................................................................................................................... 7 5.CTR Performance Targets ........................................................................................................... 7 6.Base Values for Each Performance Target ................................................................................ 7 7. Method Used to Determine the Base Value for Each Target .................................................... 7 8.How Arlington Will Measure Progress Toward Each Target ...................................................... 7 9.CTR-Affected Worksites in Arlington ........................................................................................... 7 10.Performance Targets for Each CTR-Affected Worksite .............................................................. 8 11.List the Base Value for Each Site ................................................................................................ 8 Services and Strategies ............................................................................................................................... 9 12.Services and Strategies Arlington Will Use to Achieve CTR Targets ......................................... 9 13.How City of Arlington’s Services and Strategies Will Support CTR-Affected Employers ........ 10 14.Barriers City of Arlington Must Address to Achieve CTR Targets ............................................ 11 15.The Transportation Demand Management Technologies City of Arlington Plans to Use to Deliver CTR Services and Strategies ........................................................................................ 13 16.City of Arlington’s Local CTR Ordinance ................................................................................... 13 17.City of Arlington’s Financial Plan .............................................................................................. 13 18.City of Arlington’s Implementation Structure ........................................................................... 14 19.City of Arlington’s Implementation Schedule ........................................................................... 14 20.CTR Plan for City of Arlington Employees ................................................................................. 15 City of Arlington Commute Trip Reduction Four-Year Plan Update: 2025–2029 Contents (Continued) Commute Trip Reduction Plan Page iii 21.How the CTR Plan for City of Arlington Employees Contributes to the Success of the Overall Plan ............................................................................................................................................. 15 Alignment with Plans ................................................................................................................................ 16 22.Transit Agencies That Provide Service in City of Arlington ...................................................... 16 23.Transit Plans Reviewed While Developing this Plan ................................................................ 16 24.How This CTR Plan Supports the Transit Plan(s) ..................................................................... 16 25. Comprehensive Plan Updates Needed and When They Will Be Made ................................... 16 Engagement .............................................................................................................................................. 17 26.City of Arlington’s Stakeholder Engagement ............................................................................ 17 Describe stakeholder engagement. ................................................................................................... 17 27.Describe vulnerable populations considered. ......................................................................... 26 28.Describe engagement focused on vulnerable populations. ................................................... 27 29. List employers’ suggestions to make CTR more effective. ..................................................... 31 30.Describe results of engagement focused on vulnerable populations that will be provided for use in comprehensive plan and transit plan updates. ............................................................ 32 Regional Transportation Planning Organization CTR Plan Review ........................................................ 33 Appendixes Appendix A : Current Program Participants Appendix B: Comprehensive Plan Policies that Support CTR Appendix C: Maps Appendix D: City of Arlington Commute Trip Reduction Ordinance (AMC 10.80) Appendix E: City of Arlington Policy 220 Alternate Work Arrangements Commute Trip Reduction Plan Page iv Abbreviations ACS American Community Survey Census U.S. Census Bureau City City of Arlington, WA Comprehensive Plan City of Arlington Comprehensive Plan County Snohomish County CTR commute trip reduction ETC Employee Transportation Coordinator PSRC Puget Sound Regional Council RCW Revised Code of Washington RTPO regional transportation planning organizations WAC Washington Administrative Code WSDOT Washington State Department of Transportation [Type here] [Type here] v. Summary The Commute Trip Reduction (CTR) Plan for the City of Arlington outlines policies and strategies to improve air quality and reduce traffic congestion through employer-based transportation programs that encourage the use of alternatives to single-occupant vehicle trips for commute purposes. This plan as well as previous CTR plans and ordinances has been developed to meet the requirements of the Washington State Commute Trip Reduction Act (RCW 70.94) initially adopted in 1991. In 2015, the Washington State Legislature updated the program to allow greater flexibility at the jurisdiction level to apply transportation demand management (TDM) strategies that better address local conditions. This plan applies to “affected major employers” in the City of Arlington who employ 100 or more full-time employees at a single worksite and who are scheduled to begin their workday on weekdays between 6:00 a.m. and 9:00 a.m. The plan also applies to “voluntary employers” who choose to participate in the program even though they do not meet the criteria to be affected. Building upon the accomplishments of the existing commute trip reduction program, as well as other successful TDM strategies, the plan outlines strategies the City of Arlington, along with other agencies, will implement to assist employers in meeting the goals of the plan. Commute Trip Reduction Plan Page 1 Benefits of CTR 1. Local Land Use and Transportation Context and Objectives a. Setting In Arlington as it is Today or Will Be in the Near Future The City of Arlington is completing the 2024 Comprehensive Plan, and the CTR plan will be included. Arlington is updating the Comprehensive Plan to meet the requirements of the Washington State Growth Management Act and to align with Puget Sound Regional Council Policy Vision 2050 and the Snohomish County Countywide Planning Policies. As an urban edge city currently consisting of nine square miles, Arlington’s current population of 19,868 (2020 census) is expected to grow by about 8,500 households with a projected population of 34,649 by 2044, according to Snohomish County’s Buildable Lands Report (BLR). Arlington consists of three primary planning areas: Old Town Business and Residential Districts; Arlington Municipal Airport and the surrounding Cascade Industrial Center, and the Smokey Point planning area. The Old Town planning area consists of early to mid-1900 architecturally styled residential homes and commercial buildings, with an iconic “Main Street” serving the downtown corridor. The Airport and Cascade Industrial Center planning area includes 4,019 acres between the Cities of Arlington and Marysville reserved for manufacturing and industrial development. The third planning area, Smokey Point, has the most economic potential of all. Located along the western edge of the City and parallel to I-5, the Smokey Point Boulevard corridor is currently being studied for development as a transit oriented, mixed-use corridor, along its entirety, in anticipation of the Community Transit SWIFT BRT (Gold Line) in 2027. The Comprehensive Plan will provide strategies to encourage, create, and support equity among all aspects of life, including neighborhood connectivity. Transit services are currently provided by Community Transit, Sound Transit, and Snow Goose Transit. These three services combined provide a comprehensive service to the majority of Snohomish County and Arlington. There are several future changes that will impact Arlington commuters, including an updated bus network from Community Transit and a pilot program for Micro Transit (Community Transit program). Commute Trip Reduction Plan Page 2 b. Features of Land Use and Transportation Facilities and Services that Affect Commuters Land Use Features that Affect Commuters: Lack of affordable housing near transit and worksites continues to impact commuters as the further away they live, the more inaccessible transit becomes. A lack of density along transit corridors means that transit is not as accessible as it could be for many. Transportation Facilities and Services that Affect Commuters: Transit facilities and land use features also impact ridership, specifically lack of safe, accessible sidewalks (particularly for riders who rely on mobility devices) or well-lit, sheltered bus stops. Many areas lack sheltered bus stops or adequate sidewalk space, particularly in more rural areas that are outside the main transit corridors to larger population centers. c. Whether and How Commuting Patterns Have Changed in the Past Few Years Most employer representatives who attended the employer workshop on May 14, 2024 reported that telework increased during the COVID-19 pandemic and continues to be at a higher rate now than before the pandemic. Some employers noted a decline in vanpool use during the pandemic but shared that demand is increasing now. Some employers noted that driving alone has been steady and popular over the last five years. d. The Most Important Land Use and Transportation Objectives from Plans that Commute Trip Reduction Most Directly Affects The impacts and benefits to the City of Arlington of the Commute Trip Reduction (CTR) program reaches beyond the employment sites. CTR has continued to grow as the county grows and the program can be used to address a variety of transportation and environmental issues, especially as our ability to add capacity to roadways becomes a challenge. Meeting State and County Climate Change Goals – In Snohomish County 62% of greenhouse gas emissions are attributable to transportation. By working to reduce vehicle miles traveled, CTR supports both the Governor’s and County Executive’s executive orders on climate change and reduction of greenhouse gas. In the last year alone, the CTR program in Snohomish County and the city of Bothell reduced greenhouse gas emissions by over 8 million pounds of carbon dioxide. Avoiding the costs of Roadway Expansion – The cost of expanding roadways is increasing. In many cases it is more cost effective to manage demand than to continue expanding supply. Commute Trip Reduction Plan Page 3 Meeting the needs of increased urbanization – By 2035, the Snohomish County population is expected to grow by over 230,000 and employment is estimated to increase by almost 150,000 jobs. Most of this growth will go to the areas that are already urbanized. These are also areas where traffic problems are significant and alternative modes can be effective. Energy costs – Rising and unpredictable fuel costs have put strains on the personal budgets of the residents of Snohomish County. The CTR program, through subsidies and assistance with lower cost commuting options, can help commuters meet their household needs. Consumer preferences and market trends – CTR is addressing current consumer preferences in which more consumers want to live in multi-modal communities where it is possible to walk and bicycle safely, use neighborhood services, and have access to quality public transportation. Other environmental concerns – CTR helps to address concerns over air pollution, depletion of natural areas, and other environmental impacts by reducing the demand for automobiles. For each car that is taken off the road, there is a significant benefit to the environment. e. Critical Aspects of Land Use and Transportation that Should Be Sustained and Key Changes that Should Be Considered to Improve Commute Trip Reduction’s Contribution to the Land Use and Transportation Objectives Referenced Critical Aspects of Land Use and Transportation that Should Be Sustained: The City of Arlington is currently working towards providing walkable communities and complete streets throughout the city. The City has identified areas where commercial, industrial and higher density housing will most likely occur within the city. These areas include: Commercial Corridor Zone (Smokey Point Boulevard from 173rd Street to 200th Street and 204th Street from 67th Avenue NE to State Route 9 for Commercial and Higher Density Residential), Mixed-Use Overlay areas (Regulating Plan Place Types – Primarily for Commercial and Higher Density Residential), Master Planned Neighborhoods (Identified as MPN on the Zoning Map – Primarily for Single-Family Residential on small lots), and Cascade Industrial Center. It would be expected that future major employers would also be located in these areas. Community Transit currently provides transit service to some of these areas, but most of the areas have little or no transit services available. Key Changes that Should Be Considered • WSDOT has plans to expand and improve SR 531 from Smokey Point Boulevard to 67th Avenue, a major business corridor, but expansion has been delayed several times and timeline is unknown. Commute Trip Reduction Plan Page 4 2. How the CTR Program Will Help Achieve City of Arlington’s Land Use and Transportation Objectives a. How and to What Extent the CTR Program Will Help City of Arlington Achieve the Land Use and Transportation Objectives Referenced in Question 1 CTR has continued to grow as the county grows and the program can be used to address a variety of transportation and environmental issues, especially as our ability to add capacity to roadways becomes a challenge. 3. How the CTR Program Will Help Achieve Arlington’s Environmental Objectives, How the CTR Program Will Support City of Arlington’s Environmental Objectives in Addition to Greenhouse Gas Emission Reductions a. How the CTR Program Will Support to Greenhouse Gas Emission Reductions Encouraging other means of transportation besides single occupancy vehicles will ultimately reduce the potential number of cars on the roads, which has an effect on carbon emissions. Transit should consider the most efficient sizes of buses to meet the needs of commuters. b. How the CRR Program Will Support City of Arlington’s Environmental Objectives in Addition to Greenhouse Gas Emissions Encouraging other means of transportation besides single occupancy vehicles will ultimately reduce the potential number of cars on the road, thus requiring less increase in road size and numbers, allowing for less disruption of natural areas. 4. How the CTR Program Will Help Achieve Regional and State Objectives a. The Local, Regional, and State Benefits that Would Be Gained If City of Arlington Achieves the CTR Targets Local Benefits Avoiding the costs of Roadway Expansion – The cost of expanding roadways is increasing. In many cases it is more cost effective to manage demand than to continue expanding supply. Regional Benefits Meeting the needs of increased urbanization – By 2035, the Snohomish County population is expected to grow by over 230,000 and employment is estimated to increase by almost Commute Trip Reduction Plan Page 5 150,000 jobs. Most of this growth will go to the areas that are already urbanized. These are also areas where traffic problems are significant and alternative modes can be effective. State Benefits CTR helps to address concerns over air pollution, depletion of natural areas, and other environmental impacts by reducing the demand for automobiles. For each car that is taken off the road, there is a significant benefit to the environment. b. Adjacent CTR-Affected Cities and Counties. • City of Marysville • Snohomish County • Town of Darrington • City of Stanwood • Skagit County • City of Everett • City of Mount Vernon • City of Lake Stevens • City of Snohomish c. The Top Few Cross-Border and Regional Transportation Issues that Affect City of Arlington As housing costs in urban centers increase, many people with low incomes are moving or being displaced to areas outside of the urban cities to places like Arlington. Longer travel times when taking regular transit or specialized transportation compared to other transportation options, like driving a personal vehicle, is one of the key mobility challenges. Demographic trends point to a future with a higher percentage of people with specialized transportation needs living in the region by 2050. The oldest adults 85 and older will be the group that grows the most and who have a very high correlation with people with disabilities. In addition, youth, people with low incomes and working aged people with disabilities will continue to have mobility challenges that must be addressed. The Regional Transportation Plan recognizes active transportation, such as walking or cycling, as an essential element of the region’s transportation system. The region’s existing sidewalks, Commute Trip Reduction Plan Page 6 bicycle facilities and trails provide vital connections to transit and other local and regional destinations. However, there are substantial gaps in the facility network, leaving people unable to walk and bicycle to their destinations in some areas, particularly in less urban areas. Streets and highways in rural areas have operational and design characteristics different from their urban counterparts. For example, while arterials in the urban area serve major activity centers and connect residential areas to employment centers, arterials in the rural area often serve longer through trips and are spaced more infrequently, providing fewer direct connections. d. The Strategies City of Arlington, Adjacent Cities and Counties, and the Region Have Agreed to Use to Address the Top Issues Described in Section 4c VISION 2050 provides a framework for long-range transportation planning in the region. A safe and efficient transportation system is essential to the region’s quality of life and serves as the backbone of the economy. As the region continues to grow and the travel needs of people change over time, improving mobility will be a challenging task. The region is making historic investments in transit that include light rail, heavy rail, bus rapid transit, and ferries. Voters have approved measures authorizing $54 billion to build out the region’s light rail network, which will extend from Seattle to Everett, Tacoma, Redmond, and Issaquah. When complete, the region’s light rail system will be among the largest in the nation. In addition, 28 new or extended bus rapid transit lines are planned across all four counties through 2040. Passenger- only ferry routes are also expanding, with four routes currently operating as of 2019 and new routes being studied for the future. Further investment in commuter rail service is also occurring. The Regional Transportation Plan shows how the region intends to catch up and keep pace with expected growth. It identifies how the region’s transportation system will be sustained and improved to better connect residents with employment centers, educational opportunities, major military installations, and other destinations such as the region’s many recreational and cultural opportunities. It outlines unprecedented investments the region is making to improve highway, transit, rail, ferry, bicycle, and pedestrian systems to support the safe and efficient movement of people and goods. The plan describes how billions of dollars of federal, state, and local transportation funding will make improvements to the region’s highway system, local roads, freight mobility, bicycle and pedestrian accessibility, and transit options. Together, VISION 2050 and the Regional Transportation Plan serve to coordinate transportation planning and project implementation across jurisdictions and at the local level. Commute Trip Reduction Plan Page 7 Performance Targets 5. CTR Performance Targets a. Performance Targets that Reflect Only CTR-Affected Worksites Weighted average DAR of 15.5 percent below, or less, of the jurisdiction's census performance in 2019 for CTR-affected worksites at the jurisdictional level: Arlington: 70% DAR performance target 6. Base Values for Each Performance Target a. The Baseline Number Performance targets will be tied to the CTR survey. We will establish a base value during the 2023-2025 survey cycle and measure progress using 2025-2027 survey results. 7. Method Used to Determine the Base Value for Each Target a. The Source for Each Base Value Listed Performance targets will be tied to the CTR survey. We will establish a base value during the 2023-2025 survey cycle and measure progress using 2025-2027 survey results. 8. How Arlington Will Measure Progress Toward Each Target a. The Method Used to Measure Progress for Each Target Performance targets will be tied to the CTR survey. We will establish a base value during the 2023-2025 survey cycle and measure progress using 2025-2027 survey results. 9. CTR-Affected Worksites in Arlington a. List of CTR-Affected Worksites City of Arlington Cascade Valley Hospital Senior Aerospace WA State Department of Social and Health Services Amazon Fulfillment Center (potential) Commute Trip Reduction Plan Page 8 10. Performance Targets for Each CTR-Affected Worksite a. Performance Targets Established during the 2023–2025 Survey Cycle Performance targets will be tied to the CTR survey. We will establish a base value during the 2023-2025 survey cycle and measure progress using 2025-2027 survey results. 11. List the Base Value for Each Site a. Base Values Established during the 2023–2025 Survey Cycle A base value will be established during the 2023-2025 survey cycle. Commute Trip Reduction Plan Page 9 Services and Strategies 12. Services and Strategies Arlington Will Use to Achieve CTR Targets To help achieve the goals and targets of the CTR plan, Arlington revise the CTR ordinance to require affected employers to implement additional measures designed to increase the percentage of employees using some or all of the following modes: transit; vanpool; carpool; bicycle or walking; telework, compressed work week, or flexible work schedule; and other non- single occupant vehicle modes. The revised ordinance will require affected employers to choose at least five of the following measures including one from each category. Alternative measures may be submitted by the employer to Community Transit for review and approval. Commuting Support and Incentives • Subsidized or free transit passes for employees. • Pre-tax payroll deductions for transit or vanpool expenses. • Provision of subsidies for carpooling or vanpooling. • Incentives rewarding avoidance of single-occupancy commuting such as gift cards or a parking cash-out program. • Guaranteed ride home programs for emergencies. • Shuttle services from transit stations to the workplace. • Employer telework program. • Flexible or compressed workweek schedules. • Options for working at alternative sites closer to employees’ homes. • Incentives for walking or biking, such as gift cards or discounts on outdoor gear. • Rideshare matching events for vanpools and carpools. Information and Education • Commute options information and orientation for new hires. • Communication plan for sharing print and digital information on the employer’s CTR program. • Information on commute options and resources displayed in common areas at the workplace and/or available online or by mobile app. • Educational campaigns on the benefits of alternative commuting. • Outreach campaigns to promote walking or biking, such as a “bike to work” month. • Workshops or fairs promoting sustainable transportation options. • Personalized travel planning assistance for employees, which could include guidance on transportation benefits, planning routes, or finding rideshare partners. • Real-time transit information display at the workplace or in a centrally accessible location. Amenities and Infrastructure* Commute Trip Reduction Plan Page 10 *Worksites located next to other employers may wish to partner to provide shared commuting amenities and distribute costs and benefits more broadly. • Preferential parking for carpoolers and vanpoolers. • Amenities for bike commuters including secure bike storage, showers, or bike repair stations. • Onsite amenities like a cafeteria, fitness center, micro-market, or daycare to reduce off-site trips. • Provision and maintenance of electric vehicle charging stations. • Parking space for carshare vehicles or company-owned cars for employee use. 13. How City of Arlington’s Services and Strategies Will Support CTR- Affected Employers Community Transit Services and Strategies Through agreements with City of Arlington and the Washington State Department of Transportation (WSDOT), Community Transit is responsible for employer outreach, education and training, technical assistance, marketing incentives, program review, and administration of the employer data collection process. Community Transit acts as the liaison between City of Arlington and major affected employers and assists with preparation of CTR notification documentation and enforcement recommendations. Community Transit also manages and implements complimentary and mutually reinforcing transportation demand management programs, including partnerships with multifamily communities, youth focused partnerships with schools and youth-serving organizations, and field marketing at neighborhood events. Through long-term agreements with each CTR-affected jurisdiction and WSDOT, Community Transit works with CTR-affected and voluntary employers to develop and successfully implement CTR programs. This assistance includes: • Employee Transportation Coordinator (ETC) Development and Support - The ETC is an integral part of the trip reduction program. Their job duties should include coordination of annual fairs, conducting promotions, distributing information, notifying the City of Arlington about program changes, and the collection and reporting of data. Community Transit provides training courses, networking meetings, and other assistance to the ETC designed to help meet the requirements of the program and increase the success of this key person. • Program and Strategy Development – Community Transit provides consultation with employers to help worksites design and develop appropriate trip reduction strategies. Strategies may include carpool and vanpool programs, parking management, incentives programs, bicycling and walking programs, alternative work schedules, and telework programs. Commute Trip Reduction Plan Page 11 • Promotions – Community Transit works with employers to design and conduct promotions, on-site transportation fairs, and other special events to increase awareness and use of commute alternatives. Assistance includes design and provision of materials, promotional items, staffing information booths and on-site ride matching. • Incentives – Community Transit provides incentives to employees at affected worksite, such as the quarterly Smart Commuter Rewards program, to encourage the use of non- drive alone commute modes. • Guaranteed Ride Home – Through an agreement with the employer, Community Transit offers emergency transportation to employees who choose an alternative to driving alone. • Transit Pass Programs – Community Transit can work with employers to help identify appropriate ORCA Business Account programs for worksites. • Affordable Transportation Alternatives – Community Transit provides affordable transportation alternatives to single occupancy vehicle commuting. • Vanpool Services – Community Transit operates one of the largest vanpool programs in the nation. Vans are provided to groups of 5-15 commuters who pay a monthly fare based on travel distance and number of passengers. • Transit Services – Community Transit, Everett Transit and Sound Transit provide bus and commuter rail service within Snohomish County. Community Transit staff assists ETCs with identifying potential riders, planning individual trips and marketing specific routes. Transit schedules and on-site transit pass programs are also available. City of Arlington’s Services and Strategies • Key steps to reduce commute trips for CTR-affected employers include promoting more transit-oriented development for affordable housing, improving infrastructure around transit locations, and marketing around the time saving benefits of transit. • The City and their transit service providers should also coordinate with major employers to promote a shared understanding and coordination around CTR planning and service times. 14. Barriers City of Arlington Must Address to Achieve CTR Targets a. How City of Arlington Will Address the Barriers To achieve CTR targets, Arlington must address several barriers. In the online open house held April 18 - May 18, 2024, respondents living and working in Arlington indicated a heavy reliance on personal vehicles due to long commute times and inadequate transit routes. Respondents also shared that transit routes are limited, with slow services or inconvenient schedules cited as major issues. Safety concerns, such as high vehicle speeds and inadequate infrastructure for cyclists, were noted to hinder walking, biking, and public transit use. Respondents indicated that longer Commute Trip Reduction Plan Page 12 commute times deter them from choosing alternative transportation modes such as public transit. Respondents also noted limited employer support for flexible commuting methods like remote work or compressed work weeks. Snotrac shared a report during the CBO interviews: "Progress of Commute Trip Reduction Efforts in Snohomish County 2007-2022." The report identifies potential barriers to CTR: Size discrepancy: CTR worksites are by their nature larger than non-CTR sites. As a result, their facilities are more likely to be located on larger lots farther away from dense urban centers, surrounded by free parking. In addition, larger companies have yielded more political power to shape transportation infrastructure to their benefit, increasing roadway capacity to their facilities. As a result, it's only natural that workers at large companies would tend to drive more than workers at small companies. Insufficient accountability: Without any fear that jurisdictions will penalize employers for failure to comply with the CTR law, employers may be insufficiently motivated to conduct surveys, create CTR plans, and provide CTR programs and services to their employees. Suburban built environment: The land use patterns and transportation systems of Snohomish County favor driving to such a strong degree that CTR strategies are ineffective. Barriers: Transit service - Non-motorized access incomplete: Many of the CTR affected work sites, including in the regional growth center, have limited access for non-motorized modes due to gaps in the non-motorized infrastructure networks (sidewalks, trails, bikeways, safe crossings.) How addressing: The City of Arlington is updating the Comprehensive Plan and will include an update to the non-motorized infrastructure plan. The City of Arlington requires new industrial businesses to provide non-motorized connections to existing or proposed trails, streets, and other properties. High employee transportation coordinator turnover and lack of worksite support: Designation of an employee transportation coordinator is the responsibility of the CTR- affected employer. Often these duties are tacked onto a wholly unrelated job with no internal support. How addressing: The CTR transportation coordinator should be encouraged to set a side time to complete the CTR tasks and attention should be given to the importance of the CTR coordinator position. Employer and ETC Investment: Lack of major employer cooperation and investment in CTR worksite programs and lack of support for their appointed employee transportation coordinators is a frequent and universal CTR barrier. The employer and Commute Trip Reduction Plan Page 13 ETC are the backbone of CTR programs. But at many sites the ETC is not given the opportunity to succeed because of lack of time and resources. How addressing: The city will designate a CTR coordinator to collaborate proactively with Community Transit to identify and notify CTR affected worksites of requirements, and to determine that employers are demonstrating a good faith effort to achieve targets. As appropriate, the city will implement enforcement actions as outlined under ordinance. Additionally: The City will propose a commuter benefit ordinance requiring businesses with 20 or more employees to allow their employees the opportunity to make a monthly pre-tax payroll deduction for transit or vanpool expenses. Employers may instead offer a partially or wholly employer-paid transit pass to satisfy its obligations under this law. This encourages commuters to use transit or vanpool to reduce traffic congestion and carbon emissions. Because the deduction is pre-tax, the law has the added benefit of lowering costs for both workers and businesses. 15. The Transportation Demand Management Technologies City of Arlington Plans to Use to Deliver CTR Services and Strategies Rideshare Online: Employee transportation coordinators use the Rideshareonline.com platform to join and form carpools and vanpools, and for trip logging in support of non-drive alone incentives. WSDOT CTR survey tool: The CTR RideAmigos tool is used for data collection purposes including biennial CTR surveys and worksite program reports. 16. City of Arlington’s Local CTR Ordinance Please see Appendix E. The purpose of the ordinance is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in 2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other city requirements for compliance with the State Environmental Policy Act (SEPA). 17. City of Arlington’s Financial Plan a. The Estimated Average Annual Costs $15,650 is the WSDOT formula funding amount for the City of Arlington, allocated to Community Transit to administer the CTR program. City of Arlington staff time is included in the General Fund Budget for work related to CTR. Commute Trip Reduction Plan Page 14 Table: Estimated Average Annual Costs $5000 b. Likely Funding Sources, Public and Private, to Implement the Plan Table: Estimated Average Annual Revenue Source of Revenue Estimated Average Annual Revenue General Fund No designated revenue budget 18. City of Arlington’s Implementation Structure a. Who Will Conduct the Activities Listed in the Plan The City of Arlington has contracted with Community Transit to administer and implement this plan. b. Who Will Monitor Progress on the Plan City of Arlington Planner Information Officer The City of Arlington Public Information Officer is the CTR program coordinator for the City of Arlington. They will coordinate with Community Transit routinely on behalf of the City of Arlington. 19. City of Arlington’s Implementation Schedule a. Timeline for Anticipated Projects and Actions Commute Trip Reduction Plan Page 15 Project Name Start End Collaboration with Employees Sept 2024 No end date Commuter Benefit Ordinance January 2025 June 2025 Youth Outreach to Middle Schools June 2025 20. CTR Plan for City of Arlington Employees a. Services, Programs, Information, and Other Actions City of Arlington Put in Place to Help Employees Reduce Their Drive Alone Commute Trips • Access to free Orca Cards • Policy 220 Alternative Work Arrangements 21. How the CTR Plan for City of Arlington Employees Contributes to the Success of the Overall Plan a. How the Plan for City of Arlington Employees Reinforces the Success of the Jurisdiction Plan The City of Arlington employee participation adds to all the benefits of the goals of the plan, as a major employer we set the example for other employers in the jurisdiction. Commute Trip Reduction Plan Page 16 Alignment with Plans 22. Transit Agencies That Provide Service in City of Arlington Transit Agencies: • Community Transit • Homage Senior Services of Snohomish County • Snow Goose Transit 23. Transit Plans Reviewed While Developing this Plan Information Sources: • Community Transit 2023-2028 Transit Development Plan • Transit Changes in 2024 & Beyond (Community Transit) • Homage 2022 Annual Report • Sound Transit Development Plan 2023-2028 • Sound Transit’s System Performance Tracker 24. How This CTR Plan Supports the Transit Plan(s) • Promotes transportation systems that support and enhance the movement of people. • Preserve and extend the transportation systems in place and continually improve the quality, effectiveness and efficiency of the transportation system. • Enhance quality of life through energy conservation and protecting the environment. Prioritize sustainability by reducing greenhouse gases, with less cars on the road and decrease the need to build more roads. • Increasing ridership by providing more and better access to transit. Listen to residents’ needs and reflect needs in the transit plans. 25. Comprehensive Plan Updates Needed and When They Will Be Made The City of Arlington 2024 Comprehensive Plan update is scheduled for adoption in November 2024. This plan will show updated multi-modal Transportation plans throughout the city. The Public Works Department is responsible for placing improvement items on the Capital Improvement Project list. Commute Trip Reduction Plan Page 17 Engagement 26. City of Arlington’s Stakeholder Engagement Describe stakeholder engagement. Community Transit along with local jurisdictions organized a series of stakeholder engagement activities on CTR topics throughout the development of this CTR Plan. City of Arlington collaborated with Community Transit by promoting and participating in stakeholder engagement activities. CTR engagement activities included: • Online open house and surveys for two public comment periods: − CTR concepts public comment period (April 18 to May 18, 2024) − Draft CTR Plan public comment period (July 1 to July 31, 2024) • Tabling events • Community-based organization interviews • Transit agency interviews • CTR-affected employer workshops • Notifications and other digital distribution o City of Arlington weekly e-newsletter and Facebook page notifications a. Who did you talk to? Community Members Community Transit and Snohomish County-area jurisdictions reached out to community members through a two-phase online open house engagement period. The first phase conveyed information about commute trip reduction, the CTR plan update process, and invited visitors to participate in a survey. The second phase of the online open house sought feedback on jurisdiction’s draft CTR plans and allowed the visitor to select which plan they commented on based on the jurisdictions in which they live and/or work. During the first phase of the online open house, 2,137 people visited the open house website, and 144 responded to the survey. City of Arlington had 20 residents and 34 of workers respond to the survey. During the second phase of the open house, 908 visitors to the website reviewed draft CTR plans and 20 submitted comments. From July 1-July 31, 2024, Community Transit hosted Phase 2 of the online open house, posting jurisdictional draft plans and providing an opportunity for stakeholders and the public Commute Trip Reduction Plan Page 18 to review and provide comments. During Phase 2, the City of Arlington notified stakeholders of the Plan by direct communications, e-newsletters, and social media. Community Transit attended six community events around Snohomish County to discuss transit services and upcoming services changes, CTR initiatives, and to provide attendees an opportunity to comment on the jurisdictional draft CTR Plans. Tabling events included the following: • Arlington Farmers Market (engaged with 90 people) • Everett Public Library Drop-In (engaged with 43 people) • Marysville Farmers Market (engaged with 107 people) • Everett Farmers Market (engaged with 165 people) • Marysville Public Library Drop-In (engaged with 32 people) • Latino Educational Training Institute (LETI) Expo (160 people) Community-based organizations Community Transit interviewed representatives from a variety of community-based organizations in Snohomish County. Each community-based organization also received an engagement toolkit including social media posts and newsletter copy allowing them to easily engage community members in their networks with the CTR Plan update project. The community organizations interviewed as part of the CTR Plan update project include the following: • Hopelink • Community Health Centers • Snohomish County Transportation Coalition (Snotrac) • Homage • North Sound Bicycle Advocacy Group • BIKES Club / Sharing Wheels Community Bike Shop CTR-affected employers Community Transit hosted a virtual workshop May 14, 2024, for ETCs and management staff from CTR-affected businesses in Snohomish County to discuss the draft CTR plans, provide feedback on increasing local CTR ordinance requirements for employers, and to make suggestions for improving CTR programs. Community Transit also provided CTR-affected Commute Trip Reduction Plan Page 19 employers with information about the CTR online open house and survey in the CTR newsletter and provided related outreach materials for ETCs to share with their employees. Thirty-eight individuals representing 30 Snohomish county-area, CTR-affected employers attended a virtual workshop. Employers represented in the virtual workshop are listed in table below. Employer Workshop comments: City of Arlington: We have an annual on-site employee Well-Being Fair and are coordinating with Colton at Community Transit to attend. Arlington is a more difficult area for public transit. Most of our employees are coming from areas that require cars. Our company vehicles are mostly parked at the city, and used when the employees go out on business calls. Except for police. Skagit Regional Health/Cascade Valley Hospital: Bicycle parking would be feasible for hospitals. The bulk of our employees are in Skagit County (hospital in Snohomish County) - lots of CTR info won't apply. Alternative schedules won’t work for most hospital employees. Parking at the hospital is free but managed for employee/doctor vs. patient parking. We could maybe integrate signage for preferential parking spots. Nothing has really changed since we’re a hospital. DSHS: Hospitals have unique shifts that can’t be as flexible. We have a New ETC. Table: Employer Workshop Participation DSHS Arlington/ Unincorporated Snohomish County AGC Biologics Bothell GE Digital / Vernova Pfizer Bothell City of Edmonds Edmonds The Everett Clinic Marysville Commute Trip Reduction Plan Page 20 City of Monroe Monroe Canyon Creek Cabinet Company Monroe Natural Factors Monroe Korry Electronics Unincorporated Snohomish County Transit Agency Interviews Community Transit and MFA interviewed transit agencies to help inform the CTR plans and invite feedback on the drafts. The interview questions related to the Alignment with Plans section of the CTR Plan (#22-25) and #1c, “whether and how commuting patterns have changed in the past few years.” Transit agencies also received email invitations to comment on the draft CTR plans. The transit agencies interviewed include the following: • Snow Goose Transit • Community Transit • Everett Transit • Homage • King County Metro • Sound Transit b. When did you talk to them? Community members engagement activities • Online open house and survey: April 18-May 18, 2024 • Online open house and draft plan public comment period: July 1-31, 2024. Community events • Arlington Farmers Market: July 13, 2024 • Everett Public Library Drop-In: July 15, 2024 • Marysville Farmers Market: July 19, 2024 • Everett Farmers Market: July 21, 2024 Commute Trip Reduction Plan Page 21 • Marysville Public Library Drop-In: July 24, 2024 • LETI Expo: July 27, 2024 Community-based organization interviews • Hopelink: April 23, 2024 • Community Health Centers: April 25, 2024 • Snotrac: May 1, 2024 • Homage: May 8, 2024 • North Sound Bicycle Advocacy Group: May 14, 2024 • BIKES Club and Sharing Wheels Community Bike Shop: May 14, 2024 CTR-affected employer workshops • Employer workshop: May 14, 2024 Additionally, Community Transit reached out to CTR-affected employers to provide information and outreach materials: − CTR newsletter article (April Issue) about Phase 1 of the online open house and survey: April 2, 2024 − Email with outreach materials reminding ETCs to share the Phase 1 online open house and survey: April 24, 2024 − CTR newsletter article (July Issue) about Phase 2 of the online open house and survey: July 2, 2024 − Email with outreach materials encouraging ETS to share Phase 2 of the online open house and draft CTR plans: July 11 and July 19, 2024 Transit agencies interviews • Email and phone interviews: April 2024 • Invitation to provide draft plan comments: July 2024 c. What did they have to say? Community Members Visitors to the online open house who completed surveys, noted the following: • Transportation Modes/Work from Home: By far, the most common transportation mode mentioned is driving alone in a car, followed by riding the bus, and working from home. A few respondents mentioned bicycling or walking, carpooling/vanpooling, or working a compressed schedule. Commute Trip Reduction Plan Page 22 • Commute patterns: Nearly every respondent mentioned that increased traffic, especially on area highways, was a noticeable change. A few mentioned that shifts in jobs and lack of employer support for work-from-home options required them to change their commute. • Convenience of single-occupancy vehicle trips: Nearly every survey participant affirmed that it would be difficult to get around without a personal vehicle because of long commute times, transit stops that are not convenient to their home or workplace, transit routes that require too many transfers, and transit commute times that are up to three times longer than single-occupancy vehicle commutes. • Safety Concerns: Most cited safety concerns as reasons they do not choose to take transit or other alternative transportation modes. Respondents noted high vehicle speeds and the lack of sidewalks and bike lanes deter them from walking or biking as part of their commute. Some respondents fear crime where transit stops lack amenities like lighting. • Benefits of CTR: Respondents commonly recognized that CTR programs have the potential to reduce traffic congestion, improve road safety, reduce traffic noise, and improve air quality. • Suggestions: Many respondents indicated a desire for more frequent transit services, more convenient transit stop locations, infrastructure improvements for biking and walking safety, and flexible work schedules that allow employees the option to work from home. • Arlington responses: Respondents predominantly live and work in Arlington, with commute modes mostly consisting of driving alone, working from home, or occasionally biking or walking. Challenges to mobility include personal vehicle dependence, inadequate transit options, safety concerns, long commute times, and limited employer support for alternative commuting methods. Changes in commuting patterns include increased traffic congestion, job and location changes leading to longer commutes, and reliance on personal vehicles. Benefits of commute trip reduction include decreased traffic congestion, improved air quality, and enhanced road safety. Visitors to the second phase of the online open house had an opportunity to review the draft CTR plans. Comments received on City of Arlington’s draft CTR plan include the following: -Disability that impacts activities (Driving a car) Visitors to community events (listed in #26a above) engaged with Community Transit staff about CTR and other public transit-related topics. The feedback received related to CTR falls under three major themes: service area, service times, and barriers. Key feedback includes the following: • Service Area − Several visitors asked when the light rail would reach Everett. − Several visitors expressed their enthusiasm for the opening of a new light rail line. − A visitor requested bus routes near the Hibulb Cultural Center and casinos in Everett. Commute Trip Reduction Plan Page 23 − A visitor asked for bus service in Marysville on 67th Street. − A visitor said they would love to see frequent commuter times and routes that connect to Arlington Business Center. − A visitor asked about nearby bus routes that pass by the Everett Farmers Market. − A visitor commented they were excited about Route 106 having weekend service so DART would be back in that area. − A couple visitors did not know the light rail would have a stop in Shoreline. − A visitor requested bus service from 67th to 100th street to connect to Cascade High School. − A visitor identified a need for bus stops near Arlington High School. − A visitor asked if buses can go directly to the new Everett Stadium in the future. − A visitor mentioned how they would like bus service at an additional exit in Arlington to Island Crossing and downtown Arlington. • Service Times − A visitor shared they don’t ride transit from Marysville through Everett to Lynnwood in the morning as the buses don’t pass frequently enough. − A few visitors commented that they look forward to increased service frequency in Snohomish County after service changes will be implemented in September 2024. • Barriers to Commute Trip Reduction − A few visitors noted they don’t use transit because they have a car. − A visitor expressed concern about safety on buses and the drug usage on them. − Several visitors needed trip planning information. Some asked how to get to certain destinations and one inquired if there are parking fees at park and rides. − Several visitors asked about where to obtain free ORCA cards. Community-based organizations Community-based organizations noted the following: • Limited transit service area: Many interviewees identified the barrier of limited transit service in most of Snohomish County. Transportation service providers such as Homage and Hopelink shared that their organizations are flooded by demand and can only offer highly essential trips, such as getting to work and accessing medical services. Other commonly needed trips, such as going to the grocery store, accessing childcare, or going to the park, do not qualify for these transportation services. • Limited service hours: Multiple interviewees shared that even when transit is available in their area, it may not be an option for employees with nontraditional hours, such as those Commute Trip Reduction Plan Page 24 working in healthcare. This could be due to gaps in service during non-peak hours or employees’ feeling of safety using public transit during darker hours. Multiple people shared that offering shuttles or Dial-a-Ride Transportation (DART) were helpful measures to bridge these gaps. • Time and flexibility: Saving time and the ability to make multiple stops are important considerations when choosing travel modes. Families who need to make multiple stops on their way to work for school or childcare may find ride sharing or taking transit more challenging. Multiple interviewees shared that effectively marketing the time savings of riding in the carpool lane and other perks of non-drive-alone modes could help address this. People who need to get to medical appointments are more likely to choose door-to- door service offered through DART or other services, because this provides a simpler solution, although the pickup services are not consistently on time. • ADA Services: Interviewees acknowledged that ADA-compliant pickups must be offered with any fixed route and that demand for fixed-route service may not be as high in rural locations. They suggested that jurisdictions might direct more resources to organizations such as Homage or Hopelink to provide additional pickup services in areas where fixed- route public transit may not be a practical option. This could provide cost savings in addition to significant community benefits. • Land Use Planning: The importance of affordable, transit-accessible housing was reiterated by many. Multiple interviewees shared that workers are commuting very long distances that are often outside the reach of transit, because it’s too expensive to live closer to where they work. This creates barriers that can limit people from accessing employment if they would need a car to get to and from work or prevent them from using transit if the commute is too long. Multiple interviewees shared that affordable housing along transit corridors should be a high priority for jurisdictions, and that housing should be considered alongside transportation planning and not as two separate issues. • Criminal Activity: Many cited fears of criminal activity on public transit as a deterrent to taking public transit. Even if the risk of crime is relatively low, perceptions of safety can be very negative. Installing lighting and other security measures as well as holding discussions on safety concerns can help address some of these barriers. • Amenities and Infrastructure: Additional barriers to transit include the lack of safe, accessible sidewalks (particularly for riders who rely on mobility devices) and well-lit, sheltered bus stops. Many areas lack sheltered bus stops or adequate sidewalk space, particularly in more rural areas that are outside the main transit corridors. Devoting resources to increasing and improving these structures could go a long way in encouraging greater ridership. • Outreach and Education: Multiple interviewees shared that enhanced education and marketing could encourage more workers to try alternatives to single-occupancy vehicles for their commute trips. Interviewees noted that employees and community members in general may have limited awareness of the programs and benefits available to them. Transit agencies and local jurisdictions could address this by working to increase awareness Commute Trip Reduction Plan Page 25 of transit routes, vanpool options, reduced-fare programs, and convenience of the multimodal ORCA transit card. Housing developments, shopping centers, and healthcare waiting rooms, as well as transit agencies and jurisdictions, could all promote these available options for employees and for the broader community. Transit agencies interviews Transit agencies interviewees discussed recent changes in commute patterns and noted planned service expansions. • Changes in commute patterns: Community Transit, Everett Transit, King County Metro, Sound Transit indicated that post-pandemic ridership numbers are rising but have not returned to pre-pandemic levels. Everett Transit noted that they are at 82 percent of their pre-pandemic ridership levels and that peak commute hour trips are still below pre- pandemic levels. King County Metro indicated that peak-only routes (routes that only run during peak commuting hours) continue to underperform and thus, they are prioritizing increasing service on all-day and all-week routes. Sound Transit indicated that service levels have bounced back from the pandemic faster on light rail, commuter rail, and express buses. • Service expansions: Sound Transit and Community Transit indicated that there is a planned light rail service extension to Lynnwood Center and bus service expansion along the light rail line. In response to recent community surveys, Community Transit is planning to increase mid-day, evening and weekend service and direct resources toward providing more local routes and enhancing access to the light rail for regional travel. CTR-affected employers Employers noted the following: • Local CTR ordinances: Employers noted that providing CTR information and worksite amenities is easier than offering transit pass subsidies and incentives, increasing vanpool and transit services, and facilitating parking management programs. • Smaller employers noted that offering vanpool vehicles, onsite daycare, and other services is more difficult given their smaller size. • Making information about commuting options and resources accessible and easy to find is key. • Not everyone knows about the pre-tax CTR incentive, so it is not always offered or well marketed. • Parking benefits have room for exploration; managing programs and monitoring parking spaces are the biggest barriers. Challenges to parking management include the sunk costs of parking spaces and employee expectations of "convenient" parking. Commute Trip Reduction Plan Page 26 • Incentives and promotions are preferable to deterrents, such as charging for parking that was previously free. How did what they said influence the plan? City of Arlington plans to revise the CTR ordinance as detailed in Section #12 above to require affected employers to implement a choice of measures to increase the percentage of employees using commuting alternatives to driving alone. The list of pre-approved implementation measures relates to feedback received from employers, community members, and community-based organizations on barriers to using commute trip options other than driving alone. Examples of this include: • Providing free or discounted ORCA cards (suggested by community members) • Improving outreach and education about reducing drive-alone trips (suggested by employers, community-based organizations) • Providing bicycle storage and amenities onsite (suggested by employers) • Encouraging pre-tax deductions for commuting options to driving alone (suggested by employers) • Providing trip planning support for using alternative commute options (suggested by community members) City of Arlington also plans to continue partnering with Community Transit to support CTR- Affected employers by providing ETC training, commute trip reduction outreach and incentives, discounted ORCA pass programs, and trip planning support as detailed in Section #13 above. The City of Arlington is excited that Community Transit is introducing innovative services, such as the Zip Car (on-demand micro transit) in Arlington, this is an option for people who use transit. The City of Arlington is developing an update the City’s Comprehensive Plan that will address pedestrian and bicycle transportation infrastructure. 27. Describe vulnerable populations considered. As part of a concerted effort to ensure the interests of vulnerable and highly impacted communities were represented in each jurisdiction’s draft CTR Plan, Community Transit Commute Trip Reduction Plan Page 27 engaged representatives from a variety of community-based organizations in Snohomish County that serve vulnerable populations including people who are low-income, disabled, unhoused, or speak English as a second language, as well as youth and the elderly. Additionally, several of the community events that Community Transit tabled at were held at libraries that serve vulnerable populations. Community Transit also provided an information table at the Latino Educational Training Institute (LETI) Expo at Edmonds College. In addition, these events created opportunities to meet people where they are at, removing barriers to participation. 28. Describe engagement focused on vulnerable populations. a. Who did you talk to? • Hopelink: serves homeless and low-income families, children, seniors, and people with disabilities in King and Snohomish counties by providing a network of critical social services through programs for housing, transportation, family development, financial assistance, employment programs, adult education, financial literacy training, and five food banks. • Community Health Centers: a nonprofit provider which offers affordable primary healthcare services, including medical, medical walk-in, dental, physical therapy, and pharmacy. • Snohomish County Transportation Coalition (Snotrac): advocates for improvement in transportation service and solutions for people in Snohomish County with specialized transportation needs through community engagement, coordination of resources, and strategic partnerships. • Homage: The largest provider of services for older adults and people with disabilities in Snohomish County, with programs in food and nutrition, health and wellness, home repair, social services, and transportation. • North Sound Bicycle Advocacy Group: works with local jurisdictions and transportation departments to raise safety awareness for cyclists and pedestrians and find workable solutions related to intermodal transportation, public safety, clean air, and quality of life for local communities. • Sharing Wheels Community Bike Shop: is a nonprofit bike shop located in Everett providing refurbished, used bicycles to thousands of adults and children as well as offering programs and resources for bike repair and upkeep. • BIKES Club: is a recreational club which hosts rides and events year-round, in addition to advocating and fundraising for bike-related grants. Community Transit also provided information tables at community events held at the Marysville Library, Everett Library, and the Latino Expo (LETI) at Edmonds College. Commute Trip Reduction Plan Page 28 b. When did you talk to them? Community-based organizations • Hopelink: April 23, 2024 • Community Health Centers: April 25, 2024 • Snotrac: May 1, 2024 • Homage: May 8, 2024 • North Sound Bicycle Advocacy Group: May 14, 2024 • BIKES Club and Sharing Wheels Community Bike Shop: May 14, 2024 Community events • Everett Public Library Drop-In: July 15, 2024 • Marysville Public Library Drop-In: July 24, 2024 • LETI Expo: July 27, 2024 c. What did they have to say? Community-based organizations Community-based organizations serving vulnerable populations noted the following: • Limited transit service area: Many interviewees identified the barrier of limited transit service in most of Snohomish County. Transportation service providers such as Homage and Hopelink shared that their organizations are flooded by demand and can only offer highly essential trips, such as getting to work and accessing medical services. Other commonly needed trips, such as going to the grocery store, accessing childcare, or going to the park, do not qualify for these transportation services. • Limited service hours: Multiple interviewees shared that even when transit is available in their area, it may not be an option for employees with nontraditional hours, such as those working in healthcare. This could be due to gaps in service during non-peak hours or employees’ feeling of safety using public transit during darker hours. Multiple people shared that offering shuttles or Dial-a-Ride Transportation (DART) were helpful measures to bridge these gaps. • Time and flexibility: Saving time and the ability to make multiple stops are important considerations when choosing travel modes. Families who need to make multiple stops on their way to work for school or childcare may find ride sharing or taking transit more challenging. Multiple interviewees shared that effectively marketing the time savings of riding in the carpool lane and other perks of non-drive-alone modes could help address this. People who need to get to medical appointments are more likely to choose door-to- Commute Trip Reduction Plan Page 29 door service offered through DART or other services, because this provides a simpler solution, although the pickup services are not consistently on time. • ADA Services: Interviewees acknowledged that ADA-compliant pickups must be offered with any fixed route and that demand for fixed-route service may not be as high in rural locations. They suggested that jurisdictions might direct more resources to organizations such as Homage or Hopelink to provide additional pickup services in areas where fixed- route public transit may not be a practical option. This could provide cost savings in addition to significant community benefits. • Land Use Planning: The importance of affordable, transit-accessible housing was reiterated by many. Multiple interviewees shared that workers are commuting very long distances that are often outside the reach of transit, because it’s too expensive to live closer to where they work. This creates barriers that can limit people from accessing employment if they would need a car to get to and from work or prevent them from using transit if the commute is too long. Multiple interviewees shared that affordable housing along transit corridors should be a high priority for jurisdictions, and that housing should be considered alongside transportation planning and not as two separate issues. • Criminal Activity: Many cited fears of criminal activity on public transit as a deterrent to taking public transit. Even if the risk of crime is relatively low, perceptions of safety can be very negative. Installing lighting and other security measures as well as holding discussions on safety concerns can help address some of these barriers. • Amenities and Infrastructure: Additional barriers to transit include the lack of safe, accessible sidewalks (particularly for riders who rely on mobility devices) and well-lit, sheltered bus stops. Many areas lack sheltered bus stops or adequate sidewalk space, particularly in more rural areas that are outside the main transit corridors. Devoting resources to increasing and improving these structures could go a long way in encouraging greater ridership. • Outreach and Education: Multiple interviewees shared that enhanced education and marketing could encourage more workers to try alternatives to single-occupancy vehicles for their commute trips. Interviewees noted that employees and community members in general may have limited awareness of the programs and benefits available to them. Transit agencies and local jurisdictions could address this by working to increase awareness of transit routes, vanpool options, reduced-fare programs, and convenience of the multimodal ORCA transit card. Housing developments, shopping centers, and healthcare waiting rooms, as well as transit agencies and jurisdictions, could all promote these available options for employees and for the broader community. Visitors to community events (listed in #26a above) engaged with Community Transit staff about CTR and other public transit-related topics. The feedback received related to CTR falls under three major themes: service area, service times, and barriers. Key feedback includes the following: • Service Area Commute Trip Reduction Plan Page 30 −Several visitors asked when the light rail would reach Everett. −Several visitors expressed their enthusiasm for the opening of a new light rail line. −A visitor requested bus routes near the Hibulb Cultural Center and casinos in Everett. −A visitor asked for bus service in Marysville on 67th Street. −Would love to see frequent commuter times and routes that connect to Arlington Business Center. −A visitor asked about nearby bus routes that pass by the Everett Farmers Market. −A visitor commented they were excited about Route 106 having weekend service so DART would be back in that area. −A couple visitors did not know the light rail would have a stop in Shoreline. −A visitor requested bus service from 67th to 100th street to connect to Cascade High School. −A visitor identified a need for bus stops near Arlington High School. −A visitor asked if buses can go directly to the new Everett Stadium in the future. −A visitor mentioned how they would like bus service at an additional exit in Arlington to Island Crossing and downtown Arlington. •Service Times −A visitor shared they don’t ride transit from Marysville through Everett to Lynnwood in the morning as the buses don’t pass frequently enough. −A few visitors commented that they look forward to increased service frequency in Snohomish County after service changes will be implemented in September, 2024. •Barriers to Commute Trip Reduction −A few visitors noted they don’t use transit because they have a car. −A visitor expressed concern about safety on buses and the drug usage on them. −Several visitors needed trip planning information. Some asked how to get to certain destinations and one inquired if there are parking fees at park and rides. −Several visitors asked about where to obtain free ORCA cards. d.How did what they said influence the plan? What they said influenced and re-enforced the city’s plans for multi-model transportation options and support for future Community Transit Swift Gold Line Bus Rapid Transit (BRT). Commute Trip Reduction Plan Page 31 City of Arlington plans to continue partnering with Community Transit to support CTR-Affected employers by providing ETC training, commute trip reduction outreach and incentives, discounted ORCA pass programs, and trip planning support as detailed in Section #13 above. A few examples of comments received that are incorporated into the plan are: •Providing free or discounted ORCA cards (suggested by community members) •Improving outreach and education about reducing drive-alone trips (suggested by community-based organizations) •Providing trip planning support for using alternative commute options (suggested by community members) 29.List employers’ suggestions to make CTR more effective. Employers made the following suggestions during the Employer Workshop: •Make information about commuting options and resources easier to find. Use newsletters and other forms of engagement sent directly to employees along with campaign posters and bulletin board notices. •Increase awareness about pre-tax transit passes. •Offer resources for managing parking programs and parking benefits. •Focus on incentives for commute trip reductions rather than deterrents like charging for parking. •Hold yearly wellness fairs featuring commute trip reduction options. •Provide vanpool programs for employee work trips during the day. •Implement parking programs aimed to reduce parking tension with surrounding neighborhoods. •Offer internal shuttles for campuses and businesses with multiple locations. •Improve safety and reduce crime around transit stops. •Focus on “last mile” connections where transit stops are not convenient to the business’ location. •Provide more grant funding and incentives for employers’ CTR programs. •Help widely promote CTR programs and options. •Increase bus routes, service hours, and public transportation options. Commute Trip Reduction Plan Page 32 30.Describe results of engagement focused on vulnerable populations that will be provided for use in comprehensive plan and transit plan updates. In addition, comments and suggestions from vulnerable populations and other groups will be considered as part of Community Transit’s future transit planning processes. Community Transit is currently implementing its Transit Changes in 2024 and Beyond service plan. Many suggestions about increased frequency and new service areas will be implemented as part of the service plan update process which will continue through 2026. Community Transit makes changes to bus service up to four times per year. When considering changes, the Planning team considers many factors including input from the public. The City of Arlington has included multiple goals, policies, and capital improvement projects in the 2024 Comprehensive Plan Update that address comments that derived from the public engagement for the CTR Plan. •Community Transit Swift Gold Line Bus Rapid Transit (BRT). This service will dramatically improve transit service for Arlington, Marysville, and Everett. Swift BRT service offers shorter wait times between buses, faster and more reliable service, and connections to congestion-free Link light rail at Lynnwood, and in the future Everett. The fifteen-mile Swift Gold Line will provide fast, frequent service between Everett, Marysville, and Arlington, connecting to Community Transit’s Swift Blue Line and Sound Transit’s regional Sounder commuter rail service at Everett Station. The Swift Gold Line is currently in the project scoping study phase, with construction planned for 2027- 2029 and service launch in 2029. Source: Swift Gold Line | Community Transit •The city plans the continuation of the of the Community Transit Pilot program that will bring Micro-Transit to the city beginning in 2025. Micro-Transit is a way to get residents to and from the Swift Gold Line BRT. •Transit Oriented Development (TOD) in the Commercial Corridor zoning of the Smokey Point subarea to align with the completion of the Swift Gold Line BRT. •Development of an Affordable Housing Program for the overall city and will include the TOD of the Smokey Point subarea. The Affordable Housing Program work will begin in 2025. Commute Trip Reduction Plan Page 33 The city will continue to develop multi-modal modes of transportation, develop trail systems, and explore first/last mile options for all residents within the city. Regional Transportation Planning Organization CTR Plan Review City of Arlington provided the 2025-2029 CTR Plan to Puget Sound Regional Council (PSRC) for review on (future date) PSRC Comments: Appendices APPENDIX A: Program Participants City of Arlington, 238 N Olympic Avenue, Arlington, WA Cascade Valley Hospital, 330 South Stillaguamish Avenue, Arlington, WA Senior Aerospace, 20100 71st Avenue NE, Arlington, WA WA State Department of Social and Health Services, 3704 172nd Street NE, Arlington, WA Potential Participants: Amazon Fulfillment Center, 4620 172nd Street NE, Arlington, WA 98223 Coca Cola Swire, 18215 59th Avenue NE, Arlington, WA 98223 Process Solutions, 17212 51st Avenue NE, Arlington, WA, 98223 APPENDIX B: COMPREHENSIVE PLAN POLICIES THAT SUPPORT CTR Supportive comprehensive plan goals and policies in the City of Arlington Comprehensive Plan. City of Arlington 2024 Comprehensive Plan Goals and Policies Book 1: Environment Mitigate climate impact by reducing greenhouse gas emissions and prepare for climate change impacts. gas emissions in support of state, regional, and local emissions reduction goals, including targets adopted by the Puget Sound Clean Air Agency. Book 2: Land Use Provide unique places and context for the growth of social capital and community resiliency. LU-1 Encourage development patterns that provide safe and welcoming environments for walking and biking. outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. residents and workers. jurisdictions. natural systems, land use patterns, and transportation and infrastructure systems, in community planning, development, and design. corridors and multiple locations for neighborhood serving businesses. enhancement of existing spaces to create urban centers. environmentally contaminated lands, to higher density mixed-use areas to enhance and complement the development of neighborhood centers. Encourage the development of neighborhood centers throughout the city, including transit station areas. development that can be supported by transit. order to maximize transportation choices, minimize vehicle miles traveled, optimize the use of existing and planned transportation systems and capital facilities, and improve the jobs- housing balance. that joint- and mixed-use developments are designed to promote and improve physical, mental, and social health, and reduce the impacts of climate change on the natural and built environments. address and improve healthy lifestyle options within the city. high-capacity transit stations areas to provide flexibility and accommodate a broader range of project types and land uses. Book 3: Housing Provide housing options affordable to all demographics and incomes in all areas and zoning districts of the City. throughout the City, inclusive of a variety of housing types, and located near amenities, such as commercial and employment areas, education centers, public services, transportation facilities, existing planned residential communities, and recreational opportunities. who have special needs (disabled, people with medical conditions, homeless individuals and families, and displaced people). and thoughtfully located throughout the City (in close proximity to hospitals, public transportation, retail/service centers, medical facilities, parks, and other essential services). varying income levels can live and interact. vibrant and diverse environment. Incentivize affordable multi-family, single family, and workforce housing near transportation and employment centers. transportation facilities, public services, schools, and park and recreation areas. commercial areas. Development (TOD)_sites to guide sustainable and equitable development patterns that incorporate affordable housing production and public benefit. growth occurs. Book 4: Economic Development Support a range of employment options at different income levels and a variety of amenities are available throughout the city. to live and work in Arlington. use policies and plans, and the Regional Growth Strategy, to support economic development that is compatible citywide. development. transportation, or other needs required to maintain business operation. to adequately serve residents and the region. areas in order to provide adequate parking. Reduce additional vehicle trips, provide multi- modal transportation options, and encourage pedestrian activity in commercial hubs. connections to the various commercial centers throughout the city. transportation connections between residential areas and the commercial and manufacturing /industrial centers in the city. Support economic development activities that enhance the quality of life for Arlington residents. residents. Book 5: Parks and Recreation Ensure the equity and availability of potential funding streams to provide transportation improvements consistent with the Capital Improvement Plan in prioritizing and financing. Prioritize programs and projects that provide access to opportunities while preventing or mitigating negative impacts to people of color, people with low incomes, and people with special transportation needs. Arlington and connects to regional trails, parks, recreation facilities, and open spaces. transportation and so they provide opportunities for recreation and education. Book 6: Transportation Ensure capital facilities and utilities achieve efficient delivery of services, support equitable distribution of services, minimize environmental impacts, and maximize value for the community. with national, state, regional, and local policies and standards. businesses providing jobs, goods, and service. industries and skilled workers continue to be retained and attracted to Arlington transit facilities that will lead to savings of nonrenewable energy sources and reduce vehicle miles traveled. pedestrians along streets and highways through constructing sidewalks and other footpath systems as well as bicycle paths. athletic fields/parks near the airport. Trails, with neighboring jurisdictions to connect routes, where possible. Continue to coordinate with agencies and neighboring jurisdictions involved with public transportation to identify what works best for the City and participate in those ventures and proposals that benefit Arlington. transportation and land use strategies that encourage the use of public transportation. established pedestrian and bicycle network in the Arlington Complete Streets Plan. walkable city. alternate modes of transportation, such as showers/dressing rooms, lockers, and secure bike parking. through the permitting process. incentives if carpools are used. and mobility for active transportation users transport options, including public transportation, active modes such as walking and cycling, ride/car/bike-sharing, ride-share service, etc. movement of people, goods, and services within the City and between the community and other activity centers in the region. for all residents and visitors to the City, including accessibility improvements to existing facilities as well as improvements to the service growth areas. vehicle trips and distribute vehicle trips along appropriate corridors. making activities. include safe and appropriate facilities for pedestrians, bicyclists, transit users accommodating persons of all ages and abilities. Maintain a safe, convenient, and efficient multi-modal transportation system for people and freight that allows freight to support the continued growth in goods movement and the growing needs of global trade and state, regional and local distribution of goods and services. patterns for people and goods, and encourage partnerships with the private sector, where applicable. preserve options for alternative transit corridors, such as commuter rail, and consider co- existing uses, such as freight rail, nonmotorized transportation, and recreational activities. Regional Growth Strategy. supporting existing and planned development consistent with future growth strategy. system with adjacent and regional jurisdictions and agencies. facilities within and adjacent to the UGA. safety. preserve the character of neighborhoods and provide safe alternative modes of travel. annexation of unincorporated Urban Growth Areas. of the Comprehensive Plan with transportation centers within the City to support and encourage the use of public transit. length of trips by single-occupancy vehicles. health. commercial and residential areas and regional traits. Arlington and connects to regional trails. Multi-County Planning Policies – Vision 2050 Regional Collaboration Policies Give funding priority – both for transportation infrastructure and for economic development – to support designated regional growth centers and manufacturing/industrial centers, consistent with the regional vision. Regional funds are prioritized to regional centers. centers, high-capacity transit areas with a station area plan, and other local centers. County-level and local funding are also appropriate to prioritize to regional centers. and services that explicitly advance the development of housing in designated regional growth centers. Give additional priority to projects and services that advance and support new and existing affordable housing that includes low- and very low-income residents. Regional Growth Strategy Policies Attract 65% of the region’s residential growth and 75% of the region’s employment growth to the regional growth centers and high-capacity transit station areas to realize the multiple public benefits of compact growth around high-capacity transit investments. As jurisdictions plan for growth targets, focus development near high-capacity transit to achieve the regional goal. RGS Environment Policies Maintain and, where possible, improve air and water quality, soils, and natural systems to ensure the health and well-being of people, animals, and plants. Reduce the impacts of transportation on air and water quality, and climate change. facilities, and other sources. affected by noise, air pollution, or other environmental impacts. the use of cleaner fuels and vehicles and increasing alternatives to driving alone, as well as design and land use. greenhouse gases. Climate Change Policies Advance the adoption and implementation of actions that substantially reduce greenhouse gas emissions in support of state, regional, and local emissions reduction goals, including targets adopted by the Puget Sound Clean Air Agency sources, electrifying the transportation system, and reducing vehicle miles traveled by increasing alternatives to driving alone. countywide planning policies and local comprehensive plans. gas emissions reduction goals, such as by reducing vehicle miles traveled. Development Patterns Policies Develop high-quality, compact urban communities throughout the region’s urban growth area that impart a sense of place, preserve local character, provide for mixed uses, and choices of housing types, and encourage walking, bicycling, and transit use. network to accommodate walking, bicycling, and transit use, and sufficient public spaces. bicycling. station areas that are expected to attract significant new population or employment growth. transit station areas and countywide and local centers. options in concurrency programs – both in assessment and mitigation. that can be supported by transit. Housing Policies Expand the supply and range of housing at densities to maximize the benefits of transit investments, including affordable units, in growth centers and station areas throughout the region. walking distance to transit by implementing zoning, regulations, and incentives. Transportation Policies Maintain and operate transportation systems that provide safe, efficient, and reliable movement of people, goods, and services. human health. Transportation Plan to support the Regional Growth Strategy. Coordinate WSDOT, regional, and local transportation agencies, in collaboration with the state legislature, to build the multimodal system. move goods, services, and people consistent with the Regional Growth Strategy. Focus on investments that produce the greatest net benefits to people and minimize the environmental impacts of transportation. while preventing or mitigating negative impacts to people of color, people of low incomes, and people with special transportation needs. with disabilities, seniors, youth, and people with low incomes. occupancy vehicle travel and increase travel options, especially to and within centers and along corridors connecting centers. driving along, especially to and within centers and along corridors connecting centers, by ensuring availability of reliable and competitive transit options. one mode or technology to another. that support compact, pedestrian- and transit-oriented densities and development. walking, bicycling, and transit use to enhance communities, connectivity, and physical activity. transportation by providing facilities and navigable connections. centers and high-capacity transit station areas. Design transportation facilities to fit within the context of the built or natural environments in which they are located. communities with a sustainable and efficient transportation system. APPENDIX C: MAPS City of Arlington Zoning Map Place Types Map Highland Drive Sidewalk Project Map 204th Street Trail Segment Map 74th Avenue Trail Map 169th 180th Appendix D Arlington Municipal Code Chapter 10.80 COMMUTE TRIP REDUCTION 10.80.010 Title. The ordinance codified in this chapter shall be known as the "commute trip reduction ordinance of City of Arlington". (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.020 Jurisdiction. The requirements set forth in this chapter shall apply to all major employers at any single worksite within the incorporated area. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.030 Purpose. The purpose of this chapter is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in 2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other city requirements for compliance with the State Environmental Policy Act (SEPA). (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.040 Administration. The city administrator or designee shall have the duty and responsibility to administer the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.050 Definitions. "Affected employee" means a full-time employee who begins their regular work day at a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months. For the purpose of defining affected employees the following apply: (1) A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week. (2) The employee will only be counted at his or her primary worksite. (3) Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. "Affected urban growth area" means: (1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and (2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or (3) An urban growth area identified by the Washington State Department of Transportation as listed in WAC 468-63-020(2)(b). "Alternative mode" means any means of commute transportation other than that in which the drive- alone motor vehicle is the dominant mode, including teleworking and compressed work weeks if they result in reducing commute trips. "Alternative work schedules" means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday eight a.m. to five p.m. schedule. Programs such as compressed work weeks that eliminate work days for affected employees are an example. "Baseline data collection" means the collection of employee trip data at a major worksite to determine the non-drive alone trips per employee at the worksite. The jurisdiction uses these measurements to develop commute trip reduction targets for the major employer. The baseline measurements must be implemented in a manner that meets the requirements and timeframe specified by the city. "Carpool" means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. "City" means the city of Arlington. "Commute trip" means trips made from a worker's home to a worksite during the peak time of six a.m. to nine a.m. (inclusive) on weekdays. "Commuter matching service" means a system that assists in matching commuters for the purpose of commuting together, such as RideshareOnline.com. "Compressed work week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may also include other arrangements. "CTR law" means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and codified in RCW 70.94.521 through 70.94.551 requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas. Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area. "CTR plan" means the city plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction. "CTR program" means an employer's strategies to increase affected employees' non-drive alone trips. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs workers. "ETC" means employer transportation coordinator as required pursuant to RCW 70.94.531(3). "Flex-time" means an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. "Full-time employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week on two or more weekdays per week. "Goals" means the established criteria for measuring effectiveness of employer programs as outlined in the city's CTR plan. "Good faith effort" means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555, this chapter and the CTR plan as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives for non-drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. "Major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time affected employees at a single worksite who begin their regular workday between six a.m. and nine a.m. on at least two weekdays each week for at least twelve continuous months. "Major worksite" or "worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time affected employees. "Mode" means the means of transportation used by employees, such as drive-alone motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and teleworking. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. "Single-occupant vehicle (SOV)" means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the motor vehicles, but the ages of these passengers are under sixteen, the motor vehicle is still considered a single-occupant vehicle for measurement purposes. "Target" means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress, such as increase in non- drive alone trips. "Teleworking" means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. "Vanpool" means a vehicle occupied by from five to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. "Voluntary worksite" means the physical location occupied by an employer that is voluntarily implementing a CTR program. "Week" means a seven-day calendar period starting on Monday and continuing through Sunday. "Weekday" means any day of the week except Saturday or Sunday. "Writing," "written," or in "writing" means original written signed and dated documents delivered via the United States Postal Service. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.060 City's CTR plan. The city's CTR plan, as approved in December 2016 to be effective in 2017, is adopted wholly and incorporated herein by reference. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.070 Responsible city agency. The city is responsible for implementing this chapter, the CTR plan, and the city CTR program should be identified together with any authority necessary to carry out such responsibilities such as rule making or certain administrative decisions. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.080 Applicability—Timeline for compliance. The provisions of this chapter shall apply to any major employer or voluntary worksite within the corporate limits of the city. (1)In addition to city's established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for major employers to comply with said ordinance, and subsequent revisions shall be published at least once in city official newspaper not more than thirty days after passage of said ordinance or revisions. (2) Major employers located in the city are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company's chief executive officer, senior official, or CTR manager at the worksite. The major employer shall perform baseline data collection within ninety days of notification. After the results of the baseline data are provided to the major employer, the major employer shall submit a CTR program to the city within ninety days. (3) Major employers that, for whatever reason, do not receive notice within thirty days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within ninety days of the passage of said ordinance shall perform baseline data collection within ninety days of notification or the major employer shall submit a CTR program within ninety days of receipt of the baseline data results. (4)New Major Employers. Employers that meet the definition of "major employer" in this chapter must identify themselves to the city within ninety days of either moving into the boundaries of city or growing in employment at a worksite to one hundred or more affected employees. Such employers shall complete baseline data collection within ninety days of identification as a major employer and shall submit a CTR program within ninety days of the baseline data results. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program's approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. (5) Change in Status as a Major Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: (A) If an employer initially designated as a major employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer a major employer. It is the responsibility of the employer to notify city that it is no longer a major employer. (B) If the same employer returns to the level of one hundred or more affected employees within the same twelve months, that employer will be considered a major employer for the entire twelve months and will be subject to the same program requirements as other major employers. (C) If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to a "voluntary" employer, that employer shall be treated as a new major employer and will be subject to the same program requirements as other new major employers. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.090 Requirements for employers. A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to increase non- drive alone commute trips. The employer shall submit a description of its program to the city and provide quarterly progress reports to the city on employee commuting and progress toward meeting the goals and targets. The CTR program must include the mandatory elements as described below. (1) CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the program goals and targets stated in the city's CTR plan. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer's description must include: (A) General description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; (B) Number of employees affected by the CTR program; (C) Documentation of compliance with the mandatory CTR program elements (as described in subsection (1)(B)); (D) Description of the additional elements included in the CTR program (as described in subsection (1)(B)); and (E) Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. (2) Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: (A) Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator and/or designee's name, location, and contact information must be displayed prominently at each major worksite. The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and city. The objective is to have an effective transportation coordinator presence at each worksite; a major employer with multiple sites may have one transportation coordinator for all sites. (B) Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. One of the items distributed must be a description of the employer's worksite program. The employer's program description and quarterly report must identify the information to be distributed and the method of distribution. (C) Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith efforts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall file a quarterly progress report with the city in accordance with the format established by this chapter and consistent with the CTR board guidelines*. The report shall describe each of the CTR measures that were in effect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite's CTR targets. The format of the report shall be provided by the city. The employer should contact the city for the format of the report. * CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm (D) Trip Data Measurement. Employers shall conduct a quarterly program data evaluation as a means of determining worksite progress toward meeting CTR targets. (E) Annual Worksite Promotion of Employer CTR Program. Major employers will hold at least one annual transportation fair or equivalent promotion which is available to all employees at each major worksite. (F) ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment. (G) Employer Notification. Employers will be required to notify the city or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or changes in number of employees at the worksite. (H) ETC Networking/Advanced Training. ETCs will be required to attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings. (I) Additional Program Elements. In addition to the specific program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals and targets. Elements may include, but are not limited to, one or more of the following: (i) Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles; (ii) Instituting or increasing parking charges for single occupant vehicles; (iii) Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips; (iv) Provision of subsidies for transit fares; (v) Provision of vans for vanpools; (vi) Provision of subsidies for carpools or vanpools; (vii) Permitting the use of the employer's vehicles for carpooling or vanpooling; (viii) Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; (ix) Cooperation with transportation providers to provide additional regular or express service to the worksite; (x) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; (xi) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; (xii) Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes; (xiii) Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting; and (xiv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site daycare facilities and emergency taxi services. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.100 Record keeping. Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Employers will maintain all records listed in their CTR program for a minimum of forty-eight months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.110 Schedule and process for CTR reports. (a) CTR Program. Not more than ninety days after the adoption of the ordinance codified in this chapter, or within ninety days after an employer qualifies under the provisions of this chapter, the employer will be given ninety days to complete baseline data collection, and an additional ninety days to submit a CTR program once the baseline data results are given to the employer. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program's approval by the city. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. (b) Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. The employer shall have thirty days to resubmit a modified program. If the employer receives no written notification of extension of the review period of its CTR program or comments on the CTR program or quarterly report within ninety days of submission, the employer's program or quarterly report is deemed accepted. The city may extend the review period up to ninety days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (c) CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR program, the employer shall submit quarterly reports on the dates requested from the city, no less than ninety days after program approval. (d) Modification of CTR Program Elements. Any major employer may submit a request to the city to modify a CTR program element, other than the mandatory elements specified in this chapter, including record keeping requirements. Such requests may be granted if one of the following conditions exist: (1) The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or (2) The employer can demonstrate that compliance with the program elements would constitute an undue hardship. (e) Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be via written notice at least ten working days before the due date for which the extension is being requested. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall grant or deny the employer's extension request by written notice within ten working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting program goals and targets. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's reporting date shall not be adjusted permanently as a result of these extensions. An employer's reporting date may be extended at the discretion of the city. (f) Implementation of Employer's CTR Program. The employer shall implement its approved CTR program not more than ninety days after the program was first submitted to the city. Implementation of the approved program modifications shall begin within thirty days of the final decision or ninety days from submission of the CTR program or CTR quarterly report, whichever is greater. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.120 Enforcement. (a) Compliance. For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program. (b) Program Modification Criteria. The following criteria for achieving targets for non-drive alone trips per employee shall be applied to determine requirements for employer CTR program modifications: (1) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both targets, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. (2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable targets, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement. (3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference. (c) Violations. The following constitute violations if the deadlines established in this chapter are not met: (1) Failure to self-identify as a major employer within the timeframes indicated in the applicability— timeline for compliance section above; (2) Failure to perform a baseline data collection including: (A) Employers notified or that have identified themselves to the city within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the notification or self-identification; (B) Employers not identified or self-identified within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the adoption of the ordinance codified by this chapter; (C) A new major employer that does not perform baseline data collection consistent with the requirements specified by the city within ninety days of identification as a major employer; (3) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed the goals and targets as specified in this chapter; (4) Submission of false or fraudulent data in response to data collection requirements; (5) Failure to make a good faith effort, as defined in RCW 70.94.534(2); or (6) Failure to revise a CTR program as defined in RCW 70.94.534(4). (d) Penalties. (1) No major employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable goals and targets; (2) Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW Chapter 7.80. The maximum penalty shall be equal to the state of Washington Class I civil infraction of two hundred fifty dollars per day per violation, as described in RCW 7.80.120(1)(a), or whichever is greater. (3) A major employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: (A) Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and (B) Advise the union of the existence of the statute and the mandates of the CTR program approved by city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.130 Exemptions and target modifications. (a)Worksite Exemptions. A major employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its locations. An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures of the approved CTR plan. Exemptions may be granted by the city at any time based on written notice provided by the major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. (b)Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR board guidelines* to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. *CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm (c)Modification of CTR Program Targets. A major employer may request that the city modify its CTR program targets. Such requests shall be filed in writing prior to the date the worksite is required to submit its program description or quarterly report. The target modification request must clearly explain why the worksite is unable to achieve the applicable target. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for target modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable targets until one year after the city approval of its initial program description or report. (Ord. No. 2016-021, § 1, 12-5-2016) 10.80.140 Appeals. Any major employer may appeal the administrative decisions regarding exemptions, modification of targets, modification of CTR program elements, and determinations concerning failure to implement a CTR program. The appeal must be filed with the city clerk not later than the tenth day following the date of the administrative decision, accompanied by the appropriate appeal fee. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. Appeals shall be heard by a hearing examiner appointed by the city. In reviewing the appeal, the hearing examiner shall determine whether the administrative decision is consistent with the provisions of this chapter, including the CTR plan. The hearing examiner shall have authority to affirm, modify, reverse or remand the administrative decision or to grant other appropriate relief. The decision on the appeal shall constitute a final decision appealable to the city council. Appendix E City of Arlington EMPLOYEE POLICY 220 – ALTERNATIVE WORK ARRANGEMENTS Alternative work arrangements, such as teleworking, are supported by the City, subject to certain restrictions and limitations, to encourage, where appropriate, the use of alternative work arrangements, such as teleworking, in order to attract and retain a diverse and talented workforce by adopting workplace strategies that support flexibility and mobility in the workplace, to be an employer of choice, reduce costs, encourage affordable traffic mitigation, and further goals of local, state, and national policies and regulations such as the Clean Air Act and the Commute Trip Reduction law. Additionally, to provide the City with the ability to place eligible employees meeting program requirements in a teleworking status, based on public health and safety recommendations and measure Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 1 of 12 INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS This AGREEMENT, entered into by and between Snohomish County Public Transit Beneﬁt Area (hereinafter referred to as COMMUNITY TRANSIT), and City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace, (hereinafter collectively referred to as the CITIES and individually as CITY), and hereinafter collectively referred to as the PARTIES, WITNESS THAT: WHEREAS, RCW 70A.15.4020 requires cities with “major employers” that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay to develop ordinances, plans, and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, tra]ic congestion, and energy use; and WHEREAS, the CITIES and COMMUNITY TRANSIT are authorized pursuant to RCW 70A.15.4020(5) and the Interlocal Cooperation Act, chapter 39.34 RCW, to enter into agreements to coordinate the development and implementation of commute trip reduction plans and programs; and WHEREAS, COMMUNITY TRANSIT worked in partnership with the CITIES and other Snohomish County jurisdictions to develop aligned CTR plans and ordinances that have been adopted into law by the CITIES; and WHEREAS, the PARTIES believe that it is more e]icient and e]ective to implement the plans and programs in a coordinated manner and to designate COMMUNITY TRANSIT as the lead agency responsible for coordinating the implementation and administration of the CTR plans and programs for the CITIES; and WHEREAS, the PARTIES agree that the CITIES will assist COMMUNITY TRANSIT through the enforcement of their respective CTR ordinances; and WHEREAS, the CITIES have determined that the funds to support the CTR base plans and programs for the CITIES from the Washington State Department of Transportation (hereinafter referred to as WSDOT) will be provided to and managed by COMMUNITY TRANSIT to support the implementation and administration of the CTR plans and programs within the CITIES; and WHEREAS, the CITIES determine that it is within the best interest of the public to enter into an interlocal agreement with COMMUNITY TRANSIT, whereby Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 2 of 12 COMMUNITY TRANSIT will be the lead agency responsible for implementing and administering the CITIES’ CTR plans and programs; and WHEREAS, the PARTIES are not creating a separate legal or administrative agency under this AGREEMENT; and WHEREAS, no administrator or joint board is needed or responsible for administering the duties and obligations created by this AGREEMENT; and WHEREAS, no real or personal property will be held or used jointly by the PARTIES under this AGREEMENT; NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows: 1. RECITALS: The recitals set forth above, constituting a basis of the agreement of the PARTIES, are incorporated herein by references as if fully set forth. 2. SERVICE PROVISIONS: The PARTIES shall perform the services speciﬁed in the “STATEMENT OF WORK” attached as Exhibit A, which is made a part of this AGREEMENT by this reference. 3. FUNDING: COMMUNITY TRANSIT shall receive all funds provided by WSDOT allocated for the CITIES to support the administration of the CTR base plans and programs. 4. CHANGE IN FUNDING: This AGREEMENT is contingent upon COMMUNITY TRANSIT’s receipt of funds from WSDOT. If WSDOT funds for CTR are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future CTR activities in the CITIES and any amendments to this AGREEMENT that may be required. 5. AGREEMENT PERIOD: This AGREEMENT is e]ective for COMMUNITY TRANSIT and each individual PARTY as of the date signed by COMMUNITY TRANSIT and each individual PARTY regardless of the signatures of the other parties to the AGREEMENT. The term of this AGREEMENT shall be from the e]ective date until June 30, 2029. 6. TERMINATION: The CITIES and/or COMMUNITY TRANSIT may terminate this AGREEMENT by providing written notice of such termination, specifying the e]ective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by COMMUNITY TRANSIT, and not otherwise paid for by WSDOT prior to the e]ective date of such termination shall be paid as a pro rata portion of the Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 3 of 12 applicable WSDOT allocation amount by WSDOT. 7. SEVERABILITY: One or more of the CITIES may withdraw from this AGREEMENT by providing written notice of such intent, specifying the e]ective date thereof, at least thirty (30) days prior to such date. Such a withdrawal shall not a]ect other terms of conditions of this AGREEMENT between the remaining PARTIES. To this end, a withdrawal by a city from this AGREEMENT is declared severable. 8. AGREEMENT MODIFICATIONS: Any PARTY may request changes to this AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated herein by written amendment of this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. 9. NONDISCRIMINATION: The PARTIES, in performance of this AGREEMENT, shall comply with all applicable local, state, and/or federal laws, including Title VI of the Civil Rights Act of 1964 (Pub. L. No. 88-352), as amended, and the Civil Rights Restoration Act of 1987 (Pub. L. No. 100-259), and ordinances, and agree that they shall not discriminate against any person who is paid, for work completed, by funds indicated in this AGREEMENT or against any applicant for such employment on the grounds of race, color, religion, national origin, age, veteran status, or the presence of any sensory, mental, or physical disability. The PARTIES shall make reasonable accommodations to the sensory, mental, or physical disabilities of applicants and employees throughout the personnel process. In determining the extent of reasonable accommodation, the following factors will be considered: the safe and e]icient operation of the organization; feasible ﬁnancial costs and expenses; and the overall type and size of the organization’s operation. 10. INDEMNIFICATION: A. COMMUNITY TRANSIT shall protect, hold harmless, indemnify, and defend, at its own expense, the CITIES and their elected and appointed o]icials, o]icers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of COMMUNITY TRANSIT under this Agreement, including claims by the state, COMMUNITY TRANSIT’s employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the CITIES or their elected and appointed o]icials, o]icers, employees or agents. Individually, each CITY shall protect, hold harmless, indemnify, and defend, at their own expense, COMMUNITY TRANSIT, its elected and appointed o]icials, o]icers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance by that CITY under this Agreement, including claims by the state, and that CITY’S employees or third Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 4 of 12 parties, except for those damages solely caused by the negligence or willful misconduct of COMMUNITY TRANSIT or another CITY, its elected and appointed o]icials, o]icers, employees or agents. B. It is understood and agreed that this AGREEMENT is solely for the beneﬁt of the PARTIES hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. C. This indemniﬁcation clause shall also apply to any and all causes of action arising out of performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the PARTIES are not liable for damages or claims for damages arising from any subcontractor’s performance or activities under the terms of the contracts. D. Survivability: The indemniﬁcation obligations under this Section 10, including the waiver of immunity under the Industrial Insurance Act, shall survive the expiration or termination of this AGREEMENT. Such obligations shall remain enforceable to the fullest extent permitted by law. 11. WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE ACT: The indemniﬁcation provisions of Section 10 are speciﬁcally intended to constitute a waiver of each party’s immunity under Washington’s Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemniﬁed party with a full and complete indemnity of claims made by the indemnitor’s employees. The PARTIES acknowledge that this provision was speciﬁcally negotiated and agreed upon. 12. FILING/POSTING: Pursuant to RCW 39.34.040, a fully executed copy of this AGREEMENT shall be recorded with the o]ice of the County Auditor and/or posted by subject on a PARTY’s website. 13. GOVERNING LAW: 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 Snohomish County Superior Court. Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 5 of 12 IN WITNESS WHEREOF COMMUNITY TRANSIT ______________________________ CITY OF BOTHELL ______________________________ CITY OF LYNNWOOD ______________________________ CITY OF ARLINGTON ______________________________ Authorized Signature Don E. Vanney Mayor of Arlington ______________________________ Date CITY OF EDMONDS ______________________________ Authorized Signature Mike Rosen Mayor of Edmonds ______________________________ Date CITY OF MARYSVILLE ______________________________ Authorized Signature Jon Nehring Mayor of Marysville ______________________________ Date CITY OF MONROE Authorized Signature CITY OF MUKILTEO Authorized Signature Statement of Work ADMINISTERING COMMUTE TRIP REDUCTION PLANS INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS COMMUNITY TRANSIT TASKS Administer the CITIES’ CTR plans and programs according to the provisions of RCW 70A.15.4000 – 4100. Establish and maintain books, records, documents, and other evidence and accounting procedures and practices, su]icient to reﬂect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this AGREEMENT. To facilitate the administration of the work described in this AGREEMENT, separate accounts shall be established and maintained within COMMUNITY TRANSIT’s existing accounting system or set up independently. Such accounts are referred to herein collectively as the “CTR Account”. All costs charged to the CTR Account, including any approved services contributed by the CITIES shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. If a CITY receives a public records request (PRR) pursuant to chapter 42.56 RCW, that includes public records potentially held by COMMUNITY TRANSIT as part of this Statement of Work, a copy of the PRR shall be given to Maintain database and master ﬁle records on all a]ected major employers and worksites. Provide a]ected major employers with access to information and services, which will enable them to plan, implement, and manage CTR programs in a way that implements the CITIES’ CTR plans and ordinances and meets individual major employer goals. Organize the content and format of a comprehensive CTR educational program for major employers and jurisdictions. Ensure that the comprehensive CTR educational program in the CITIES is consistent with that developed by WSDOT. Provide tailored ongoing educational, technical, and promotional assistance to support Employee Transportation Coordinators (ETCs) and employment site CTR programs. Provide opportunities for ETCs to network with the ETCs of other a]ected major employers. Provide information and technical assistance to a]ected major employers in developing CTR programs. Explain legal requirements and assist with initial survey and plan development. Coordinate and facilitate employer networking, employer peer reinforcement, and employer recognition programs. Produce two annual transportation option campaigns and distribute campaign materials. Design and distribute CTR program materials, including new employee orientation materials, which major employers may use or copy to implement, promote, and manage CTR programs. Provide major employers with access to information, materials, and programs that will enable them to adequately promote CTR programs. Support CTR programs by o]ering supplemental services including a regional ride matching program, vanpool program, employer transit pass program, and Guaranteed Ride Home program. Take the lead in coordinating the data collection process for major employers. Provide training to ETCs on data collection methodology. Ensure that major employers timely receive their worksite survey results and o]er follow-up meetings to all major employers. Notiﬁcation of Newly A]ected Sites as deﬁned by CITY ordinance Partner with the CITIES appointed CTR planning coordinators to identify and engage major employers that are new or have not self-identiﬁed to their CITY or COMMUNITY TRANSIT. Conﬁrm that the site meets the criteria for a CTR a]ected major employer under RCW 70A.15.4010 Secure a state ID code from WSDOT. Create a timeline for implementation of a major employer worksite commute trip reduction program and create the required legal ﬁle. Provide guidance and technical assistance to support performance of a baseline measurement consistent with the rules established by WSDOT under RCW 70A.15.4060 within ninety (90) days of designation as a major employer. Provide guidance and technical assistance to support newly designated major employers in developing and submitting a worksite commute trip reduction program within ninety (90) days after receiving the results of the baseline measurement. The program must be implemented within ninety (90) days after approval by the CITY. Coordinate with CITIES to address major employers that do not respond to outreach or demonstrate a good faith e]ort to create, implement, and maintain a CTR worksite program. Employee Surveying Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 10 of 12 5.2.1 Notify a]ected major employers of biennial employee surveying periods. 5.2.2 Provide ETCs with access and training for administering employee surveys using WSDOT’s survey system or through alternate methods approved by WSDOT. 5.2.3 Ensure a]ected major employers make employee surveys available to employees for two weeks, with an optional third week if necessary to increase response rates. 5.2.4 Ensure a]ected major employers make a good-faith e]ort to reach target response rates. 5.3 Worksite Program Reports 5.3.1 Notify a]ected major employers when biennial program reports are due and provide a]ected major employers with limited direct assistance accessing and using WSDOT submission platforms. 5.3.2 Review program reports for completeness for new sites and for sites that made progress toward goal. 5.3.3 For sites that failed to make progress, follow up with ETCs and other designated managers and/or sta] to identify and add worksite commute trip reduction program modiﬁcations that are likely to support improved progress toward CTR program goals. 5.3.4 Forward modiﬁed worksite commute trip reduction programs to the appropriate CITY with recommendation of approval or disapproval. 5.3.5 Generate letters for use by the CITIES when approving or not approving modiﬁed worksite commute trip reduction programs of a]ected major employers. 5.4 Exemptions & Modiﬁcation 5.4.1 Receive major employer requests for exemptions or modiﬁcations and send copy of request to CITIES. 5.4.2 Copy request to WSDOT for comment. 5.4.3 Review and analyze request and provide comments to CITIES; CITIES review analysis and provide directions to COMMUNITY TRANSIT. Generate and send response if directed so by CITIES. Serve as liaison between WSDOT and the CITIES for the purposes of Chapter 70A.15 RCW. Coordinate CTR outreach and marketing e]orts with the CITIES and other transit agencies to create a comprehensive CTR program. Collaborate directly with the CTR planning coordinators appointed by the CITIES to work with a]ected major employers to facilitate the timely development, submission, implementation, and revision of a]ected major employer worksite commute trip reduction programs. Coordinate and facilitate CTR planning coordinator’s group meetings consisting of the CTR planning coordinators from CITIES as needed. This group functions as an information, coordination, and collaboration group for CTR activities. Help CITIES monitor the progress of a]ected major employers after worksite CTR programs are implemented. Meet at least annually with each CITY CTR planning coordinator to discuss major employer CTR programs in each jurisdiction. Facilitate coordination with the CITIES to develop comprehensive and aligned four (4)-year commute trip reduction plans for 2029 - 2033 and a related community engagement process if required by WSDOT. Submit quarterly status reports and invoices to WSDOT in a manner and format approved by WSDOT including documentation of the work completed over the previous quarter, along with proposed e]orts for the upcoming quarter. Made available for CITIES review as directed. CITIES TASKS 8.GENERAL TASKS Provide COMMUNITY TRANSIT with copies of any proposed amendments to the CTR plan and ordinance. Coordinate proposed amendments to CTR plans, municipal codes, and administrative guidelines with COMMUNITY TRANSIT who will facilitate coordination with the Washington State Department of Transportation and the Transportation Demand Management Technical Committee. Appoint a CTR planning coordinator to liaise with COMMUNITY TRANSIT regularly, Notify COMMUNITY TRANSIT upon reassigning the CTR planning coordinator role. Attend CTR planning coordinator group meetings when scheduled. Notify COMMUNITY TRANSIT of potential CTR-a]ected major employers as they are identiﬁed; conﬁrming the total set of known major employers with COMMUNITY TRANSIT at least annually through CTR planning coordination. Assist COMMUNITY TRANSIT in addressing major employers that do not respond to outreach or fail to demonstrate a good faith e]ort to create, implement, or maintain a worksite commute trip reduction program by providing additional resources, sending notiﬁcation letters, facilitating meetings, or implementing compliance measures as necessary. Sign major employer commute trip reduction program approval / disapproval letters. Attend mediation meetings with major employers during program review process if necessary. Review employer exemption / modiﬁcation requests from analysis submitted by COMMUNITY TRANSIT. Provide direction to COMMUNITY TRANSIT on how to proceed. Actively engage in the 2029-2033 jurisdictional commute trip reduction plan update process facilitated by COMMUNITY TRANSIT. Ensure adherence to WSDOT guidelines. Work collaboratively with COMMUNITY TRANSIT to allocate necessary resources, adhere to common timelines, and produce required deliverables. City of Arlington Council Agenda Bill WS #2 Attachment June 9, 2025 Amendment No. 2 to Legacy Anthropology Contract for 211th Place Archaeological Oversight Amendment No. 2 Archaeological Oversight for the 211th Place Corridor Project Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $71,020.00 BUDGET CATEGORY: Transportation Imp Fund 2025 BUDGETED AMOUNT: $959,610.00 (2025) LEGAL REVIEW: DESCRIPTION: The 211th Place Improvement project from SR530 to 67th Ave is currently under construction. As part of Washington state law, the City contracted with Legacy Anthropology to perform a Cultural Resource Assessment (CRA). Discovery of a precontact archaeological site has prompted the need for further oversight. This work was not in the project budget, staff is working with our funding agency to see if additional funds are available to help cover the overage. A summary of the Legacy Anthropology contract to date is as follows: Original Contract Amendment #1 Amendment #2 $0.00 (Time extension only) $ 71,020.00 ALTERNATIVES: Remand to staff for additional information. Workshop; discussion only. At the June 16, 2025 Council meeting, the recommended motion will be, “I move to approve Amendment No. 2 to the Legacy Anthropology contract for the 211th Place Corridor Archaeological Oversight and authorize the Mayor to sign the amendment.” 06/03/25 8:41 AM \\arlington\city\PW_Admin\Contracts\Legacy Anthropology LLC\04_211th Corridor\Amendment #2\Amendment 2_20250602.docx Contract Amendment No. 2 To Professional Services Agreement For Archaeological Oversight for 211th Place Corridor (P02.571.1) This amendment authorizes the modification of the Professional Services Agreement between the City of Arlington and Legacy Anthropology, LLC for the Archaeological Oversight for 211th Place Corridor contract, executed on May 19, 2024. Unless modified below, all terms and conditions contained in the Professional Service Agreement remain current and in effect for the completion of the contract. It is mutually agreed that the above referenced agreement is amended as follows: AMENDMENT 1. Scope of Work - The project scope of work is increased for additional tasks as detailed in the Revised Scope of Work for Additional Phases II Scope of Services., dated May 19, 2025, and included with this amendment as Exhibit A. 2. Fee - This additional work included under this amendment shall be performed for a not to exceed fee of $71,020.00 in accordance with the fee schedule included with this amendment as Exhibit A. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Legacy Anthropology, LLC City of Arlington Signature: Susan C. Larsen Signature: Don E. Vanney, Mayor Date Date Legacy Anthropology, LLC Revised Scope of Work for Additional Phases II Archaeological Oversight for the City of Arlington 211th PL NE – 67th Ave NE to SR 530 (P-02.571) Project, Arlington, Snohomish County, Washington For: James Kelly, PE, Public Works Director City of Arlington May 19, 2025 Introduction Legacy Anthropology, LLC, is a cultural resources management company situated in Bellingham Washington. Our team is composed of Susan C. Larsen, who meets the Secretary of the Interior’s Qualifications for a Professional Archaeologist, and Nicholas E. Gouette. We have a combined 20 years of experience working in archaeology and have collectively participated in over 200 cultural resources management projects throughout Washington State. In addition, we are a certified Minority/Women Business Enterprise and a Disadvantaged Business Enterprise with the Washington State Office of Minority and Women’s Business Enterprises (Certification Numbers M5F0027665 and D5F0027665). Project Overview and Objectives Unmonitored ground disturbing work occurred within the boundaries of archaeological site 45SN879 during the 211th PL NE – 67th Ave NE to SR 530 Project (P-02.571). The Department of Archaeology and Historic Preservation (DAHP) has required that additional Phase II work be conducted to mitigate for the damage caused to the site. During our onsite meeting with the DAHP, Stillaguamish Tribe of Indians, and the City of Arlington, it was agreed that an exploratory trench would be dug in the alignment of the proposed sewer line, all material from B-horizon soils will be screened, and up to four one-meter by one-meter units will be hand excavated in areas of high interest based on the exploratory trench. After the exploratory trench was dug and its contents screened through quarter inch mesh, the site boundaries of 45SN879 were expanded. Artifacts were identified from the eastern property line at 6900 211th Place NE to the center of 6810 211 Place NE. In total, the site extends approximately 166 meters along the south side of 211 Place NE. It is estimated that the three proposed trenches that will be dug during construction will produce approximately 360 cub ic yards of B-horizon material that will need to be screened. EXHIBIT A 2 Scope for Additional Phase II and Phase III Archaeological Oversight, 211th Pl NE Improvements Legacy Anthropology LLC Task List and Schedule: Task Hours for Completion Rate Per Hour Total Travel: • Strictly to and from the APE from Bellingham, WA • Travel for 38 total days at 1.75 hours per day 66.5 $90.00 $5985.00 Exploratory Trench Monitoring: • Monitoring of exploratory trench in the alignment of the proposed sewer line (1 days) • Trench will be terminated at intact glacial sediment 8 $90.00 $720.00 Test Unit Excavation: • 2 days per unit • Conducted by one Professional Archaeologist ($90/hr), one Field Director ($85/hr), and one Archaeologist ($80/hr) • Includes hand excavation, screening, bagging artifacts 64 $210.00 $13,440.00 Screening: • Screening of all B-horizon sediment from exploratory trench and within 20 feet of site (Approx 360 cubic yards) • Crew of 3 archaeologists for 6 weeks (5 days/week) 240 $210.00 $50,400.00 Subtotal 390.5 $70,545.00 Conex Rental (2 months) $475.00 Total $71,020.00 EXHIBIT A City of Arlington Council Agenda Bill WS #3 Attachment COUNCIL MEETING DATE: June 9, 2025 SUBJECT: Ordinance Approving York Park Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment ATTACHMENTS: Ordinance, Rezone Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Deputy Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Capacity zoning to Public/Semi-Public. The property is owned by the City of Arlington and was previously rezoned to residential for the purpose of selling the property. The City has proposed to rezone the property back to public/semi-public zoning in order to develop the property for additional public park area. The st thHISTORY: The York Park Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment was proposed with the 2025 Docket to rezone the property back to public park space. After the previous rezone the city attempted to sell the property for residential development. After multiple inquires to develop the property, it became apparent that the cost to extend the necessary utilities to the site was not cost effective for the limited number of units allowed to be constructed on the property by code. In 2022, the property was placed on the Comprehensive Plan Amendment Docket to rezone the property from Public/Semi-Public to Residential Moderate Capacity, this rezone was approved by City Council. In 2020, the property was placed on the Comprehensive Plan Amendment Docket to rezone the property from Public/Semi-Public to Residential High Density, this rezone was denied by City Council. In 2019, the property was placed on the Comprehensive Plan Amendment Docket to rezone the property from Public/Semi-Public to Residential High Density, this rezone was denied by City Council. ALTERNATIVES: Remand to staff for additional information Workshop; discussion only. At the June 16, 2025, Council meeting, the recommended motion will be, “I move to approve the York Park Rezone, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025–XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE YORK PARK PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN 1291 WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Fir Lane property Land Use Map amendment and Concurrent Rezone on May 6, 2025 and conducted an open record public hearing on May 20, 2025 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on June 9, 2025, a meeting on June 16, 2025, and considered the rezone along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the rezone comprehensive plan amendment was presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, review under the State Environmental Policy Act occurred with comments received and considered; and WHEREAS, the City Council has considered the proposed Fir Lane properties comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts/denies the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; ORDINANCE NO. 2025-XXX 2 e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the York Park Property Arlington Land Use Map Amendment and Concurrent Rezone. The comprehensive plan and zoning designation identified on Exhibit “A” shall be modified from Residential Moderate Capacity zoning to Public/Semi-Public and the City’s official zoning map and future land use map shall be amended to reflect this change as depicted on Exhibit “A”. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2025. CITY OF ARLINGTON ______________________________ Don Vanney, Mayor Attest: __________________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Oskar E. Rey, City Attorney ORDINANCE NO. 2025-XXX 3 Exhibit A Page 1 of 1 Request Summary: The York Park Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment was proposed with the 2025 Docket to rezone the property back to public park space. After the previous rezone in 2022 that rezoned the property from Public/Semi-Public zoning to Residential Moderate Capacity the city attempted to sell the property for residential development. After multiple inquires to develop the property, it became apparent that the cost to extend the necessary utilities to the site was not cost effect to with the limited number of units allowed to be constructed on the property by code. • None. This is a city initiated request to develop additional park space. York Park Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment Amy Rusko, Deputy Director Washington State Legislation or Other Requirements Staff Report & Recommendation York Park Rezone – PLN #1291 Page 1 of 4 CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Deputy Director Meeting Date: June 9, 2025 Date Prepared: June 3, 2025 Regarding: York Park Rezone – PLN #1291 A. INTRODUCTION The York Park Rezone is a city initiated amendment to the City of Arlington Comprehensive Plan, Future Land Use Map and Zoning Map, submitted under the 2025 Comprehensive Plan Annual Docket. Included with this staff report is the proposed rezone map (Attachment A). GENERAL INFORMATION Applicant: City of Arlington Project Description: York Park Rezone – Comprehensive Plan Amendment and Zoning Map Amendment Requested Action: City Council Approval B. DETAILED PROJECT INFORMATION The City of Arlington has initiated the rezone of a 0.56-acre parcel from Residential Moderate Capacity zoning to Public/Semi-Public. The property is owned by the City of Arlington and was previously rezoned to residential for the purpose of selling the property. The City has proposed to rezone the property back to public/semi-public zoning in order to develop the property for additional public park area. The property is located northeast of the 31st Avenue NE and 180th Street intersection. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. Planning Division th Staff Report & Recommendation York Park Rezone – PLN #1291 Page 2 of 4 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/18/2025 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 4/22/2025 Comment Period – 4/22/2025 to 5/6/2025 Public comments received during the public comment period. A summary of the comments are provided below and the original comment is included as Attachment B of this staff report. Comment Summary Date Received City Response Nathan Mach commented during the docket comment period that he lives by the park and has seen the parking area and park being used by homeless people parking their derelict vehicles and drug dealers. He does not think it would be a good idea to have more parking space for these types of uses. He does not see the police doing anything about these issues and is against the rezone. 2/10/2025 The City responded with an email thanking Nathan for the information and comments and the comment would be added to the file documents. 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/6/2025 Meeting: 5/20/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/20/2025 Deadline for 60-Day Review – 5/19/2025 Planning Commission Public Hearing 5/20/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/22/2025 City Council Public Meeting Presentations Workshop: 6/9/2025 Meeting: 6/16/2025 City Council Agenda Online City Council Email Distribution List Staff Report & Recommendation York Park Rezone – PLN #1291 Page 3 of 4 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal or Policy Description Summary LU-1 Provide unique places and context for growth of social capital and community resiliency. LU-1.1 Ensure both publicly and privately owned civic spaces are included throughout the City to provide adequate gathering spaces. LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.3 Employ outreach efforts to gain input from residents and business owners on public improvements and land use actions that have the potential to affect the identity of existing neighborhoods. P-1 Develop an equitable, high-quality parks and recreation system that provides a diversity of recreational, cultural, and educational opportunities that are inclusive and welcoming for all. P-1.1 Support the development of parks and recreation facilities that vary in type and sizes, are easily accessible, and well-distributed throughout the city. P-1.2 Encourage multi-purpose uses of parks and recreation facilities. P-4 Create an effective and efficient financing strategy for parks, recreation, trails, and open space projects that distributes the costs and benefits to the general public. P-4.4 Prioritize the development and maintenance of parks, trails, and open spaces based on need and available funding. PS-9 Create and support strong, vibrant social networks. Provide a public realm including parks, trails, and recreation facilities that promotes social interaction and community cohesiveness. PS-9.1 Identify, enhance, and create safe, inviting, and accessible venues, parks, recreational facilities, and community places that encourage beneficial social interaction and community cohesiveness. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (b) Amendments to the text of the comprehensive plan or to the proposed land use map may be made in accordance with provisions of this chapter. amendment and zoning map amendment has followed the provision of Chapter 20.96 by being processed through the 2025 Docket as a Comprehensive Plan Amendment and Zoning Map Amendment. or Zoning Map Amendments. (a) An open recode public hearing shall be held before the planning commission for all amendments to the comprehensive plan. (c) The city shall give public notice of all public hearings as required per §20.24.020. (d) Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s comprehensive plan and zoning map at least sixty days in advance of prior adoption, as required by RCW 36.70A.106. hearing at the May 20, 2025 Planning Commission Meeting. The public notice is described under Section 2 above. The proposed amendment was sent to the Department of Commerce on March 20, 2025 for the standard 60-day review. Staff Report & Recommendation York Park Rezone – PLN #1291 Page 4 of 4 Regulation Meets 20.96.050 Planning Commission Consideration of Proposed Comprehensive Plan and Zoning Map Amendments. The planning commission shall issue for each docket item a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision for denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Comprehensive Plan and Zoning Map Amendments. (a) Considering that the comprehensive plan and zoning maps were developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment to the comprehensive plan or zoning map of the city rests with the applicant. The city council’s approval, modification, deferral, or denial of an amendment appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city. providing future recreation opportunities within the Smokey Point Subarea. Future development of the site requires frontage improvements. use issues that are more appropriately addressed by an ongoing work program approved by the city council. use issues or concerns. The property was previously zoned as Public/Semi-Public and is proposed to be rezoned back to allow for additional public park improvements. significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of magnitude that need to be addressed for the comprehensive plan to function as an integrated whole. Public/Semi-Public to Residential Moderate Capacity with the intention of selling the property for residential use. The cost of providing utilities to the property resulted in the property not selling. The city then decided the property would serve the community better as a park and has proposed the current rezone back to the Public/Semi-Public zone to provide additional park and recreation area. the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law. Arlington Comprehensive Plan used to show compliance for a future park project on the subject property. (d) RECOMMENDATION Staff recommends the City Council approve the York Park Rezone – PLN #1291 Amending the City’s Future Land Use Map and City’s Official Zoning Map. From:Amy Rusko To:"Nathan" Subject:RE: PLN#1290 Date:Monday, February 10, 2025 8:17:00 AM Nathan, Thank you for the information and your comments will be reviewed and added to the file documents. Sincerely, Amy Rusko Amy Rusko, AICP, CNU-A Deputy Director Community & Economic Development Phone: 360-403-3550 Email: arusko@arlingtonwa.gov Website: www.arlingtonwa.gov 18204 59th Ave NE, Arlington, WA 98223 -----Original Message----- From: Nathan <nathanwmach@yahoo.com> Sent: Friday, February 7, 2025 3:38 PM To: Amy Rusko <arusko@arlingtonwa.gov> Subject: PLN#1290 This message is from an External Sender This message came from outside the City of Arlington I live near the park and have seen the parking area around the park being used by homeless people parking their derelict vehicles and drug dealers , I don’t think it would be a good idea to have more parking spaces for homeless vehicles and drug dealers. The police don’t do anything about this issue and if my tax dollars are being used to fund this I’m 100% against it. Nathan W. Mach Sent from my iPhone City of Arlington Council Agenda Bill WS #4 Attachment COUNCIL MEETING DATE: June 9, 2025 SUBJECT: Ordinance Approving Fir Lane Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment ATTACHMENTS: Ordinance, Rezone Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Deputy Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Fir Lane Rezone is a privately initiated request to rezone 8.77 acres on four parcels from Residential Low Capacity zoning to Residential Moderate Capacity. The privately initiated rezone was submitted by two property owners that own the subject four parcels. The property is located northwest of the Hazel Street and State Route 9 Intersection. HISTORY: The Fir Lane Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment was proposed with the 2025 Docket to rezone the property from Residential Low Capacity to Residential Moderate Capacity. No privately initiated rezones have occurred on the property in recent years and conditions to the neighborhood have not changed. The rezone is a non-project action, meaning that no project is being approved with a favorable rezone vote. Any future development on the subject parcel is required to meet all City, State, and Federal regulations and provide infrastructure improvements. ALTERNATIVES: Remand to staff for additional information Deny Rezone of the Comprehensive Plan Land Use Map and Zoning Map Amendment Workshop; discussion only. At the June 16, 2025, Council meeting, the recommended motion will be, “I move to approve the Fir Lane Rezone, and authorize the Mayor to sign the ordinance”. ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025–XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE FIR LANE PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN 1303 WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Fir Lane property Land Use Map amendment and Concurrent Rezone on May 6, 2025 and conducted an open record public hearing on May 20, 2025 and recommended denial to the City Council through written Findings of Fact; and WHEREAS, the City Council considered the same at a workshop held on June 9, 2025, a meeting on June 16, 2025, and considered the rezone along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the rezone comprehensive plan amendment was presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, review under the State Environmental Policy Act occurred with comments received and considered; and WHEREAS, the City Council has considered the proposed Fir Lane properties comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; ORDINANCE NO. 2025-XXX 2 e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the York Park Property Arlington Land Use Map Amendment and Concurrent Rezone. The comprehensive plan and zoning designation identified on Exhibit “A” shall be modified from Residential Low Capacity zoning to Residential Moderate Capacity and the City’s official zoning map and future land use map shall be amended to reflect this change as depicted on Exhibit “A”. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2025. CITY OF ARLINGTON ______________________________ Don Vanney, Mayor Attest: __________________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Oskar E. Rey, City Attorney ORDINANCE NO. 2025-XXX 3 Exhibit A Page 1 of 3 Request Summary: The Fir Lane Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment was proposed with the 2025 Docket to rezone the property from Residential Low Capacity to Residential Moderate Capacity. No privately initiated rezones have occurred on the property in recent years and conditions to the neighborhood have not changed. The rezone is a non-project action, meaning that no project is being approved with a favorable rezone vote. Any future development on the subject parcel is required to meet all City, State, and Federal regulations and provide infrastructure improvements. Future Development Requirements and Information: The applicants have not indicated or provided any proposed development layouts for the subject parcels. The rezone to Residential Moderate Capacity must consider the highest use allowed on the properties when analyzing for potential future development. • Total Acres of Rezone Area: 8.77 acres (total of all 4 parcels) • Approximate Developable Area: 3.5 – 4 acres (Google Earth estimate and not from survey). The estimate of developable acres subtracts the steep slope critical area and land along BNSF railroad tracks at bottom of slope of 3.77 acres, along with a 20-30% reduction of streets, sidewalks, landscaping, and setbacks of 1 – 1.5 acres. This would be the developable area if all existing homes were removed. If some or all of the existing residences remain then the developable area would be less than what is listed above. • General Density and Dimensional Standards: Density & Dimensional Standards RLC RMOD Minimum Lot Size 7,200 – 9.600 Square Feet 4,000 – 6,200 Square Feet Minimum Residential Density 5-6 Dwelling Units/Acre 7-11 Dwelling Units/Acre Minimum Lot Width 50 Feet 30 Feet Building Setback – Non-Arterial Street 20 Feet 20 Feet Building Setback – Arterial Street 40 Feet 40 Feet Building Setback – Critical Area 15 Feet from Buffer 15 Feet from Buffer Building Rear Lot Boundary Line Building Lot Boundary or Alley 5 Feet 5 Feet Height Limitation 35 Feet 45 Feet Maximum Lot Coverage 35% 45% Fir Lane Rezone Comprehensive Plan Land Use Map and Zoning Map Amendment Amy Rusko, Deputy Director Page 2 of 3 • On-Site and Off-Site Transportation Improvements: o Existing Fir Lane would be required to be improved to public road standards. Additional public and/or private roads throughout a future development would be required as allowed per code regulations depending on the proposed residential uses. o Installation of new roundabout at State Route 9 and Hazel Street / E Highland Drive intersection is required with the addition of any new primary housing units to the neighborhood. o A secondary access point to the overall neighborhood will occur with an extension of Hazel Street to the south to connect with the future 74th Avenue and 204th Street. The city has been working on this connection with the property owner that is directly south of Hazel Street and is required as part of the redevelopment on that parcel. This may or may not occur with the addition of new primary housing units to the existing neighborhood if new housing units are proposed, as it takes additional coordination with private property owners. Current city code requires a secondary access point to a neighborhood with more than 49 lots/units. The existing neighborhood has 108 residential homes and a 30,000 square foot nursing home/convalescent center. The existing number of units within the neighborhood far exceeds the limits allowed by the zoning code for one access point. • Open Space / Parks and Recreation: o Discussed with the previous owner of the property that no development or access would be provided to the portion of land that borders the Burlington Northern Railroad Tracks. o Future development of the property will need to have the discussion regarding the dedication of the steep slope (critical area) and the lower area to the city for future park and open space for the public. If dedication occurs, then no additional park space would be required on the upper portion of the properties, but the development would need to provide pedestrian access to the park area. If the property owner does not want to dedicate the property, then it would need to be used only for park or open space for the future development in a Homeowners Association and provide the same pedestrian access. • Below are permissible use differences between the Residential Low Capacity (RLC) and Residential Moderate Capacity (RMOD). There are additional permissible uses allowed under AMC 20.40.120 that are not listed in the table below because they are allowed equally in both zones. Permissible Use RLC RMOD Accessory Dwelling Unit Allowed Allowed Co-Living Housing Not Allowed Allowed Cottage Housing Not Allowed Allowed Duplex Allowed Allowed Manufactured or Mobile Home Allowed Not Allowed Multi-Family Apartments Not Allowed Not Allowed Multi-Family Fourplex Not Allowed Allowed Page 3 of 3 Permissible Use RLC RMOD Multi-Family Garden Apartments Not Allowed Allowed Multi-Family Rowhouses Not Allowed Allowed Multi-Family Townhouses Not Allowed Allowed Multi-Family Triplex Not Allowed Allowed Single Family Residence, Detached Allowed Allowed Unit Lot Subdivisions Major and Minor Duplex Only Any Attached Housing • Future development of the properties included in the rezone are required to meet all applicable regulations of the Arlington Municipal Code. Those code sections listed above are only a few of the regulations that would be required. Comprehensive Plan Information: • The proposed rezone does meet 21 goals and policies of the Comprehensive Plan. • During the Comprehensive Plan this property was evaluated as Residential Low Capacity for density and growth targets. Public Comments: • City staff received 21 public comments regarding this rezone and comments at both the Docket Public Hearing and the Rezone Public Hearing. They are summarized and attached in the Staff Report. • None. This is a privately initiated request to rezone four parcels for future development on the site. Washington State Legislation or Other Requirements Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 1 of 12 CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Deputy Director Meeting Date: June 9, 2025 Date Prepared: June 3, 2025 Regarding: Fir Lane Rezone – PLN #1303 A. INTRODUCTION The Fir Lane Rezone is a privately initiated amendment to the City of Arlington Comprehensive Plan, Future Land Use Map and Zoning Map, submitted under the 2025 Comprehensive Plan Annual Docket. Included with this staff report is the proposed rezone map (Attachment A). GENERAL INFORMATION Applicant: City of Arlington Project Description: Fir Lane Rezone – Comprehensive Plan Amendment and Zoning Map Amendment Requested Action: City Council Approval/Denial B. DETAILED REZONE INFORMATION The privately initiated rezone was submitted by two property owners that own four parcels with a total of 8.77 acres from Residential Low Capacity zoning to Residential Moderate Capacity. The property is northwest of the Hazel Street and State Route 9 Intersection. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. C. FUTURE DEVELOPMENT REQUIREMENTS AND INFORMATION The applicants have not indicated or provided any proposed development layouts for the subject parcels. The rezone to Residential Moderate Capacity must consider the highest use allowed on the properties when analyzing for potential future development. • Total Acres of Rezone Area: 8.77 acres (total of all 4 parcels) • Approximate Developable Area: 3.5 – 4 acres (Google Earth estimate and not from survey). The estimate of developable acres subtracts the steep slope critical area and land along BNSF railroad tracks at bottom of slope of 3.77 acres, along with a 20-30% reduction of streets, sidewalks, landscaping, and setbacks of 1 – 1.5 acres. This would be the developable area if all existing homes were removed. If some or all of the existing residences remain then the developable area would be less than what is listed above. Planning Division th Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 2 of 12 • General Density and Dimensional Standards: Density & Dimensional Standards RLC RMOD Minimum Lot Size 7,200 – 9.600 Square Feet 4,000 – 6,200 Square Feet Minimum Residential Density 5-6 Dwelling Units/Acre 7-11 Dwelling Units/Acre Minimum Lot Width 50 Feet 30 Feet Building Setback – Non-Arterial Street 20 Feet 20 Feet Building Setback – Arterial Street 40 Feet 40 Feet Building Setback – Critical Area 15 Feet from Buffer 15 Feet from Buffer Building Rear Lot Boundary Line Building Lot Boundary or Alley 5 Feet 5 Feet • On-Site and Off-Site Transportation Improvements: o Existing Fir Lane would be required to be improved to public road standards. Additional public and/or private roads throughout a future development would be required as allowed per code regulations depending on the proposed residential uses. o Installation of new roundabout at State Route 9 and Hazel Street / E Highland Drive intersection is required with the addition of any new primary housing units to the neighborhood. o A secondary access point to the overall neighborhood will occur with an extension of Hazel Street to the south to connect with the future 74th Avenue and 204th Street. The city has been working on this connection with the property owner that is directly south of Hazel Street and is required as part of the redevelopment on that parcel. This may or may not occur with the addition of new primary housing units to the existing neighborhood if new housing units are proposed, as it takes additional coordination with private property owners. Current city code requires a secondary access point to a neighborhood with more than 49 lots/units. The existing neighborhood has 108 residential homes and a 30,000 square foot nursing home/convalescent center. The existing number of units within the neighborhood far exceeds the limits allowed by the zoning code for one access point. • Open Space / Parks and Recreation: o Discussed with the previous owner of the property that no development or access would be provided to the portion of land that borders the Burlington Northern Railroad Tracks. o Future development of the property will need to have the discussion regarding the dedication of the steep slope (critical area) and the lower area to the city for future park and open space for the public. If dedication occurs, then no additional park space would be required on the upper portion of the properties, but the development would need to provide pedestrian access to the park area. If the property owner does not want to dedicate the property, then it would need to be used only for park or open space for the future development in a Homeowners Association and provide the same pedestrian access. • Future development of the properties included in the rezone are required to meet all applicable regulations of the Arlington Municipal Code. Those code sections listed above are only a few of the regulations that would be required. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 3 of 12 D. PERMISSIBLE USE DIFFERENCES Below are permissible use differences between the Residential Low Capacity (RLC) and Residential Moderate Capacity (RMOD). There are additional permissible uses allowed under AMC 20.40.120 that are not listed in the table below because they are allowed equally in both zones. Permissible Use RLC RMOD Accessory Dwelling Unit Allowed Allowed Co-Living Housing Not Allowed Allowed Cottage Housing Not Allowed Allowed Duplex Allowed Allowed Manufactured or Mobile Home Allowed Not Allowed Multi-Family Apartments Not Allowed Not Allowed Multi-Family Fourplex Not Allowed Allowed Multi-Family Garden Apartments Not Allowed Allowed Multi-Family Rowhouses Not Allowed Allowed Multi-Family Townhouses Not Allowed Allowed Multi-Family Triplex Not Allowed Allowed Single Family Residence, Detached Allowed Allowed Unit Lot Subdivisions Major and Minor Duplex Only Any Attached Housing E. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/18/2025 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 4/22/2025 Comment Period – 4/22/2025 to 5/6/2025 Public comments received during the public comment periods. A summary of the comments are provided below and the original comments are included in Attachment B of this staff report. Comment Summary Date Received City Response 1. Robin Gaynor commented during the docket comment period as the acting president of the Kona Crest Homeowners Association with concerns regarding the access right of way that begins under the Highway 9 overpass off of 67th Avenue to land for mowing and homeowner use that is located southwest of the proposed rezone area. States that it is imperative that nothing impedes the access to the homeowner’s association acreage. 2/12/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 4 of 12 Comment Summary Date Received City Response docket comment period with concerns regarding traffic at the Highway 9 intersection and the one point of access to the existing neighborhood, along with comments from Jake Hecla on a Facebook post about the rezone. They want the rezone rejected. 2/12/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with concerns regarding the density at the residential low capacity and residential moderate capacity rate, along with the traffic this would produce at the Highway 9 intersection. He does not support the proposed rezone. 2/13/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with concerns regarding the one way in and one way out of the existing neighborhood, development would add double the density to the area, current infrastructure cannot handle the increase of homes and vehicles, would create for a dangerous ingress/egress to the neighborhood especially in an emergency, and provided information from a Facebook post from Jake Hecla that he is only planning to build one home on the entire site. If only one home is to be built then the proposed rezone is not needed. She is against the proposed rezone. 2/13/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with concerns regarding the increase in density with the rezone, one way in and one way out of the neighborhood, new development would create a large increase in vehicle and pedestrian traffic to an already small road and neighborhood, potential issues with WSDOT and the intersection, this rezone would promote Arlington Rehab to rezone their property as well, and believes that ¼ acre lots would blend in better with the current neighborhood and road limitations and the City of Arlington should focus on new and existing single family homes after the large influx of apartments. He asks that council to vote against the rezone. 2/15/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period regarding the addition of her property to the rezone. 2/17/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 5 of 12 Comment Summary Date Received City Response comment period with concerns regarding Highway 9 as the only access route for vehicles, medical, fire, and assistance uses all using the same route. The traffic burden is high and the rezone would create additional cars and foot traffic to the existing neighborhood. She is not in favor of multiple housing units or the rezone. 2/17/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. period with concerns regarding the existing small neighborhood with only one entry and exit and will require some alteration to the Highway 9 intersection with a roundabout or some way of exiting people in case of an emergency. He is not in favor of the rezone. 2/18/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period in favor of the proposed rezone. She also included a letter that was distributed throughout the neighborhood. 2/18/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with concerns regarding the necessity of the rezone, the access of Fir Lane from Hazel being on a corner and with an uncontrolled intersection, only exit for the existing neighborhood of over 100 properties, multifamily zoning that exits through a lower density neighborhood creates increased hazards and an undue burden on the existing residents, higher density accessing from a private street would negatively impact access for the current residents, steep slope hazard, and the landlocked pasture has no access to 67th Avenue and rezoning this portion would be highly inappropriate as it is only used for agricultural purposes. He is in opposition of the proposed rezone. 2/18/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with concerns regarding getting in and out at the light of Highway 9 and Hazel Street. It is difficult as is and adding extra housing would be detrimental to the existing community. People speed in and out of there all the time cutting off people. She has major concerns about extra impact on the intersection just before the light and opposes the proposal. 2/18/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 6 of 12 Comment Summary Date Received City Response comment period with concerns regarding the current and proposed zoning of the property with only one entrance and exit from Highway 9 to Hazel Street. In addition, the city growth has obviously gone up and our local streets, schools, and main roads have all been impacted in a negative way. He is against the city allowing the properties on Fir Lane to be rezoned. 2/18/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with many concerns regarding the amount of traffic now, along with double the amount of residential units would bring to all sides of the Highway 9 intersection, along with other intersections that are interrelated. The area around the intersection, including S Olympic and Highland is already plagued by multiple daily near misses and a significant number of accidents due to the unusual configuration of the intersections, it is also the main route to and from Cascade Hospital and more vehicles would hinder emergency vehicles. If the intersections were modified to increase capacity prior to the building of more units, she would not be as concerned, but with Highway 9 being a state route, coordination with WSDOT would take considerable time. She opposes the proposed rezone pending further improvements to infrastructure. 2/20/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. comment period with many concerns regarding the amount of traffic now, along with double the amount of residential units would bring to all sides of the Highway 9 intersection, along with other intersections that are interrelated. The area around the intersection, including S Olympic and Highland is already plagued by multiple daily near misses and a significant number of accidents due to the unusual configuration of the intersections, it is also the main route to and from Cascade Hospital and more vehicles would hinder emergency vehicles. If the intersections were modified to increase capacity prior to the building of more units, she would not be as concerned, but with Highway 9 being a state route, coordination with WSDOT would take considerable time. She opposes the proposed rezone pending further improvements to infrastructure. 2/20/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 7 of 12 Comment Summary Date Received City Response comment period with concerns regarding the rezone allowing multifamily housing and up to 85 units, which would negatively impact not only the neighborhood but the intersection of Highway 9 and East Highland Drive. Her biggest concern is the effect it will have on traffic safety for the community. There is only one way in/out to the neighborhood and adding a huge new housing project right near the intersection will increase traffic at the only road leading to her home. The whole intersection is incredibly flawed and not designed to handle a heavy traffic load. She is opposes the proposed rezone. 2/20/2025 Planning Commission and City Council packets during the annual docket process. The comments will also be included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Docket meeting at City Council. She sent a letter to the city council and mayor regarding a statement that was made during the city council meeting on March 3, 2025. The statement made was that of Fir Lane being a dangerous dirt road. She suggested those thinking this should visit the Fir Lane properties because what they would find is a private paved road that is more than adequate for the four existing residences that use is exclusively. 3/16/2025 with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. and Notice of Public Hearing comment period stating he would like to appeal the decision and that the Snohomish County PDS map portal shows the parcels are split by a critical slope greater than 33% and that there is a modeled wetland area below the slope. 4/24/2025 email about an appeal and the critical areas on the site and shared code information about the Critical Area Ordinance and what a future development would be required to complete. The comments have been included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. and Notice of Public Hearing comment period stating that she has lived on Hillcrest drive in the same house for 51 years. She has seen two large housing developments go into the neighborhood with zero changes to the infrastructure. The zoning change proposal would double the homes in the neighborhood, more than double the vehicles on the narrow roads, and create a bottle neck of vehicles trying to go to and from their homes. She wants infrastructure to be put first. She suggests solving the problem and not to create a traffic nightmare. She also mentions that Arlington Rehab, a medical facility, in the neighborhood has emergency vehicles coming and going. She is against the rezone and the City has work to do before there should be zoning changes. 4/30/2025 with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 8 of 12 Comment Summary Date Received City Response and Notice of Public Hearing comment period stating there are rumors of 50 lots and an apartment building proposed. He stated that the rezone is not a good idea and even leaving the zoning as is would allow more lots than the area can handle, would create issues, and additional traffic would be horrible. There is little to no room on the west side of Highway 9 for road improvements. 5/1/2025 phone call about the proposed rezone and discussed potential future development on the site, impacts to the neighborhood, and proposed required improvements that would be required with any future project. The comments have been included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. Preservation (DAHP), submitted by Jessica Stone, commented during the SEPA DNS and Notice of Public Hearing comment period stating that there are no immediate cultural resource concerns but that the city should consult with the Stillaguamish Tribe prior to any development projects. 5/6/2025 stating that if/when a project is submitted that project information would be sent to the Stillaguamish Tribe for review. The comments have been included with the rezone packet at the upcoming Planning Commission meetings in May and City Council meetings in June. and Notice of Public Hearing comment period via voicemail on May 12, 2025 and followed up with a written letter on May 19, 2025. Her concerns were about the impacts to the neighborhood, only having one way in and out, and accessed by a light at Highway 9 and Highland Drive that is still in a temporary state of construction. The number of proposed units would cause additional safety concerns with access to the property and an increase to the impact of traffic at the intersection. The intersection is dangerous and there have been collisions at this location. The crosswalks are inaccessible due to the large orange barriers that have been placed on the west side of the intersection. She asks for the rezone not to happen. 5/12/2025 5/19/2025 the Planning Commissioners at the Public Hearing on May 20, 2025 and have been included with the City Council meetings in June. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 9 of 12 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/6/2025 Meeting: 5/20/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/20/2025 Deadline for 60-Day Review – 5/19/2025 Planning Commission Public Hearing 5/20/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/22/2025 City Council Public Meeting Presentations Workshop: 6/9/2025 Meeting: 6/16/2025 City Council Agenda Online City Council Email Distribution List 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal or Policy Description Summary E-1 Preserve and enhance open space, natural, and cultural resources and strive for equitable geographic and demographic distribution E-1.1 Protect and enhance the natural environment while planning for and accommodating growth. E-1.2 Protect critical areas and other sensitive resources, such as archaeological and historical sites, as defined in the City’s critical areas regulations using best available science and give special consideration to anadromous fisheries. E-1.3 Protect and mitigate geologically hazardous areas, especially forested steep slopes, for both environmental and aesthetic purposes if appropriate. LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.3 Employ outreach efforts to gain input from residents and business owners on public improvements and land use actions that have the potential to affect the identity of existing neighborhoods. LU-6 Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built environment factors, that support adaptation to climate impacts consistent with environmental justice. LU-6.3 Development patterns shall be responsive to critical areas and other environmental factors, while minimizing the fragmentation of the built environment. LU-9 Encourage a mix of residential densities throughout the City. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 10 of 12 Goal or Policy Goal or Policy Description Summary LU-9.1 All recommended changes in residential densities shall be evaluated on the following: a) The overall impact to surrounding properties; b) The general impact to the existing transportation network; c) The availability and capacity of urban services and utilities in the area; and d) Consistency with Growth Management Act’s growth targets and buildable land supply. LU-10 Future growth in the City will be accommodated and served consistent with the PSRC Regional Growth Strategy. H-1 Encourage a quality and diverse housing stock within the City. H-1.1 Maintain a supply of land zoned to accommodate a variety of housing types and densities. H-1.2 Allow and encourage the development of moderate density and middle housing in single-family residential zones to increase the variety in housing types. H-2 Provide housing options affordable to all demographics and incomes in all areas and zoning districts of the City. H-2.8 As part of any rezone that increases residential capacity, the City should consider requiring a portion of units to be affordable to extremely-low, very-low, low-, moderate-income households H-5 Encourage mixed-income and mixed-use neighborhoods. H-5.1 Promote diverse, inclusive, mixed-income residential neighborhoods where residents of varying income levels can live and interact. CFU-3 Ensure capital facilities and utilities are provided consistent with Growth Management Act provisions and the concurrency management system provides public facilities through public and private development activities in a manner that is compatible with the fiscal resources of the City. CFU-3.2 Any infrastructure improvements needed to serve a proposed development should be installed prior to the issuance of the related building permit. CFU-3.3 The City of Arlington should not issue any development permits that result in a reduction of the transportation level-of-service standards for the public facilities identified in the Capital Facilities Book without mitigation. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 11 of 12 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (b) Amendments to the text of the comprehensive plan or to the proposed land use map may be made in accordance with provisions of this chapter. amendment and zoning map amendment has followed the provision of Chapter 20.96 by being processed through the 2025 Docket as a Comprehensive Plan Amendment and Zoning Map Amendment. or Zoning Map Amendments. (a) An open recode public hearing shall be held before the planning commission for all amendments to the comprehensive plan. (c) The city shall give public notice of all public hearings as required per §20.24.020. (d) Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s comprehensive plan and zoning map at least sixty days in advance of prior adoption, as required by RCW 36.70A.106. hearing at the May 20, 2025 Planning Commission Meeting. The public notice is described under Section 2 above. The proposed amendment was sent to the Department of Commerce on March 20, 2025 for the standard 60-day review. Proposed Comprehensive Plan and Zoning Map Amendments. The planning commission shall issue for each docket item a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision for denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Staff Report & Recommendation Fir Lane Rezone – PLN #1303 Page 12 of 12 Regulation Meets Comprehensive Plan and Zoning Map Amendments. (a) Considering that the comprehensive plan and zoning maps were developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment to the comprehensive plan or zoning map of the city rests with the applicant. The city council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria: appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city. higher density which is addressed as needed by the comprehensive plan. The proposed amendment is a non-project action that has the potential to provide a public benefit and could enhance public health, safety and welfare of the city with future improvements to the street system, parks and open spaces, and residential opportunities to the area. land use issues that are more appropriately addressed by an ongoing work program approved by the city council. issues or concerns. The property is currently zoned Residential Low Capacity and is proposed to be zoned Residential Moderate Capacity. significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of magnitude that need to be addressed for the comprehensive plan to function as an integrated whole. seen significantly changed conditions since the last comprehensive plan map amendment. There are no unanticipated consequences that required this rezone to be proposed. The need in the Comprehensive Plan for additional housing will remain as long as Snohomish County and Puget Sound Regional Council continue to assign increased growth targets to the City of Arlington. the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law. Arlington Comprehensive Plan used to show how the rezone would be in compliance in providing a future mix of residential building types to the existing neighborhood. (d) RECOMMENDATION Staff recommends the City Council approve/deny the Fir Lane Rezone – PLN #1303 Amending the City’s Future Land Use Map and City’s Official Zoning Map. This message is from an External Sender This message came from outside the City of Arlington From:Robin Gaynor To:Amy Rusko; Robin Gaynor; Rick Gaynor; Steve Peiffle Subject:re Fir Lane rezone project Date:Wednesday, February 12, 2025 11:39:57 AM Hello Ms. Rusko: This letter is in regards to the proposed land use change File # PLN #1288. I am representing the Kona Crest Homeowners Association. We have a Commons area of several acres adjacent to the land discussed. We have a long time access right away by this land. We access by vehicle (for mowing and Homeowner use) our acreage via the side vehicle access that begins just under the Hwy 9 overpass off of 67th Ave NE. That vehicle access continues along the proposed Fir Lane Rezone land. Please let us know what is planned to allow us to continue our long time vehicle access route. It is imperative that nothing impedes our access to our Homeowner Association acreage that is just southwest of the proposed rezone. Thank you, acting President Robin Gaynor 213 Joann LN Arlington, WA 98223 Robin Gaynor Sent with Proton Mail secure email. From:PAM ROSENBACH To:arusko@arlingtonwa.giv Cc:mary Subject:Proposed rezone of fir lane Date:Wednesday, February 12, 2025 7:41:13 PM Hello, My name is Pamela Rosenbach and I live on the corner of Jensen and Hazel. My parents built this house in 1964. There were probably 30 houses in the area at that time and they used the same entrance/ exit that we use today. Now there are 85 houses that use this Entrance and exit to Highway 9. . The proposed rezoning of fir lane/hecla property would double the amount of traffic in and out of this area. The same road that was there in 1964.. Per Jake hecla on his reply on face book to opposition “I'm the executor of the estate that owns these properties. John is handling the paperwork for me because I'm overloaded handling the cleanup. We do not have a development planned. We just want to up-zone so we can possibly put a house on a section of the lawn in front of 405/438 Fir Lane in the future (>2y away) and also keep our driveways attached to our lots. Curt Hecla (my Dad) was planning this when he passed away unexpectedly last year, otherwise he'd be in the comments explaining this as well. To be clear, there's absolutely no planned "development." The pasture below the houses is not develop-able due to access. This is a non-issue and the neighbors will see no changes. I just want the option to build a house there and not mangle the access to the other homes. For all the neighbors: you've seen the state of the Fir Lane properties over the last few years and I know it has been a severe eyesore. We are preserving Dad's legacy by cleaning up the junk vehicles and trying to return it to a place worthy of pride. I have personally spent tens of thousands of dollars fixing the property and dragging away vehicles (32 so far from three properties). We still have a long way to go-- there's almost two decades of neglect to fix. The last thing I need is people yelling at me about a development that doesn't exist.” Just to be clear, we are not yelling! We are stating our concerns regarding an area the WE live in, not Jake Hecla If he is only planning on building one house, he should be able to do that within the current zoning. We cannot handle any more traffic on that particular street. Even if he doesn’t plan on expanding now, the plans could happen in the future. This road cannot handle another 80 properties, 160 vehicle vehicles on a daily basis. You need to reject this now.. Respectfully Ron and Pam Rosenbach Sent from my iPad From:Carl Engstrom To:Amy Rusko Subject:Proposed rezone of Heckla property Date:Thursday, February 13, 2025 7:28:46 AM This message is from an External Sender This message came from outside the City of Arlington On Feb 20th an application will be considered to change the density of this property from low capacity to moderate capacity. The entrance for all residences west of highway 9 at the Highland Drive crossing is already a busy intersection, sometimes having to wait for a second green light to depart. Currently the Heckla property is zoned low density. This 7.84 acre property would allow 47 new residences and would be a major impact on this crossing. A large part of this land is on its west side between base of hill and rr tracks. I can only assume all new residences will be built on the raised portion of the property. I see no reason to to change the current designation to moderate capacity. Moderate capacity would permit 85 new residences, further impacting everyone using this crossing, making this application easy for the Planning Department to deny. The evaluation of this rezone application needs to address how the traffic flow works for entering and departing this property and for the rest of the residences in this area for both getting on and off highway 9. What modifications need to be made at this intersection that can accommodate doubling the traffic in and out? Respectfully Carl Engstrom 244 W. Jensen St. Sent from my iPad This message is from an External Sender This message came from outside the City of Arlington From:Mary Wujick To:Amy Rusko Subject:Proposed Rezone of Fir Lane No. PLN #1303 Date:Thursday, February 13, 2025 5:13:16 PM I would like to comment on the proposal by John Clarke to rezone 3 parcels on Fir Lane from Residential Low Capacity to Residential Moderate Capacity. I live on Hillcrest Drive. I have lived in this house for 50 years. I have seen many changes in this area and in our town over the years. One thing that has not changed is the fact that all who live in this west Arlington community have only one way in and one way out of our properties. That is my main objection to this application to change the zoning on Fir Lane: it would affect all who live on the west side of Highway 9 across from Highland Drive including 85 residential homes and Arlington Rehab Center, a medical facility. Our streets (including Fir Lane) use Hazel Street for ingress/egress. Changing the zoning to Moderate Capacity would allow for a development that would double the number of homes/duplexes/townhomes in our local area. Double the homes equates to more than double the vehicles entering and exiting on Hazel Street. We do not have the infrastructure to handle this increase in homes and vehicles. It would not only become a dangerous bottleneck in everyday ingress/egress; in an emergency it would be devastating. There is not an option to widen any of the neighboring roads as this would involve both the City of Arlington and Washington State since Highway 9 is, obviously, a state road. On February 8th, I posted the above-mentioned concerns on an Arlington community Facebook group. I received a comment from Jake Hecla whose family owns the property in question. He contradicted the rezone proposal by stating there was no development planned and that he wishes to build just one home for himself on this 7+ acres. This is a nice plan but it is a plan that requires NO change in zoning. Unfortunately, Jake did not author nor did he submit the application – John Clarke did. And that application involves a change in zoning of Fir Lane with a potentially massive new development in an area that cannot support an increase in homes. I am against this proposal. I would hope to see common sense as the foundation in the decision to reject it as well. Sincerely, Mary Wujick 501 Hillcrest Drive Arlington, WA 98223 From:Debora Nelson To:Amy Rusko; Marc Hayes Subject:Fwd: Fir Lane Rezone Date:Saturday, February 15, 2025 9:00:51 PM Fyi Debora Nelson Arlington City Council person Position 3 Sent from my iPhone Begin forwarded message: From: A “Tony” A <amausa3@gmail.com> Date: February 15, 2025 at 4:51:22 PM PST To: City Council <coa_council@arlingtonwa.gov> Subject: Fir Lane Rezone This message is from an External Sender This message came from outside the City of Arlington Good afternoon, Please vote against the Fir Lane Rezone. This is an established single family neighborhood and would be detrimental for all the residents in this area. Here are some of the most pressing issues with this rezone: 1. The Rmod zoning allows for 7-11 units per acre. That would potentially increase the units from 3 to 86. 2. There is one way in and one way out into our neighborhood with an existing one hundred homes. The rezone could nearly double that. 3. Even if there were a new road established there would still be a large increase in vehicle and pedestrian traffic to an already small road and neighborhood which would affect the flow of Hwy 9 at Highland. Potential issue with WSDOT? 4. Subdividing into 1/4 acre lots would blend in with the current neighborhood and road limitations. 5. There is another lot (Arlington Rehab) in our neighborhood that would likely be up zoned if the Fir Lane Rezone to Rmod set the precedent. 6. With the large influx of apartments in City of Arlington I believe it’s time we focused on new and existing single family homes. Thank you, This message is from an External Sender This message came from outside the City of Arlington From:Shirley Case To:Amy Rusko; Dean Case Subject:Rezone for Fir Lane Date:Monday, February 17, 2025 11:36:48 AM After discussing with you and Dr. Jake Hecla we would like to have our property at 3326 Fir Lane, Arlington, WA be included in the change of zoning. Please tell me what the next steps are. We plan to attend the Public Hearing on February 20 at 6:30. Thank you. Shirley Shirley Case 425-238-6217 This message is from an External Sender This message came from outside the City of Arlington From:Lee Family To:Amy Rusko Subject:Fairlane rezone Date:Monday, February 17, 2025 7:02:13 PM We are concerned home owners who live in kona crest off Highland Dr. Hazel street intersection with hi way 9 is our additions only route in or out. The streets Marian, Jensen, JoAnn and Arlington rehabilitation center all rely on this route. Medical, fire and assistance uses this same route. The traffic burden is high. Rebonding of Fir lane will can additional cars and foot traffic. We are not in favor of multiple housing units, it is not safe. No to redone. Adele Lee 230 west Jensen St Arlington Sent from AOL on Android This message is from an External Sender This message came from outside the City of Arlington From:Lee Family To:Amy Rusko Subject:Re-zone Date:Tuesday, February 18, 2025 1:11:10 PM Our small neighborhood with only one entry and exit will require some alternation to highway 9 with roundabout or some way of exiting people in case of emergency. A double volume would stretch the ability for evacuations. I am not in favor of this re-zoning. Bill Lee. 230 W. Jensen Street. From:Janice Bauer To:Amy Rusko Subject:Fir Lane Rezone Request Date:Tuesday, February 18, 2025 4:15:00 PM This message is from an External Sender This message came from outside the City of Arlington Amy Rusko, For the record, as a nearby homeowner, please note that I am fully in favor of the proposed Fir Lane rezone. Below you’ll find the flier recently distributed by neighbor, Tom Flett. If you do not receive this flier in a clear manner, please let me know, and I will bring my copy into your office. Thank you, Amy. Jan Bauer Jan This message is from an External Sender This message came from outside the City of Arlington From:Tom Flett To:Amy Rusko Subject:Fir lane rezone Date:Tuesday, February 18, 2025 3:03:41 PM I'm writing to document my opposition to the proposed Fir Lane rezone. Rezone for this property is neither necessary nor appropriate. Fir lane is a private drive that has an uncontrolled exit onto Hazel street in the middle of its curve and immediately into a busy stop light-controlled intersection with Hwy 9. This intersection is the only exit for a neighborhood of over 100 properties. Multifamily zoning that has to exit through a lower density neighborhood creates increased hazards and an undue burden on the residents of the lower density neighborhood. Zoning for higher density accessing from a private street would potentially negatively impact access for the current residents of this single family neighborhood. Uncontrolled access from Fir lane in the middle of a curve causes increased hazard directly related to the increase in density. The property is divided by a wooded bluff roughly 80 feet high with an approximately 60-degree slope. As evidenced by the tragedy in Oso the slopes in this region are fragile and can react negatively to development around them. Also as evidenced by mud slides recently, following the fires in southern California, steep slopes are dependent on the undisturbed vegetation to maintain their stability. The eastern 1/3 of the property separated by the bluff is a landlocked pasture that has no access to 67th Ave. NE. Rezone of this portion would be highly inappropriate as it is only use is for agricultural purposes. Respectfully, Tom Flett 141 Florence St. This message is from an External Sender This message came from outside the City of Arlington From:Shirley S To:Amy Rusko Subject:Proposed rezone affecting neighborhood access Date:Tuesday, February 18, 2025 4:24:27 PM File # PLN #1288 File # PLN #1303 To whom it may concern I live in the effected neighborhood. Getting in and out at the light of hwy 9 and Hazel st. Is difficult as it is, adding extra housing I believe would be detrimental to our community. People speed in and out of there all the time cutting off people. I have major concerns about extra impact on the intersection just before the light. Please oppose this proposal. Thank you Shirley R Stalder This message is from an External Sender This message came from outside the City of Arlington From:Doug and Laurie Schmidt To:Amy Rusko Subject:Proposed re-zone Date:Tuesday, February 18, 2025 5:10:43 PM Amy Rusko Deputy Director, I am against the City allowing the property in Fir Lane to change its current zoning, to Residential Moderate. The current zoning is also concerning as this would allow 5-6 dwelling units per acre. There is one entrance and exit from Hiway 9, to Hazel street. In addition, the City growth has obviously gone up. Our local streets, schools, and main roads have all been impacted in a negative way. Does the City have in place any mitigation fees for builders of apartments or duplexes? Thank you, Doug Schmidt 124 W Marion St This message is from an External Sender This message came from outside the City of Arlington From:Karina B To:Amy Rusko Subject:re: Fir Lane Rezone PLN #1303 Date:Thursday, February 20, 2025 10:05:24 AM Dear Ms. Rusko, I am writing to ask that the city seriously reconsider the proposed Fir Lane Rezone. I live with my aunt in the house at 438 S Olympic Avenue, and I am expressing my earnest opposition to the rezone in the neighborhood near the intersection of Highway 9 and E. Highland Drive. Current traffic at this intersection has a ripple effect on the already unsafe intersection at South Olympic and E. Highland Dr. The congestion at certain times of day effectively gridlocks three intersections with commuters and school buses, which makes Highland Drive, the main route from Highway 9 to the hospital, virtually impassable. This rezone, allowing for up to 85 new dwelling units, would double the traffic through not only the Highway 9 intersection, but through my corner as well, which is already plagued by multiple daily near-misses and a significant number of accidents due to not only the unusual configuration of the intersection itself, but the speed and distraction of many drivers. I am often not able to safely back out of my parking spot onto E. Highland, and increasing traffic in the area will only exacerbate all of the above problems. I used to live with my grandmother at 804 Hazel, next to my uncle and his wife at 812 Hazel, and our whole family has noticed the problems and safety issues with the neighborhood and its road infrastructure. There is only one egress from this neighborhood, and due to the way the road curves as it connects with the intersection of Highway 9 and E. Highland, it is difficult for drivers at all points of the intersection to anticipate the flow of traffic safely. I am worried that more than doubling the traffic here would create further danger for my family members and other residents in the case of an emergency. I will remind you that there is a nursing home on Hazel Street that relies on the single dangerous egress to deliver its patients to the hospital on the main route to the hospital, and adding more traffic to that already confusing egress would be detrimental to the lives of not only those residents but all others in the neighborhood. It is already a concern that there is no secondary egress; to add more residents and traffic is not safe. If the intersection were modified to increase capacity PRIOR to the building of more units, I would not be as concerned, but since Highway 9 is a state route, the coordination with WSDOT and other state agencies to get this infrastructure built would take considerable time. For these reasons and many others, I strongly oppose the Fir Lane Rezone at this time, pending further improvements to road infrastructure and safety. Thank you for your time. Sincerely, Karina Bentzen 438 S Olympic Avenue Arlington, WA 98223 (425) 328-8873 From:elsa svensson To:Amy Rusko Subject:Comments re: Rezone PLN #1288 Date:Thursday, February 20, 2025 9:44:39 AM Dear Ms. Rusko, I ask that the city seriously reconsider the proposed Fir Lane Rezone. I own the house at 438 S Olympic Avenue, and I am expressing my opposition to the rezone near the intersection of Hwy 9 and E. Highland Drive. Current traffic at this intersection has a ripple effect on the intersection at South Olympic and E. Highland Dr. The congestion at certain times of day effectively gridlocks three intersections. This rezone, allowing for up to 85 new dwelling units, would double the traffic through not only the Hwy 9 intersection, but through my corner as well, which is already plagued by multiple daily near-misses and a significant number of accidents due to the unusual configuration of the intersection itself. I am often not able to safely back out of my garage onto E. Highland. Increasing traffic in the area will only exacerbate these problems. My mother lives at 804 Hazel Street, at the far end of the plat on the west side of the Hwy 9 and E. Highland intersection, and my brother and his wife live at 812 Hazel. There is no other egress from this neighborhood. I fear that doubling the traffic here would create further danger for my family members and other residents in the case of emergency. It is already a concern that there is no secondary egress; to add more residents and traffic is not safe. Further, the intersection at Hwy 9 is the main route to and from Cascade Hospital. It is not prudent to further hinder emergency vehicles on their route to the hospital. If the intersection were modified to increase capacity PRIOR to the building of more units, I would not be as concerned. But since Hwy 9 is a state route, the coordination with WSDOT and other state agencies to get this infrastructure built would take considerable time. For these reasons and many others, I oppose the Fir Lane Rezone at this time, pending further improvements to infrastructure. Thank you for your time. Sincerely, Elsa Svensson 438 S Olympic Avenue Arlington, WA 98223 206.919.3572 This message is from an External Sender This message came from outside the City of Arlington From:Emily Hart To:Amy Rusko Subject:Rezoning of Fir Lane Date:Thursday, February 20, 2025 4:22:53 PM Dear Amy Rusko, Hello, my name is Emily Hart and I live at 221 W Jensen St. in Arlington. I am emailing you today with my concerns regarding the rezoning on Fir Lane from Residential Low Capacity to Residential Moderate Capacity (PLN #1303). It is my understanding the rezoning of this land would allow multi-family development. There is a notice I received that mentioned 85 new living units would be the maximum if this rezoning were to pass, and there is a proposal in the works to make that happen. This would negatively impact not only our neighborhood, but the intersection of Highway 9 and East Highland Drive as well. My biggest concern with this rezoning is the effect it will have on traffic safety for our community. There is only one way in/out to our neighborhood (intersection of Highway 9 and East Highland Drive), and introducing a huge new housing project right at the intersection will increase traffic at the only road leading to our home. The whole intersection itself is incredibly flawed and not designed to handle a heavy traffic load. If you have increased traffic coming in and out of Fir Lane, it is going to cause significant congestion. There are several traffic situations I have experienced at that intersection that will only get worse with increasing the population on Fir Lane. For example, while driving I turned right onto E Highland Drive (coming from south Highway 9) while another car was trying to turn left onto E Highland (coming from Fir Lane) and this almost resulted in a crash. The car turning off of Fir Lane either did not yield to me or did not see me because they almost hit me. Either way, the risk of this type of accident will surely increase if the population of Fir Lane is significantly increased. Another example of a traffic concern I have is when a car leaving Fir Lane is trying to merge into traffic, they often block the incoming traffic to the neighborhood. I am thankful that these situations have only happened a handful of times, but having to deal with them daily due to increased traffic flow would make getting to and from our home much more difficult. I hope the city will perform a thorough Environmental Impact Study (EIS), as well as Traffic Safety study ( if it's not included in the EIS already) before allowing this rezoning to happen to predict how detrimental it would be to allow a large apartment complex or any type of drastic housing increase to be built on Fir Lane. I have talked with several neighbors in our neighborhood, and everyone I have talked to agrees that this rezoning would have a negative effect on our community. It is unfortunate that many of the neighbors I talked to will also not be attending the Public Hearing or submitting a statement because they feel their word does not matter and city counsel will not listen if they share their thoughts and concerns. I implore you to take any comments or statements in regards to PLN#1303 seriously, and do what you can to stop the rezoning of Fir Lane. Sincerely, Emily Hart (360)391-7642 hartfamily0823@gmail.com From:Janice Bauer To:Jan Schuette Cc:Don Vanney; City Council; Amy Rusko Subject:Fir Lane information Date:Sunday, March 16, 2025 5:06:15 PM Attachments:Fir Lane information.pdf This message is from an External Sender This message came from outside the City of Arlington March 15, 2025 To: Councilmember Jan Schuette cc: Arlington City Council members, Mayor Vanney, Amy Rusco Councilmember Schuette, This is regarding the Fir Lane Rezone Request, located off of Hazel Street and Highway 9, and recently listed as one of two properties requesting a rezone. This request had been reviewed by the Planning Commission and was brought before the City Council on March 3, 2025. At the conclusion of the presentation to the Council by Community Development Deputy Director Amy Rusco at that March meeting, you commented that you had travelled to, and driven down, Fir Lane to the properties within that rezone request. You stated that Fir Lane is a dangerous dirt road. I would ask that you revisit the Fir Lane Property, and I remind you that Fir Lane is a private drive more than adequate for the exclusive use of those four existing residences on or near the Fir Lane properties. It is not a high use highway or even a public road, but a paved private dead- end lane that goes only a short distance to the last residence. Thank you for your consideration. Respectfully, Jan Bauer This message is from an External Sender This message came from outside the City of Arlington From:amausa3@gmail.com To:Amy Rusko Subject:Re: Fir Lane Rezone - Notice of SEPA DNS and Notice of Public Hearing Date:Tuesday, May 6, 2025 12:03:09 PM Thank you! You are very helpful. I will definitely attend. I appreciate the information. Tony Sent from my iPhone On May 6, 2025, at 10:04 AM, Amy Rusko <arusko@arlingtonwa.gov> wrote: Tony, I would suggest that you come and speak at the Public Hearing on May 20th before the Planning Commission, I think that is the best way to be heard and acknowledged. I can tell you that it is not a guarantee that the rezone will be approved. Also, any future development on the properties would have a lot of other requirements from code that would need to be met. One of these items would include major improvements to the transportation network of the entire neighborhood, which would include a new intersection at State Route 9 and Hazel, and they would have to address the one access point. Planning Commission Meeting and Public Hearing on May 20, 2025 Location: City Council Chambers – 110 E. 3rd Street, Arlington Time: 6:30 pm Sincerely, Amy Rusko <image001.png>Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic Development This message is from an External Sender This message came from outside the City of Arlington Phone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov18204 59th Ave NE, Arlington, WA 98223 From: A A <amausa3@gmail.com> Sent: Tuesday, May 6, 2025 9:49 AM To: Amy Rusko <arusko@arlingtonwa.gov> Subject: Re: Fir Lane Rezone - Notice of SEPA DNS and Notice of Public Hearing Wow, thank you for that informative response. I appreciate you taking the time to explain that to someone not involved in this field of work. I see that I don’t have the means or expertise to appeal. That being said, as a resident of this neighborhood I feel pretty powerless to with regard to this rezone. How else could I effect change and have my opinion heard? Tony On Tue, May 6, 2025 at 9:40 AM Amy Rusko <arusko@arlingtonwa.gov> wrote: Tony, What type of update are you looking for? Sorry, I did not see a question in your last email. If you would like to appeal the SEPA DNS Decision, then you will need to submit the appeal documents to our office per Arlington Municipal Code 20.98.210 and WAC 197-11-680, as stated in the SEPA Notice of Determination of Non- Significance and pay the appeal fee of $600, plus the actual cost of the Hearing Examiner (which will likely be between $1,000 - $3,000). You will need to state why you are appealing the non-project action Rezone based on environmental conditions. The rezone does not allow anything to be constructed on the site and is considered a non-project action by code. If building on the slope is your concern, then the city has development code regulations to protect against this This message is from an External Sender This message came from outside the City of Arlington Any future development on the property would be required to meet the City’s Critical Area Ordinance, which has requirements that does not allow construction on steep slopes and has requirements regarding wetlands. The city is not allowing any development to occur on the slope associated with these properties. Any future development on the site is required to establish a top of slope line from a surveyor/engineer that would come in with a development application site plan, then there is a buffer and building setback from that line. No development would be allowed to be constructed on the slope along these properties. The city is also not allowing development to occur on the property at the bottom of the slope and along the Burlington Northern Railroad property. Within a future Critical Area Report the property owner/applicant would need to include any wetlands on the properties and would have to abide by the regulations of the City’s Critical Area Ordinance and the Department of Ecology requirements. Planning Commission makes a recommendation and City Council makes the decision on whether the rezone is approved or denied. Sincerely, Amy Rusko <image001.png>Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic DevelopmentPhone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov18204 59th Ave NE, Arlington, WA 98223 From: amausa3@gmail.com <amausa3@gmail.com> Sent: Tuesday, May 6, 2025 8:45 AM To: Amy Rusko <arusko@arlingtonwa.gov> Subject: Re: Fir Lane Rezone - Notice of SEPA DNS and Notice of Public Hearing Any update on this? Sent from my iPhone On Apr 24, 2025, at 3:09 PM, A “Tony” A <amausa3@gmail.com> wrote: Good afternoon, I would like to appeal this decision. According to PDS map portal for Snohomish County half of these two parcels are split by a critical slope greater than 33 %. In addition the Map shows a modeled wetland area below the slope. Thank you, Tony Arena On Apr 22, 2025, at 4:59 PM, Amy Rusko <arusko@arlingtonwa.gov> wrote: Dear Party of Record – The City of Arlington has issued a Notice of SEPA DNS and Notice of Public Hearing for the Fir Lane Rezone – PLN #1303. Attached are the two notices and additional information can be found on the city’s website at the following link: Public Notices / Public Hearings | Arlington, WA Please review the attached notices for the public comment periods and the hearing date/time. Sincerely, Amy Rusko <image001.png>Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic Development Phone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov18204 59th Ave NE, Arlington, WA 98223 <20250418_PLN1303_ Fir_Lane_Rezone_SEPA_DNS_Signed.pdf> <20250418_PLN1303_Fir_Lane_Rezone_NOPH.pdf> This message is from an External Sender This message came from outside the City of Arlington From:Mary Wujick To:Amy Rusko Subject:Fir Lane Rezone Comprehensive Plan and Map Amendment Date:Wednesday, April 30, 2025 2:24:34 PM I would like to comment on the proposal by John Clarke/Shirley case to rezone 4 parcels on Fir Lane from Residential Low Capacity to Residential Moderate Capacity. I live on Hillcrest Drive. I have lived in this house for 51 years. As I write tI realize I am, most likely, the person who has lived in this neighborhood the longest. I have seen two large housing developments and zero changes in our infrastructure. This zoning change proposal would double the homes in our neighborhood and more than double the vehicles on our narrow roads. It would create a bottle neck of vehicles trying to go to and from their homes. It is time to put INFRASTRUCTURE FIRST!! Solve a problem, don’t create a traffic nightmare. Keep in mind we have Arlington Rehab, a medical facility, in our neighborhood. Emergency vehicles coming and going. I am against this rezone proposal. The City of Arlington has work to do before there should be zoning changes. We need infrastructure changes. Get Outlook for iOS This message is from an External Sender This message came from outside the City of Arlington From:Doug and Laurie Schmidt To:Amy Rusko Subject:Re: Fir Lane Rezone - Notice of SEPA DNS and Notice of Public Hearing Date:Thursday, May 1, 2025 8:58:41 AM Attachments:image001.png Amy, I am wondering what is different about his zoning request, from the previous one? It appears it is the entire area of Fir lane. Now there are rumors of 50 lots and an apartment building. None are a good idea! Leaving the zoning as is, allows more lots than the area can handle. As is, would also create issues, the additional traffic will be horrible.... There is little to no room on the west side of Hwy 9 for any road improvements. Adding any more lots, than is currently allowed to Fir Lane, would be ridiculous. Thank you, Doug Schmidt. 124 Marion Rental Property 126 Marion From: Amy Rusko <arusko@arlingtonwa.gov> Sent: Tuesday, April 22, 2025 4:59 PM Subject: Fir Lane Rezone - Notice of SEPA DNS and Notice of Public Hearing Dear Party of Record – The City of Arlington has issued a Notice of SEPA DNS and Notice of Public Hearing for the Fir Lane Rezone – PLN #1303. Attached are the two notices and additional information can be found on the city’s website at the following link: Public Notices / Public Hearings | Arlington, WA Please review the attached notices for the public comment periods and the hearing date/time. Sincerely, Amy Rusko Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic Development Phone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov18204 59th Ave NE, Arlington, WA 98223 This message is from an External Sender This message came from outside the City of Arlington From:Amy Rusko To:Stone, Jessica (DAHP) Subject:RE: City of Arlington - Notice of SEPA DNS for Rezones and Code Amendments (Fir Lane Rezone PLN 1303; DAHP 2025-05-03012) Date:Wednesday, May 7, 2025 9:31:00 PM Attachments:image001.png image002.png image003.png image004.png image005.png Jessica, Thank you for your comments on the Fir Lane Rezone – PLN #1303. The rezone is considered a non-project action as no development is proposed with the rezone. The city will reach out and consult with both the Stillaguamish Tribe and DAHP with any project proposal(s) for the properties within the rezone area. Sincerely, Amy Rusko Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic DevelopmentPhone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov18204 59th Ave NE, Arlington, WA 98223 From: Stone, Jessica (DAHP) <jessica.stone@dahp.wa.gov> Sent: Tuesday, May 6, 2025 3:22 PM To: Amy Rusko <arusko@arlingtonwa.gov> Subject: RE: City of Arlington - Notice of SEPA DNS for Rezones and Code Amendments (Fir Lane Rezone PLN 1303; DAHP 2025-05-03012) Dear Amy, Thank you for contacting the DAHP regarding the above-referenced project. We have no immediate cultural resource concerns within the project area. However, the Stillaguamish Tribe has a special interest in this area, therefore, we strongly recommend that you consult with the Tribe regarding this project if you have not already. Thanks again, Jessica Jessica Stone, Ph.D (she/her) Assistant State Archaeologist Email: jessica.stone@dahp.wa.gov| www.dahp.wa.gov Cell: (360) 890-2633 | Main Office: (360) 586-3065 Hours: 7:30–4:00 PST Monday–Friday Physical Address: 1110 S. Capitol Way, Suite 30, Olympia, WA 98501 Mailing Address: PO Box 48343, Olympia, WA 98504-8343 From: Amy Rusko <arusko@arlingtonwa.gov> Sent: Tuesday, April 22, 2025 4:51 PM To: Alex VanDuine <avanduine@lwsd.wednet.edu>; Andrea Pellham <apellham@snohd.org>; Weiss, Antonia <Antonia.Weiss@co.snohomish.wa.us>; Bob Hubenthal <Robert.hubenthal@dshs.wa.gov>; Ball, Brad <brad.ball@co.snohomish.wa.us>; Brad Zahnow <bzahnow@marysvillewa.gov>; Brian Lewis <blewis@asd.wednet.edu>; Chris Holland <cholland@marysvillewa.gov>; Clarissa Stenstrom <clarissa.stenstrom@snoco.org>; CNG Service <service@cngc.com>; Community Transit <sepa@commtrans.org>; Ong, Corinna <corinna.ong@co.snohomish.wa.us>; dmarks <dmarks@tulaliptribes-nsn.gov>; Klein, Darin M. (DOC) <darin.klein@doc1.wa.gov>; Anderson, Dawn <dawn.anderson@wsdot.wa.gov>; DFW R4Cplanning <R4Cplanning@dfw.wa.gov>; COM GMU Review Team <reviewteam@commerce.wa.gov>; EFSEC (EFSEC) <efsec@efsec.wa.gov>; Eric Heinitz <efheinitz@doc1.wa.gov>; Erika Harris <eharris@psrc.org>; Erin Kelly <erin.kelly@bnsf.com>; Haylie Miller <hmiller@marysvillewa.gov>; Joseph Norris <joseph.norris@usps.gov>; Julie Davis <jdavis@marysvillewa.gov>; K Nelson <knelson@tulaliptribes-nsn.gov>; Cooper, Kelly (DOH) <Kelly.Cooper@DOH.WA.GOV>; McLain, Kelly (AGR) <KAardal@agr.wa.gov>; Krista Gessner <kgessner@marysville.gov>; Covey, Larry (DSHS/FFA) <larry.covey@dshs.wa.gov>; Lucas Larson <llarson@snohd.org>; !Kline, Randy (PARKS) <Randy.Kline@PARKS.WA.GOV>; DNR RE SEPACENTER <SEPACENTER@dnr.wa.gov>; DAHP SEPA <sepa@dahp.wa.gov>; SEPA PSCAA <sepa@pscleanair.org>; DOH EPH SEPA <SEPA.reviewteam@doh.wa.gov>; Snohomish County Public Works <SPW-ExternalRFR@snoco.org>; Snohomish County PUD <cmmurphy@snopud.com>; Stacey Abbott <stacey.abbott@snoco.org>; Jolivette, Stephanie (DAHP) <stephanie.jolivette@dahp.wa.gov>; Steve Rice <srice@snohd.org>; THPO Stillaguamish Tribe <THPO@stillaguamish.com>; Todd Gray <toddgray@tulaliptribes-nsn.gov>; Waste Management <eniguidula@wm.com>; Wayne Wendell <wayne.wendell@ziply.com>; WSDOT Aviation <AviationLandUse@wsdot.wa.gov> Subject: City of Arlington - Notice of SEPA DNS for Rezones and Code Amendments External Email Dear SEPA Review Agencies – The City of Arlington has issued a Notice of SEPA DNS for the following Rezones and Code Amendments: Fir Lane Rezone York Park Rezone AMC Chapter 20.32 Non-Conforming Situations Code Amendment AMC Chapter 20.60 Utilities Code Amendment AMC Chapter 20.96 Amendments Code Amendment I have attached the Notice of SEPA DNS and SEPA Checklist for each non-project action to this email, additional documents can be found on the city’s website at the following link: Public Notices / Public Hearings | Arlington, WA The City invites affected agencies, tribes, and special districts to review the attacheddocuments for potential environmental impacts and provide the City Staff Contact with anycomments by the close of the comment period as indicated on the SEPA ThresholdDetermination. Agency comments are to be submitted to the City Staff Contact via email orthrough the postal service. Regardless of the method, the City asks that SEPA comments beprovided on their respective agency’s formal letterhead. Once received, comments will be made part of the official record on file with the City. After theclose of the comment period, the City will review all comments received, and may, at itsdiscretion, modify, or add conditions to mitigate for newly identified environmental impacts.Please note that the City will only accept written SEPA comments. Following City review, allSEPA comments received within the comment period will be forwarded directly to the projectapplicant. Comments received (or post-marked, if mailed) outside of the comment period will not beconsidered or made part of the record. The due date for this review is 5:00 pm on May 6, 2025. Sincerely, Amy Rusko Amy Rusko, AICP, CNU-ADeputy DirectorCommunity & Economic DevelopmentPhone: 360-403-3550Email: arusko@arlingtonwa.govWebsite: www.arlingtonwa.gov 18204 59th Ave NE, Arlington, WA 98223 From:Comcast To:Amy Rusko Subject:Comment - 2025 Fir Lane Rezone Date:Monday, May 19, 2025 4:46:03 PM This message is from an External Sender This message came from outside the City of Arlington Dear City of Arlington Planning Commissioners. My name is Erika Coghill and I reside at 607 Kona Drive. I am a lifetime Arlington resident and my husband and I have lived in our current home for over 25 years. Our home is near the property being proposed for this rezone and I have concerns about the impact this could have to our neighborhood. Our neighborhood is somewhat isolated as we have only one way in and out, and is accessed by a light at what I believe is still considered a temporary intersection at the corner of Highway 9 and Highland Drive. Our neighborhood is small, made up of single dwelling homes, many of which have been there for well over 50 years, and a rehab center. It is a quiet, self-contained area. I respect the fact that the property owners have the right to make this request and the fact that whether we like it or not, Arlington is growing. My concern really is about how we decide where we want a high number of dwellings, and do we want to designate property to be zoned for higher capacity, especially knowing there are safety concerns with access to the property, and the impact increased traffic would have on the intersection. The intersection currently is dangerous. Several weeks ago there was a head on collision at the intersection, resulting in a fatality. If you take a look at it, at certain spots the crosswalks are not visible to drivers. On the west side there are a number of large orange barriers guarding the crosswalk signal because it is hit on a regular basis. It is hard for pedestrians to use, there is no curb to stand on, and now they have to also get around the barriers. To get into or out of our area using Highway 9, the street has a sudden curve and access to the property in question is on the other side of this curve. I have been almost hit several times by drivers leaving that driveway as they try to also access the same intersection. Having watched the growth, I am well aware that infrastructure, like changing our intersection to a roundabout, often comes well after development of a property. If this area is rezoned, there is no going back. I understand from attending the last hearing about this rezone that issues with access would have to be addressed before any building of multiple dwellings is permitted. So my question is, why approve this rezone knowing that multiple buildings can’t be built at this time or in the foreseeable future? If the intent of the original property owner wanting this rezone is to only build one home, the current zoning allows this. I humbly ask that you think on what is the most prudent decision given the current circumstances of our area, and decide to not allow the rezone to happen at this time. Thank you. Erika Coghill City of Arlington Council Agenda Bill WS #5 Attachment COUNCIL MEETING DATE: June 9, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.32 Non-Conforming Situations ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Deputy Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: situations chapter of the code. The city created a new section that addresses nonconforming uses in the commercial corridor zone along Smokey Point Boulevard from 174th Street south to the city limits. This exception is due to the nature of the existing commercial uses in this area. HISTORY: and Economic Development Department has received multiple change of use requests for existing buildings within this area of the city and has been working around portions of our code to allow these uses to remain. For consistency and fairness of the code to property owners, it is in the best interest to amend the code on an interim basis to allow for certain changes and updates to the subject parcels and buildings. The proposed zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.32 and authorize the Mayor to sign the ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.32 OF THE ARLINGTON MUNICIPAL CODE REGARDING NONCONFORMING SITUATIONS UNDER CITY PLANNING NO. PLN 1293 WHEREAS, the city has proposed an update to the Nonconforming Situation regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 6, 2025 and at a public hearing conducted on May 20, 2025; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the same at a workshop held on June 9, 2025, a meeting on June 16, 2025, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. A new Arlington Municipal Code section 20.32.080 is hereby adopted to read as follows: 20.32.080 Nonconforming Uses in the Commercial Corridor Zone. The intent of this section refers to uses within the Commercial Corridor zone along Smokey Point Boulevard from 174th Street south to the city limits. This exception is due to the nature of the existing commercial uses in this area. (a)An existing commercial use is allowed to change the use within the building or property to an allowed commercial retail use within the Highway Commercial zone permissible use table, as long as no building additions or major exterior changes are made to the building or the site. In this case “major exterior changes” means changes to 50% or more of exterior building façade and/or site. (b)The applicant may choose to change the use on the property to comply with a commercial use portion that is allowed under the subject Transect per AMC Chapter 20.110 Mixed-Use ORDINANCE NO. 2025-XXX 2 Development Regulations. Building additions and exterior changes can be made to the building or the site if following AMC Chapter 20.110 for site plan, building placement, and architectural design. (c)Either option (a) or (b) above, may be utilized without providing the required residential use within the Commercial Corridor zone. (d)This section shall remain in place until this area begins to redevelop with additional pedestrian friendly development. At which time the city will remove this section from the chapter and all future development shall comply with the Commercial Corridor zoning as provided within AMC Chapter 20.110 Mixed-Use Development Regulations. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2025. CITY OF ARLINGTON ____________________________________ Don Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney Page 1 of 1 New or Renamed Table of Contents Code Sections: • New: 20.32.080 Nonconforming Uses in the Commercial Corridor Zone. New Language Sections: • This is a new section that allows for interim commercial only uses within the Commercial Corridor zone along Smokey Point Boulevard from 173rd Street south to the city limits to ensure new businesses and change of uses within existing buildings are not prohibited until a time when mixed-use development is more viable in the area. • When the area from 173rd Street south to the city limits is viable for mixed-use development then CED Staff will bring the code section back through Planning Commission and City Council to remove this section from the chapter. Updated Language Sections: • No complete sections were updated with this amendment. Removed Language Sections: • No complete sections were removed with this amendment. • None. This is a CED staff proposed update based on recent development proposals and talking with current property owners within this area. AMC Chapter 20.32 – Non-Conforming Situations Zoning Code Amendment Overview Summary - Amy Rusko, Deputy Director Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.32 Zoning Code Amendment – PLN #1293 Page 1 of 3 Community and Economic Development Planning Division th CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Deputy Director Meeting Date: June 9, 2025 Date Prepared: June 3, 2025 Regarding: 2025 AMC Chapter 20.32 Zoning Code Amendment – PLN #1293 A. INTRODUCTION The AMC Chapter 20.32 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the non-conforming situations chapter. Included with this staff report is the proposed code amendment (Attachment A). GENERAL INFORMATION Applicant: City of Arlington Project Description: 2025 AMC Chapter 20.32 Zoning Code Amendment Requested Action: City Council Approval B. DETAILED PROJECT INFORMATION The 2025 AMC Chapter 20.32 Zoning Code Amendment includes updates to the non-conforming situations chapter of the code. The city created a new section that addresses nonconforming uses in the commercial corridor zone along Smokey Point Boulevard from 174th Street south to the city limits. This exception is due to the nature of the existing commercial uses in this area. Staff Report & Recommendation AMC Chapter 20.32 Zoning Code Amendment – PLN #1293 Page 2 of 3 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/18/2025 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 4/22/2025 Comment Period – 4/22/2025 to 5/6/2025 Public comments received during the public comment period. Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/6/2025 Meeting: 5/20/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/20/2025 Deadline for 60-Day Review – 5/19/2025 Planning Commission Public Hearing 5/20/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/22/2025 City Council Public Meeting Presentations Workshop: 6/9/2025 Meeting: 6/16/2025 City Council Agenda Online City Council Email Distribution List 3. COMPREHENSIVE PLAN COMPLIANCE: Goal/Policy Goal Description Summary ED-3 Actively cooperate with other agencies and local businesses to support economic development. ED-3.1 Maintain a favorable business climate through fair and consistent implementation of City of Arlington regulations, a streamlined and predictable permit process, and excellent customer service. ED-8 Support economic development activities that enhance the quality of life for Arlington residents. ED-8.1 Identify and implement ways to provide services that will improve the quality of life for residents. Staff Report & Recommendation AMC Chapter 20.32 Zoning Code Amendment – PLN #1293 Page 3 of 3 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2025 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2025 Final Docket through Resolution 2025-003. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. Department of Commerce on March 20, 2025 for the standard 60-day review. Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the June 16, 2025 Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. (d) RECOMMENDATION Staff recommends the City Council approve the 2025 AMC Chapter 20.32 Zoning Code Amendment, PLN #1293. City of Arlington Council Agenda Bill WS #6 Attachment COUNCIL MEETING DATE: June 9, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.60 Utilities ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Deputy Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: of the code. The city updated the section on underground utilities and created a new section that addresses utility transformer boxes. HISTORY: and Economic Development Department has been getting push back on underground utilities, which resulted in the need to clarify the code language. Also, the placement of utility transformer boxes has not been part of the permitting process and causes aesthetic challenges from the street corridor aplacement and design. The The proposed zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.60 and authorize the Mayor to sign the ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.60 OF THE ARLINGTON MUNICIPAL CODE REGARDING UTILITIES UNDER CITY PLANNING NO. PLN 1297 WHEREAS, the city has proposed an update to the Utilities regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 6, 2025 and at a public hearing conducted on May 20, 2025; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the same at a workshop held on June 9, 2025, a meeting on June 16, 2025, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 20.60.450 shall be and hereby amended as follows: 20.60.450 Underground Utilities. (d) Nothing in this section nor any other section in relation to underground utilities shall apply to power lines carrying a voltage of 115 kV or more (transmission lines), nor shall it be construed to prohibit the placement of said mounted transformers, terminal pedestal, or other electrical and communications devices above ground, as determined by the appropriate utility service provider involved, except for Subsection (e) below. (e) All new development following the Mixed-Use Development Regulations is required to underground all utilities as listed in (a) above, along with transmission lines along all street frontages shall either be undergrounded or re-routed to the rear side of the buildings or property. The placement of all mounted transformers, terminal pedestal, or other electrical and communications devices that are proposed above ground shall be placed at the rear side Formatted: Font: (Default) +Body (Calibri), 8 pt, Ligatures: Standard + Contextual Formatted: Line spacing: Multiple 1.08 li Formatted: Justified, Indent: Left: 0", Space After: 8 pt, Don't add space between paragraphs of the same style, Line spacing: Multiple 1.08 li, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 4 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" ORDINANCE NO. 2025-XXX 2 of the building/property. The applicant shall provide a proposed utility plan to the city and obtain approval from the community and economic development director and/or his/her designee. The ﬁnal utility plan shall be approved with the Civil permit. Section 2. A new Arlington Municipal Code section 20.60.455 is hereby adopted to read as follows: 20.60.455 Utility Transformer Boxes. (a) All above ground utility transformer boxes abutting or seen from the public right-of-way shall be vinyl wrapped. The vinyl wrap shall meet the correlating subarea design theme and be approved by the community and economic development director or his/her designee. (b)New utility transformer boxes shall not be placed along the public street frontage or between the public right-of-way and buildings in the Commercial Corridor or Mixed-Use Overlay zone. In the Commercial Corridor and Mixed-Use Overlay zones the applicant shall work with the city and the public utility district to determine an approved location prior to installation of electrical power lines to the site and be approved on the Civil plans. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2025. CITY OF ARLINGTON ____________________________________ Don Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk Formatted: Font: (Default) +Body (Calibri), 12 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) +Body (Calibri), 12 pt, Ligatures: Standard + Contextual Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Space After: 8 pt, Line spacing: Multiple 1.08 li ORDINANCE NO. 2025-XXX 3 APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney Page 1 of 1 New or Renamed Table of Contents Code Sections: • New: 20.60.455 Utility Transformer Boxes New Language Sections: • 20.60.455 Utility Transformer Boxes o This is a new section that clarifies where utility transformers are required to be placed in the Commercial Corridor and Mixed-Use Overlay zones and requires all projects with above ground utility transformer boxes to be designed with a wrap to keep an aesthetics pleasing look from the public right of way. The Community and Economic Development Department has been requiring this but the code language is needed. Updated Language Sections: • 20.60.450 Underground Utilities o Updated and corrected the language to clarify the voltage of transmission lines. o A new portion was added to specify the utility requirements of new development using the mixed-use development regulations. Removed Language Sections: • No complete sections were removed with this amendment. • None. This is a CED staff proposed update based on recent private and public development proposals. AMC Chapter 20.60 – Utilities Zoning Code Amendment Overview Summary - Amy Rusko, Deputy Director Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.60 Zoning Code Amendment – PLN #1297 Page 1 of 3 Community and Economic Development Planning Division th CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Deputy Director Meeting Date: June 9, 2025 Date Prepared: June 3, 2025 Regarding: 2025 AMC Chapter 20.60 Zoning Code Amendment – PLN #1297 A. INTRODUCTION The AMC Chapter 20.60 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the utilities chapter. Included with this staff report is the proposed code amendment (Attachment A). GENERAL INFORMATION Applicant: City of Arlington Project Description: 2025 AMC Chapter 20.60 Zoning Code Amendment Requested Action: City Council Approval B. DETAILED PROJECT INFORMATION The 2025 AMC Chapter 20.60 Zoning Code Amendment includes updates to the utilities chapter of the code. The city updated the section on underground utilities and created a new section that addresses utility transformer boxes. Staff Report & Recommendation AMC Chapter 20.60 Zoning Code Amendment – PLN #1297 Page 2 of 3 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/18/2025 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 4/22/2025 Comment Period – 4/22/2025 to 5/6/2025 Public comments received during the public comment period. Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Workshop: 5/6/2025 Meeting: 5/20/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/20/2025 Deadline for 60-Day Review – 5/19/2025 Planning Commission Public Hearing 5/20/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/22/2025 City Council Public Meeting Presentations Workshop: 6/9/2025 Meeting: 6/16/2025 City Council Agenda Online City Council Email Distribution List 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal Description Summary CFU-3 Ensure capital facilities and utilities are provided consistent with Growth Management Act provisions and the concurrency management system provides public facilities through public and private development activities in a manner that is compatible with the fiscal resources of the City. CFU-3.1 Condition development permits on facilities being in place as the impacts of the development occur, or within six years (or sooner, depending on the facility), whichever is the greatest benefit to the City. A development permit includes any official City action that effects the permitting of land and the City is not obligated to approve per City regulations. The City should take into account the variation in the different types of development permits and be flexible in adherence. CFU-3.2 Any infrastructure improvements needed to serve a proposed development should be installed prior to the issuance of the related building permit. T-13 Consider the special needs of subarea transportation facilities including appearance and safety. T-13.2 Improving the appearance of existing corridors shall be a priority and primary objective in designing and maintaining the street system in Arlington. Appropriate design standards, including landscape requirements, for the the construction of new streets shall be maintained. Staff Report & Recommendation AMC Chapter 20.60 Zoning Code Amendment – PLN #1297 Page 3 of 3 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2025 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2025 Final Docket through Resolution 2025-003. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. Department of Commerce on March 20, 2025 for the standard 60-day review. Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the June 16, 2025 Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. (d) RECOMMENDATION Staff recommends the City Council approve the 2025 AMC Chapter 20.60 Zoning Code Amendment, PLN #1297. City of Arlington Council Agenda Bill WS #7 Attachment COUNCIL MEETING DATE: June 9, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.96 Amendments ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Deputy Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: chapter of the code. The city updated the chapter by splitting up the sections with new titles, proposed changes to the annual docket process, made minor clerical numbering changes, and added a new section for the comprehensive plan periodic update. HISTORY: and Economic Development Department has proposed to change the annual docket process to provide better service to the public, create a better work plan and flow for the city, and allow comprehensive plan commission and city council. This has been proven difficult over the past few years with then number of state legislative items and city-initiated items required to clean-up and keep the code organized in a well thought out manner. The addition of the comprehensive plan perecommended by the Department of Commerce during the 2024 comprehensive plan update process. The proposed zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.96 and authorize the Mayor to sign the ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.96 OF THE ARLINGTON MUNICIPAL CODE REGARDING AMENDMENTS UNDER CITY PLANNING NO. PLN 1299 WHEREAS, the city has proposed an update to the Amendments regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 6, 2025 and at a public hearing conducted on May 20, 2025; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the same at a workshop held on June 9, 2025, a meeting on June 16, 2025, and considered them along with the Planning Commission recommendations; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 20.96 Amendments shall be and hereby amended as follows: Part I: General Requirements 20.96.010 Amendments in General. 20.96.015 Minor Corrections Exempt 20.96.020 Initiation of Comprehensive Plan and Zoning Map Amendments. Part II: Comprehensive Plan and Zoning Map Amendment Docket Procedures 20.96.022 Docketing Procedures - Comprehensive Plan Amendments. 20.96.024 Selection and Decision Criteria - Comprehensive Plan Amendments. 20.96.026 Selection and Decision Criteria - Text and Zoning Map Amendments. 20.96.030 Docketing Procedures – Comprehensive Plan and Zoning Map Amendments. 20.96.040 Public Hearings on Comprehensive Plan or Zoning Map Amendments. 20.96.050 Planning Commission Consideration of Proposed Comprehensive Plan and Zoning Map Amendments. Formatted: Space Before: 6 pt, After: 2 pt ORDINANCE NO. 2025-XXX 2 Part III: Comprehensive Plan and Zoning Map Amendment Procedures 20.96.060 Selection and Decision Criteria - Comprehensive Plan and Zoning Map Amendments. 20.96.070 Council Action on Comprehensive Plan and Zoning Map Amendments. 20.96.080 Ultimate Issue Before Council on Amendments. Part IV: Development Regulation Docket Procedures 20.96.100 Docketing Procedures - Amendments to Development Regulations Part V: Development Regulation Amendment Procedures 20.96.110 Notice to Department of Commerce 20.96.120 Public Hearings on Development Regulation Amendments 20.96.130 Planning Commission Review of Development Regulation Amendments. 20.96.140 City Council Decision Criteria - Development Regulation Amendments. Part VI: Comprehensive Plan Periodic Update Procedures 20.96.150 20.96.150 Who Must Complete the Periodic Update. 20.96.160 20.96.160 Regional Requirements. 20.96.170 20.96.170 When the Periodic Update is Due. 20.96.180 20.96.180 Mandatory Topics to Review and Revise 20.96.190 Review and Update Process Section 2. Arlington Municipal Code section 20.96.010 shall be and hereby amended as follows: (c) With the exception to those instances listed in AMC 20.96.015, the comprehensive plan may not be amended more than once a year (RCW 36.70A.130) and therefore requests for amendments will be deferred to the time of an annual public hearing. Only amendments submitted no later than the last working day of January each calendar year will be reviewed for the annual cycle. (d) The annual comprehensive plan amendment cycle begins with the application period. Application for consideration of proposals to amend the Comprehensive Plan initiated by the public must be made by August 31st (August 1st to August 31st) in order to be considered in the immediately following year’s Annual Comprehensive Plan Amendment Work Plan. (1) A property owner or authorized agent of the property may proposed a site-specific amendment to the Comprehensive Plan or Development Regulations. (2) Any person or entity may propose a non-site-specific amendment to the Comprehensive Plan or Development Regulations. (3) The preliminary annual docket shall be reviewed by Planning Commission in October of each year, along with a public hearing on each docket item. (4) The final annual docket shall be reviewed by City Council in November of each year, along with a final decision on each docket item. (de) Exceptions to Annual Cycle. Amendments to the comprehensive plan may be considered more frequently than once per year in any of the following circumstances: (1) Resolution of an emergency condition or situation. Council shall confirm the Director’s finding that such an emergency exists. (2) Resolution of a decision by an administrative agency or court of competent jurisdiction. (3) For any reasons specified in RCW 36.70A.130(2), as hereinafter amended. Formatted: Space Before: 6 pt Formatted: Space Before: 2 pt Formatted: Font: 12 pt, Font color: Auto, Check spelling and grammar Formatted: Normal, Space Before: 6 pt, After: 2 pt Formatted: Default Paragraph Font, Font: Arial, 10 pt Formatted: Space After: 6 pt Formatted: Space Before: 6 pt Formatted: Space After: 2 pt Formatted: Space After: 2 pt Formatted: Justified, Line spacing: Exactly 12.6 pt Formatted: Underline, Not Expanded by / Condensed by , Not Raised by / Lowered by Formatted: Underline, Not Expanded by / Condensed by , Not Raised by / Lowered by Formatted: Underline, Not Expanded by / Condensed by , Not Raised by / Lowered by Formatted: Underline, Not Expanded by / Condensed by , Not Raised by / Lowered by Formatted: Space Before: 0 pt Formatted: Condensed by 0.2 pt, Lowered by 0.5 pt Formatted: Font: (Default) +Body (Calibri), Superscript Formatted: Font: (Default) +Body (Calibri), Superscript Formatted: Font: (Default) +Body (Calibri), Superscript ORDINANCE NO. 2025-XXX 3 Section 3. Arlington Municipal Code section 20.96.080 shall be and hereby amended as follows: In deciding whether to adopt a proposed amendment to the comprehensive plan or zoning map, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the presiding official and excluded. In particular, when considering proposed map or zoning amendments: (1a) The council shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. (2b) The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change but shall consider the impact of the proposed change on the public at large. (3c) The council shall consider comprehensive plan amendments and zoning map amendments as recommended by the planning commission using the criteria established in Section 20.96.060. If there are substantial changes to the proposed amendments after the public hearing by the planning commission, a second public hearing before the council may be required. If there are no substantial changes, the council may choose whether or not to hold another public hearing. The city shall transmit a copy of the comprehensive plan amendments to department of commerce within ten days of the city council's final adoption. Section 4. Arlington Municipal Code section 20.96.140 shall be and hereby amended as follows: The city council's approval, modification, deferral, or denial of a development regulation amendment proposal shall be based on the following criteria: (1a) The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, the multicounty planning policies, county planning policies, and the Growth Management Act, RCW Chapter 36.70A; and (2b) The proposed change is necessary to further the public interest based on present needs and conditions. Section 5. Arlington Municipal Code section Part VI: Comprehensive Plan Periodic Update Procedures shall be and hereby amended as follows: Part VI: Comprehensive Plan Periodic Update Procedures The Growth Management Act (GMA), first adopted in 1990, is a series of statutes developed to address ways to accommodate growth. The GMA requires cities and counties to complete comprehensive plans and development regulations to guide future growth. All jurisdictions are also required to protect critical environmental areas and conserve natural resource lands. Under the GMA, every county and city in the state is required to conduct a thorough periodic update of its comprehensive plan and/or development regulations that are consistent with, and implement the plan. The obligation for a periodic update varies depending on whether the jurisdiction is fully or partially planning. ORDINANCE NO. 2025-XXX 4 20.96.150 Who Must Complete the Periodic Update. The City of Arlington is a fully planning city that must complete the periodic update for their entire comprehensive plan and development regulations within the designated timeframe. Drafts must be submitted to the Department of Commerce for stakeholder 60-day review, followed by final update deliverables submitted to Commerce within 10-days of final adoption. 20.96.160 Regional Requirements. (a) Buildable Lands Program. The review and evaluation of the Buildable Lands Program is listed under RCW 36.70A.215 and requires Snohomish County to establish a program in their Countywide Planning Policies (CPPs) to identify the methodology, data collection, and interagency agreements to guide the completion of a Buildable Lands Report every ten years. This report is due no later than two to three years, as specified by RCW 36.70A.215, to the due date of the periodic review. The Buildable Lands Reports are a look back on the actual development trends, patterns, and densities, to determine if cities and counties have designated adequate amounts of residential, commercial, and industrial lands to meet the growth needs incorporated in their comprehensive plans. (b) Multicounty Planning Policies (MPPs) in Central Puget Sound. These are developed through a VISION plan, which is a shared regional plan for moving toward a sustainable future in King, Kitsap, Pierce, and Snohomish counties. The VISION plan provides multicounty planning policies, actions, and regional growth strategy guide how and where the region grows through each 20 year planning period. To help coordinate regional and local planning efforts, the Puget Sound Regional Council (PSRC) works with countywide planning groups, local jurisdictions, transit agencies, and others to ensure that adopted regional policies and provisions are addressed in local plans. State law requires PSRC to review and certify countywide planning policies, local comprehensive plans, and Sound Transit’s long-range plans for the counties mentioned above and the cities within them. Early coordination with PSRC helps local plans to be consistent with the VISION plan and state planning requirements well in advance of final adoption and PSRC certification. 20.96.170 When the Periodic Update is Due. The Legislature established a deadline schedule for periodic updates in RCW 36.70A.130. The city must complete the periodic update by the dates provided in this section and every ten years after that. The city is required to submit completed Update materials by June 30th of their respective year, unless altered by the Legislature. 20.96.180 Mandatory Topics to Review and Revise (a) Amendments to GMA. The primary purpose of the periodic update is to ensure local plans and regulations are consistent with recent changes to state law and updates to countywide planning policies, and to update information such as population changes and infrastructure investments and needs. Although the basic structure of the GMA has remained intact over the years, the state legislature has amended frequently. Commerce reviews and updates the administrative rules for the GMA and typically finalizes rulemaking two years prior to the update cycle so that local governments have clear guidance on how to implement GMA requirements. (b) Urban Growth Areas and Population Projections. Cities that fully plan under the GMA must include within their UGA’s sufficient areas and densities to accommodate projected population and employment growth. In addition, cities must include sufficient areas to accommodate the broad range of needs and uses that will accompany the projected urban growth, including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses. The GMA requires that the city use twenty-year Formatted: Font: (Default) +Body (Calibri), Underline Formatted: Font: (Default) +Body (Calibri), Superscript Formatted: Indent: Left: 0", Space After: 3 pt, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" ORDINANCE NO. 2025-XXX 5 population projections from the Washington State Office of Financial Management (OFM). These projections are developed every five years and are typically published two years prior to the due date of the update cycle. (c) Mandatory Elements of the Comprehensive Plan. Fully planning cities must include, at a minimum, the following mandatory elements in a comprehensive plan, as outlined in RCW 36.70A.070. All elements must be consistent with each other and the future land use map. (1) Land Use (2) Housing (3) Capital Facilities Plan (4) Utilities (5) Transportation (6) Economic Development (7) Parks and Recreation (8) Climate Change and Resiliency (d) Optional Elements of the Comprehensive Plan. Fully planning cities may include any optional elements in a comprehensive plan, as outlined in RCW 36.70A.080. Including, but not limited to the following: (1) Conservation (2) Solar Energy (3) Recreation (4) Subarea Plan (e) Development Regulations. As defined in the GMA under RCW 36.70A.030, “Development Regulations” means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical area ordinances, shoreline master programs, official controls, subdivision ordinances, and binding site plan ordinances. In communities that are planning under GMA, development regulations are required to be consistent with adopted comprehensive plans. (f) Critical Areas. The GMA requires all cities to review and evaluate critical areas ordinances during the periodic update. The GMA requires that best available science (BAS) be included in developing regulations that protect critical area functions and values. The city shall review the guidance published by the Department of Ecology and Department of Fish and Wildlife for local communities. (g) Resource Lands. As defined in RCW 36.70A.030 are agriculture, forest, and mineral lands. The city shall adopt development regulations to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. 20.96.190 Review and Update Process The Department of Commerce provides guidance through the following steps when completing the periodic update, though this is not intended to be an exhaustive list of all requirements a local jurisdictions may need to complete in order to finalize the periodic review of comprehensive plans and development regulations. (a) Create a Work Program. (b) Tribal Participation in Planning. (c) Capital Facilities Data Gathering and Planning. (d) Initiate County-City Collaboration. (e) Begin Review of Existing Regulations. Formatted: Indent: Left: 0.31", Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 0.31", Space After: 3 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 0.31", Space After: 3 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 0", Space After: 3 pt, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" ORDINANCE NO. 2025-XXX 6 (f) Develop a Community Engagement Plan. (g) Conduct SEPA Environmental Review and Checklist. (h) Draft Staff Reports and Maps. (i) Issue Public Notices. (j) Make SEPA Determination. (k) Submit Notice to Commerce for 60-Day Review. (l) Take Legislative Action. (m) Submit Notice of Adoption to Commerce and Publish Updates. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 7. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2025. CITY OF ARLINGTON ____________________________________ Don Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney Page 1 of 1 New or Renamed Table of Contents Code Sections: • New: o Part I: General Requirements o Part II: Comprehensive Plan and Zoning Map Amendment Docket Procedures o Part III: Comprehensive Plan and Zoning Map Amendment Procedures o Part IV: Development Regulation Docket Procedures o Part V: Development Regulation Amendment Procedures o Part VI: Comprehensive Plan Periodic Update Procedures New Language Sections: • Part VI: Comprehensive Plan Periodic Update Procedures o This is a new section that provides procedures the city must follow when completing the comprehensive plan periodic update. Updated Language Sections: • 20.96.010 Amendments in General o This section has been updated to show the proposed annual docket timeline change from January of each year to the August prior to the docket year and provides set annual dates for Planning Commission and City Council to review, recommend and approve the next year’s docket items. • 20.96.080 Ultimate Issue Before Council on Amendments o Updated the numbering from numerical to alphabetical to match the rest of the chapter. • 20.96.140 City Council Decision Criteria – Development Regulation Amendments o Updated the numbering from numerical to alphabetical to match the rest of the chapter. Removed Language Sections: • No complete sections were removed with this amendment. • None. This is a CED staff proposed update based on internal review of procedures for the annual docket. The Department of Commerce recommended including the periodic update procedures in the zoning code. AMC Chapter 20.96 – Amendments Zoning Code Amendment Overview Summary - Amy Rusko, Deputy Director Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.96 Zoning Code Amendment – PLN #1299 Page 1 of 3 Community and Economic Development Planning Division th CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Deputy Director Meeting Date: June 9 2025 Date Prepared: June 3, 2025 Regarding: 2025 AMC Chapter 20.96 Zoning Code Amendment – PLN #1299 A. INTRODUCTION The AMC Chapter 20.96 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the amendments chapter. Included with this staff report is the proposed code amendment (Attachment A). GENERAL INFORMATION Applicant: City of Arlington Project Description: 2025 AMC Chapter 20.96 Zoning Code Amendment Requested Action: Recommendation to City Council B. DETAILED PROJECT INFORMATION The 2025 AMC Chapter 20.96 Zoning Code Amendment includes updates to provide procedures for processing comprehensive plan periodic updates and proposing a new annual docketing process. Staff Report & Recommendation AMC Chapter 20.96 Zoning Code Amendment – PLN #1299 Page 2 of 3 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/18/2025 Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 4/22/2025 Public comments received during the public comment period. Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/6/2025 Meeting: 5/20/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/20/2025 Deadline for 60-Day Review – 5/19/2025 Planning Commission Public Hearing 5/20/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/22/2025 City Council Public Meeting Presentations Workshop: 6/9/2025 Meeting: 6/16/2025 City Council Agenda Online City Council Email Distribution List 3. WASHINGTON ADMINISTRATIVE CODE: WAC Number Description WAC 365-196-610 Periodic review and update of comprehensive plans and development regulations. Staff Report & Recommendation AMC Chapter 20.96 Zoning Code Amendment – PLN #1299 Page 3 of 3 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2025 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2025 Final Docket through Resolution 2025-003. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. Department of Commerce on March 20, 2025 for the standard 60-day review. Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the June 16, 2025 Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. (d) RECOMMENDATION Staff recommends the City Council approve the 2025 AMC Chapter 20.96 Zoning Code Amendment, PLN #1299. City of Arlington Council Agenda Bill WS #8 Attachment June 9, 2025 Revisions to Arlington Municipal Code Title 15, Amendments to sections of the International Fire Code, New Ordinance Community and Economic Development; Marc Hayes, Director EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: BUDGETED AMOUNT: -0- LEGAL REVIEW: DESCRIPTION: 15.24.040-Fire Sprinkler Systems is proposed to be added. This section provides for the requirement to have sprinkler systems installed in all new construction, including one- and two-family dwellings. This is in anticipation of the upcoming development of single family detached homes that will be built in locations having significant topography that may increase the response time of Fire/EMS apparatus due to the proposed grades of the roadways. The installation of sprinkler systems in all new construction also enables us to evaluate the reduction of roadway widths, substantially reducing the initial cost of installation by the developer and the overall maintenance cost incurred by the city in perpetuity. Remand to staff for additional information. to sign the ordinance. ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING TITLE 15 OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO FIRE REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare and safety of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Title 15, relating to fire regulations. NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code (AMC) Title 15 shall be amended to read as set forth in Exhibit “A” hereto. Section 2. 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 3. Effective Date. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 16th day of June, 2025. CITY OF ARLINGTON ___________________________________ Don E. Vanney, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Oskar Rey City Attorney EXHIBIT A 15.24.040 - Fire Sprinkler Systems A. The following regulations constitute general requirements for fire sprinkler systems: 1. All approved fire sprinkler systems shall meet the requirements of the most current version of the International Fire Code, International Building Code, International Residential Code and the applicable NFPA standards. All systems shall have an adequate water supply, system of piping, and sprinkler heads designed to discharge water on a fire at an appropriate time and in an effective manner, and be installed in conformance with NFPA 13, 13D and 13R requirements. All underground sprinkler supply piping shall be included on civil drawings and shall be approved by the city of Arlington fire code official. B. For the purposes of this section, building area, as defined in the IFC, shall apply. C. Where Required. An approved fire sprinkler system shall be required in the following structures: 1. Commercial. An area separation wall or fire wall, or occupancy separation or firebarrier wall, or a distance of 10 feet (3,048 mm) or less shall not constitute separation between two commercial structures on the same property. 2. In any non-habitable structure where the building area is 3,000 square feet or more. These can include bus and transit shelters, covered pedestrian paths, and similar structures not attached to or within 10 feet (3,048 mm) of buildings. i. Exception: Fire sprinklers are allowed to be omitted under roof structures when all of the following conditions exist: a. Roof structures are stand-alone, detached, and built with noncombustible building materials. b. Used to provide weather protection for people. Commented [ER1]: Should this be “new commercial” to EXHIBIT A c. Are open on greater than 50 percent of the perimeter sides to allow ventilation of heat and smoke. d. Are not intended to store combustibles or have combustible materials contained beneath the roof line. The roof structure shall not extend over any transit vehicle or curb. e. When no other code or applicable standard requires fire sprinklers. 3. In any structure where the calculated fire flow demand exceeds available flow. 4. In buildings with an A-2 occupancy where one or more of the following exists: a. An occupant load greater than 100. b. An A-2 fire area is located on a floor other than the level of exit discharge. 5. All nightclubs, defined as follows: Nightclub. An A-2 occupancy use under the 2021 International Building Code in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds 350 square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls. 6. In any building with an assembly occupancy where the total occupant load of the building is over 200. 7. Existing commercial buildings where one of the following applies: Additions resulting in a gross area greater than 3,000 square feet, or Sprinklers may be required in buildings that undergo a change of use or occupancy. Refer to the International Fire Code Section 102.3. 8. Residential - One- and Two-Family Dwellings. a. Any new one- and two-family dwellings and townhouses as described in the International Residential Code in accordance with Section 903.3.1.3 of the International Fire Code, 2021 Edition. b. Existing detached one- and two-family dwelling units where Commented [ER2]: Additions to existing commercial buildings resulting in a gross area greater than 3,000 or commercial buildings that undergo a change of use or occupancy. Refer to IFC EXHIBIT A additions result in a structure that exceeds the available fire flow. c. When a new ADU is attached to, or constructed within, an existing single family home. i. Exception: When the ADU and existing single-family home are separated in accordance with the International Residential Code, Section 302.3. d. Exception: Fire sprinklers are allowed to be omitted in any mobile home or manufactured home. i. This exception is limited to this subsection, and nothing herein exempts a mobile home or manufactured home from any other requirement to install an approved automatic fire sprinkler system under any other section or subsection of this code or of any international code adopted by the City. e. In any one- and two-family dwelling unit that will be newly licensed as an adult family home. f. Where required elsewhere by the Arlington Fire Code or the International Building Code.