Loading...
HomeMy WebLinkAbout12-13-10 Council Workshop SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN 1. (10 min) WSDOT Contract for utility work @ SR9/SR531 intersection ATTACHMENT A 2. (10 min) Ordinance for Adoption of Stormwater Rate Increase ATTACHMENT B 3. (10 min) Ordinance for 2010 Budget amendments ATTACHMENT C 4. (30 min) Draft West Arlington Sub Area Plan ATTACHMENT D 5. (5 min) AMC 2.xxx – Hours of Operation ATTACHMENT E 6. (5 min) AMC 2.72 –Ordinance for Bidding Procedure / Small Works Roster ATTACHMENT F 7. (5 min) AMC 5.04 – Ordinance for Peddlers & Solicitors ATTACHMENT G 8. (10 min) Prosecutor Contract ATTACHMENT H 9. (20 min) Parking Discussion 10. Miscellaneous Council Items ADJOURNMENT Arlington City Council Workshop December 13, 2010 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL WORKSHOP DATE: December 13, 2010 SUBJECT: Contract with WSDOT for Construction /Construction Management at SR9-SR531 Intersection DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: No attachment, handout of construction cost estimate and draft contract at workshop EXPENDITURES REQUESTED: $575,026 (Estimate – included in 2011 Budget) BUDGET CATEGORY: Water Capital Fund (405) $ 306,608 Sewer Capital Fund (406) $ 268,418 LEGAL REVIEW: Pending review by City Attorney DESCRIPTION: Contract with WSDOT for construction and construction management services for the relocation of an existing City owned water main that is within the WSDOT ROW and for the installation of a new sanitary sewer main to serve parcels adjoining the SR9/SR-531 intersection (NE, SE, and SW corners). HISTORY: WSDOT is in the process of converting the SR9-SR531 intersection from a signal controlled intersection to a roundabout. This is a fully funded WSDOT project and will be bid in spring 2011. The City of Arlington has a 12-inch water main in this intersection that has to be relocated in order for WSDOT to perform their work. In accordance with WSDOT ROW agreements and state law, any utility relocation costs must be borne by the utility owner (the City). The City contracted with WSDOT to perform the water main relocation design and to specify a 16- inch water main to accommodate future City growth. The City also coordinated with WSDOT to include a 12-inch sanitary sewer to serve development in the vicinity of the intersection. WSDOT has completed the design, specification, and cost estimate for the water and sewer utility work and will include this work with the larger intersection project. The proposed WSDOT-COA contract allows WSDOT to proceed with the utility construction and bill the City for its share of the utility construction. ALTERNATIVES: None. RECOMMENDED ACTION: No action requested, workshop only. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL WORKSHOP DATE: December 13, 2010 SUBJECT: Proposed Stormwater Rate Ordinance (DRAFT) DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: - Draft Stormwater Rate Ordinance EXPENDITURES REQUESTED: No expenditure BUDGET CATEGORY: N/A LEGAL REVIEW: Pending Final Review by City Attorney DESCRIPTION: As shown in the recently completed Stormwater Comprehensive Plan, the City needs to increase Stormwater Utility rates to fund needed Stormwater programs and capital improvement activities required by the state issued NPDES, Phase 2 permit. HISTORY: Following the two public hearings, City Council has requested staff to increase the stormwater rates based on rate increase scenario 2 (a gradual increase over three years) and to cap the annual CPI increase at 2 percent. Staff has drafted a Stormwater Rate Ordinance amending Arlington Municipal Code 13.12 to reflect this request. ALTERNATIVES: - Table for further discussion RECOMMENDED ACTION: - No action requested, workshop only. 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REGARDING MONTHLY STORMWATER CHARGES WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington has been issued a National Pollutant Discharge Elimination System (NPDES) Phase 2 stormwater permit by the Washington State Department of Ecology which increases regulatory requirements on the City; and WHEREAS, the City of Arlington has identified a capital improvement program for continued/improved stormwater management; and WHEREAS, the City of Arlington continues to examine equitable monthly stormwater charges, and believes that amending the current monthly stormwater charges is necessary and fair to equitably allocate stormwater system charges ; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. Arlington Municipal Code section 13.12.900 500 shall be and hereby is modified amended to read as follows: 13.12.900 500 Classifications, rates, charges and rules for stormwater service. The classifications, rates and charges for stormwater service and the rules governing such service are fixed as follows in Sections 13.12.910 510 through 13.12.070550, and shown in Tables 2 and 3 below. Section 2. Arlington Municipal Code section 13.12.510 shall be and hereby is amended to read as follows: 13.12.910 510 Classification of property. The utility City Engineer shall estimate or measure the impervious area of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent service units (ESUs), as defined in section 13.28.050(m), that are contained therein; six thousand square feet of impervious area shall equal one ESU. See Table 2. (a) All single-family residences, duplexes and triplexes are deemed to contain one ESU per dwelling unit. Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 2 (b) For all other developed real properties, including multifamily, condominiums and mobile home parks, the utility shall determine the number of ESUs contained thereon by dividing the number of square feet of impervious area on each property by six thousand; the total thus obtained will be rounded to the nearest whole number representing the ESUs contained on such property. (c) Each developed parcel of property shall be deemed to contain a minimum of one ESU. Credits shall not reduce this minimum. Table 2. Property Classification and ESUs for Stormwater Rate Assessment Stormwater Property Classification Number of ESUs Exempt N/A Undeveloped 0 Residential, SFR 1 Residential, Duplex 2, 1 per dwelling unit Residential, Triplex 3, 1 per dwelling unit Residential, Homeowners’ Assoc & Common Areas Impervious area / 6000 sf Residential, Multi-family (apartments, condominiums, mobile home parks) Impervious area / 6000 sf School Impervious area / 6000 sf Commercial, Institutional, Other Impervious area / 6000 sf Irrigation 0 Industrial Impervious area / 6000 sf (c) Section 3. Arlington Municipal Code section 13.12.520 shall be and hereby is amended to read as follows: 13.12.920 520 Charges based on impervious areaReal property in an undeveloped condition. In accordance with the policy established in Section 13.28.090, the service charge shall be determined by the amount of impervious area contained on each parcel of real property. Those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property. Section 4. Arlington Municipal Code section 13.12.530 shall be and hereby is amended to read as follows: 13.12.930 530 Property exempt from service charges. The following special categories of property are exempt from service charges: (a) City street rights-of-way; Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Comment [B1]: JXK – This should probably come out………it is not needed and it implies that the Stormwater Utility will not charge other properties is they contain all stormwater on their property. Formatted: Font: (Default) Times New Roman Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 3 (b) State of Washington highway rights-of-way and Snohomish County road rights-of-way so long as the state of Washington and Snohomish County shall agree to maintain, construct and improve all drainage facilities contained within such rights-of-way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city. Table 2. Property Classification and ESUs for Stormwater Rate Assessment Stormwater Property Classification Number of ESUs Exempt N/A Undeveloped 0 Residential, SFR 1 Residential, Duplex 2, 1 per dwelling unit Residential, Triplex 3, 1 per dwelling unit Residential, Homeowners’ Assoc & Common Areas Impervious area / 6000 sf Residential, Multi-family (apartments, condominiums, mobile home parks) Impervious area / 6000 sf School Impervious area / 6000 sf Commercial, Institutional, Other Impervious area / 6000 sf Irrigation 0 Industrial Impervious area / 6000 sf Section 5. Arlington Municipal Code section 13.12.540 shall be and hereby is amended to read as follows: 13.12.940 540 Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (a) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (b) Beginning on January 15, 2014, the rates set forth for the year 2013 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, with a maximum of two percent, or other measure commonly used by the city should it change; provided, Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 4 however, that no annual increase shall exceed two (2.0) percent; and provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Table 3. Monthly Stormwater Service Charge Rates Stormwater Charges (Monthly) 2011 RATE 2012 RATE 2013 RATE 2014 RATE 2015 RATE Base rate per ESU 4.75 5.82 $6.89 $7.03 $7.17 (c) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Arlington Municipal Code section 13.12.550 shall be and hereby is amended to read as follows: 13.12.950 550 Credit potential for private, on-site control facilities on non single-family properties and school facilities. (a) The utility may grant a credit for private, on-site control facilities that benefit the overall stormwater system. Details pertaining to eligibility and applying for a credit are detailed in the Stormwater Credit Manual as defined in section 13.28.050(dd). The eligibility of the credit shall be reviewed on an annual basis to ensure proper maintenance of said private facilities. The administrator of the utility shall determine the forms, requirements and process for determining eligibility. (b) The utility shall grant public schools additional credit upon receipt of an acceptable curriculum showing how the district provides education regarding stormwater issues. Each site owned and operated by the district in support of education shall be eligible for this credit in addition to any site-specific credits also available for individual sites. Credit requirements shall be as established in the Stormwater Credit Manual as defined in section 13.28.050(dd), The administrator of the utility shall determine the forms, requirements and process for determining eligibility. Section 7. 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 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, Underline Formatted: Indent: Left: 0.25", First line: 0.5" Formatted: Underline Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Normal (Web), Justified, Indent: Left: 0.5", First line: 0", Space Before: 24 pt, After: 12 pt, Line spacing: Multiple 1.15 li, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: 0.8", Left Formatted: Font: 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: 11 pt Formatted: Font: Bold Formatted: Indent: First line: 0" 5 ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 8. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication ; provided, however, that the rates and charges set forth in section 5 shall become effective on January 15, 2011. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2010. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney (b) Formatted: Font: Bold Formatted: No bullets or numbering City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Amending the 2010 budget DEPARTMENT OF ORIGIN: Contact: Allen Johnson, Executive, 403-3443 Jim Chase, Finance, 403-3422 ATTACHMENTS: 1. Ordinance amending the 2010 annual budget to provide for increased spending authority EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Breakdown attached LEGAL REVIEW: Ordinance has been reviewed by City Attorney DESCRIPTION: Each year budget adjustments are proposed to reflect expenditures that were unforeseen and changes that have occurred since the original budget was adopted. This is a housekeeping item in that revenues have been received and expenditures approved throughout the year. This is the final budget piece for 2010. HISTORY: The major portion of the proposed amendments include the sale of LTGO Bonds in August to refinance the 2001 bonds and provide financing for airport land purchase and improvements to Fire St. 46. The remaining amounts of the amendment provide for variety of items and in a variety of Funds. All items are listed in detail on the attachment to this document. ALTERNATIVES If the amendment is not done we will be out of compliance with state law. RECOMMENDED ACTION: There is no action at this time. 1 ORDINANCE NO. 2010-______ AN ORDINANCE AMENDING THE 2010 ANNUAL BUDGET OF THE CITY OF ARLINGTON BY PROVIDING SUPPLEMENT THERETO; PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY, AND DECLARING AN EMERGENCY WHEREAS, staff has identified the need to make certain revisions to the 2010 Annual Budget that were not foreseen when Ordinance No. 1477 was adopted on December 7, 2009, and WHEREAS, this ordinance was introduced with proper notice, and citizens were given the opportunity to comment, and WHEREAS, because this will require increasing the appropriation level in one or more funds, an amendment is needed, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: Section 1. Pursuant to RCW 35A.33.090, an emergency is declared to exist and the 2010 Budget is hereby amended to provide for adjustments to revenues and expenditures, and by providing authority for any necessary transfers of money within or between funds as indicated in the “Changes” column on the attached Exhibit “A”. Section 2. That the attached is a summary of the amended budget for the year 2010 for the City of Arlington and that copies of the detailed amended budget are available to any interested taxpayer at the Finance Department, City Hall, Arlington, Washington. Section 3. This ordinance shall be in full force and effect after its passage, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 20th day of December, 2010. CITY OF ARLINGTON ____________________________________ Mayor 2 ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney 2010 BUDGET AMENDMENTS GENERAL FUND CHANGE Legislative 12,000 Official publication and voter registration costs Criminal Justice 62,000 Increase in Jail fees Executive 112,800 Emergency Management Coordinator salary & benefits Finance 67,000 Increase due to monthly billing, financial software purchase, intern salary. Rcvd reimbursement from WFOA for Intern salary Legal 20,000 Original budget low Personnel 31,000 Fire Chief Search was not in 2010 original budget Law Enforcement 90,000 Overtime budgeted too low, LEOFF 1 Medical claims & increase Sno-Pac services Fire Dept 60,000 Original overtime budget too low Non-Expenditures 88,000 These fees are based on traffic/criminal citations (non- revenues) and remitted to State. Debt Service 4,065,000 Debt paid directly from General Fund instead of Debt Service Fund/advance refunding of 2001 LTGO Bonds Other Financing Uses 617,000 Transfers to Street & REET funds TOTAL GENERAL FUND 5,224,800 OTHER FUNDS CHANGE Engineering 120,000 Hiring of FT Engineer/Menglou SL cashout & Kelli Hale Consulting Growth Fund 65,400 Graffstra interest payments Emergency Medical Services 183,000 Original budget low, Debt Service for aid car previously 2001-A LTGO (New Facilities)(368,125) Debt paid directly from Capital/Facilities/Bldg Fund Cemetery Improvement 30,000.00 Cemetery Irrigation - Off-set by Water Rights Transfer 2001 LTGO (Thomas/Mina)2,520 Original budget low 2003 Airport Revenue Bond (52,655.00) Debt paid directly from Airport fund - closed fund Page 1 2010 BUDGET AMENDMENTS CHANGE 2004 LTGO (370,272.00) Paid directly from General Fund (police station) - closed fund 2005 LTGO (56,679.00) Aid car & Sweeper Payment paid out of EMS/Street Fund directly - closed fund 2007 Bond Proceeds 37,550 Fire Station #48 & Transfer to REET 1 2007 LTGO (290,823) Paid directly from Airport Fund instead of Debt Service Fund LID #21 110,000 Transfer to General Fund - closed fund REET 1 375,000 Pay-off 800 Mhz loan Capital Facilities/Building 180,000 Energy Efficiency Block Grant, Fire Station Remodel, will receive remainder revenue for Grant in 2011 Park Improvement 807,000 Graffstra interest payment & down payment Water Fund 50,000 State and City tax adjustment Sewer Fund 486,000 Estimate on Draw Schedule for loans was too low Water/Sewer Revenue Bond (597,532) Debt paid directly from Water/Sewer Operating Fund WWTP Construction 3,000,000 Construction completed and billed faster than anticipated Airport CIP 1,056,000 Cornehl property purchase, approved 07/19/2010 council meeting Self Insurance 41,400 Transfer to General Fund - closed account Equipment Depreciation 209,000 Purchase of 2 police cars which was originally budgeted in Program Development fund & aid car purchase TOTAL 10,241,584.00 Page 2 FUND 2010 Adopted Changes Total Amended Expenses Budget OPERATING FUNDS General Fund 11,502,827 5,224,800 16,727,627 PW-Engineering 523,132 120,000 643,132 PW-Streets 1,073,006 1,073,006 PW-Water 3,856,976 50,000 3,906,976 PW-Sewer 4,110,501 486,000 4,596,501 PW-Utilities Admin 600,474 600,474 Airport Fund 3,052,658 3,052,658 Equipment Rental 47,967 47,967 PW M&O 1,272,106 1,272,106 Recycling 24,900 24,900 Stream Corridor 17,000 17,000 Stormwater Mngmt 489,235 489,235 Cemetery Improvement 216,589 30,000 246,589 EMS 2,133,760 183,000 2,316,760 Total Operating Funds 28,921,131 6,093,800 35,014,931 CAPITAL FUNDS Water Improvement 2,153,300 2,153,300 Sewer Improvement 1,004,400 1,004,400 WWTP Project Fund 16,177,500 3,000,000 19,177,500 Arlington Growth 827,000 65,400 892,400 REET 1 155,500 375,000 530,500 REET 2 900,229 900,229 Arts Fund - - Transportation Imprvmnt 1,441,294 1,441,294 Park Improvement - 807,000 807,000 Equipment Replacement 1 209,000 209,001 Airport CIP 312,000 1,056,000 1,368,000 Airport AIP 450,144 450,144 Surface Water CIP 520,000 520,000 Capital Facilities/Bldg 642,943 180,000 822,943 Lodging Tax Fund 150,000 150,000 Total Capital Funds 24,734,311 5,692,400 30,426,711 RESERVE FUNDS Program Development 100,025 100,025 Cemetery Endowment - - Airport Reserve 207,240 207,240 Water/Sewer Reserve - - Self Insurance - 41,400 41,400 Total Reserve Funds 307,265 41,400 348,665 DEBT SERVICE FUNDS 2001 LTGO (Thomas/Mina)59,223 2,520 61,743 2001-A LTGO (Facilities)368,125 (368,125) - 2003 Airport Rev Bond 52,655 (52,655) - 2004 LTGO (Facilities #2)370,272 (370,272) - 2005 LTGO (Sweeper/aid)56,679 (56,679) - 2007 LTGO (N. Olympic)290,823 (290,823) - 2007 Bond Proceeds - 37,550 37,550 Water/Sewer Rev Bd Red 592,532 (597,532) (5,000.00) LID #21 65,000 110,000 175,000 Total Debt Service 1,855,309 (1,586,016) 269,293 TOTAL ALL FUNDS 55,818,016 10,241,584 66,059,600 2010 BUDGET AMENDMENTS - EXHIBIT "A" City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT D COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Draft West Arlington Sub Area Plan DEPARTMENT OF ORIGIN: Community Development – David Kuhl, Todd Hall ATTACHMENTS: 1. City Council Workshop Memo, Draft West Arlington Sub Area Plan 2. October 21, 2010 Draft West Arlington Sub Area Plan 3. October 7, 2010 Public Meeting Report for West Arlington Sub Area Plan 4. Handouts for Power Point Presentation 5. Comp Plan text amendment for Chapter 12 – Related Plans Adopted by Reference EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: City-initiated adoption of the West Arlington Sub Area Plan as an amendment to the City of Arlington Comprehensive Plan. This project is within the 2010 City of Arlington Comprehensive Plan Update docket cycle. The Sub Area Plan will guide future growth and development in the western region of the City of Arlington. Specific goals are outlined in the document, including but not limited to housing, commercial development, transportation, public spaces, building types, and building placement. Brief discussion is included regarding future implementation of a form-based code and transfer of development rights program. HISTORY: The process to develop the West Arlington Sub Area Plan began in the summer of 2009. Open houses were held on October 20, 2009, May 20, 2010, and October 7, 2010. Each meeting gave the public the opportunity to express their thoughts, ideas, and concerns for the future growth and redevelopment of the sub area. Staff presented a draft plan at the October 7, 2010 meeting, as well as at the November 2, 2010 Planning Commission meeting. The Final Draft will be presented at public hearings on January 4th, 2011 at Planning Commission and City Council on January 18, 2011 for adoption. ALTERNATIVES: None. RECOMMENDED MOTION: None proposed at this time. Planning Commission discussed the Plan at their November 2, 2010 meeting. Public hearings will be scheduled in front of Planning Commission on January 4th and City Council on January 18th to hear from the public and consider adoption. City Council Workshop Memo Date: December 13, 2010 To: City Council From: David Kuhl, Community Development Director Todd Hall, Associate Planner Re: Draft West Arlington Sub Area Plan The Draft West Arlington Sub Area Plan is presented before you tonight. The document includes changes from Planning Commission, WSDOT and Community Transit that were added after the October 7th open house meeting. The development of the Sub Area Plan has been an ongoing effort for the last year and a half, involving City Council, Planning Commission, stakeholders, business owners, local groups and organization, and the citizens of Arlington. The Plan will guide the future growth and development of the Smokey Point, West Bluff and Island Crossing. There are a number of goals and recommendations outlined in the document. In addition, a brief discussion regarding the future implementation of a form-based code and transfer of development rights program is included. 1. Overview of Plan (Todd) a. General Vision of West Arlington b. Issues & Constraints of Sub Area c. Existing Conditions d. Principles e. Public & Private Realm Recommendations f. Implementation g. Maps Community Development Planning Division December 13, 2010 City Council Workshop 2. Recap of October 7 meeting (David) a. Walkability b. Form Base Codes c. Cul-de-Sacs d. Sidewalk Widths e. Traffic Calming f. Open Spaces g. Density h. Building Height i. ADUs j. On-street Parking 3. Next Steps a. Public Hearing @ PC – January 4th b. Public Hearing & Adoption @ CC – January 18th c. Hire consultants for FBCs/TDR development City of Arlington West Arlington Sub Area Plan DRAFT December 13, 2010 D West Arlington Sub Area Plan Page | 2 This page intentionally left blank. West Arlington Sub Area Plan Page | 3 Table of Contents Introduction……………………………………………………………………………………. 5 Purpose and Intent…………………………………………………………………………. 5 Sub Area Overview…….………………………………………………………….……… . 5 Brief History………………………………………….………………………………………… .6 General Vision……………………………………….……………………………………….… 7 Planning Issues and Contraints………………………………………………………….……. 7 Existing Conditions…………………………..………………………………………………… 7 The Private Realm………………………………………………………………………… 7 Land Uses……………………………………………………………………....... 7 Housing Characteristics……………………………………………………………. 8 Non-Residential Building Characteristics…………………………………………... 12 Signage……………………………………………………………………......... 12 The Public Realm………………………………………………………………………… 13 Thoroughfares……………………………………………………………….…… 13 Block Characteristics & Connectivity………………………………………………. 13 Transit Facilities………………………………………………………………….. 14 Bicycle Networks…………………………………………………………………. 14 Pedestrian Network ………………………………………………………………. 14 Utility Services……………………………………………………………………. 14 Civil Services……………………………………………………………………………… 15 Parks……………………………………………………………………………... 15 Police & Fire……………………………………………………………………… 15 Education………………………………………………………………………… 15 Other…………………………………………………………………………….. 15 Natural Environment……………………………………………………………………… 15 Topography………………………………………………………………………. 15 Soils……………………………………………………………………………… 15 Critical Areas…………………………………………………………………….. 16 Vegetation………………………………………………………………………... 16 Natural Hazards…………………………………………………………………… 16 Climate…………………………………………………………………………… 16 Sub Area Recommendations………………………………………………………………….. 17 Guiding Principles…………………………………………………………………………….. 17 Principles of New Urbanism……………………………………………………………….. 17 Form Based Codes………………………………………………………………………… 18 Public Realm Recommendations……………………………………………………………… 19 Rights-of-Way……………………………………………………………………………. 19 Thoroughfares……………………………………………………………………. 19 Block Standards & Intersection Spacing…………………………………………….. 19 Vehicular Travel Lanes……………………………………………………………. 20 Vehicular Parking Lanes…………………………………………………………… 20 West Arlington Sub Area Plan Page | 4 Bicycle Lanes……………………………………………………………………… 20 Curb Type………………………………………………………………………... 20 Park Strips & Center Medians……………………………………………………… 21 Landscaping………………………………………………………………………. 21 Pedestrian Walkways & Crossings………………………………………………….. 21 Curb Ramps………………………………………………………………………. 22 Traffic Calming…………………………………………………………………… 22 Utility Services……………………………………………………………………. 22 Right-Of-Way Illumination………………………………………………………... 22 Gateways…………………………………………………………………………. 23 Signs……………………………………………………………………………… 23 Civic Spaces………………………………………………………………………………. 23 Open Spaces……………………………………………………………………… 23 Location, Size & Spatial Definition…………………………………………………. 23 Private Realm Recommendations…………………………………………………………….. 24 Regulating Plan…………………………………………………………………………… 24 The Rural to Urban Hierarchy…………………………………………………….. 24 General Building Form……………………………………………………………………. 25 Density…………………………………………………………………………… 25 Arrangement……………………………………………………………… 25 Calculation……………………………………………………………….. 25 Lot Configuration…………………………………………………………………. 25 Shape…………………………………………………………………….. 25 Dimensions………………………………………………………………. 26 Bulding Placement………………………………………………………………… 26 Disposition……………………………………………………………….. 26 Orientation & Spatial Arrangement………………………………………… 26 Building Types……………………………………………………………………. 26 Land Use Types…………………………………………………………………… 27 Specific Building Form…………………………………………………………….. 27 Building Height…………………………………………………………… 27 Ground-Floor Finished Level Height……………………………………….. 28 Minimum Ground-Floor Ceiling Height……………………………………. 28 Ancillary Buildings………………………………………………………… 28 Frontage Types……………………………………………………………. 28 Architecture………………………………………………………………………………. 29 Parking…………………………………………………………………………………… 29 Location………………………………………………………………………….. 29 Required Spaces…………………………………………………………………... 30 Paving Material…………………………………………………………………… 30 TDRs…………………………………………………………………………………….. 30 Implementation………………………………………………………………………………... 32 Attachments …………………………………………………………………………………… 33 West Arlington Sub Area Plan Page | 5 Introduction PURPOSE & INTENT Creation of a sub area plan for the western region of the city will provide an organized blueprint for future urban growth and development. This is needed to correct the discontinuity of land uses and lack of transportation connectivity that was inherited with recent annexations. In 2009, the City Council named the Smokey Point/Island Crossing corridor as a top priority for planning. Long-range planning for this area is intended to help ensure that quality urban design and a unique “sense of place” is established for each neighborhood within the sub area. It is critical that residents and other stakeholders are involved in the planning process to help foster civic pride and community. SUB AREA OVERVIEW The West Arlington Sub Area encompasses three neighborhoods: Smokey Point, West Bluff, and Island Crossing. Sub area planning is typically done at the neighborhood level, but the objective here is to coordinate development as it occurs in the western region of the city. The West Arlington Sub Area Plan derives its name from its relative geographical position within the city and will not replace existing neighborhood names. It is generally bounded by Interstate 5 to the west, the Arlington Municipal Airport to the east, and city limits to the north and south (see Attachment 1.0). Approximately 1,005 acres (1.57mi2), or about 17% of the current land area within city limits, is included in the sub area. The Smokey Point neighborhood covers 796 acres, while West Bluff and Island Crossing cover 85.5 and 123.6 acres respectively (see Attachment 2.0). Land uses include a segregated mix of agriculture, commercial, and residential. Most of the area is zoned for highway commercial and moderate residential density. Recreational open space is limited to York Park, and a few small privately owned parks (e.g. Hero Park) although the Arlington Municipal Airport is just to the east of the sub area and has public walking trails. Critical areas located within Island Crossing include wetlands and floodplain and in West Bluff, steep slopes along the eastern periphery. Much of the transportation infrastructure is not up to urban standards. Road sections that are up to standard are fragmented as well as inconsistent in terms of streetscape design (see Attachment 3.0). Consequently, the pedestrian realm is unsafe and not conducive to foot or bicycle traffic. Smokey Point Boulevard serves as the only major north/south thoroughfare, while SR 531 (172nd St. NE) is the only major east/west thoroughfare. Interstate 5, though, runs along the western boundary. An estimated 3,773 people reside in the sub area—an average density of 3.75 people per acre. The Smokey Point neighborhood has an estimated population of 3,675, West Bluff 84 people and Island Crossing 14 people (based on an average of 2.72 people per household). West Arlington Sub Area Plan Page | 6 Brief History The City of Arlington is situated at the forks of the Stillaguamish River. Coast Salish people from pre- historic times, primarily of the Stillaguamish Tribe, stopped to camp at the forks as they passed up and down the river following the abundant fish runs and otherwise using the river as a primary travel corridor. The Stillaguamish called the place Skabalko. Exploration of the future Arlington area by setters of European descent began around 1851 with a prospector visit followed in 1856 by a U.S. Army trail from present day Snohomish crossing the river just below the forks. A rough wagon road closely following the old trail brought pioneers coming from the Marysville area in the mid-1880s; others came by canoe. A store was opened at the forks in the spring of 1887 by Nels K. Tvete and Nils C. Johnson. The White House Hotel owned by loggers Lee Rogers and Al Dinsmore opened about 4 months later. In the spring of 1890, two rival towns were actually platted within one month of each other in what is present-day Arlington. Arlington was platted in March of that year and Haller City in April. Haller City, including the store and hotel, was located on the riverbank with Arlington on higher ground to the south. It was Haller City which contained the much of City’s present-day shoreline areas since it was located along the river with Arlington farther inland. Rivalry between the two towns continued for a several years, with Arlington apparently having a distinct advantage with respect to the location of a critical railroad depot. Haller City’s location along the river bank was not as suitable for a depot, so it was built on higher ground farther from the river, in Arlington. By year’s end, Arlington also had an express office, a warehouse, telegraph, and a post office while Haller City had a blacksmith, hay dealers, shoemakers, stage line, meat market, livery, hotel, and vet surgeon. By 1895, however, a number of businessmen in Haller City conceded that it would be better to be up in Arlington. Leading were Tvete and Johnson who moved their original general store by ox team up to a lot on 4th Street in Arlington, and others followed. Eventually, all that was left in Haller City were the shingles mills and housing. The two towns were incorporated into one in 1903 (taking the name of Arlington), with Division Street serving as a reminder that there were once two towns. The community of Smokey Point itself got its name back in the 1950s from a restaurant named the Smokey Point Café. Located on the northwest corner of 172nd Street NE and Smokey Point Boulevard/SR 531, the café generated a plume of smoke, hence the name Smokey Point. Controversy erupted in the 1990s regarding annexation of the area by and between the neighboring communities of Arlington, Lakewood and Marysville. Despite the community’s strong desire to remain intact with one municipality, or as a newly established municipality (called Smokey Point-Lakewood), the Snohomish County Council ended up splitting the community between the cities of Arlington and Marysville (with their control of urban growth boundary placement), assigning Arlington the north and east portions and Marysville the south and west portions of the Smokey Point-Lakewood community. Arlington and Marysville proceeded with annexation of their assigned areas in 1999 and 2005 respectively. West Arlington Sub Area Plan Page | 7 General Vision The general vision for the sub area proposes that emphasis be given to the human element of place—that close attention be given to the physical development and design of the human habitat within the sub area. By giving attention to the physical form of the sub area, we can better ensure that the neighborhoods become more desirable and livable places that are in harmony with the natural environment. Qualitative and quantitative improvements are needed in both the public and private realms to achieve this. As a result, each neighborhood should develop a distinguished character—focused around their unique topographic features—to enhance local identity and encourage civic pride. Planning Issues & Constraints Planning issues include deciding how to:  Improve transportation connectivity while taking into consideration existing development and critical areas as well as traffic concerns by local residents  Find funding to bring sub-urban roads up to urban standard  Increase pedestrian safety  Acquire easements for public trails  Acquire more public space (i.e. parks)  Transition from Euclidean Zoning to Form-Based Codes  Mix land uses while preventing nuisances  Get the public involved and informed  Develop Island Crossing while protecting critical areas  Repair sprawl type development  Redevelop certain areas  Establish the sub area as a TDR receiving area  Improve civic services The planning area lies entirely within the City’s Airport Protection District which will influence land use and development patterns. The airport staff needs to be informed and involved in the planning process to work out concerns and issues that they may have with regards to proposed changes in land use and development. As development and redevelopment within the sub area occurs, proposed uses within the Airport Protection District shall be compatible with the airport and its operations. Existing critical areas will also affect development patterns, particularly in the Island Crossing Neighborhood. Existing Conditions THE PRIVATE REALM Land Uses West Arlington Sub Area Plan Page | 8 The Smokey Point and Island Crossing neighborhoods serve as gateways to the City of Arlington from Interstate 5. Annexation of the sub area occurred in 1999 (Smokey Point), 2008 (West Bluff), and 2009 (Island Crossing). Consequently, much of the development in the sub area occurred when the area was under Snohomish County’s jurisdiction. The prevailing development pattern in the area is suburban sprawl with auto-scale/oriented and service type businesses being fairly predominant. Land uses are mostly commercial and residential in nature, although professional services are available (see Attachments 4.0 and 5.0). Vacant properties total 271 acres, while underdeveloped parcels total 154 acres (see Attachment 6.0). This leaves the potential for the development of an estimated 442 dwelling units (mostly single family) and 3,472,323 square feet of commercial space under current zoning regulations. These numbers, though, do not reflect the potential for redevelopment in the Smokey Point neighborhood or development restrictions that will exist in Island Crossing. Housing Characteristics Prior to the mid 20th century, few homes existed here. In the 1960s, subdivisions began to convert agricultural and forest lands into housing tracts and significant growth followed. Today the area is comprised of a mix of housing types: detached single-unit homes (including manufactured homes), duplexes, townhomes, and apartment buildings. Figure 1. Median Year of Built Dwelling Units In the Smokey Point (SP) neighborhood, there are 1,351 dwelling units (du) (as of 2010). Fifty-four percent of those units are detached single family houses, 8% are manufactured houses, 20% are duplexes & townhomes, and 15% are apartments (see Figures 2-5). The West Bluff (WB) neighborhood has 31 dwelling units. Sixty percent are detached single family houses, 20% are manufactured houses and 20% are duplexes (see Figures 2-5). Island Crossing (IC) has five dwelling units, 80% being detached single-family houses and 20% manufactured (see Figures 2-4). West Arlington Sub Area Plan Page | 9 Figure 2. Number of Dwelling Units By Figure 3. Number of Single-Family Detached Neighborhood Dwelling Units Figure 4: Number of Single-Family Manufactured Figure 5: Number of Duplexes Units Most homes in the area fall under the architectural classification of modern post-war suburban. This architectural type is simplistic because the early modernist movement in architecture drew its inspiration from futuristic, not past, ideals. The most common post-war suburban housing types in the area are the ranch styled rambler (see Figure 6), the split entry (see Figure 7), and the tri-level (see Figure 8). Post-war suburban housing subdivisions were designed to mimic the romanticized countryside with its low density and windy rural highways. Consequently, many of the area homes have deep setbacks and sit on relatively large lots that abut curvilinear roads that are absent of sidewalks (see Figure 9). By the 1990s, garages became the dominant feature of the front façade of many of the homes that were built (see Figure 10). West Arlington Sub Area Plan Page | 10 Figure 6: Ranch Style Rambler Figure 7: Split-Entry House Figure 8: Tri-Level House After the turn of the 21st century, two-story craftsman style homes (see Figure 11) were introduced to the pallet of housing types being built in the area. While garages continued to make up a large portion of the front façade of homes, entryways on craftsman style homes became more distinguished because of the use of front porches, portals and porticos. Figure 9: 1980s Style Rambler with No Sidewalks Figure 10: Garage-dominated House West Arlington Sub Area Plan Page | 11 Homeowners in some of the older housing stock (pre-1990s) have converted garages into additional living space or have added-on to adjust for changing household needs. Older home sites (pre 1980) are beginning to experience a valuation shift, where the lots these homes sit on are becoming worth more than the house itself. Figure 11: Two-story Craftsman Style House According to 2010 tax assessment records, the average value of a dwelling unit was $188,056 in Smokey Point, $280, 977 in West Bluff and $217,780 in Island Crossing. Smokey Point’s mean dwelling unit value is likely lowest because of its greater diversity of housing stock which includes affordable housing options like apartments and manufactured homes. West Bluff’s high average value is influenced by the fact that many homes here are situated on large lots and have an underlying zoning classification of Highway Commercial. Assessed values are broken down according to housing type (see Figures 12-15). Figure 12: Average Assessed Value per Dwelling Figure 13: Average Assessed Value per Single- Unit Family Detached Unit West Arlington Sub Area Plan Page | 12 Figure 14: Average Assessed Value per Townhouse Figure 15: Average Assessed Value per Single- Family Manufactured Unit Non-Residential Building Characteristics Much of the non-residential building stock was built toward the latter end of the last century in the form of strip malls, storage facilities and stand alone buildings spaced relatively far from each other and on large lots. These buildings generally don’t follow after any particular architectural style and are relatively simple in terms of architectural design and massing. Some of the strip malls have a gallery or shop-front type façade (see Figures 16 and 17). Most of the non-residential buildings are single story although those buildings containing office uses are multi-story. The tallest building is the Medallion Hotel which is four stories high. Figure 16: Typical 1970s Strip Mall Figure 17: Typical 1980s Strip Mall Signage Stand-alone signs advertising for businesses are typically monument signs (see Figure 18) and internally lit. Sandwich boards and off-site signs frequently line sidewalks and park-strips (see Figure 19). West Arlington Sub Area Plan Page | 13 Figure 18: Internally-lit Monument Sign Figure 19: Sandwich Board Sign THE PUBLIC REALM Thoroughfares Two major thoroughfares bisect the sub area—Smokey Point Boulevard and SR 531 (172nd St. NE). Interstate 5 borders the area on the western periphery. Smokey Point Boulevard begins to the south as a five lane arterial with sidewalks that immediately abut traffic lanes. Past 174th Place NE, the boulevard narrows to 2 lanes with gravel shoulders until it ends at Highway 530 to the north. SR 5310, identified as a Project of Regional Significance by the Washington Transportation Commission between 43rd Ave NE and SR 9, is also a wide arterial with sidewalks that immediately abut travel lanes until it crosses 43 rd Ave NE where it narrows to two lanes with unpaved shoulders. The State DOT has jurisdiction over this road and has plans to make improvements as soon as funding becomes available. When the City’s population reaches 25,000, SR 530 will become our responsibility. As mentioned before, 65% of the roads within the subarea are below urban standards. This means that many of the roads lack sidewalks and park-strips in addition to curbs and gutters. Residential subdivisions built prior to the 1980s have streets that are substandard. In most of the old neighborhoods, road drainage occurs in adjacent open swales. Many of these swales have been filled in by property owners, disrupting the flow of storm water runoff. West Arlington Sub Area Plan Page | 14 Block Characteristics & Connectivity Growth in the area has occurred organically, resulting in a curvilinear network of meandering streets dominated by cul-de-sacs. The result is a high level of neighborhood fragmentation. The sub area’s connectivity index is at 0.88 on a scale of 0-2.5, with 2.5 being the highest level of connectivity. Transit Facilities Community Transit serves the Smokey Point neighborhood but currently does not have has stops in West Bluff or Island Crossing (see Attachment 7.0). Routes through Smokey Point include 200, 201, & 202 201/202 which run from Smokey Point to Lynnwood; 227, which runs from Arlington Park & Ride to Smokey Point and on to Boeing in Everett; 230 that Runs from Smokey Point to Darrington; and the 240 which runs from Stanwood to Arlington. Bicycle Networks Designated bike lanes exist along two fragmented segments. The first segment runs along SR 531 from the I-5 interchange to the 4000 block. The second segment exists along Smokey Point Boulevard in front of the Stillaguamish Senior Center. A trail conducive for pedestrians and cyclists will be built in conjunction with the new 173rd Place connector street (1/2 mi. in length). Pedestrian Network The network of sidewalks is highly fragmented (see Attachment 8.0). Sidewalk width is typically no greater than 5 feet. On major arterials (SR 531 and SPB) and on neighborhood streets built in the 1990s, sidewalks are immediately adjacent to travel lanes, while roads built or improved under the City’s jurisdiction include sidewalks separated from travel lanes by 5-foot park-strips. An estimated 39% of total roadway length in the sub area is accompanied by sidewalks. Utility Services Water and sewer services are split between Marysville and Arlington. Generally, the City of Marysville provides sewer and water service in the Smokey Point neighborhood south of 180th Street and west of 43rd and 51st Avenues, while the rest of the sub area is serviced by the City of Arlington. Some homes still use septic systems and access water from wells (see Attachment 9.0). Other utility lines, such as power and telephone, are generally located above ground. Streets are illuminated by suburban “cobra” style lamps. Stormwater utility services are provided to the entire subarea by the City of Arlington. Virtually the entire area is underlain by soils conducive to infiltration. However, many parts of Smokey Point have a shallow depth to groundwater. In addition, most of the subarea was constructed years before annexation into the city, so the stormwater inventory is limited and infrastructure may not be fully understood. Many stormwater facilities do not meet current engineering standards, or have exceeded their design life, or have been under-maintained. Finally, Heyho Creek, draining Smokey Point to the south, and Portage Creek, draining Island Crossing to the west, are low gradient streams that do not efficiently convey urban stormwater downstream. Consequently, localized flooding is not uncommon; fortunately, stormwater concerns can be readily resolved with prudent planning and design. The 2010 Comprehensive Stormwater Plan identified six capital projects in the subarea focused on stormwater planning and water quality improvements, including two in Smokey Point proposed for joint developer/City funding. These include design and construction of regional detention and infiltration systems that may serve as reduced-cost incentives to developers. The permeable soils also suggest low impact development (LID) approaches that provide source control and prevent runoff generation would do West Arlington Sub Area Plan Page | 15 very well. These practices may include integration of open spaces (e.g., parks, trails, landscaping, reduced lane widths, medians) into site design, rooftop rainwater capture for irrigation, and dispersion techniques such as soil preparation, rain gardens, reverse slope sidewalks, “perforated” curbs, permeable pavement, and on-site infiltration galleries. CIVIL SERVICES Parks The area has one public park—York Park—which is located in Smokey Point. The Arlington Airport, adjacent to Smokey Point, has public walking trails. Some privately owned and operated parks also exist in the area (e.g. Hero Park near Lowes). Police & Fire Fire and police protection are provided by the City of Arlington. A temporary fire station exists in West Bluff but the City plans to build a station in the near future. Education The Lakewood School District serves the Smokey Point Neighborhood, while Arlington School District serves West Bluff and Island Crossing. No public schools are located in the sub area. Other The Stillaguamish Tribe of Indians has their administrative offices located in the Smokey Point neighborhood. NATURAL ENVIRONMENT Topography Smokey Point and West Bluff are situated in a flat valley between the Tulalip and Getchell Plateaus. Island Crossing lies within the Stillaguamish River Valley. Views of the Cascades exist from numerous points within the area, with Mt. Pilchuck, Three Fingers and Whitehorse being most prominent. Soils The Smokey Point Neighborhood primarily consists of Lynnwood loamy sand soil and Custer fine sandy loam. Small areas of Mukilteo muck and Kitsap silt loam are located in the southeast corner of the neighborhood. The Lynnwood soil type drains well and is suitable for urban development. The Custer soil drains poorly and is subject to a high water table during wet months but is still suitable for urban development. Mukilteo muck is moderately permeable but has a high water table and is subject to standing water during wet months. This soil type is not suited for urban development. Kitsap soils drain slowly but can be developable with drainage. Island Crossing consists of Everett gravelly sandy loam and Alderwood-Everett gravelly sandy loams. The Everett soil drains very well and is suitable for development. The Alderwood-Everett soil drains quickly but is not suitable for development because of its steep slopes and the high probability of erosion. The vast majority of Island Crossing sits atop Puget silty clay loam. This soil type is deep but drains slowly and is found in flood-plains. Urban development is restricted by high water tables and the possibility of flooding. West Arlington Sub Area Plan Page | 16 Critical Areas The sub area encompasses portions of the Stillaguamish, Portage Creek, and Quilceda Creek watersheds (see Attachment 10.0). Wetlands are primarily located within the Island Crossing neighborhood which includes two waterways—South Slough and Portage Creek. West Bluff, which lies entirely within the Portage Creek Watershed, is bounded by steep slopes along the eastern border. Critical areas in the planning area provide habitat for salmon, cutthroat, amphibian, small and large mammals and many different avian species. Vegetation The area was originally covered in evergreen forest before it first cleared for commercial logging and later for farming and housing tracts. Mature, second growth evergreens (such as cedar and Douglas fir) now exist scattered mostly throughout the residential areas. Native vegetation includes Douglas fir, Western Hemlock, Red alder, Black Cottonwood, Big leaf maple. Native shrubs include Vine Maple, Indian Plum, Service Berry, Oregon grape, Sword Fern and Salal. There are also several locations where native mushroom species still exist in the forested areas that have recovered from logging activity. Natural Hazards Island Crossing is subject to fairly regular flood events from the Stillaguamish River with major flood events in the last 10 years occurring in 2003, 2006 and January 2009. The eastern edge of West Bluff may become subject to landslides if the existing steep slopes aren’t managed properly with appropriate setbacks and vegetation retention. The entire sub area is subject to seismic activity although no known fault lines run through the immediate area. Liquefaction hazard is highest in the Island Crossing neighborhood. Climate The area has a mild, Marine West Coast climate, receiving an average of 37.5 inches of rain annually. Summer high temperatures peak at an average of 74 degrees and dip to an average low of 34 degrees in winter (data obtained from www.weather.com). West Arlington Sub Area Plan Page | 17 Sub Area Recommendations Guiding Principles New Urbanism is a planning theory taking hold in municipalities across the United States. This theory advocates for the return to time-tested methods of good urban design that have generally been disregarded since the early 20th century (with the advent of Euclidean zoning and the automobile). R1 Incorporate the principles of New Urbanism into the Sub Area plan. PRINCIPLES OF NEW URBANISM: P1 WALKABILITY – Most activities of daily life (e.g. schools, commercial services & employment opportunities) should exist within a 15-20 minute walk of where people live. Pedestrian comfort should be ensured by good streetscape design. P2 CONNECTIVITY – Streets should be interconnected to form a grid network that disperses traffic and facilitates alternate methods of transportation (like walking. and bicycling and transit). P3 MIXING LAND USES – Compatible land uses should be mixed to ensure a variety of business and housing types are within close proximity for ease of access. P4 VARIETY – A wide range of housing types should be encouraged to accommodate market needs. P5 QUALITY ARCHITECTURE & URBAN DESIGN – Emphasis is placed on aesthetics, human comfort, and optimal placement of civic spaces. P6 TRADITIONAL NEIGHBORHOOD STRUCTURE – Neighborhoods should have a discernable center and edge with quality public spaces and art. P7 COMPACT DESIGN – Buildings should be placed close together to help facilitate human scale and efficient land use. P8 SUSTAINABILITY – New development should be compatible with the natural environment and be encouraged to incorporate eco-friendly design elements. P9 PRESERVATION – Farmland, open space, and critical areas should be protected, with new development directed towards already existing communities. P10 INVOLVEMENT – Community members and stakeholders alike should participate in the planning process. West Arlington Sub Area Plan Page | 18 FORM BASED CODES A Form-Based Code (FBC) is one of several tools that can be used by local governments to regulate growth and development. FBCs were first developed and used 30 years ago and have since been adopted by a growing number of communities throughout the country. Communities that agree with the principles of New Urbanism often adopt FBCs because they have proven to be effective tool for implementing New Urbanist principles. With FBCs, the organizing principle behind development regulation is form, as opposed to land-use (upon which Euclidean zoning is based). It is important to note that land use is still regulated under FBCs—in order to prevent the occurrence of nuisances—but land uses are not the primary focus of regulations. FBCs have five major components: a Regulating Plan (zoning map), Civic Space Standards, Building Configuration Standards, Building Type Standards, and Architectural Standards. It is important to note that FBCs can function as a code overlay on the City’s current Land Use Code (LUC). Where FBC and LUC codes conflicted, the FBC would take precedence. R1 Adopt and use Form-Based Codes as a tool for regulating development in the sub area. West Arlington Sub Area Plan Page | 19 Public Realm Recommendations The public realm includes all publicly owned and accessible spaces such as street right-of-ways, open spaces (i.e. parks), and civic buildings. The public realm could also include any place privately owned that is accessible to the public. RIGHTS-OF-WAY Thoroughfares How streets are designed and laid out impacts a community’s look, feel, and function. Roadway improvements are needed in the sub area to bring streets up to urban standards (see Existing Conditions above), improve traffic circulation, and help establish a “unique sense of place.” R1 Attachment 11.0 shows the recommended Road and Pedestrian Network Plan for the sub area. o Traffic calming devices should be added to 43rd Avenue NE (between 17200 and 18800 blocks) in addition to lowering the current speed limit to discourage speeding and through traffic. o The airport trail along 43rd Avenue NE should be incorporated into the streetscape design. o Traffic safety measures should be implemented to improve visibility and turn movements at 35th Ave NE and Smokey Point Boulevard. o Roundabouts are recommended along 172nd Street NE/SR 531, at 43rd and 51st Avenues, at the east leg of the “Y” intersection of Smokey Point Blvd. and SR 531, as well as other key intersections throughout the sub area as shown on the map. o All improvements to SR 530 and SR531, including roundabouts, shall be coordinated with the Washington State Department of Transportation (WSDOT) and Stillaguamish Tribe and conform to WSDOT Design Standards. o If proposed, a new Interstate 5 interchange at 188th Street NE shall require approval by WSDOT and the Federal Highway Administration. Future design and possible relocation of the existing I-5 rest area would be conducted during design phases. R2 New thoroughfare options and standards should be developed that address movement type, design speed, pedestrian crossing time, ROW width, curb-face to curb-face width, number of traffic lanes, presence of bicycle lanes, presence of on- street parking, curb type, parkstrips, landscaping, walkway type, illumination, and curb radius. R3 Streetscapes should be designed with emphasis placed on pedestrian comfort and safety. R4 Cul-de-sacs should be prohibited with new development. R5 Streets associated with new subdivisions should be required to provide access links to neighboring parcels that are vacant. R6 The establishment of private roads should be prohibited to ensure that right-of-way design conforms to City standards. R7 Gated thoroughfares should be expressly prohibited to allow for connectivity and ease of access for emergency vehicles. Block Standards & Intersection Spacing Block standards are necessary to ensure that high levels of connectivity result with new development in the area. Higher levels of connectivity will help make all modes of transportation more efficient—conserving West Arlington Sub Area Plan Page | 20 both time and resources. Any new roadway connections with State highways, including SR 530 and SR 531/172nd Street NE shall conform to WSDOT Access Guidelines. New roadway improvements shall follow recommendations per the SR 531 Corridor Recommendations document from WSDOT. R1 Block standards should be developed in relation to each transect. R2 A connectivity index standard should be set for all new subdivisions to ensure a grid network and connectivity to undeveloped parcels. R3 Intersection spacing should not exceed 495 feet on pedestrian oriented thoroughfares. Vehicular Travel Lanes Vehicular lane width influences neighborhood walkability, driver speed, and vehicle accommodation. R1 Thoroughfare types should be sensitive to this neighborhood walkability, driver speed, and vehicle accomodation in their design. R2 Vehicular travel lanes should be narrower on local access streets and wider on major thoroughfares (arterials). R3 New vehicular lanes should not be curvilinear in design but may change angle by varying degrees. This helps ensure good block design and discourages awkward lot shapes. Vehicular Parking Lanes On-street parking provides convenience, increased parking availability, and additional buffering between the pedestrian realm and travel lanes. They can also function as method for traffic calming. R1 On-street parking should be provided on all non-arterial roads where feasible. R2 Parking lanes should be relatively narrow on neighborhood streets. R3 Parking stalls on commercial streets should primarily be diagonal. Bicycle Lanes Bicycle lanes help to encourage bicycle use and improve the safety and comfort of both bicyclists and pedestrians. R1 Bicycle lanes should be provided on all new or improved streets with a design speed of 30mph or greater (except where an adjacent paved trail exists or is planned). R2 Bicycle lanes should be installed on the already improved section of Smokey Point Boulevard (16400-17400 blocks). Curb Type Curbs help physically separate the pedestrian realm from vehicular travel lanes and provide definition to the roadway. R1 Vertical curbing should be included with motor-courts (access easements) to provide spatial definition and discourage encroachment from adjacent properties. R2 Rolled curbs may be necessary where “neckdowns” occur to accommodate the turning radius of large vehicles. West Arlington Sub Area Plan Page | 21 R3 Horizontal curbs should be included with rear alleys to provide spatial definition or support drainage. Park Strips & Center Medians Park strips provide a buffer between travel lanes and sidewalks—increasing pedestrian comfort and softening the streetscape. R1 Parkstrip widths should be increased on new or improved roads from the standard 5 feet to a minimum 7 feet. R2 Creative uses for parkstrips, such as gardening, should be allowed in residential neighborhoods. R3 Parkstrips should be added on the already improved section of Smokey Point Boulevard (16400 - 17400 blocks). R4 Landscaped center medians should be added to Smokey Point Boulevard and incorporated where feasible on new streets. Landscaping Landscaped parkstrips and roadway medians soften the streetscape and add to the overall quality of a place by improving air quality, reducing the “heat island” effect, providing water quality treatment, and reducing the amount of impervious surface. R1 Landscaping along arterials should be low-maintenance (and native) except for in certain areas the city may want emphasized. R2 A single street tree species should be selected for use in parkstrips along Smokey Point Boulevard. R3 A limited list of approved street trees should be assigned to specific thoroughfare types for aesthetic uniformity. Pedestrian Walkways & Crossings Sidewalk design is important for pedestrian accommodation. Unique design features can also add to a community’s “unique sense of place.” R1 Appropriate sidewalk width should be prescribed to each thoroughfare type and associated building types. R2 On commercial streets, sidewalk width should be wide enough to not only accommodate pedestrians but uses from adjacent buildings that may extend out onto the sidewalk (such as an outdoor café or sidewalk sale). R3 Sidewalks in the right-of-way should parallel vehicular travel lanes to ensure walking distances are minimized. R4 Special design elements, such as stamping and name imprinting, should be considered for commercial streets. R5 Street furniture should be included for pedestrian comfort, especially on commercial streets. R6 The use of sky bridges should be considered on major arterials to increase crossing options and walkability. R7 Unique crosswalk designs should be used on all pedestrian street crossings. West Arlington Sub Area Plan Page | 22 Curb Ramps Curb ramps provide access between the sidewalk and the street and are critical for the safety of individuals with disabilities. R1 Combined parallel and perpendicular curb ramps should be used instead of diagonal curb ramps so that drivers can more easily decipher the intended direction of the pedestrian. R2 Curbs extensions should be used on neighborhood and commercial streets to increase pedestrian visibility and reduce pedestrian crossing times. Traffic Calming Traffic calming is necessary to ensure drivers do not speed on roads where safety and high traffic volume are concerns. R1 Traffic calming devices should be used in roadway design of local access streets and put in place on some existing streets in the sub area. R2 Suggested traffic calming devices for local access streets include: raised crosswalks, textured surfacing, traffic circles, realigned intersections, neckdowns, center island narrowings, and raised intersections. Utility Services R1 Utility lines above ground on Smokey Point Boulevard should be placed under-ground to help improve the streets visual appeal. R2 All future developments should utilize innovative and low-impact designs to manage stormwater in the area. The use of raingardens should be highly encouraged where groundwater infiltration is adequate. Additionally, a regional approach for managing stormwater should be evaluated with the concept of infiltration to match the design completed for the Airport Business Park along the north side of 172nd Street NE/SR 531. . Right-Of-Way Illumination Improvements in right-of-way illumination are needed in the area to increase both driver and pedestrian safety. Particular attention should be given to the illumination of the pedestrian realm. R1 Unique street lamps should be used on new and improved right-of-ways instead of cobra-style street lamps in an effort to help create a “sense of place” for the area. R2 Street lamps should be able to accommodate hanging flower-baskets and/or banners where appropriate. R3 Different street lamp types of the same style should be assigned for use with specific thoroughfare types. R4 Street lamps should illuminate both travel lanes and sidewalks. R5 Measures should be taken to ensure that light pollution and energy consumption are minimized, especially near critical areas and within the Airport Protection District. R6 On neighborhood streets, placement of street lamps should be limited to intersections because porch lights on individual homes usually provide sufficient light. West Arlington Sub Area Plan Page | 23 Gateways Gateways are need in the area to help give spatial definition to City boundaries, welcome visitors, and distinguish the individual neighborhoods that exist in the sub area. R1 Gateways should be placed at all major entrances to the sub area (see Attachment 12.0). Major entrance points include:  16400 Block of Smokey Point Boulevard  16400 Block of 51st AVE NE  3200 Block of 172nd St. NE  2600 Block of HWY 530 R2 Gateways should include neighborhood name under the City name. R3 Gateways should be developed as monuments instead of roadside signs. R4 Gateways should be placed in center medians where feasible. Where monument signs are placed along SR 530 or SR 531, signs shall comply with clear zone regulations as required by WSDOT. SIGNS Directional signs are needed to help visitors navigate their way around Smokey Point, West Bluff and Island Crossing and as well as towards other sections of town. R1 Wayfinding signs should be oriented toward drivers, cyclists and pedestrians and should be strategically placed throughout the sub area. R2 Neighborhood monument signs should be encouraged at the entrance to neighborhoods to help visitors identify neighborhoods while also providing ownership to residents. CIVIC SPACES Open Spaces Open spaces are vital to a community’s health and vibrancy and become increasingly valuable as communities mature in density. A variety of civic spaces should be encouraged in the sub area to improve the area’s livability. R1 Recommended types of open spaces include playgrounds, parks, trails, greens, sports fields, plazas, and squares. Location, Size & Spatial Definition R1 With new development, open space should not be made up of the residual space that is left after buildings are placed on site. Instead, new site plans should be organized around well placed/designed open spaces. R2 In residential developments, dwelling units adjacent to open spaces should be oriented facing the open space. R3 Squares and plazas should be spatially framed and activated by buildings and streets on at least two sides. R4 Minimum size and shape requirements should be established for each type of civic open space to ensure that each space is scaled appropriately for the planned use. West Arlington Sub Area Plan Page | 24 Private Realm Recommendations The private realm is generally defined as all real property that is held or owned by individuals or entities other than the public. Some property in the private realm can be quasi-public in that it is privately owned and maintained but open to, and commonly used by, the public. REGULATING PLAN The Rural-to-Urban Hierarchy The central component of a Form-Based Code is the concept that communities should have discernable neighborhood centers and edges. This is achieved through zoning that is organized around development intensity. Each zone (called a “transect”) (see Figure 20) is purposefully assigned to a land area as part of the Regulating Plan (zoning map), establishing a sequential “hierarchy” of development intensity. T his is in contrast to Euclidean Zoning which often falls short of establishing an organized pattern of development. R1 Replace existing zoning with new transect zones consistent with FBCs (see Attachment 13.0) Figure 20: Rural to Urban Transect Figure 21: Regulating Plan Example West Arlington Sub Area Plan Page | 25 GENERAL BUILDING FORM DENSITY Arrangement Current zoning in the sub area doesn’t establish an organized pattern of density distribution and as a consequence, a well defined neighborhood center hasn’t developed. In order to help the community develop a “sense of place” with a vibrant neighborhood center, differing levels of allowed development intensity need to be spatially organized and defined. R1 Reinforce the rural-to-urban hierarchy through the establishment of transect zoning (see Regulating Plan above). Calculation Density is currently calculated by lot size, lot coverage and building height (in ft.) restrictions. This encourages applicants to maximize total lot yields when subdividing and discourages good urban design. R2 Density should be calculated by a guaranteed set number of allowable dwelling units per acre. This gives applicants predictability and the flexibility needed to adhere to spatial arrangement requirements set forth in the FBC. LOT CONFIGURATION Shape Lot shape impacts how a building is able to engage the public realm. “Flag” lots (Figure 22) disrupt the urban fabric because of their isolative nature and “stacked” lots fail to create a vibrant urban form because they hide buildings from the public realm. In commercial areas within the sub area, “flag” lots and “stacked” lots have severely limited the visibility of some businesses from the public realm, making them difficult to find and access (block standards will also help solve this problem). Figure 22: Flag Lot R1 The creation of “flag” lots should be prohibited. R2 New lots should adhere to the parameters set regarding spatial arrangement to prevent “stacked lots”. West Arlington Sub Area Plan Page | 26 R3 New lots should be required to be rectangular in shape with exceptions provided to accommodate certain topographical realities or other limiting factors such as easements. Dimensions Dimensional requirements have an impact on the spatial arraignment of both short and long plat developments. Currently, lot creation is regulated by minimums. Minimum lot width requirements can prevent good infill projects and should only be used in rural zones to help preserve the open character. Maximum lot width parameters can help ensure that new development is appropriately scaled to the desired urban form for the area. R1 Replace minimum lot width requirements with maximum lot width parameters calibrated to each transect to ensure new development is properly scaled. BUILDING PLACEMENT Disposition Building placement has an impact on the overall urban form and plays a role in shaping the public realm as well. Current zoning regulations in the sub area only proscribe setback requirements that require buildings to be placed somewhere in the lot interior. This limits developers from making better use of limited space, (particularly in higher density transects) and fails to encourage the development of a cohesive and predictable urban form. R1 Set parameters for acceptable building dispositions by transect to encourage good urban form. R2 Incorporate build-to-lines/zones for building fronts to ensure a contiguous street-wall develops and that the public realm is appropriately defined. R3 Recommended building dispositions include: edge yard, side yard, rear yard and specialized. Orientation & Spatial Arrangement Commercial buildings subject to design review must meet a set of design criteria, including orientation and spatial arrangement. However, Uunder the current code, options for residential building orientation are not specified or defined. Consequently, by default, buildings in both short and long plats face either the right-of-way, access easement, or a parking lot. By allowing and defining different spatial arrangements, variety can be added to the urban fabric and more housing/commercial options can be provided to the market. R1 Set parameters for acceptable building orientations and spatial arrangements of both short and long plats to encourage variety in the urban form. R2 The following are recommended orientations/spatial arrangements: street, linear court, square court, and motor court (residential use only). BUILDING TYPES A wider variety of Building Types should be encouraged within the sub area, particularly in the housing stock. Having a variety of housing types will enrich the existing urban fabric by providing a greater range of housing options for current and future residents. R1 Desired Building Types for the sub area should specified, defined, and assigned to an appropriate transect and Thoroughfare Type. Recommended allowed Building Types include: West Arlington Sub Area Plan Page | 27  Detached, Single Unit Houses (including cottages, bungalows, etc.)  Twin Houses  ADUs (Accessory Dwelling Units)  Village Houses  Rowhouses  Stacked Housing Units (low, medium rise)  Mansion House Apartment/Condo bldg.  Courtyard Apartment/Condo bldg.  Live/Work Units  Shopkeeper Dwellings  Mixed Use Bldgs. with residential component (low, medium rise)  Commercial Bldgs. w/o residential component (low, medium rise)  Parking Structures  Civic Buildings R2 In residential subdivisions, similar floor plans should not be placed side-by-side. R3 Code requirements should ensure a variety of floor plans are used in residential subdivisions. LAND USE TYPES Land uses in the area are highly segregated and mixed uses should be encouraged to reduce auto- dependency and allow for greater variety in the urban fabric. Under FBCs, land uses are often listed in a more generic form compared to Euclidean Zoning. This is done to allow for more flexibility in the number and types of allowed land uses. Subtypes of general land uses that need more discretionary review and/or distinction between and within each transect are also listed. For simplicity, land uses that are not allowed should be omitted unless certain uses need to be expressly prohibited. R1 Mixed use should be encouraged to reduce auto-dependency and increase walkability. R2 Allowed Land Use Types should be concise for simplicity and calibrated by transect. R3 Recommended general Land Use Types (liberally interpreted) for the sub area include:  Assembly, Recreation, and Education  Residential  Retail  Services: Business, Financial, and Professional  Services: General  Transportation, Communication, and Associated Infrastructure SPECIFIC BUILDING FORM The purpose of Building Form regulations is to help ensure cohesive urban form. Buildings create “walls” that spatially define public spaces such as a street or park. The impact of buildings on the public realm should not be underestimated and therefore be carefully regulated. Building Height Building height that is simply regulated by feet encourages applicants to use minimal floor heights to maximize as many floors as possible which can lead to poor building design. Instead, height restrictions West Arlington Sub Area Plan Page | 28 based on number of stories allows applicants the flexibility to build stories with higher floor-to-ceiling dimensions which helps ensure buildings are functional for a variety of uses. R1 Building height should be regulated by number of stories (above ground) instead of feet to allow for better building functionality (although airport height restrictions would still apply). R2 Where parcels in a higher order Transect (T4, T5) abut a mostly residential, lower order Transect, the allowable building height should not be greater than ½ stories higher than allowed in the neighboring lower order Transect for all building that occurs within 35 feet of the transitional property line to ensure cohesive transitions between zones. Ground-Floor Finished Level Height The ground-floor finished level height is the distance between ground level and the first floor of a building measured at the front façade. This measurement becomes critical in higher density areas where privacy from the public realm is desired. R1 Ground-floor finished level height should be a minimum of 18 inches for residential units and 6 inches maximum for commercial and retail uses. Residential units close to the sidewalk should have higher ground-floor finished level heights to provide privacy from the pedestrian realm. Minimum Ground-Floor Ceiling Height This regulation helps ensure that the street level story is functional for businesses in mixed-use and commercial buildings. R1 Minimum ground-floor ceiling height for mixed use and commercial buildings should be 14 feet to ensure floor space is compatible for commercial uses. Ancillary Buildings Ancillary buildings are usually associated with single family residential units and can function as a detached garage, ADU, or both. More ADUs are needed in the sub area to help provide more affordable housing that is evenly distributed throughout the area. R1 Second story windows should avoid facing into the nearest adjacent parcel. R2 Regulations should ensure ancillary buildings are not equal or nearly equal to the principle building in terms of size. R3 An appropriate distance should separate the ancillary building from the principle building to ensure an appropriate relationship. Frontage Types The front façade of a building plays an important role in engaging the public realm. The purpose of regulating front facades is to ensure that the transition from the public to private realm is appropriately defined. Current codes for the area don’t set requirements for front facades. In residential areas, garages have become the dominant feature of front facades. R1 Allowed frontage types should be associated with specific building types. Recommended frontage types include: West Arlington Sub Area Plan Page | 29  Common Lawn  Porch & Fence  Portal  Stoop  Terrace  Gallery  Arcade  Shopfront & Awning  Forecourt R2 Dimensional standards should be set for all frontage types to ensure proper design. For instance, porches need a minimum 6 feet clear depth to be functional. R3 With subdivisions, minimum percentage standards should be set to ensure a variety of Frontage Types are used. R4 In commercial areas, awnings should be allowed to encroach over sidewalks to add human scale and protection to pedestrians from inclement weather. Awnings should also have a minimum clearance and not be allowed to conflict with street trees or lighting. R5 Upper story gallery facades should not be used as a primary means of upper story building circulation in order to allow for outdoor uses by upper story businesses/residents. ARCHITECTURE Architectural standards will help give the sub area a more distinguished look and feel—adding to the creation of a unique “sense of place” for the community. R1 Architectural standards should be used in place of design guidelines in order to make development review more predictable, fair, and expedited for applicants. R2 Architectural standards should be based on historical and local precedents/preferences. R3 Use of vinyl or similar siding should be prohibited. R4 Low-Impact design elements should be defined and encouraged. PARKING Where parking is located and how many spaces are required, has a significant impact on urban design, pedestrian comfort and safety, walkability of a place, development costs, how much land is covered in asphalt relative to the associated building footprint, and how destinations are primarily accessed. LOCATION R1 To prevent the occurrence of “garagescape” and to help “activate” residential streets as well as increase pedestrian safety, vehicular access to Lots should be taken from a rear alley. Where alleys are not feasible with new development, garages and parking areas should be located within the third layer of the Lot. Driveways of neighboring lots should be placed side-by-side. R2 On-site parking associated with mixed use and commercial buildings should be located to the side and/or rear to allow for buildings to be placed close to the right-of-way, which helps to activate the street front and encourage walkability. R3 In the Neighborhood Center transect, on-site parking should be located in the block interior. West Arlington Sub Area Plan Page | 30 R4 On-street parking should be included on all non-arterial roads where feasible to help reduce the size of parking lots and support businesses in commercial areas as well as allow a place for guests to park in residential areas. R5 The City should encourage shared parking areas to help reduce development costs and the overall amount of land used for parking. R6 Access drives to parking areas should be consolidated to reduce the amount of curb-cuts in sidewalks, which increases pedestrian comfort and safety. REQUIRED SPACES R1 Parking requirements should be calibrated in relation to each transect and allowed building types therein to ensure parking requirements don’t prevent the creation of a walkable community. R2 In the Neighborhood Center transect, developers should be encouraged to “unbundle” the cost of parking from the cost of housing to encourage affordability. Unbundling means housing units and parking spaces are sold separately. R3 On street parking in front of commercial and mixed use buildings should count towards required parking spaces to help reduce the amount of private land consumed by parking spaces. R4 To help small businesses, minimum parking requirements should be waived for commercial uses occupying less than 2,500 square feet of space. R5 A strategy should be developed for encouraging shared parking to help maximize efficiency. R6 To allow for more affordable housing, required on-site parking spaces should not be required to be covered (i.e., homes shouldn’t be required to have garages). R7 To make transportation alternatives more feasible in the area, accommodation should be given to pedestrians and bicyclists through incorporation of good streetscape and urban design. R8 In an effort to encourage affordable housing, on-site parking should be waved for ADUs less than or equal to 350 square feet. PAVING MATERIAL R1 Low impact design elements should be used to reduce storm-water run-off from parking areas associated with commercial, mixed use and residential uses. a. Storm-water retention ponds should be designed look and function like natural ponds. TDRs In an effort to create higher quality development in the sub area, a land use incentive called Transfer of Development Rights (TDR) will be used. This voluntary, incentive-based approach is an effort to guide growth away from productive agricultural and natural resource lands to more urbanized areas which can benefit from higher densities. Within the TDR program, there are sending properties and receiving properties. Properties located outside the City in the Stillaguamish River Valley adjacent to the West Bluff and Island Crossing neighborhoods would qualify as a TDR sending properties. The sending property’s development right is turned into a tradable commodity, the landowner is compensated based on current market conditions, and the property itself is preserved through a conservation easement. With the use of TDR certificates from the sending site, a developer will be able to use the development rights at a receiving property to achieve higher densities than would otherwise be permitted. West Arlington Sub Area Plan Page | 31 Within the TDR program, there are multiple benefits achieved. The property owners receive compensation and maintain low property taxes while still continuing to operate their business and live on- site. The Stillaguamish Valley would continue to be preserved and maintained for food production and for conservation of the natural resource and riverine habitats along the rivers and creeks. And, the local developers within the City limits would be able to develop their properties in the future with higher development potential. R1 The sub area should be established as a TDR receiving area in an effort to help preserve the rural nature of the Stillaguamish River Valley. West Arlington Sub Area Plan Page | 32 Implementation The West Arlington Sub Area Plan shall serve as an implementation strategy to support the vision of the residents of Smokey Point, West Bluff and Island Crossing, as well as the Growth Management Act and Snohomish County Countywide Planning Policies. With the use of Form Based Code, TDR program and other strategies as outlined in this document, the goal is to enable Smokey Point, West Bluff and Island Crossing to create their own unique sense of identity while maintaining the same community values that are known for the City of Arlington. An implementation plan for the Sub Area Plan should be developed to identify the number of initiatives that will occur over the next several years. The implementation plan will be necessary in order to carry-out the recommendations that have been outlined in this Plan. It is important that the community be involved throughout the implementation process. The City Council, as well as the Planning Commission, will play a substantial role in the adoption of this and future guiding documents. Prior to approval from the Council, the Sub Area plan will need to be discussed with various groups, including: 1. Stakeholders a. Community Residents & Businesses b. Chamber of Commerce c. Rotary Club d. Stillaguamish Tribe d.e. Community Transit 2. City Departments (i.e. Community Development, Public Works, Utilities, Airport) 3. City Advisory Committees a. Planning Commission b. Airport Commission c. Parks, Arts and Recreation Commission After approval, a Form Based Code (FBC) will need to be created and adopted into the City’s Land Use Code (LUC) and new transect zoning districts will need to be created. Although the FBC will act as an overlay to the base zoning, the FBC for the sub area will likely require substantive changes to the LUC as development occurs over time. As redevelopment occurs within the sub area, the City will need to monitor development patterns and evaluate progress of the Sub Area Plan implementation. The FBC and LUC should be calibrated as needed to adjust for development and market conditions, community needs and the overall vision of the sub area. West Arlington Sub Area Plan Page | 33 Attachments He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington Twin Lakes ?Ó !"`$ ?Ô Arlington Municipal Airport SM O K E Y P O I N T B L V D 172ND ST NE 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 188TH ST NE 43 R D A V E N E 200TH ST NE 27 T H A V E N E 45 T H D R N E TW I N L A K E S A V E 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 176TH PL NE 62 N D A V E N E 31ST DR NE 180TH ST 180TH ST NE 51 S T D R N E 186TH PL NE 182ND ST 40 T H A V E N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 195TH ST NE 179TH PL NE HIGH CLOVER BLVD NE 46TH DR NE 61 S T A V E N E 46 T H A V E N E 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 170TH PL NE 60 T H A V E N E 168TH PL NE 173RD PL NE 58 T H A V E N E 197TH PL NE 43 R D A V E N E 188TH ST NE 27 T H A V E N E 60 T H A V E N E 59 T H D R N E 188TH ST NE 177TH PL NE 175TH PL NE 200TH ST NE West ArlingtonSub-Area Boundary West Arlington Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets Attachment 1.0 Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment1.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet " He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington ArlingtonMunicipalAirport ?Ó ?Ô !"`$ Twin Lakes 172ND ST NE SM O K E Y P O I N T B L V D 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 43 R D A V E N E 27 T H A V E N E 188TH ST NE 45 T H D R N E TW I N L A K E S A V E 200TH ST NE 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 180TH ST 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 176TH PL NE 62 N D A V E N E 31ST DR NE 180TH ST NE 51 S T D R N E 195TH ST N E 186TH PL NE 182ND ST 40 T H A V E N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 179TH PL NE 206TH ST NE 207TH ST NE HIGH CLOVER BLVD NE 46T H DR NE 46 T H A V E N E 200TH PL NE 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 170TH PL NE 60 T H A V E N E 168TH PL NE 173RD PL NE 58 T H A V E N E 197TH PL NE 59 T H D R N E 27 T H A V E N E 200TH ST NE 188TH ST NE 43 R D A V E N E 177TH PL NE 188TH ST NE 175TH PL NE West ArlingtonNeighborhood Boundaries West Arlington Island Crossing West Bluff Smokey Point Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets Attachment 2.0 Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment2.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet " Attachment 3.0 Inventory of Roads Below Urban Standards Road Block Range Length (miles) Road Type1 Lanes Sidewalk Park Strip Bike Lane 174th Pl. NE 3500-3800 0.21 LA 2 No No -- 38th Dr. NE 17400-17500 0.08 LA 2 No No -- 175th Pl NE 3500-3800 0.21 LA 2 No No -- 176th Pl NE 3500-3900 0.27 LA 2 No No -- 39th Dr. NE 17600-17700 0.10 LA 2 No No -- Totem Park Ln. 3900-4100 0.16 LA 2 No No -- 177th Pl NE 4100-4300 0.15 LA 2 No No -- 178th Pl NE 3900-4100 0.10 LA 2 No No -- 39th DR NE 17800-17900 0.06 LA 2 No No -- 179th Pl NE 3700-4000 0.19 LA 2 No No -- 37th Dr. NE 17800-17900 0.06 LA 2 No No -- 178th Pl NE 3500-3800 0.22 LA 2 No No -- 36th Dr. NE 17600-17700 0.06 LA 2 No No -- 177th Pl NE 3600-3800 0.12 LA 2 No No -- 38th Dr. NE 17600-17700 0.06 LA 2 No No -- 43rd Ave NE 17200-18000 0.50 LC 2 No No -- 181st Pl NE 3500-3600 0.08 LA 2 No No -- 36th Dr. NE 18100 0.04 LA 2 No No -- 183rd Pl NE 3500-3600 0.11 LA 2 No No -- Smokey Pt. Dr. 3300-3500 0.37 LA 2 No No No 177th Pl NE 3100-3500 0.26 LA 2 No No -- 34th Ave NE 17600-17700 0.05 LA 2 No No -- 176th Pl NE 3100-3400 0.15 LA 2 No No -- 31st Dr. NE 17600-18000 0.24 LA 2 No No -- 179th St. NE 3100-3300 0.13 LA 2 No No -- 33rd Ave NE 17700-17900 0.11 LA 2 No No -- 180th St. NE 3100-3500 0.25 LA 2 No No -- 31st Ave NE 18000-18600 0.41 LA 2 No No -- 186th Pl NE 2900-3100 0.08 LA 2 No No -- 29th Ave NE 18600-18800 0.08 LA 2 No No -- 188th St. NE 2900-3700 0.50 Arterial 2 No No No Smokey Pt. Blvd 17300-21200 2.50 Arterial 2 No No No Total Sub-Area Roads = 12.7 Miles 8.27 Total Below Urban Standard 21 Closed- end streets 23 Cul- de-sac’s 1 LA = Local access Attachment 4.0 Business Inventory Advertising & Media Press/Publications/Radio/Marketing Business Name Address Neighborhood American Printers 16821 Smokey Point Blvd. SP Mr. Deez Marketing Group 19018 Smokey Point Blvd. WB Arts, Culture & Entertainment Business Name Address Neighborhood Ancient Arts Family Karate 3131 Smokey Pt Dr. SP Club Paradise 16820 Smokey Pt Blvd. SP Automotive & Marine Sales/Oil Change/Cleaning Business Name Address Neighborhood Crossroads Mkt/Car Wash 5200 172nd St. NE SP Jiffy Lube 17317 Smokey Pt. Blvd. SP Les Schwab 16607 Smokey Pt. Blvd. SP Marysville Speed ‘n Custom 18824 Smokey Pt. Blvd. WB Margo’s Safety 1 Driving School 16710 Smokey Pt. Blvd. #202 SP Oil Can Henry’s 3905 171st St NE SP Rairdon Auto 16610 Smokey Pt. Blvd. SP O’Reilly Auto Supply 3533 172nd St. NE SP Smokey Point Buick/GM 16632 Smokey Pt. Blvd. SP Computers & Telecommunications Business Name Address Neighborhood Smart Wireless 3617 172nd St. NE SP Construction Equipment & Contractors Architectural Design & Building Business Name Address Neighborhood Chopelas & Associates (Engineering & Design) 3611 168th St. NE SP Gray & Osborne, INC (Consulting Engineers) 3710 168th St. NE SP HomeRite Construction 17215 Smokey Pt. Dr. SP PowerCo Drywall 18824 Smokey Pt. Blvd. #101 SP Finance & Insurance Banks/Credit Unions/Insurance/Financial & Investment Services Business Name Address Neighborhood American Insure-All 3323 169th Pl. NE #D SP Bank of America 3230 172nd St. NE SP Cascade Bank 3532 172nd St. NE SP Chase Bank 3704 172nd St. NE SP Country Financial 3710 168th St. NE A201 SP Diversified Research 4007 168th St. NE SP Edward Jones 3707 172nd St NE #14 SP Edward Jones 3719 168th St NE SP Farmers Insurance 3131 Smokey Pt. Dr. SP Farmers Insurance 19127 Smokey Pt. Blvd. Bldg 2 WB Farmers Insurance 16817 Smokey Pt. Blvd. SP Key Bank 17311 Smokey Pt. Dr. SP Mt. Crest Credit Union 3710 168th St. NE #A108 SP North County Bank 16419 Smokey Pt. Blvd. SP Schlagel Insurance 17215 Smokey Pt. Dr. SP Total Buy, Sell and Loan 3131 Smokey Pt. Dr. SP Union Bank 3506 168th St. NE SP Vintage Lane Venture Group 3710 168th St. NE #207B SP Whidbey Island Bank 4220 172nd St. NE SP Fuel Gas Stations/Heating/Natural Gas Business Name Address Neighborhood Aire Force Heating & Gas 3810 166th Pl. NE #W-1 SP 76 2313 SR 530 NE IC Chevron 2233 SR 530 NE IC Safeway Gas 3521 172nd St NE SP Shell 3316 172nd St. NE SP Tesoro 2324 SR 530 E IC Government & Education Business Name Address Neighborhood Liquor & Wine 3704 172nd St. NE #G SP Postal & Pay Licensing Sub-Agency 3131 Smokey Pt. Dr. SP U.S Post Office/Smokey Pt. Branch 3621 168th St. NE SP WA State Dept. of Social/Health Services 3704 172nd St NE #P SP WA State Drivers Licensing 3704 17nd St. NE #K1 SP Health Care Dental/Hospitals & Clinics/Chiropractors/Medical/Dental & Nursing Care/Pharmacy Business Name Address Neighborhood All American Hearing Aids 3402 173rd Pl. NE #102 SP Alpine Professional Center*** 17432 Smokey Pt. Blvd. #102- 103 SP Arlington Pediatric Dentistry 3710 168th St. NE SP Compass Health 3220 173rd Pl NE SP Cumulus Professional Park**** 16410 Smokey Pt. Blvd. SP Ernst Chiropractic Clinic 16714 Smokey Pt. Blvd. SP Family Dentistry 3210 Smokey Pt. Dr. SP Gutierrez Chiropractic 3704 172nd St. #N SP Message Therapy 16410 Smokey Pt. Blvd. #303 SP N. Sound Physical Therapy 3405 172nd St. NE #10 SP Pilchuck Plaza – Doctors (2) 3710 168th Pl. NE SP Points & Pathways Acupuncture 3710 168th St. NE #A101 SP Professional Services Ctr** 3225 Smokey Pt. Dr. SP Puget Sound Kidney Center 18828 Smokey Pt. Blvd. WB Smokey Point Chiropractic 4113 172nd St. NE SP Smokey Point Family Dentistry 3533 172nd St. NE #B SP Stillaguamish Behavioral Health Center 4126 172nd St. NE #B SP The Pacific Building* 3210 Smokey Pt. Dr. SP *Acupuncture, dentists (2) **Lee & Associates—Attorney’s, Timberland Reality Group, Smokey Point Orthodontics, doctors (2) ***Chiropractors (2), Foot & Ankle Specialist, Vision Clinic, Dentist ****Vision Center, Cascade Valley Clinic, Harmony Massage Therapy, Family Dentistry, Hellerwork Healing Arts, Pharmacy, Psychiatric Practitioner, M.P.C Clinic—permanent cosmetics, Lavenders Skin Care, Terry Benham Physical Therapy, Smokey Point Massage Therapy, Cascade Rehab Associates, NW Eye Surgeons, Alpine Recovery Services. Home & Garden Business Name Parcel Reference Number Neighborhood Lowe’s 3300 169th Pl. NE SP Parker Paint 17306 Smokey Pt. Dr. SP Sherman Williams Paint 3707 172nd St. NE SP Virtual Floor 3323 169th Pl. NE #E SP Legal Tax Preparation/Attorney’s/Legal Services Business Name Parcel Reference Number Neighborhood Riley Lee, Attorney 3325 Smokey Pt. Dr. SP Abelite Law Office 16710 Smokey Pt. Blvd. #200 SP Witsoe-Haug & Associates 3727 168th St. NE SP Lodging & Travel Hotels/Motels/Travel Agencies Business Name Parcel Reference Number Neighborhood Arlington Chamber of Commerce 3710 168th St. NE SP Arlington Motor Inn 2214 SR 530 IC Medallion Hotel 16710 Smokey Pt. Blvd. SP Smokey Point Motor Inn 17329 Smokey Pt. Blvd. SP Snohomish County Tourism 3710 168th St. NE SP Manufacturing, Production & Wholesale Business Name Parcel Reference Number Neighborhood Aire Force Heating & Gas 3810 166th Pl. NE #w1 SP Artistic Drywall Textures, INC 3810 166th Pl. NE #205 SP Duncan Electric 4413 196th Pl NE WB R & S Electric 18220 Smokey Pt. Blvd SP Hertz Rental 16424 Smokey Pt. Blvd. SP Indian Fireworks SR 530 & Smokey Pt. Blvd. IC National Food Corp. 6524 180th St. NE SP NORETEP Poeschel & Schultz 19203 Smokey Pt. Blvd IS NW Pluming Contractors 3810 166th Pl. NE #123 SP Olympic Security 3810 166th Pl. NE #101 & W5 WB Pacific Surveying Equipment 16716 Smokey Pt. Blvd. #1 SP Smokey Point Electric, INC 3810 166th Pl. NE#203 SP Personal Services & Care Beauty Salons/Spas/Massage Therapy/Security Services/Childcare Business Name Parcel Reference Number Neighborhood Advanced Mobility 3710 168th St. NE #201 SP All Mind & Body 3719 168th St. NE #C SP Arlington Massage 18725 Smokey Pt. Blvd. SP Chrysalis Clinic— Cosmetics 3710 168th St. NE #B101 SP CK Nails & Spa 3323 169th Pl. NE #H SP Cleaners 3704 172nd St NE #J SP Communication for Kids (Pediatric Speech Pathologists) 3710 168th St. NE B #103 SP Crown Creations Hair Design 4127 172nd St. NE #B SP Hair Masters 3704 172nd St. NE #M SP Hair Masters 3411 169th Pl. NE #G SP Hi-Tek Nails 3405 172nd St. NE #6 SP Hot Tans 3411 169th Pl. NE #F SP Jenny’s Family Haircuts 19201 Smokey Pt. Blvd. WB Kids ‘N Us Childcare 3602 166th Pl. NE SP Kids N’ Play Learning Ctr 3707 168th St. NE#3 SP Little Caboose Daycare 19702 48th Ave. NE WB Mariner Hair Design 3131 Smokey Pt. Dr. Ste. D SP Suds & Duds Laundry 3131 Smokey Pt. Dr. #H SP NW Children’s School 3833 168th St. NE #1 SP Shawna’s Family Daycare 4628 191st Pl. NE WB Ronning Chiropractic & Massage 3116 A 188th St. NE SP Salon Daidree 3426 177th Pl NE SP Salon Savvy 3710 168th St NE B #101 SP Smokey Pt. Cleaners 3323 169th Pl NE SP Smokey Pt. Daycare 3719 168th Pl NE #E SP Sophisticut 3719 168th St NE #A SP Tina’s Family Daycare 20008 48th Dr. NE WB Pets & Veterinary Business Name Parcel Reference Number Neighborhood Advanced Care Animal Clinic 16820 Smokey Pt. Blvd. #2 SP Family Pet Medical Surgery 3704 172nd St. NE #L SP Smokey Pt. Animal Hospital 16720 Smokey Pt. Blvd. SP Smokey Pt. Grooming 3833 168th St. NE #3 SP Real Estate, Moving & Storage Business Name Parcel Reference Number Neighborhood Bull Dog Self Storage 3832 172nd St. NE SP Midway Reality 17303 Smokey Pt. Blvd. SP Papa’s Lockers 16632 Smokey Pt. Blvd. SP Ramo Realty 16710 Smokey Pt. Blvd. SP RE/Max 3131 Smokey Pt. Dr. #B SP Sterling Realty-Smokey Pt. Mini Storage 3830 168th St. NE SP Religious/Community Organizations Church Name Parcel Reference Number Neighborhood Iglesia Agape 17215 Smokey Pt. Dr. SP Jake’s House Ministries 18824 Smokey Pt. Blvd, #105 WB Smokey Point Community Church 17721 Smokey Pt. Blvd SP Smokey Point Church of Christ 18526 35th Ave NE WB Stillaguamish Senior Center 18308 Smokey Pt. Blvd. SP The Church of Jesus Christ of Latter-day Saints 17222 43rd Ave. NE SP Restaurants, Food & Beverages Restaurants, Grocery Stores, Fast Food, Espresso Stands Business Name Parcel Reference Number Neighborhood #1 Teriyaki 3405 172nd St. NE #A23 SP Alfy’s Pizza 3405 173rd Pl. NE SP Baskin Robbins 3411 169th Pl NE #I SP BLVD Espresso 16831 Smokey Pt. Blvd. SP Buzz Inn 17216 Smokey Pt. Dr. SP Country Mudd 5200 172nd St. NE SP Denny’s 2202 SR 530 E IC Domino’s Pizza 3131 Smokey Pt. Dr. SP El Gitano 3528 168th St. NE SP Ellie’s Restaurant 3525 168th Pl. NE SP Iversen Dairy Distributing 3818 168th St. NE #13 SP Jack-In-The-Box 3818 172nd St. NE SP KFC 3433 1679th Pl NE SP Las Coronas 3131 Smokey Pt. Dr. SP McDonalds 3529 172nd St. NE SP Moose Creek BBQ 3617 172nd St. NE #5 SP Nadine’s All American 3131 Smokey Pt. Dr. #8 SP Olympic Pizza House 17324 Smokey Pt. Dr. SP Papa Murphy’s 3411 169th Pl. NE #H SP Paraiso 3611 168th St. NE SP Patty’s Nest Egg 2310 SR 530 NE IC Peking Palace 16820 Smokey Pt. Blvd.#3 SP Pho Dat 3411 169th Pl. NE #E SP Produce Place 5702 172nd St. NE #D SP Safeway 3532 172nd St. NE SP 7-11 17127 Smokey Pt. Blvd. SP Smoke Shop SR 530 & Smokey Pt. Blvd IC Smokey Point Espresso 17316 Smokey Pt. Blvd. SP Sports Buzz, The 2431 SR 530 NE IC Starbucks 3617 172nd St. NE SP Subway 16820 Smokey Pt. Blvd. #1 SP Taco Del Mar 3707 172nd St. NE SP Taco Time 3405 172nd St. NE SP Teriyaki Point 3617 172nd St. NE #4 SP Tokyo House Restaurant 3323 169th Pl. NE #G SP Wendy’s 3404 172nd St. NE SP Shopping & Specialty Retail Antiques/Florists /Drug Store Business Name Parcel Reference Number Neighborhood Aunt Mary’s Quilt Shop 3323 169th Pl NE SP Big Foot Music 3405 172nd St. NE #21 SP Brushstrokes Art Supply 5702 172nd St. NE #B SP Casa de Novias 17306 Smokey Pt. Dr. #15 SP Games Plus 17306 Smokey Pt. Dr. #19 SP Hook, Line & Sinker 17306 Smokey Pt. Dr. #18 SP Mailbox Depot 3405 172nd St. NE #5 SP Pacific Survey Supply 16716 Smokey Pt. Blvd. #1 SP Reader’s Choice Used Books 3323 169th Pl. NE #F SP Rite Aid 17226 Smokey Pt. Blvd. SP Smokey Point Jewelry & Pawn 3405 172nd St. NE #23 SP Smokin 67 3405 172nd St. NE #4 SP The Glass Cottage 4127 172nd St. NE SP Technical Advantage 16710 Smokey Pt. Blvd.#304 SP Your Healthy Home Store 3405 172nd St. NE SP Virtual Floor 3323 169th Pl. NE #E SP Sports & Recreation Fitness/Country Clubs Business Name Parcel Reference Number Neighborhood Gold’s Gym 3131 Smokey Pt. Dr. SP Northwest Dance & Acro Center 5200 172nd St. NE #104 SP Trinity Martial Arts 3405 172nd St. NE SP «5 «3 «2 «1 «2 «4 «3 «3 «1 «2 «4 «4 «2 «3 «3 «3 «1 «2 «1 «2 «5 «3 «C «A «B «B «C He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Marysville City of Arlington Twin Lakes ?Ó ?Ô !"`$ 172ND ST NE SM O K E Y P O I N T B L V D 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 43 R D A V E N E 27 T H A V E N E 188TH ST NE 45 T H D R N E 200TH ST NE TW I N L A K E S A V E 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 176TH PL NE 62 N D A V E N E 31ST DR NE 195TH ST N E 180TH ST NE 51 S T D R N E 186TH PL NE 182ND ST 40 T H A V E N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 62ND DR NE 179TH PL NE 206TH ST NE 207TH ST NE HIGH CLOVER BLVD NE 46 TH D R NE 46 T H A V E N E 184TH PL 42 N D D R N E 60 T H A V E N E 168TH PL NE 173RD PL NE 58 T H A V E N E 197TH PL NE 59 T H D R N E 188TH ST NE 200TH ST NE 43 R D A V E N E 27 T H A V E N E 177TH PL NE 188TH ST NE 175TH PL NE West ArlingtonCurrent Zoning Attachment 5.0 Zoning is shown for West Arlington Sub-Area and Aviation Flightline only. Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment5.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet RHD=High Density ResidentialRMD=Moderate Density ResidentialNC=Neighborhood CommercialGC=General CommercialHC=Highway CommercialBP=Business ParkLI=Light IndustrialP/SP= Public/Semi-PublicAF=Aviation Flightline APD Safety Zones APD Subdistricts A B DC West Arlington Arlington City Limits Watercourse Waterbody State Highway Off ramp State Route Arterial Streets " Attachment 6.0 Available Land Inventory Conditions Under Current Zoning Neighborhood Acreage Parcels1 Avg. Size Infill-Res. Infill-Com. Smokey Point 796 1343 0.59ac 422 du West Bluff 85 51 1.67ac 20 du Island Crossing 124 34 3.65ac 0 du Total: 1005 1428 442 du 3472323 sf Total Vacant Land Acreage Parcels Avg. Size Infill-Res. Infill-Com. Zoned HC 183.74 28 6.56 1840854 sf Zoned GC 65.34 9 7.26 569242 sf Zoned RMD 21.61 11 1.96 129 du* Total: 270.69 48 129 du 2410096 sf Premature Land Acreage Parcels Avg. Size Infill-Res. Infill-Com. Zoned HC 102.58 31 3.31 1027728 sf Zoned NC 3.96 4 0.99 34499 sf Zoned RMD 45.31 48 1.01 288 du* Zoned RHD 2.12 2 1.06 25 du** Total: 153.97 85 313 du 1062227 sf 1Some properties have multiple parcel numbers to indicate that there is more than one owner. Attachment 7.0 Community Transit Source: Community Transit He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River 188th St NE 186th St NE 180th St NE 178th St NE 182ndSt NE 184th St NE 176th St NE 174th St NE 170th St NE 172nd St NE 168th St NE 166th St NE 164th St NE 33rd A v e N E 41st A v e N E 39th A v e N E 37th A v e N E 35th A v e N E 43rd A v e N E 45th A v e N E 47th A v e N E 49th A v e N E 51st A v e N E Sm o k e y P o i n t B l v d City of Arlington Twin Lakes ?Ó ?Ô !"`$ Arlington Municipal Airport 204th St NE Current West Arlington Pedestrian Network Trails West Arlington City Limits Roads-private Watercourse Waterbody Public Sidewalks State Highway Off ramp State Route Arterial Streets Attachment 8.0 Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment8.0.mxd Date :9/01/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet " He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington ?Ó ?Ô !"`$ Twin Lakes Arlington Municipal Airport 172ND ST NE SM O K E Y P O I N T B L V D 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 188TH ST NE 43 R D A V E N E 27 T H A V E N E 200TH ST NE 45 T H D R N E TW I N L A K E S A V E 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 176TH PL NE 62 N D A V E N E 180TH ST31ST DR NE 180TH ST NE 51 S T D R N E 186TH PL NE 182ND ST 40 T H A V E N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 195TH ST N E 179TH PL NE HIGH CLOVER BLVD NE 46TH D R NE 61 S T A V E N E 46 T H A V E N E 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 170TH PL NE 60 T H A V E N E 168TH PL NE 173RD PL NE 58 T H A V E N E 197TH PL NE 59 T H D R N E 60 T H A V E N E 43 R D A V E N E 188TH ST NE188TH ST NE 200TH ST NE 177TH PL NE 27 T H A V E N E 175TH PL NE West ArlingtonWater and WastewaterUtility Services Attachment 9.0 Water bodies, water courses(2006) Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment9.0.mxd Date :9/01/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet City of Arlington Water/Wastewater Utility Service Area City of Marysville Water/Wastewater Utility Service Area West Arlington Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets Utility Services are shown for the West Arlington Sub-Area only " He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington Twin Lakes ?Ó ?Ô !"`$ L o w e r M a i n s t e m S t i l l a g u a m i s h Wa t e r s h e d P o r t a g e C r e e k Wa t e r s h e d M i d d l e F o r k Q u i l c e d a C r e e k Wa t e r s h e d We s t F o r k Q u i l c e d a C r e e k Wa t e r s h e d Arlington Municipal Airport 172ND ST NE SM O K E Y P O I N T B L V D 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 188TH ST NE 43 R D A V E N E 27 T H A V E N E 200TH ST NE 45 T H D R N E TW I N L A K E S A V E 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 180TH ST 176TH PL NE 62 N D A V E N E 31ST DR NE 180TH ST NE 51 S T D R N E 186TH PL NE 182ND ST 40 T H A V E N E 177TH PL NE 195TH ST N E 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 179TH PL NE HIGH CLOVER BLVD NE 206TH ST NE 46T H DR NE 46 T H A V E N E 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 170TH PL NE 60 T H A V E N E 173RD PL NE 58 T H A V E N E 197TH PL NE 43 R D A V E N E 59 T H D R N E 188TH ST NE188TH ST NE 200TH ST NE 177TH PL NE 175TH PL NE West ArlingtonKnown Critical Areas Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlingtonAtt10.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. " West Arlington Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets 0 1,000 2,000500 Feet Attachment 10.0 * It is anticipated that more Critical Areas will be added as this data set is "a work in progress". 2% Annual Chance of Flood Hazard Flood data from the Federal Emergency Management Agency is preliminaryand should be considered draft data. Critical Areas * COA Designated Wetlands Lower Mainstem Stillaguamish MF Quilceda Creek Portage Creek WF Quilceda Creek !Rèéë !R !R !R !R !R !R !R !R He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River River Trail View Deck 188th St NE 186th St NE 180th St NE 178th St NE 182ndSt NE 184th St NE 176th St NE 174th St NE 170th St NE 172nd St NE 168th St NE 166th St NE 164th St NE 33rd A v e N E 41st A v e N E 39th A v e N E 37th A v e N E 35th A v e N E 43rd A v e N E 45th A v e N E 47th A v e N E 49th A v e N E 51st A v e N E Sm o k e y P o i n t B l v d City of Arlington Twin Lakes Possible Future Freeway Interchange ?Ó ?Ô !"`$ 35th Ave./ Smokey Point Blvd.Improvements Arlington Municipal Airport 204th St NE West Arlington Proposed Road and Pedestrian Network Plan Attachment 11.0 Local Access Local Collector Collector Arterial (3 lane) Arterial (5 lane) New Local Access New Local Collector New Collector Arterial (3 lane) New Arterial (4 lane) !R New 2 Lane Roundabout èéë New Signal * Proposed Trails Planned West Arlington Watercourse Waterbody Arlington City Limits Roads-private State Highway Off ramp State Route Arterial Streets Existing Water bodies, water courses(2006), Snohomish County Dept of Information Systems, GIS dataset. Applied Principles: 1. Connectivity 2. Accomodation for a Variety of Transposrtation Types 3.Sprawl Repair Cartographer : LB File : WArlAttachment11.0.mxd Date :10/19/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet * It is importatnt to note that all proposed trails are located outside of critical areas. " He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington ?Ó ?Ô !"`$ Twin Lakes A SM O K E Y P O I N T B L V D 172ND ST NE 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 188TH ST NE 43 R D A V E N E 27 T H A V E N E 200TH ST NE TW I N L A K E S A V E 45 T H D R N E 31 S T A V E N E 168TH ST NE 35 T H A V E N E 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE25 T H A V E N E 180TH ST 176TH PL NE 62 N D A V E N E 31ST DR NE 186TH PL NE 180TH ST NE 51 S T D R N E 182ND ST 40 T H A V E N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 169TH ST NE 174TH PL NE 179TH PL NE HIGH CLOVER BLVD NE 46TH DR NE 61 S T A V E N E 46 T H A V E N E 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 170TH PL NE 189TH PL NE 60 T H A V E N E 173RD PL NE 58 T H A V E N E 197TH PL NE 59 T H D R N E 188TH ST NE 188TH ST NE 43 R D A V E N E 200TH ST NE 177TH PL NE 175TH PL NE 27 T H A V E N E Proposed West ArlingtonGateway Monument Placement West Arlington Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets Attachment 12.0 Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Cartographer : LB File : WArlAttachment12.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet Arlington Municipal Airport A Gateway Monument " He y h o C r e e k West F o r k Q u i l c e d a C r e e k Ed g e c o m b e C r e e k South Slough March Creek Bjorn Creek Portage Creek Stillaguamish River Sm o k e y P o i n t B l v d City of Arlington Lakes ?Ó ?Ô !"`$ SD-1 T1-NZ SD-1 SD-1 SD-1T4-NG T4-NG T4-NG T1-NZ T1-NZ T1-NZ T5-NC T5-NC T1-NZ T1-NZ T3-NS T3-NS T3-NS 204th St. NE 172ND ST NE SM O K E Y P O I N T B L V D 204TH ST NE 51 S T A V E N E 23 R D A V E N E 59 T H A V E N E 59 T H D R N E 43 R D A V E N E 188TH ST NE 27 T H A V E N E 45 T H D R N E 200TH ST NE TW I N L A K E S A V E 31 S T A V E N E 168TH ST NE 169TH PL NE SPRING LANE AVE 196TH PL NE AIRPORT BLVD 166TH ST NE 180TH ST 25 T H A V E N E 176TH PL NE 62 N D A V E N E 31ST DR NE 180TH ST NE 51 S T D R N E 186TH PL NE 182ND ST 195TH ST N E 177TH PL NE 171ST PL NE 175TH PL NE 178TH PL NE 174TH PL NE 179TH PL NE HIGH CLOVER BLVD NE 206TH ST NE 207TH ST NE 46T H DR NE 46 T H A V E N E 200TH PL NE 184TH PL 43 R D D R N E 174TH PL 42 N D D R N E 60 T H A V E N E 187TH PL 168TH PL NE 173RD PL NE 58 T H A V E N E 197TH PL NE 188TH ST NE 188TH ST NE 200TH ST NE 59 T H D R N E 43 R D A V E N E 27 T H A V E N E 175TH PL NE Proposed West ArlingtonRegulating Plan Attachment 13.0 Cartographer : LB File : WArlAttachment13.0.mxd Date :9/1/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. 0 1,000 2,000500 Feet West Arlington Arlington City Limits Roads-private Watercourse Waterbody State Highway Off ramp State Route Arterial Streets "Water bodies, water courses(2006),Snohomish County Dept of Information Systems, GIS dataset. Arlington Municipal Airport Special District (SD) T3 Neighborhood Suburban (NS) T4 Neighborhood General (NG) T5 Neighborhood Center (NC) T1 Natural Zone (NZ) * West Arlington Sub-Area Plan Public Meeting Report Thursday, October 7, 2010 Stillaguamish Senior Center, Arlington A public meeting regarding the West Arlington Sub-Area Plan took place at the Stillaguamish Senior Center on Thursday, October 7, 2010 at 6pm. Public notices went out a week prior to the meeting. Notices were also published in The Everett Herald, The Arlington Times and on the City’s official website. Fliers were handed out a week and a half prior to local clubs and businesses. The purpose of this public meeting was to inform the public about the details of the Draft Plan regarding growth and development in the Smokey Point, West Bluff and Island Crossing neighborhoods. Staff also discussed the next steps in the planning process. The presentation format consisted of a Power Point presentation that focused on goals and objectives, housing patterns, roadway improvements, addition of new civic spaces and gateways, integration of new urbanism and form based codes, transfer of development rights (TDR), and next steps in the planning process. There were also four presentation boards that focused on transportation improvements, critical areas, existing zoning and future transect zoning. Turn-out at the open house was relatively high, with an estimated 40 citizens in attendance. Those in attendance consisted of community residents, business owners, political leaders and agency representatives. During the public meeting, Community Development Director, David Kuhl, and Associate Planner, Todd Hall, gave a Power Point presentation regarding existing conditions and future development goals for the sub area. David focused primarily on the goals and objectives, transportation improvements and civic space improvements. Todd focused his discussion on new planning methods proposed to be implemented, including principles of new urbanism, form based codes and the inclusion of a TDR program that will send development credits from the Stillaguamish River Valley to the West Arlington Sub Area. Both the form based code and TDR programs will be developed over the course of 2011/2012. After the presentation, the attendees gathered in groups at several tables and discussed ten questions that were posed to the groups by Staff. These included: 1. Walkability, connectivity and mixing land uses are a principle of New Urbanism (traditional neighborhood design). Do you feel these concepts could be expanded in West Arlington and where do you see these concepts being implemented? 2. Form Based Codes regulate as to form of buildings rather than land-use. Land-uses will still be regulated to prevent nuisances going in next door to each other. The form of the building will be regulated to achieve a pre-determined style and form. 2 What part of West Arlington do you see this approach working? Where will this not work? 3. Cul-de-sacs should be prohibited with new development. Streets associated with new subdivisions should be required to provide access links to neighboring parcels that are vacant. Do you agree this more traditional form of development and allowing increased connectivity within neighborhoods? 4. On commercial streets, sidewalk width should be wide enough to not only accommodate pedestrians but uses from adjacent buildings that may extend out onto the sidewalk (such as an outdoor café or sidewalk sale). Do you feel this approach would work in West Arlington? 5. Traffic calming is necessary to ensure drivers do not speed on roads where safety and high traffic volume are concerns. Suggested traffic calming devices for local access streets include: raised crosswalks, textured surfacing, traffic circles, realigned intersections, neckdowns, center island crossings, and raised intersections. Are you opposed to any of these methods? The City is considering traffic calming measures for 35th Ave NE to reduce cut-through traffic. Are there other streets within the sub area that should also be considered for traffic calming? 6. Open spaces are vital to a community’s health and vibrancy and become increasingly valuable as communities mature in density. A variety of civic spaces should be encouraged in the sub area to improve the area’s livability. Where within the subarea do you feel the primary focus for civic spaces should be? What type(s) of civic spaces do you prefer? (public plazas, squares, green spaces, sports fields) 7. Density should be calculated by a guaranteed set number of allowable dwelling units per acre. This gives applicants predictability and the flexibility needed to adhere to spatial arrangement requirements set forth in the FBC. Do you agree with these principles? What do you foresee as the ideal density for the sub area? 8. Building height should be regulated by number of stories (above ground) instead of feet to allow for better building functionality (although airport height restrictions would still apply). What do you foresee as a typical building height allowance for properties that abut Smokey Pt. Blvd or are located within the “central” core of the sub area (i.e. 172nd and SP Blvd.)? 9. Ancillary Buildings are usually associated with single family residential units and can function as a detached garage, Accessory Dwelling Unit (ADU), or both. More ADU’s are needed in the sub area to help provide more affordable housing that is evenly distributed throughout the area. Would you support the development of ADU’s in your neighborhood? If so, what criteria should they be based on? 10. On street parking in front of commercial and mixed use buildings should count towards required parking spaces to help reduce the amount of private land consumed by parking spaces. Do you agree with this concept? Do you feel that as the neighborhood character changes over time (i.e. more mixed-uses along Smokey Point Blvd), would this create parking challenges? For instance, would you be opposed to having more on street parking vs. more off -street parking which uses up valuable land development opportunities? 3 Question 1, Walkability: Respondents stated they were very much in favor of increasing pedestrian walkability north of 172nd St, as sidewalks are either sporadically provided or there are none at all. Question 2, Form Based Codes: There were some mixed ideas on form based codes. Some stated that they were not a good idea, some stated that they are good for the whole area, and others suggested targeting it in specific areas. For instance, it makes sense to implement this along Smokey Point Blvd., at SP Blvd. and 188th, and at the Island Crossing intersection at SR530. Question 3, Cul-de-sacs: Many expressed the need to either eliminate or restrict cul-de- sacs as they restrict connectivity to other areas of the neighborhood and impede easy access to local businesses, whether driving or walking. Some, however, indicated they were in favor of cul-de-sacs as they provide a safe place for their children to play. Question 4, Sidewalk Widths: Some respondents asked who would bear the cost of larger sidewalks, and whether the City should provide assistance. Many agreed that larger sidewalks are great, but they need to be safe and not cluttered with signs or other clutter that may impede safe walking. Question 5, Traffic Calming: There were many concerns about traffic calming devices. Attendees were split in whether or not traffic circles should be implemented, as many drivers in our region are not used to them and may pose a safety concern. Many were against having speed bumps in neighborhoods. And there were some residents along 35th that wanted the road to be completely closed to prevent cut-through traffic. Question 6, Open Spaces: All attendees agreed that there is a need for more public and civic spaces in the sub area. Some suggestions for locations include parks and public plazas north of 172nd and south of the Gold’s Gym, and another in West Bluff between SR530 and 188th. Squares on 172nd should also be encouraged near 172nd on the south end of Smokey Point Blvd. Future commercial development should be required to provide public plazas or green spaces. There was also a comment for sports fields in the area. Question 7, Density: There was no consensus on the ideal density for the sub area. Some stated that it should be calculated by the number of allowable units per acre. However, many agreed that this should not be allowed in the agricultural areas. Question 8, Building Height: Suggestions for building height included 3 stories for commercial, 5 stories for mixed use with retail on ground floor and housing above. Some stated that building heights could be higher adjacent to 172nd and Smokey Point Blvd, but should be tapered down as you move northward toward West Bluff and Island Crossing. One comment stated that all buildings should be compatible with airport height restrictions. 4 Question 9, Accessory Dwelling Units (ADUs): There were mixed emotions about allowing ADUs in the sub area. Many understood the future need for more affordable and alternative housing options. However, it was made clear that, if allowed, a strong emphasis should be placed on where they would be allowed and how they should be oriented and designed within a lot. Some expressed the need to control who and how many residents would be allowed to live within a unit. Question 10, On-street Parking: Many responded that there is a need for more on-street parking, especially along Smokey Point Blvd. Parking should be provided in-front of all commercial buildings and side streets, but no angle parking should be permitted on busy streets. Regarding the question whether on-street parking should be counted toward the parking space requirement for a business, the respondents did not agree with this concept. General consensus: Attendees stated that they were in general support of form-based codes, that connectivity is very important, that transportation and pedestrian safety issues should be a top priority, and that ADUs are not strongly supported. Chapter 12: Other Related Plans Adopted by Reference 12.1 PURPOSE OF THIS CHAPTER............................................................................... 12-1 12.2 SEWER COMPREHENSIVE PLAN .......................................................................... 12-1 12.3 WATER COMPREHENSIVE PLAN .......................................................................... 12-1 12.4 STORMWATER MANAGEMENT COMPREHENSIVE PLAN .......................................... 12-3 12.5 ECONOMIC DEVELOPMENT PLAN ........................................................................ 12-3 12.6 AIRPORT MASTER PLAN ..................................................................................... 12-3 12.7 SHORELINE MASTER PLAN ................................................................................. 12-6 12.8 WEST ARLINGTON SUB AREA PLAN ............................................................ 12-6 12.98 ARLINGTON SCHOOL DISTRICT CAPITAL FACILITIES PLAN .................................... 12-6 12.109 LAKEWOOD SCHOOL DISTRICT CAPITAL FACILITIES PLAN ..................................... 12-6 12.110 SNOHOMISH COUNTY SOLID WASTE MANAGEMENT PLAN ................................. 12-6 City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 1 5 December 2005January 2011 12 Other Related Plans Adopted by Reference 12.1 PURPOSE OF THIS CHAPTER There are several Comprehensive Plans developed independently of this document that nevertheless work in tandem with it and are therefore considered a part of this Com- prehensive Plan. When these documents are created and/or updated, information from this plan is used in formulating them or vice-versa. The following plans are hereby adopted by reference as a part of this plan. 12.2 SEWER COMPREHENSIVE PLAN The City of Arlington's sanitary sewer sys- tem is a major infrastructure, much of which is imperceptible to the people that discharge waste to it. The sanitary sewer system re- quires qualified staff to operate and main- tain it, and an ongoing capital improvement program to replace old components to meet the requirements mandated by federal and state laws. The primary purpose of the City of Arlington Comprehensive Sewer System Plan is:  To evaluate existing sewer flow data and project future flows.  To analyze the existing sewer system to determine if it meets minimum require- ments mandated by DOE and the City’s own policies and design criteria.  Determine the overall reliability and vul- nerability of existing wastewater lift sta- tions.  To identify sewer system improvements that will resolve existing system defi- ciencies and accommodate future needs of the system for at least 20 years into the future.  To prepare a schedule of improvements that meets the goals of the City’s finan- cial program. The City of Arlington Comprehensive Sewer Plan is presently being updated and should be completed in early 2006. Although not completed, the Plan is expected to present a description of the existing sewer system and service area, a forecast of future sewer demands, policies and design criteria for sewer system operation and improvements, the operations and maintenance program, staffing requirements, a schedule of im- provements, and a financial plan to accom- plish the improvements. The Plan should also include several ancillary elements such as sludge management, solids handling and wastewater pretreatment programs, and NPDES and other permitting requirements. 12.3 WATER COMPREHENSIVE PLAN The City of Arlington's water system is a major infrastructure, much of which is invisi- ble to the people that receive water from it. The water system requires qualified staff to operate and maintain it, and an ongoing capital improvement program to replace old components to meet the requirements man- dated by federal and state laws. The prima- ry purpose of the City of Arlington Compre- hensive Water System Plan is:  To evaluate existing water demand data and project future water demands.  To analyze the existing water system to determine if it meets minimum require- ments mandated by DOH and the City’s own policies and design criteria. City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 2 5 December 2005January 2011  To identify water system improvements that resolve existing system deficiencies and accommodate future needs of the system for at least 20 years into the f u- ture.  To prepare a schedule of improvements that meets the goals of the City’s finan- cial program.  To evaluate past water quality and iden- tify water quality improvements, as ne- cessary.  To document the City’s operations and maintenance program.  To prepare conservation, emergency response, cross connection control, wellhead and watershed protection, and water quality monitoring plans.  To comply with all other water system plan requirements of DOH. This plan complies with Washington State Department of Health (DOH) regulations under WAC 246.290.100, which requires water purveyors to update their water sys- tem plans every six years. The current City of Arlington Water System Comprehensive Plan was approved by DOH in August 2004 and adopted by Arlington City Council in August 2005. The Comprehensive Water System Plan presents a description of the existing water system and service area, a forecast of fu- ture water demands, policies and design criteria for water system operation and im- provements, the operations and mainten- ance program, staffing requirements, a schedule of improvements, and a financial plan to accomplish the improvements. The Plan also includes several ancillary ele- ments, which include a water conservation plan, a water quality monitoring plan, a wellhead protection plan, and an emergency response plan. The existing water system was evaluated to determine its ability to meet the policies and design criteria of the City and those mandated by the Department of Health. The results of the evaluation are summarized below.  The City has sufficient water supply to meet the demands of the existing water system customers. However, additional water supply will be needed as early as 2014 to meet the projected demands of the system based on the forecasted population growth.  The existing Airport Well need rehabili- tation related to the aging structure and general safety issues. If the City can ob- tain additional water rights for the well, the capacity of the well will be increased and the water will require iron and man- ganese treatment.  Additional storage is needed for system redundancy and for future storage re- quirements related to growth.  The Burn Road Reservoir is surrounded by steep slopes and is reaching its de- sign life. Abandonment of the storage reservoir is necessary.  General structural and ventilation im- provements are necessary at the Gle- neagle Reservoir.  Several areas of system require re- placement of existing water main to re- solve deficiencies related to low fire flows, aging water main, and undesira- ble materials.  An additional pressure reducing station is needed to improve fire flow in a loca- lized area.  The existing remote telemetry units are linked to the master telemetry unit with leased telephone lines and should be upgraded to a radio-based or fiber-optic based telemetry system. Improvements to the water system are ne- cessary, primarily to resolve existing system deficiencies, but also to accommodate the increase in water demands from future growth. Improvements identified for the first six years of the capital improvement pro- gram (2004-2009) are estimated to cost ap- proximately $14,317,000, which results in an average expenditure of approximately City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 3 5 December 2005January 2011 $2,386,000 per year. Improvements in the following six years (2010-2015) are esti- mated to cost approximately $11,516,000. The financial analysis is intended to illu- strate the feasibility of funding the operation and maintenance and capital improvements recommended for the water system for the next six years. The first six years of capital improvements can be funded from a combi- nation of sources that include low interest Public Works Trust Fund loans, connection charges, rates and reserves. The cost of operating the water system and funding capital improvements over the upcoming six years will require an increase in rates and connection charges. 12.4 STORMWATER MANAGEMENT COMPREHENSIVE PLAN The City of Arlington has many programs and activities in place to protect the quality of surface waters and groundwater. The City developed a stormwater comprehen- sive plan in 1995 that addressed both the management of stormwater quantity and quality (local flooding or stormwater pollu- tion problems). The City regulates stormwa- ter impacts through its stormwater ordin- ance (Ordinance No. 1266) adopted by the City Council on September 4, 2001, and will soon begin to finance stormwater capital facilities through the implementation of a stormwater utility authorized by the same ordinance. Because the regulatory environ- ment has changed since 1995, particularly with respect to endangered species and the National Pollutant Discharge Elimination System (NPDES) Phase II stormwater dis- charge permit for small municipalities, the City is obligated to re-visit its stormwater management plan to ensure that spending on capital facilities is focused on appropriate goals. The City of Arlington is in the process of up- dating its Stormwater Management Com- prehensive Plan. The expected completion date of the Plan is May 2006. Several fed- eral, state, and local regulatory programs that address management of both surface and groundwater in the Arlington area will affect preparation of the Stormwater Man- agement Comprehensive Plan. Some of the most pertinent regulations and programs are:  Federal Clean Water Act NPDES re- quirements.  Federal Clean Water Act total maximum daily load (TMDL) requirements, for the Stillaguamish River and the Quilceda- Allen watershed.  Federal Safe Drinking Water Act sole source aquifer and wellhead protection requirements.  Federal Endangered Species Act.  State Water Quality Standards.  State In-stream Flow Rule.  State Underground Injection Control program.  State GMA requirements.  State Centennial Clean Water Fund grant requirements. 12.5 ECONOMIC DEVELOPMENT PLAN The Arlington Economic Development Plan, adopted in October 2005, is a blueprint of action items designed to give guidance to the City in terms of proactive steps the City can take to increase economic develop- ment. See §10.4.2, Economic Development Plan, for a description of the plan, and §10.5.3, Specific Actions from the Economic Development Plan, for a description of these action items. 12.6 AIRPORT MASTER PLAN The Arlington City Council adopted the Ar- lington Municipal Airport Master Plan in City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 4 5 December 2005January 2011 1995. The Master Plan currently in use was revised in June of 2002. This was due in part by the Federal Aviation Administration's (FAA) request to show the Fly-In and Arling- ton Aeronautical Development land use plans. Its revision cycle is every five to six years. The report determined the short-, in- termediate-, and long-range needs for facili- ties at Arlington Municipal Airport. The planned improvements recommended therein were intended to:  Allow Arlington Municipal Airport to con- tinue to serve the general aviation and aviation-related needs of the area.  Continue to provide those facilities needed to serve the traditional users of the Airport.  Permit the continued development of the Airport to serve potential increases in the services required.  Maintain a high degree of flexibility in design so that future changes in the de- signation of the Airport and needs of po- tential users can be accommodated. The Master Plan report includes a determi- nation of the anticipated growth to be expe- rienced at Arlington Municipal Airport and an evaluation of the ability of the existing facilities to accommodate this demand. In preparing the scope and direction for the Master Plan, it was determined that given the context which the Arlington Airport is currently operating within, it would be ne- cessary to analyze four different operational alternatives, or roles, which the Airport might be expected to serve over the speci- fied planning period. The four roles, which were analyzed as part of this master plan- ning effort included:  Remaining in its traditional role as a general aviation-only facility. The Airport would then respond to the forecasted needs of the user group.  Expanding the role of the Airport to pro- vide regional commuter passenger ser- vice. The Airport would assume regional commuter passenger service and exist- ing facilities would be provided to ac- commodate aircraft such as the Fair- child Metroliner, or Dornier 328.  Promoting the Airport as an aviation- related industrial facility. The Airport would assume an industrial air cargo role and would provide the necessary facilities to accommodate aircraft such as the Bae 146-100 cargo aircraft.  Promoting the Airport as a business and corporate aviation facility. The Airport would assume a business/corporate role and would provide the necessary im- provements to accommodate aircraft such as the IAI 1125 Westwind business jet. The traditional role of the Arlington Munici- pal Airport is that of a general aviation (GA) facility. This was determined after consider- ation of all of the data and analyses pre- sented during the preceding elements of the Master Plan update. In addition, and after much consideration, the Arlington Master Plan Advisory Committee unanimously chose the role to remain as a traditional general aviation airport, including support of business/corporate aircraft uses. The fore- casts generated for each of the four opera- tional scenarios were then used to deter- mine whether or not existing facilities at the Airport would be sufficient to accommodate the forecast growth activity. The Advisory Committee's recommendations were pre- sented to both the Arlington Airport Com- mission and the Arlington City Council for review and approval. The Commission and the Council both voted unanimously in sup- port of the Advisory Committee's recom- mendations, and the Airport Layout Plan was further refined to support these deci- sions. Hence, the Airport remains in its tra- ditional GA role and existing facilities will respond to the forecasted needs of the user group. City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 5 5 December 2005January 2011 The Master Plan is comprised of the follow- ing:  Airport Activity Forecasts  Facility Requirements  Development Concepts and Alternative Analysis  Airport Environs Land Use Plan and Noise Analysis  Airport Plans and Development Program Forecasting is the key element in the plan- ning process. Forecasts are essential for analyzing existing airport facilities and iden- tifying future needs and requirements for these facilities. Historic and existing airport activity plays an important role in determin- ing future activity. Historically, the socioeco- nomic conditions of a particular region im- pact aviation activity within that region. Lo- cal and itinerant operations as well as based aircraft at the field help to project fu- ture operations. The amount and kind of aviation activity occurring at an airport is dependant upon many factors, but are usually reflective of the services available to aircraft operators, the businesses located on the airport or within the community, and the general economic conditions prevalent within the surrounding area. The most often analyzed indicators are population, em- ployment, and income. The ability of an airport to accommodate the existing and forecasted aviation activity is primarily a function of the major aircraft op- erating surfaces that compose the facility and the configuration of those surfaces (runways and taxiways). Facility require- ments are also related to and considered in conjunction with weather conditions, the surrounding airspace, the availability and type of navigational facilities, and the type and amount of landside access. Development Concepts and Recommenda- tions are presented in the Master Plan in terms of both their concept and reasoning. Therefore, several basic assumptions have been established, which are intended to di- rect the future expansion of airport devel- opment. These assumptions are supported by the aviation activity forecasts and include a commitment for continued Airport expan- sion, which supports the need of the region and thus generates economic development. The Airport Environs Land Use Plan and Noise Analysis was developed due to the following. The relationship between airports and surrounding land uses is a very sensi- tive issue in most communities today. Hence, it must be carefully monitored and regulated to avoid future airport/community conflicts. Land use planning considerations set forth in this document are intended to present clear and concise recommendations regarding the ownership and development of land within the Arlington Municipal Airport influence area. Interested parties would in- clude homeowners and buyers, homebuild- ers, developers, area representatives, and local jurisdiction having land use control au- thority. The two primary issues associated with land use planning in the vicinity of airports are safety and noise. The issue of safety per- tains to both public on the ground and the public involved with the flight operation. The issue of noise is related to the operation of an aircraft and its impact upon the surround- ing influence area of the airport. The Washington State Growth Management Act (GMA), requires that the comprehensive plan of each county and city that plan under the GMA, include a process for identifying and siting essential public facilities. Airports are designated as essential public facilities within the State of Washington; therefore, the implementation of both land use and development controls is vested within the authority of local city, county, or state gov- ernments and they are responsible for en- suring compatible land use and appropriate zoning requirements around airports. Under the Airport Plans and Development Program, the plan for the future develop- ment of Arlington Municipal Airport has evolved from an analysis of numerous con- City of Arlington Comprehensive Plan Other Plans Adopted by Reference 12 - 6 5 December 2005January 2011 siderations. Among these are: aviation de- mand, aviation activity forecasts, aircraft operational characteristics, facility require- ments, and environmental considerations. In addition, the general direction or thrust of future airport development, as expressed by the City of Arlington and as characterized in the statement of goals, served as a basis for this airport planning process. 12.7 SHORELINE MASTER PLAN The City has adopted the 1974 Snohomish County Shoreline Management Master Pro- gram as its Shoreline Master Plan, though it has been amended numerous times. Truth told, it is a very old document and complete- ly out of line with today’s laws and sensibili- ties. The City is required under state law to update its shoreline plan by 2009. 12.8 WEST ARLINGTON SUB AREA PLAN The West Arlington Sub Area Plan, adopted in January 2011, is a blueprint for urban growth and development in the western neighborhoods of the City, including Smo- key Point, West Bluff and Island Crossing. Long range planning for this area include the incorporation of guiding principles that focus around the theory of “new urbanism” and the creation of a “sense of place.” The Plan focuses on a variety of public and pri- vate realm recommendations, including im- proved connectivity, a variety of homes and businesses, improved transportation, new civic and public spaces and improved archi- tecture. The Plan sets the stage for the im- plementation of a form-based code and the use of transfer of development rights to in- crease density in the sub-area while pre- serving valuable resource lands within the Stillaguamish River Valley. 12.812.9 ARLINGTON SCHOOL DISTRICT CAPITAL FACILITIES PLAN The Arlington School District is required to prepare a 6-year Capital Facilities Plan every two years. Based on projected growth, this plan details the projected capi- tal facilities the district will need to provide the required educational services. Every two years the district applies for a Comprehen- sive Plan amendment through the City so as to incorporate their latest plan. It is on this plan that school impact fees are based. 12.912.10 LAKEWOOD SCHOOL DISTRICT CAPITAL FACILITIES PLAN The Lakewood School District is required to prepare a 6-year Capital Facilities Plan every two years. Based on projected growth, this plan details the projected capi- tal facilities the district will need to provide the required educational services. Every two years the district applies for a Comprehen- sive Plan amendment through the City so as to incorporate their latest plan. It is on this plan that school impact fees are based. 12.1012.11 SNOHOMISH COUNTY SOLID WASTE MANAGEMENT PLAN Arlington is signatory to this plan and our solid waste planning is completed in con- junction with Snohomish County; this is our official solid waste planning document. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT E COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Update of AMC Chapter 2.xxx – Hours of Operation DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Chapter 2.xxx EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: Staff is proposing adding a new chapter to AMC Title 2 which addresses the city’s hours of operation. The City is required to codify its hours of operation by RCW 35A.21.070 RCW 35A.21.070 states “All code city offices shall be kept open for the transaction of business during such days and hours as the legislative body of such city shall by ordinance prescribe.” HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format by the end of January 2011. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. 2.xxx CITY OFFICES Sections: 2.xxx.010 Hours of operation. 2.xxx.010 Hours of operation. City offices shall be open for the transaction of business with the public Monday through Friday, excluding holidays, from 8:00 a.m. to 5:00 p.m. The finance department offices shall be open Monday through Friday, excluding holidays, from 9:00 a.m. to 5:00 p.m. The police department offices shall be open Monday through Friday, excluding holidays, from 9:00 a.m. to 5:00 p.m. The utilities office of the public works department shall be open Monday through Friday, excluding holidays, from 7:30 a.m. to 4:00 p.m. The offices may occasionally be closed during these hours for staff events. In the case of such an event, a notice of such closure will be posted on the door of the City Hall offices or on the city’s website at least one week prior to the closure. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT F COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Update of AMC Chapter 2.72 – Purchasing and Small Works Roster DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Chapter 2.72 with strikeouts EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: Staff is proposing updates to AMC Chapter 2.72 which addresses the city’s purchasing and small works roster processes. Staff is proposing to repeal most of the existing sections of AMC Chapter 2.72 and rewrite it to align with state law. This chapter was last updated in 2000. State law regarding purchasing and small works roster has changed considerably since that time. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format by the end of 2010. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. Chapter 2.72 PURCHASING AND SMALL WORKS ROSTER PROCEDURES Sections: 2.72.010 Small works roster procedures 2.72.020 Limited small works roster procedures. 2.72.030. Purchasing procedures. 2.72.010 Small works roster procedures. 1. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost is within the limits, as set forth in RCW 35.23.352 for single-craft or multi-crafts or within the limits as set forth by RCW 39.04.155, for the use of the small works roster. The estimated cost must include the costs of labor, material, equipment and sales and/or use taxes as applicable. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. 2. Number of Rosters. The City may create a single general small works roster, or may create a small works roster for different categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. 3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and are properly licensed or registered to perform such work in this state. 4. Publication. At least once a year, the City shall publish in a newspaper of general circulation within the City a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts be signed that become effective when a specific award is made using a small works roster. An Interlocal contract or agreement between the City and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. 5. Electronic, Telephone, or Written Quotations. The City shall obtain electronic, telephone, or written quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911, as follows: a. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitations. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five (5) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equally distribute opportunities among the contractors on the appropriate roster; c. If the estimated cost of the work is above $65,000 for multi-craft or $40,000 for single-craft projects up to the limits of use of small works roster as set forth in RCW 39.04.155, the City may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: i. Publishing notice in a legal newspaper in general circulation in the area where the work is being done; ii. Mailing a notice to these contractors; or iii. Sending a notice to these contractors by facsimile or other electronic means; d. For the purposes of this section, “equitably distribute” means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services; e. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project; f. A written record shall be made by the City representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry; and g. At least once every year a list of contracts awarded under this section shall be made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. 6. Determining Lowest Responsible Bidder. To the extent consistent with applicable commitment authority, the Mayor shall award the contract for the public works project to the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents. 7. Life Cycle Costing. In considering bids for the construction of public works projects, whenever there is a reason to believe that applying the “life cycle costing” method to bid evaluation would result in the lowest total cost to the City, first consideration shall be given to the bid with the lowest life cycle cost which complies with the specifications. “Life cycle cost” means the total cost of an item to the City over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can be reasonably determined, minus the salvage value at the end of its estimated useful life. The “estimated useful life” of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. 8. Award. All of the telephone bids or quotations shall be collected at the same time to the City for consideration, determination of the lowest responsible bidder and award of the contract. The City reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities. 2.72.020 Limited Small Works Roster. 1. Cost. In lieu of awarding public works contracts under AMC 2.72.010, the City may award a contract for work, construction, alteration, repair, or improvement of real property where the estimated cost does not exceed $35,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable, using the limited small works roster procedures for this section. Public works contracts awarded under this section are exempt from the other requirements of the small works roster process outlined in AMC 2.72.010(5). The breaking of any project into units or accomplishing any project by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the limited small works roster process established herein. 2. Electronic or Written Quotations. The City shall solicit electronic or written quotations from contractors on the appropriate small works roster established under AMC 2.72.010 and shall award the contract to the lowest responsible bidder, as defined in RCW 43.19.1911. The following procedures shall be utilized: a. A contract awarded using the limited small works roster process need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least three (3) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equitably distribute the opportunities among the contractors on the appropriate roster; c. For purposes of these procedures, “equitably distribute” means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project. d. A written record shall be made by the City representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by electronic request; and e. The City shall maintain a list of the contractors contacted and the contracts awarded under the limited small works roster process for a period of twenty four (24) months. The list shall contain the name of the contractor, the contractor’s registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. 3. Bonds and Retainage. For limited public works roster projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project; provided, however, that such a waiver by the City shall not constitute a waiver of the City’s right of recovery against the contractor for any payments made on the contractor’s behalf by the City. 4. Determining Lowest Responsible Bidder – Award. The City shall determine the lowest responsible bidder and award the contract as provided in AMC 2.72.010. 2.72.030 Purchasing Procedures. Except as provided in AMC 2.72.010 and .020 or as otherwise provided by law, the City shall follow its current “Purchasing Policies and Procedures”, as adopted by resolution, true copies of which shall be available for inspection in the City Clerk’s office. Chapter 2.72 BIDDING PROCEDURE/PURCHASING AND SMALL WORKS ROSTER PROCEDURE Sections: REWRITE 2.72.010 Compliance with notice of invitation and regulations.Small works roster procedures REWRITE 2.72.020 Date of call for bids-Newspaper noticeLimited small works roster procedures. REWRITE 2.72.030 Bid receipt. REPEAL Purchasing procedures. 2.72.040 Acceptance procedure. REPEAL 2.72.050 Public work or improvement-When bid required. REPEAL 2.72.060 Small works roster established. REPEAL 2.72.062 Contractors eligible to apply to be on small works roster. REPEAL 2.72.064 Use of small works roster. REPEAL 2.72.070 Purchase in excess of seven thousand five hundred dollars. 2.72.010 Compliance with notice of invitation and regulationsSmall works roster procedures. All bids offered by persons, associations or corporations desiring to sell or supply material, equipment, supplies or services to, or purchase the same from, the city shall comply strictly with the terms of the notice of invitation for bids and the specifications or general conditions issued or published by the city in connection therewith, together with all state laws relating to public works contracts, the terms of which shall be deemed to be included in such specifications or general conditions whether or not they are expressly set out therein. (Ord. 927 §l(part), 1988: Ord. 913 §1(part), 1987). 1. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost is within the limits, as set forth in RCW 35.23.352 for single-craft or multi-crafts or within the limits as set forth by RCW 39.04.155, for the use of the small works roster. The estimated cost must include the costs of labor, material, equipment and sales and/or use taxes as applicable. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. 2. Number of Rosters. The City may create a single general small works roster, or may create a small works roster for different categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. 3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and are properly licensed or registered to perform such work in this state. 4. Publication. At least once a year, the City shall publish in a newspaper of general circulation within the City a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts be signed that become effective when a specific award is made using a small works roster. An Interlocal contract or agreement between the City and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. 5. Electronic, Telephone, or Written Quotations. The City shall obtain electronic, telephone, or written quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911, as follows: a. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitations. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five (5) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equally distribute opportunities among the contractors on the appropriate roster; c. If the estimated cost of the work is above $65,000 for multi-craft or $40,000 for single-craft projects up to the limits of use of small works roster as set forth in RCW 39.04.155, the City may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: i. Publishing notice in a legal newspaper in general circulation in the area where the work is being done; ii. Mailing a notice to these contractors; or iii. Sending a notice to these contractors by facsimile or other electronic means; d. For the purposes of this section, “equitably distribute” means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services; e. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project; f. A written record shall be made by the City representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry; and g. At least once every year a list of contracts awarded under this section shall be made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. 6. Determining Lowest Responsible Bidder. To the extent consistent with applicable commitment authority, the Mayor shall award the contract for the public works project to the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents. 7. Life Cycle Costing. In considering bids for the construction of public works projects, whenever there is a reason to believe that applying the “life cycle costing” method to bid evaluation would result in the lowest total cost to the City, first consideration shall be given to the bid with the lowest life cycle cost which complies with the specifications. “Life cycle cost” means the total cost of an item to the City over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can be reasonably determined, minus the salvage value at the end of its estimated useful life. The “estimated useful life” of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. 8. Award. All of the telephone bids or quotations shall be collected at the same time to the City for consideration, determination of the lowest responsible bidder and award of the contract. The City reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities. 2.72.020 Date of call for bids-Newspaper noticeLimited Small Works Roster. The city, through the mayor or such other agent as the mayor may designate, shall annually call for bids for the publication in a newspaper, published or of general circulation in the city of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder. (Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). 1. Cost. In lieu of awarding public works contracts under AMC 2.72.010, the City may award a contract for work, construction, alteration, repair, or improvement of real property where the estimated cost does not exceed $35,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable, using the limited small works roster procedures for this section. Public works contracts awarded under this section are exempt from the other requirements of the small works roster process outlined in AMC 2.72.010(5). The breaking of any project into units or accomplishing any project by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the limited small works roster process established herein. 2. Electronic or Written Quotations. The City shall solicit electronic or written quotations from contractors on the appropriate small works roster established under AMC 2.72.010 and shall award the contract to the lowest responsible bidder, as defined in RCW 43.19.1911. The following procedures shall be utilized: a. A contract awarded using the limited small works roster process need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least three (3) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equitably distribute the opportunities among the contractors on the appropriate roster; c. For purposes of these procedures, “equitably distribute” means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project. d. A written record shall be made by the City representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by electronic request; and e. The City shall maintain a list of the contractors contacted and the contracts awarded under the limited small works roster process for a period of twenty four (24) months. The list shall contain the name of the contractor, the contractor’s registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. 3. Bonds and Retainage. For limited public works roster projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project; provided, however, that such a waiver by the City shall not constitute a waiver of the City’s right of recovery against the contractor for any payments made on the contractor’s behalf by the City. 4. Determining Lowest Responsible Bidder – Award. The City shall determine the lowest responsible bidder and award the contract as provided in AMC 2.72.010. 2.72.030 Bid receipt. Purchasing Procedures. The bids shall be received by the mayor or the mayor's designee, or other city agency designated in such notice, at all times during regular business hours, and shall be presented to the city council by the mayor, or the mayor's designee, or other prescribed agency, at the time specified in said notice for the opening of such bids. (Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). Except as provided in AMC 2.72.010 and .020 or as otherwise provided by law, the City shall follow its current “Purchasing Policies and Procedures”, as adopted by resolution, true copies of which shall be available for inspection in the City Clerk’s office. 2.72.040 Acceptance procedure. The city, through its council or other authorized agency, may give oral acceptance on any bid in open meeting at the time of opening the bids, or may take such bids under consideration and thereafter communicate written acceptance of such bid or bids as is deemed proper by the council or other agency, at any time within the period set by the notice of invitation to bid, the general conditions or other specifications issued in connection with the proposed transaction. The council may let the contract to the lowest responsible bidder or may, by minute entry, reject any or all bids and make further calls for bids in the same manner as the original call. If no bid is received on the first call, the council may readvertise and make a second call or may enter into a contract without further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor. (Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). 2.72.050 Public work or improvement-When bid required. The city council, by resolution, may construct any public work, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of such work or improvement, including the cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public work, or twenty thousand dollars if a single craft or trade is involved with the public work or the public work project is street signalization or street lighting. The restrictions in this section do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project. Whenever the cost of such public work or improvement, including materials, supplies and equipment will exceed these figures, the same shall be done by contract except for contracts let pursuant to Section 2.72.060. All such contracts shall be let at public bidding upon posting notice calling for sealed bids upon the work. Such notice thereof shall be posted in a public place in the city and by publication in the official newspaper once each week for two consecutive weeks before the date for opening the bids. (Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). 2.72.060 Small works roster established. There is established for the city a small works roster composed of all contractors who request to be on the roster and who are, where required by law, properly licensed or registered to perform contracting work in the state of Washington. (Ord. 1186 §2, 1999: Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). 2.72.062 Contractors eligible to apply to be on small works roster. (a) At least once every year, the city shall publish in a newspaper of general circulation a notice of the existence of the small works roster and soliciting the names of contractors for such roster. The city shall add to the small works roster those qualified contractors who respond to the published notice and request to be included on the roster. (b) In order to be included on the roster, the contractor shall supply information on a contractor qualification form to be developed by the public works director or his or her designee. The contractor qualification form shall include as a minimum the name and address of the contractor, the contractor's Washington registration number, the contractor's insurance company, the contractor's bonding company, and the contractor's area of work. The city may require this information to be updated annually. (Ord. 1232 §1, 2000: Ord. 1186 §2, 1999). 2.72.064 Use of small works roster. The small works roster shall be utilized as follows: (1) Whenever the city of Arlington seeks to construct any public work or improvement, the estimated cost of which, including costs of material, supplies and equipment, is two hundred thousand dollars or less, the small works roster may be utilized. (2) When the small works roster is utilized, the city of Arlington shall invite proposals from at least five qualified contractors on the small works roster; provided, that five or more contractors are on the roster. Whenever the cost of the work exceeds one hundred thousand dollars but is less than two hundred thousand dollars, the city shall comply with the requirements of RCW 39.04.155 as amended, to ensure opportunities for all appropriate contractors on the small works roster. (3) The invitation to submit proposals shall include an estimate of the scope and nature of the work to be performed and the materials and equipment to be furnished. (4) When awarding a contract for work under the small works roster, the city of Arlington shall award the contract to the contractor submitting the lowest responsible bid; provided, however, that the city reserves its right under applicable law to reject any or all bids and to waive procedural irregularities. (5) Once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the small works roster have been afforded an opportunity to submit a proposal. (6) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. (7) A contract awarded from a small works roster under this section need not be advertised. (Ord. 1232 §2, 2000: Ord. 1186 §3, 1999). 2.72.070 Purchase in excess of seven thousand five hundred dollars. Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids. Provided, that the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state or by a political subdivision thereof; and provided, further, that advertisement and competitive bidding may be dispensed with as to such purchases of a value between seven thousand five hundred dollars and fifteen thousand dollars upon passage by the city council of a resolution providing a procedure for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding such contracts for purchase of materials, equipment or services to the lowest responsible bidder; and providing that, after the award is made, the bid quotations shall be open to public inspection and shall be available by telephone inquiry. (Ord. 927 §1(part), 1988: Ord. 913 §1(part), 1987). City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT G COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Update of AMC Chapter 5.04 – Peddlers and Solicitors DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Chapter 5.04 with strikeouts - AMC Chapter 5.04 clean version EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the draft code. DESCRIPTION: Staff is proposing a complete rewrite of the current AMC Chapter 5.04 which addresses peddlers and solicitors operating in the City. The rewrite provides for a clear process for application, issuance, denial, and revocation of peddlers/solicitors licenses. This chapter was originally adopted in 1955 and was revised in 1963 and 1981. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format by the end of 2010. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. 12/8/2010 1 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx Chapter 5.04 PEDDLERS AND SOLICITORS Sections: 5.04.010 Purpose. 5.04.020 Religious, charitable, civic, political, or other similar organizations. 5.04.030 Definitions. 5.04.040 License – Fees. 5.04.050 License fees – Veterans’ exemption. 5.04.060 License – Expiration date. 5.04.070 License required. 5.04.080 License – Required – Exceptions. 5.04.090 Unlawful acts. 5.04.100 License application and investigation. 5.04.110 Investigation of applicant – issuance and denial of permit. 5.04.120 License – Product or services sold. 5.04.130 Identification card. 5.04.140 License – Display. 5.04.150 Disclosure of product and purpose. 5.04.160 Revocation of license. 5.04.170 Appeals. 5.04.180 Penalty. 5.04.010 Purpose. The purpose of this chapter is to establish reasonable restrictions on peddling/soliciting activities within the city limits to protect and promote public safety, privacy, and welfare. This chapter is intended to be reasonable as to time, place, and manner restrictions and is not intended to infringe upon any constitutionally protected right. 5.04.020 Religious, charitable, civic, political, or other similar organizations. 1. All religious, charitable, civic, political, or other similar organizations intending to canvass or solicit within the city shall comply with the provisions set out in AMC 5.04.090(3) and (4). No other provisions of this chapter shall apply, unless the religious, charitable, civic, political, or other similar organization intends to solicit for money, in which case subsection 2 of this section shall also apply. 2. Religious, charitable, or political, civic, or other similar organizations canvassing or soliciting for money shall notify the City Clerk that the organization will be canvassing or soliciting within the city limits. Nonprofit organizations shall also provide the City Clerk with a copy of the organization’s nonprofit certification and state charitable solicitation organization registration. No other requirements of this chapter, including fees, licensing, or other forms of individual information, shall be required. This section is adopted solely for assuring residents that a legitimate organization is canvassing or soliciting in the area and that residents’ privacy is adequately protected. 3. This chapter is not intended to regulate religious or political free speech. Charitable solicitations are also not addressed herein. Chapter 19.09 RCW governs registration and regulation of charitable solicitation. 12/8/2010 2 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx 5.04.030 Definitions. For the purposes of this chapter: “Peddler/solicitor” within the meaning of this chapter is any person who, without prior invitation from the occupant, goes from house to house, or place to place, in the city, selling or taking orders for, or offering to sell or take orders for, scheduling appointments for, or otherwise soliciting for goods, wares, merchandise or services, for present or future delivery, except those selling to entities holding business licenses. 5.04.040 License – Fees. The annual fee for a peddler/solicitor license is established by the license fee resolution. The fee shall be paid at the time of application and is nonrefundable. 5.04.050 License fees – Veterans’ exemption. Veterans as defined in RCW 73.04.050 are exempt from payment of licensing fees. Any veteran asserting this exemption shall provide the planning department or code compliance officer proof of honorable discharge prior to the veteran receiving a peddler/solicitor license. 5.04.060 License – Expiration date. All licenses issued pursuant to this chapter are non-transferable and are valid for the calendar year in which issued. License fees shall not be prorated for any portion of the year. 5.04.070 License required. It is unlawful for any person to engage in business as a peddler/solicitor in the city without first obtaining a city of Arlington peddler/solicitor license for each person selling on behalf of the business. Any peddler/solicitor as defined in this chapter shall apply for and receive a city peddler/solicitor license prior to engaging in such activity, unless the peddler/solicitor is exempt as indicated in AMC 5.04.080 5.04.080 License – Required – Exceptions. No license shall be required for: 1. Any person selling, delivering, or peddling any agricultural, horticultural, or farm products which they may grow or raise (RCW 36.71.090); or 2. Any person who, as an agent, acts as a peddler/solicitor on behalf of a regulated utility; or 3. Any minors engaged in baby-sitting, lawn mowing, car washing, or other similar independent activities, unless the minor is acting on behalf of a person not a minor; or 4. Any vendors of milk, bakery products, groceries, newspapers, or ice who distribute their products to regular customers on established routes; or 5. Any person who, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article, thing, product or service; or 6. Any person who merely solicits orders for goods, which orders are to be accepted and goods delivered at a future time from a place outside of Washington State. a. Any person or organization claiming an exemption under this section shall complete a modified peddler/solicitor license application; 12/8/2010 3 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx b. Any such person who asserts an exemption under this subsection shall complete a form provided by the City Clerk outlining the reasons for this exemption. This statement must include the name, physical and mailing addresses, phone number, and, if applicable, e-mail address for each of the following: i. Interstate business name; ii. Customer service department; iii. Order cancellation department, if different from customer service; and iv. Regional or local supervisor; 5.04.090 Unlawful acts. It is unlawful for any peddler/solicitor to: 1. Make untrue, deceptive, or misleading statements about the product or services sold for the purpose of procuring a sale or offer for sale; 2. Make any untrue, deceptive, or misleading statement regarding the purposes of his/her contact with a potential customer; 3. Sell before 8:00 a.m. or after 8:00 p.m. of any day without the specific prior consent of the prospective buyer; 4. Attempt to gain admittance at any residence at which a sign bearing the words “no peddlers,” “no solicitors,” “no trespassing,” or words of similar import is posted, unless at the invitation or with the consent of the occupant thereof; 5. Remain at any location after the prospective buyer has asked the peddler/solicitor to leave. 5.04.100 License application. 1. Applicants for a license under this chapter must file with the City Clerk a sworn application in writing on a form to be furnished by the City. 2. All applications shall provide the following information on the application, with sufficient proof of identification: a. Name, date of birth and description of the applicant; b. Address and telephone number; c. A brief description of the nature of the business and the goods or services to be sold; d. If employed or acting as an agent, the name and address of the employer or principal, together with the description of the exact relationship with the principal or employer; e. If a vehicle is to be used, a description of the same, including the license number; f. Two photographs of the applicant, taken within 60 days immediately prior to the date of filing the application. The picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; g. A statement as to whether or not the applicant has been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; h. Such other information as may be required by the City. 12/8/2010 4 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx 3. Unless otherwise exempt under AMC 5.04.080, any individual, corporation, partnership or other organization which acts as the principal or employer for individual peddlers shall obtain a license as provided herein and shall provide the following information required as set forth above: a. The applicant’s name, address and telephone number and the names and addresses of all individuals who are employed by or acting as an agent for the applicant; b. If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors, principal officers and registered agent; provided, however, that the City Clerk may waive any portion of this requirement when disclosure would be unduly burdensome; c. If a partnership, the names, addresses and telephone numbers of the partners; d. A list of any criminal convictions during the past 10 years for the applicant, any owners of the business, and if a corporation, the board of directors and officers; e. Name, address and telephone numbers (business and home) of the individual, if applicable, acting as the manager for the applicants; f. A list of all other cities, towns, and counties where the applicant has obtained a peddler’s permit or similar permit within the past five (5) years; and g. Such other information as may be required by the City. 5.04.110 Investigation of applicant – issuance and denial of permit. 1. The City Clerk shall refer the application to the Police Department which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. Upon completion, the Police Department shall forward the results of the investigation, together with a recommendation for approval or denial, to the City Clerk. 2. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Clerk shall issue the permit to the applicant. The City Clerk shall deny the applicant the permit if the applicant has: a. Committed any act consisting of fraud or misrepresentation; b. Committed any act which, if committed by a permit holder, would be grounds for suspension or revocation of a permit; c. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; d. Been refused a permit under the provisions of this chapter; providing, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or e. Made any false or misleading statement in the application. 3. The denial of a permit to an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall be a sufficient basis to deny a permit to the individual applicants who are employed by or acting as an agent for the applicant. 5.04.120 License – Product or services sold. The license shall be endorsed with a statement of the type of product or service sold by the licensee. The license is valid only for the product or service specified. 12/8/2010 5 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx 5.04.130 Identification card. Each peddler/solicitor shall be issued an identification card showing: 1. Business name; 2. Peddler/solicitor name; 3. Type of service or product; 4. Date of expiration; 5. Photo of peddler/solicitor; 6. City of Arlington logo; 7. City of Arlington authorized signature. 5.04.140 License – Display. All peddler/solicitors shall conspicuously display on their outer clothing their identification issued by the city when engaged in peddling/soliciting activities. 5.04.150 Disclosure of product and purpose. Each peddler/solicitor shall, immediately upon contacting the prospective buyer, disclose to the prospective buyer his/her name, company, and the product or service represented. If requested to do so, he/she shall leave the premises immediately. 5.04.160 Revocation of license. 1. Licenses issued pursuant to this chapter may be revoked by the City Clerk after notice and hearing for any of the following causes: a. Fraud, misrepresentation or false statements contained in the application for permits; b. Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler; c. Any other violation of this chapter; d. Conviction after submission of the application for a peddler’s permit of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; e. Conducting the business of peddling in any unlawful manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public; f. Violation of any part of this chapter by any employee of a permit holder, regardless of whether the employer is separately licensed under this chapter. 2. The revocation of any license held by an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall constitute a basis for revoking the licenses issued to individual peddlers who are employed by or acting as agents for such individual, corporation, partnership or organization. 3. The revocation of a license of three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license issued to the employer or principal, as well as the licenses issued to all other employees or agents of that employer or principal. 12/8/2010 6 AMC Chapter 5 04 With SJP Comments 11-29-10.Docx 4. Notice of revocation of a license shall be given by the City Clerk in writing, setting forth specifically the grounds of the complaint and the time and the place of hearing. In addition, it shall state that the peddler’s permit shall be suspended pending the outcome of such hearing. Such notice shall be mailed to the permit holder at his or her last known address. The revocation shall become final if no appeal is requested in AMC 5.04.180. If the permit holder is an individual, corporation, partnership or organization which employs or serves as the principal for individual permit holders, the notice shall also be mailed to the individual permit holders. 5.04.170 Appeals. Any person aggrieved by the action of the City Clerk in the denial of an application for a license or in the decision to revoke a permit as provided in this chapter shall have the right to appeal to the City Hearing Examiner. Such appeal shall be taken by filing with the City Clerk, within 10 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Hearing Examiner shall set a time and place for a de novo hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided in this chapter for notice of hearing on revocation. The decision and order of the Hearing Examiner on such appeal shall be final and conclusive. Hearings shall be held within 21 days of the day the request is received by the City. 5.04.180 Penalty. Any person who sells or offers for sale or exposes for sale, at public or private sale, any goods, wares, or merchandise without a peddler/solicitor license or any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished as provided in AMC 1.04.010. Chapter 5.04 PEDDLERS AND SOLICITORS Sections: 5.04.010 Permit and license required. 5.04.020 Definitions. 5.04.030 Exemptions. 5.04.040 Application--Fee--Group permit. 5.04.050 Investigation and issuance. 5.04.060 Fees. 5.04.070 Bond. 5.04.080 Exhibition of license. 5.04.090 Enforcement. 5.04.100 Records. 5.04.110 Revocation of license. 5.04.120 Appeal. 5.04.130 Exemptions. 5.04.140 Peddling, soliciting or canvassing along parade routes prior to, subsequent to and during parades--Declared unlawful. 5.04.010 Permit and license required. It is unlawful for any peddler, solicitor or canvasser as defined in Section 5.04.020 to engage in such business within the corporate limits of the city without obtaining a permit and/or license therefor in compliance with the provisions of this chapter. (Ord. 336 §1, 1955). 5.04.020 Definitions. (a) "Canvasser" or "solicitor" includes any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes. (Ord. 336 §2, 1955). 5.04.030 Exemptions. The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles; nor to newsboys; nor to the acts of merchants or their employees in delivering goods in the regular course of business; nor to vendors or agents calling on business enterprises exclusively concerning products or services relating thereto; nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who vends, sells or disposes of, or offers to sell, vend or dispose of the products of the farm or garden occupied and cultivated by him. Nothing in this chapter shall be held to prohibit any sale required by statute or by order of any court, or to prevent any person from conducting a bona fide auction sale pursuant to law. (Ord. 473 §2, 1963: Ord. 336 §3, 1955). 5.04.040 Application--Fee--Group permit. Applicants for permit and license under this chapter must file with the city clerk an application in writing (in duplicate) on a form to be furnished by the city clerk, which shall give the following information: (a) (1) Name and description of the applicant; (2) Permanent home address and full local address of the applicant; (3) A brief description of the nature of the business and the goods to be sold; (4) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time of said application is filed, and the proposed method of delivery; (7) The names of at least two reliable property owners of the state, who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor. (b) (1) At the time of filing the application, a fee of twenty-five dollars, shall be paid to the city clerk to cover the cost of investigation of the facts stated therein, if applicant is unknown locally, and not a bona fide resident of, or having a permanent place of business in Snohomish County, Washington, and ten dollars if applicant is unknown locally and is a resident of Snohomish County, Washington, or has a place of business within the county; (2) Applicants having licenses issued under this chapter within five years previous to an application shall not be charged an investigation fee unless the city clerk or chief of police has reason to believe that a further investigation is necessary. (c) It is permissible for any person, firm or corporation applying for a permit and license under this chapter and desiring to hire or retain one or more agents or employees to be covered thereby, to apply for a "group permit and license," to be applied for and, issued under the same terms, conditions and fees as provided in (a) and (b), hereof, with the following additional requirements: (1) An application for a group permit and license must contain the name and address of each agent or employee or applicant to be covered; (2) Such application shall contain a statement that the applicant agrees to be bound by each and every contract, representation, act and omission of each agent and employee while in the course of the business or employment of applicant within the city; (3) In addition to the fees provided in Section 5.04.060 for the license, there shall be an additional charge of twenty-five percent of the fee otherwise payable for each agent or employee authorized to act under the group permit and license; (4) In the event that the chief of police finds unsatisfactory any agent or employee named in the application for a group license, pursuant to his investigation pursuant to Section 5.04.050, he may delete the name or names thereof from such application and approve the application with respect to the remaining persons named. (Ord. 473 §3, 1963: Ord. 336 §4, 1955). 5.04.050 Investigation and issuance. (a) Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such an investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. (b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. (c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for, and return said permit, along with the application, to the city clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer, and shall show the name, address of said licensee, the class of license issued, and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling, soliciting or canvassing. The clerk shall keep a permanent record of all licenses issued. (Ord. 336 §5, 1955). 5.04.060 Fees. The license fee which shall be charged for such license, shall be the sum of ten dollars per year, and shall be assessed on a calendar year basis. The fee, however, for January to July first, or any part of said period, or from July first to December thirty-first, or any part of said period, shall be sixty percent of the annual license fee, provided, that one temporary thirty day license may be issued on a payment of a fee of five dollars. Said five dollar fee may, however, apply on a current annual or semiannual license and may be issued thereafter at the rate hereinabove provided, provided the temporary thirty days occurs during the same annual or semiannual period for which the total fee is paid. (Ord. 336 §6, 1955). 5.04.070 Bond. Every applicant, not a resident of Snohomish County, or who, being a resident of Snohomish County, represents a firm that does not have a permanent place of business in the state, shall file with the city clerk, a surety bond running to the city in the amount of one thousand dollars, with surety acceptable to and approved by the mayor, conditioned that the said applicant shall comply fully with all the provisions of the ordinances of the city, and the statutes of the state, regulating and concerning the business of peddler, solicitor and canvasser guaranteeing to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the peddler, solicitor or canvasser and further guaranteeing to any citizen of the city doing business with said peddler, solicitor or canvasser, that the property purchased will be delivered according to the representations of said peddler, solicitor or canvasser. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person. (Ord. 336 §7, 1955). 5.04.080 Exhibition of license. Peddlers, solicitors and canvassers are required to exhibit their licenses at the request of any citizen. (Ord. 336 §8, 1955). 5.04.090 Enforcement. It shall be the duty of any police officer of the city to require any person seen peddling, soliciting or canvassing, and who is not known by such officer to be duly licensed to produce his peddler's, solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 336 §9, 1955). 5.04.100 Records. The chief of police shall report to the city clerk all convictions for violation of this chapter and the city clerk shall maintain a record for each license issued and record the reports of violations therein. (Ord. 336 §10, 1955). 5.04.110 Revocation of license. (a) Permits and licenses issued under the provisions of this chapter may be revoked by the action of the city council after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation, or false statement contained in the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler, solicitor or canvasser; (3) Any violation of this chapter; (4) Conviction of any crime or misdemeanor involving moral turpitude; or (5) Conducting the business of peddling, soliciting, or canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. (Ord. 336 §11, 1955). 5.04.120 Appeal. Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in Section 5.04.050, or the action of the mayor in the assessing of the fee as provided in Section 5.04.060 shall have the right to appeal to the council of the city. Such appeal shall be taken by filing with the council, within fourteen days after notice of the action complaint has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given the appellant in the same manner as provided in Section 5.04.110 for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive. (Ord. 336 §12, 1955). 5.04.130 Exemptions. Snohomish County residents representing local religious organizations selling Bibles, religious books or religious literature, are exempt from the payment of any fees under the terms of this chapter; but all such persons are included in, and subject to, the other provisions of this chapter. (Ord. 336 §13, 1955). 5.04.140 Peddling, soliciting or canvassing along parade routes prior to, subsequent to and during parades--Declared unlawful. (a) No peddler, solicitor or canvasser, as those terms are defined in Section 5.04.020 of this code, whether licensed or not, shall carry on the business of peddling, soliciting or canvassing along any parade route during or within one hour prior or subsequent to any parade held within the city, and it is declared to be unlawful to carry on such businesses at such places and times. (b) For the purposes of this section, the words "parade route" are defined as meaning those streets and public ways which have been temporarily closed to travel by ordinary traffic to provide a defined route for travel of those participating in a parade and for spectators. (Ord. 778 §1, 1981). City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT H COUNCIL MEETING DATE: December 13, 2010 SUBJECT: Contract with Zachor & Thomas for City prosecution services DEPARTMENT OF ORIGIN: Executive / Legal Contact: Kristin Banfield, 360-403-3444, Steve Peiffle ATTACHMENTS: - Proposed contract with Zachor & Thomas for City Prosecution services EXPENDITURES REQUESTED: $9266.25 per month BUDGET CATEGORY: General Fund 012 – Criminal Justice LEGAL REVIEW: City Attorney assisted in the negotiation of a new agreement DESCRIPTION: The City’s contract with Zachor & Thomas for prosecution services expired on December 31, 2009. The City and Zachor & Thomas recently completed negotiations on a successor agreement, covering the years 2011 through 2013. In 2009, Marysville Municipal Court added additional calendars for our prosecutors, requiring them to spend an additional 12 hours in court each month, plus additional preparation time. This has continued into 2010 and will continue in the years to come. In addition, the state will be requiring counsel for both the prosecution and the defense to appear at arraignments starting in 2011, also increasing the amount of time our prosecutors spend in court. HISTORY: The law firm of Zachor & Thomas have served as the City’s prosecutors since the City elected to join Marysville Municipal Court in 2002. The City has been extremely pleased with the services that Zachor & Thomas have provided over the last 9 years. ALTERNATIVES: RECOMMENDED ACTION: No action at this time. CONTRACT FOR LEGAL SERVICES - 1 (Prosecuting Attorney for the City of Arlington) CONTRACT FOR LEGAL SERVICES (Prosecuting Attorney for the City of Arlington) I. PARTIES THIS AGREEMENT is entered into this _____ day of __________________, 200872010, by and between the CITY OF ARLINGTON, A Municipal Corporation of the State of Washington, (hereinafter referred to as “City”), and the law office of ZACHOR & THOMAS, Inc., P.S., a Personal Services Corporation of the State of Washington (hereinafter referred to as “Prosecuting Attorney”). II. SERVICES OF THE PROSECUTING ATTORNEY 2.1 Primary Services City under the direction of the Mayor and/or City Council. The principals of the Prosecuting Attorney are H. James Zachor, Jr. and Melanie S. Thomas Dane, duly licensed in the State of Washington as Attorneys at Law. Under the supervision of the Prosecuting Attorney, other attorneys may provide assistance to the Prosecuting Attorney as may be necessary. If the Prosecuting Attorney is unable to continue to provide services as required, Prosecuting Attorney shall provide advance notice so that the City may seek another prosecuting attorney. . The Prosecuting Attorney shall serve at the pleasure of the 2.2 Conflict Services . In the event of a conflict with the Prosecuting Attorney of a case requiring a “conflict prosecutor”, it shall be the responsibility of the Prosecuting Attorney to provide such substitute coverage, with a properly licensed State of Washington attorney. However, if such conflict is due to a conflict with the City, the expense of a “conflict prosecutor” shall be the responsibility of the City. III. QUALITY OF SERVICES 3.1 Ethical Coverage hereafter in a capable and efficient manner, and in accordance with the professional and ethical standards of the Washington State Bar Association. . Prosecuting Attorney shall perform legal services as set forth 3.2 Disciplinary Action . In the event the Prosecuting Attorney is the subject of any disciplinary proceeding by the Washington State Bar Association, Prosecuting Attorney shall notify the City in writing of the pendency of said disciplinary proceeding. The City may, in it discretion, make its own inquiry concerning the said disciplinary proceeding and may, in its judgment, terminate this agreement on not less than thirty (30) days notice. IV. SERVICES PROVIDED 4.1 The Prosecuting Attorney shall represent the City as prosecuting attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and misdemeanors). The duties of the prosecuting attorney shall include the review and signing of citations and complaints as required; review of police incident reports and supporting documents for charging determination; appearance at hearings and trials (bench and jury trials); telephone CONTRACT FOR LEGAL SERVICES - 2 (Prosecuting Attorney for the City of Arlington) conversations, meetings and negotiations with the police department and its officers, victims, defendants, witnesses and opposing counsels as required; preparation of documents required by the Court such as providing discovery, motions and supporting documents, jury instructions and subpoenas. The City, through its police department and such other departments, shall provide that support necessary to accomplish the prosecution of the above criminal matters. The Prosecuting Attorney shall appear at all calendars for the City of Arlington, which are currently set by the Marysville Municipal Court as of June 1, 2010. Should the court add court appearances for the prosecutor, those appearances shall be billed at our hourly rate until such time that a new fee proposal is adopted. Appearances at video in-custody calendars are not incorporated in this contract. Services attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and misdemeanors). The Prosecuting Attorney shall also represent the City in contested civil infractions where defense counsel is present, and other miscellaneous civil hearings conducted at the Municipal Court ( ex: impound hearings). The Prosecuting Attorney shall have at least one prosecutor in court for the required hearings, and when case volume requires, shall provide the assistance of two prosecutors. The duties of the prosecuting attorney shall include: . The Prosecuting Attorney shall represent the City as its prosecuting • Appearances at arraignment calendars currently scehduledscheduled to be every Tuesday morning, , two three (32) pre-trial hearings per month, one (1) bench and motions contested calendar per month which include civil traffic and criminal reviews, one (1) motions calendar per month, one (1) jury calendar per month, and one (1) jury confirmation calendar per month; • The review and signing of citations and complaints as required; • The review of police incident reports and supporting documents for charging; • The review and preparation of all cases prior to court which includes requesting 911 tapes, CCDR’s, photos, follow-up reports, contacting witnesses, drafting subpoenas, preparing complaints and jury instructions, and drafting plea offers; • Correspondence with the police department including but not limited to telephone conversations, meetings and negotiations with the police department and its officers, victims, defendants, witnesses and opposing counsel as required; and, • Preparation of documents required by the Court such as providing discovery, motions and supporting documents; • Communication with the court and court staff regarding calendars and case setting; • Correspondence with the public defenders office and defense counsel regarding case dispositions, • Requesting police reports from other agencies. • Requesting certified copies of a judgment and sentence; • Review of search warrants; and • The City, through its police department and such other departments, shall provide that support necessary to assist in the prosecution of criminal matters, including but not limited to the providing and forwarding of copies of all police reports and relevant documents in a timely manner and service of subpoenas as requested. Any requests for Prosecuting Attorney services not regularly scheduled shall be promptly relayed by the City and/or the court. CONTRACT FOR LEGAL SERVICES - 3 (Prosecuting Attorney for the City of Arlington) 4.2 Additional Services • Be available to the City of Arlington Police Department regarding matters affecting criminal prosecution; . In addition, the Prosecuting Attorney shall provide the following services: • Provide periodic training of City police officers and employees on legal matters affecting the satisfactory prosecution of criminal matters; • Make recommendations to the Police Chief and/or City Attorney concerning suggested amendments, modifications or additions to City ordinances affecting the satisfactory prosecution of criminal matters; • Provide periodic feedback to the Police Chief regarding the performance of City police officers in the discharge of their duties and other matters of mutual concern. CONTRACT FOR LEGAL SERVICES - 4 (Prosecuting Attorney for the City of Arlington) V. FEES AND COSTS 5.1 Retainer Attorney, the City agrees to pay to the Prosecuting Attorney a monthly retainer in the sum . As compensation for the services to be rendered by the Prosecuting of $9,266.25 $9,358.9175,000.00 per month, as long as the Court utilized for prosecution is located in Marysville, Washington. If the Court location for prosecution of the City criminal matters is moved from Marysville to the City of Arlington or such other location, then the monthly retainer shall be renegotiated by the parties, to be effective the month of the new court appearance. 5.2 Additional Compensation Attorney other than those services set forth hereinabove, the Prosecuting Attorney shall invoice the City at the rate of $100295.00 per hour. This includes RALJ appeals, drug/felony forfeitures, and legal services for representation in the District Courts and Superior Courts, and additional calendars added by the court, which have not been contracted for, but are necessary for the Cities prosecution. Legal services for representation in the Appellate Courts of the State of Washington or Federal Courts shall be negotiated separate from this Agreement. . If the City should require the services of the Prosecuting Should the court require the City to provide a Prosecuting Attorney at the Video In Custody hearings, the Prosecutor would appear daily for hearings. Our hourly rate would apply until the parties reach an addendum to this contract for a flat rate. 5.3 Expenses 5.4 . The City shall reimburse the Prosecuting Attorney for any reasonable out-of-pocket expenses that may be required in the performance of its duties as Prosecuting Attorney on behalf of the City. Expenses of jury preparation, exhibits, witnesses, (including SMD) and interpreters, police reports, and transcription costs shall be the sole responsibility of the City. Payment Terms 5.5 . Fees and costs are due from the City upon billings by the Prosecuting Attorney. A service charge shall accrue at the rate of 12% per annum (1% per month) and be added to any balance remaining unpaid sixty (60) days after the statement date. Fee Review shall be reviewed annually by the City Council. Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the Mayoral budget. Increases in such fee and cost structure, if any, shall be considered by the City Council as a part of its budget process. Such changes, if any, to the fee structure and the budget process approved by the City Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement. If no proposals to the fee retainer are made, each January 1st, year the Prosecutor shall receive an annual cost of living increase at the rate equal to the current CPI %` for the calendar year for non- union employees, not to be less thanof 53%. annually. : The schedule of fees provided for in paragraph 5.1 shall apply for the contract period reflected in Article 6. Changes in fees, if any, shall be proposed by the Prosecutor and changes, if any, to the fee structure and the budget process approved by the City Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement. CONTRACT FOR LEGAL SERVICES - 5 (Prosecuting Attorney for the City of Arlington) VI. CONTRACT PERIOD 6.1 Term 6.2 . This amended contract shall take effect on the 1st day of MayJulyJanuary 2011, 20087, and shall continue in effect until the 31st day of December, 201309. Renewal 6.3 . The Prosecuting Attorney shall submit a proposed contract commencing for the calendar year 20130 on or before the 1st 1st day of SeptemberOctober 2013, or unless otherwise agreed. , 2009 It is anticipated that negotiations for renewal of this contract will take place prior to the expiration of 2013,09; provided, however, that if no negotiations shall occur, this contract shall be renewed automatically for one calendar year subject to the same terms and conditions set forth herein, provided that there is no written opposition from either party. The City also retains the right to solicit other proposals for the Prosecuting Attorney at anytime. Termination . This contract may be terminated by the City or the Prosecuting Attorney upon ninety (90) days advance written notice in the event that it shall be determined that the quality of legal services provided by the Prosecuting Attorney and/or the support by the City does not meet the requirements set forth herein. VII. COLLECTION COSTS 7.1 In the event a party breaches this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with enforcing their rights herein. The parties acknowledge that venue shall be in the Snohomish County Superior Court. VIII. INSURANCE AND HOLD HARMLESS 8.1 Liability Insurance Attorney shall maintain professional liability and malpractice insurance that shall provide coverage for anyone acting for or on behalf of the Prosecuting Attorney in the performance of this contract, unless the acting attorney carries his or her own policy consistence with the Prosecuting Attorney. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington and shall have minimum policy limits of ONE MILLION DOLLARS ($1,000.000.00). . During the life of this contract, the Prosecuting 8.2 Acting Within Scope 8.3 . To the extent provided by law and irrespective of any insurance required of the Contractor, the Contractor shall defend and indemnify the City from any and all claims arising out of or in any way relating to this Agreement; provided, however, requirements of this paragraph shall not apply to that portion of such Claim that reflects the percentage of negligence of the City compared to the total negligence of all persons, firms, or corporations that resulted in the Claim. Conduct of City 8.4 . Nothing herein shall be interpreted to require the Prosecuting Attorney to indemnify the City, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortious conduct of the City, its officers, agents or employees. Conduct of Prosecuting Attorney. So long as the Prosecutor is acting within the scope of this contract and in accord with its ethical responsibilities under the provisions of the Rules of Professional Conduct, it shall be entitled to legal defense and representation as an official of the CONTRACT FOR LEGAL SERVICES - 6 (Prosecuting Attorney for the City of Arlington) City. Nothing herein shall be interpreted to require the City to indemnify the Prosecuting Attorney, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the Prosecuting Attorney, its officers, agents or employees. the City to indemnify the Prosecuting Attorney, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the Prosecuting Attorney, its officers, agents or employees. IX. AFFIRMATIVE ACTION 9.1 Non-Discrimination in Employment Contract, the Prosecuting Attorney shall comply with the Washington “Law Against Discrimination” and should any part of the performance contemplated hereunder be financed by federal funds, the Prosecuting Attorney shall comply with all applicable federal laws against discrimination in employment. Satisfactory performance of this clause by the Prosecuting Attorney shall include but not be limited to the following: . During the performance of this During the performance of this contract, Prosecuting Attorney shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Performance shall include, but not be limited to: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and programs for training including apprenticeships, unless such distinctions are based upon a bona fide occupational qualification. X. NOTICES 10.1 Notices contract, such shall be deemed given if such is sent in writing by certified mail to his/her office, in the case of the Prosecuting Attorney, or to the Office of the Mayor, in the case of the City. . That if any notice is required or desired to be given under this 10.2 Entire Contract may be changed only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification, extension or discharge is sought. This contract contains the entire understanding of the parties. It IN WITNESS WHEREOF the parties have executed this Agreement on the ____ day of __________, 2010007. THE CITY OF ARLINGTON, a Washington Municipality CONTRACT FOR LEGAL SERVICES - 7 (Prosecuting Attorney for the City of Arlington) _______________________________________________ Margaret Larson, Mayor ZACHOR & THOMAS, Inc., P.S. _______________________________________________ H. James Zachor, Jr., President ATTEST/AUTHENTICATED: __________________________________ City Clerk, Content read, noted and approved: __________________________________ Steven J. Peiffle, WSBA#14704 Attorney for the City of Arlington