HomeMy WebLinkAbout12-13-10 Council Workshop
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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.
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(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;
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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.
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(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,
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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
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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)
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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
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West Arlington Sub Area Plan
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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
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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
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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).
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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.
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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
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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).
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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).
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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
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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
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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).
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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.
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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
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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.
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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).
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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”.
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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:
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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:
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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.
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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.
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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.
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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.
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West ArlingtonSub-Area Boundary
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Arlington City Limits
Roads-private
Watercourse
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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.
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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
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West
F
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C
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Ed
g
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c
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South Slough
March Creek
Bjorn Creek
Portage Creek
Stillaguamish River
Sm
o
k
e
y
P
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i
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t
B
l
v
d
City of Marysville
City of Arlington
Twin
Lakes
?Ó
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!"`$
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
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E
N
E
59
T
H
A
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59
T
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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
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k
West
F
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Q
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Ed
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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
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N
E
47th A
v
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N
E
49th A
v
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51st A
v
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E
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Lakes
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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
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West
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South Slough
March Creek
Bjorn Creek
Portage Creek
Stillaguamish River
Sm
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City of Arlington
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Twin
Lakes
Arlington Municipal Airport
172ND ST NE
SM
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204TH ST NE
51
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59
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59
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188TH ST NE
43
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27
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200TH ST NE
45
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TW
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31
S
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168TH ST NE
35
T
H
A
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N
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169TH PL NE
SPRING LANE AVE
196TH PL NE
AIRPORT BLVD
166TH ST NE25
T
H
A
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N
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176TH PL NE
62
N
D
A
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N
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180TH ST31ST DR NE
180TH ST NE
51
S
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D
R
N
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186TH PL NE
182ND ST
40
T
H
A
V
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N
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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
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A
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46
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184TH PL
43
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174TH PL
42
N
D
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170TH PL NE
60
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168TH PL NE
173RD PL NE
58
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197TH PL NE
59
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60
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43
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D
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188TH ST NE188TH ST NE
200TH ST NE
177TH PL NE
27
T
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A
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N
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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
"
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Q
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Ed
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South Slough
March Creek
Bjorn Creek
Portage Creek
Stillaguamish River
Sm
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P
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B
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City of Arlington
Twin Lakes
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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
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E
Y
P
O
I
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B
L
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D
204TH ST NE
51
S
T
A
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N
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23
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D
A
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N
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59
T
H
A
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N
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59
T
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D
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N
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188TH ST NE
43
R
D
A
V
E
N
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27
T
H
A
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E
N
E
200TH ST NE
45
T
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D
R
N
E
TW
I
N
L
A
K
E
S
A
V
E
31
S
T
A
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E
N
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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
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31ST DR NE
180TH ST NE
51
S
T
D
R
N
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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
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184TH PL
43
R
D
D
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N
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174TH PL
42
N
D
D
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170TH PL NE
60
T
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A
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N
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173RD PL NE
58
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A
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N
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197TH PL NE
43
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D
A
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N
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59
T
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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
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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
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41st A
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39th A
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37th A
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45th A
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47th A
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49th A
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51st A
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Sm
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City of Arlington
Twin Lakes
Possible Future Freeway Interchange
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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.
"
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South Slough
March Creek
Bjorn Creek
Portage Creek
Stillaguamish River
Sm
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P
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B
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City of Arlington
?Ó
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Twin
Lakes
A
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172ND ST NE
204TH ST NE
51
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59
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59
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188TH ST NE
43
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27
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200TH ST NE
TW
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45
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31
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168TH ST NE
35
T
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A
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169TH PL NE
SPRING LANE AVE
196TH PL NE
AIRPORT BLVD
166TH ST NE25
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A
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N
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180TH ST
176TH PL NE
62
N
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31ST DR NE
186TH PL NE
180TH ST NE
51
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182ND ST
40
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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
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A
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46
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A
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184TH PL
43
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174TH PL
42
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170TH PL NE
189TH PL NE
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173RD PL NE
58
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197TH PL NE
59
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188TH ST NE 188TH ST NE
43
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200TH ST NE
177TH PL NE
175TH PL NE
27
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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
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South Slough
March Creek
Bjorn Creek
Portage Creek
Stillaguamish River
Sm
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P
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B
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City of Arlington
Lakes
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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
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P
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B
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204TH ST NE
51
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23
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59
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59
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43
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188TH ST NE
27
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45
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200TH ST NE
TW
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31
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A
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168TH ST NE
169TH PL NE
SPRING LANE AVE
196TH PL NE
AIRPORT BLVD
166TH ST NE
180TH ST
25
T
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A
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N
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176TH PL NE
62
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31ST DR NE
180TH ST NE
51
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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
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46
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A
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200TH PL NE
184TH PL
43
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174TH PL
42
N
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60
T
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A
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187TH PL
168TH PL NE
173RD PL NE
58
T
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A
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197TH PL NE
188TH ST NE 188TH ST NE
200TH ST NE
59
T
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43
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27
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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