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HomeMy WebLinkAboutArlington - Lindsay Project 1 Sub CUP (final 5.12.26) BEFORE THE HEARING EXAMINER FOR THE CITY OF ARLINGTON In the Matter of the Application of ) No. PJ 26-0104 MJS Investors Acquisition, LLC ) Lindsay Project 1 For a Preliminary Major Subdivision and ) FINDINGS, CONCLUSIONS, Conditional Use Permit ) AND DECISION SUMMARY OF DECISION The request for a preliminary major subdivision and conditional use permit to subdivide five parcels totaling approximately 32.26 acres to create 171 residential lots, for small lot detached single-family homes, and 27 tracts, for use as residential usable space; open space; landscaping; an approximately 7.9-acre Native Growth Protection Area (NGPA); public and private streets; and dedication areas, in conformance with the approved Lindsay Subarea Plan, Lindsay Subarea Final Environmental Impact Statement(FEIS), Lindsay Area Planned Action Ordinance (PAO), and provisions of the City zoning code vested under a development agreement between the City of Arlington and the Applicant, is APPROVED. Conditions are necessary to mitigate specific impacts of the proposal. SUMMARY OF RECORD Hearin: The Hearing Examiner held an open record hearing on the request on April 28, 2026. Testimony: The following individuals presented testimony under oath at the open record hearing: Amy Rusko, City Director of Community and Economic Development Rachel Miller, Project Manager Merle Ash, Applicant Representative Kramer Canup, Project Environmental Scientist Attorney Nicole De Leon represented the Applicant at the hearing. Exhibits: The following exhibits were admitted into the record: I. Staff Report Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page I of 23 2. Land Division Permit Application, dated February 9, 2026 3. Project Narrative, Land Technologies, Inc., dated February 10, 2026 4. Preliminary Major Subdivision Site Plans (5 Sheets), dated March 26, 2026 5. Planning Plans (13 Sheets), dated March 26, 2026 6. Landscaping Plans (16 Sheets), dated January 25 and March 14, 2026 7. Preliminary Civil Plans (51 Sheets), dated March 16, 2026 8. Mailbox Plan(1 Sheet), dated March 26, 2026 9. Water and Sewer Availability Request, approved April 2, 2026,with Hydraulic Analyses, RH2, dated April 6, 2026 10. Complete Streets Checklist, approved March 23, 2026 11. Lindsay Subarea Planned Action Modified SEPA Checklist, dated February 9, 2025, approved February 17, 2026 12. Vicinity Map 13. Property Legal Description 14. Title Report 15. Wetland and Fish and Wildlife Habitat Report, Soundview Consultants, LLC, revised June 20, 2025 16. Wetland and Stream Mitigation Plan, revised January 16, 2026 17. Archaeological Survey Report, ERCI, dated July 26, 2024 18. Unanticipated Discovery Plan 19. Geotechnical Engineering Study, Earth Solutions NW, LLC, dated June 28, 2024 20. Stormwater Report, Land Technologies, Inc., dated February 6, 2026 21. Stormwater Pollution Prevention Plan, Land Technologies, Inc., dated February 6, 2026 22. Traffic Impact Analysis, Transpo Group, dated December 2024 23. Email from Mike Swenson, Transpo Group, to Amy Rusko, dated March 7, 2026 24. Snohomish County Traffic Mitigation Offer, dated February 5 and April 7, 2026 25. WSDOT Traffic Mitigation Offer, dated February 5, 2026 26. Radius Map and Mailing Labels 27. Development Agreement, dated December 1, 2025 28. Lindsay Subarea Planned Action Ordinance (No. 2026-004), certified February 3, 2026 29. Lindsay Subarea Plan, dated November 2025 30. Lindsay Subarea Planned Action Final Environmental Impact Statement, dated November 25, 2025 31. Notice of Public Hearing, published April 9, 2026, with Affidavit of Posting, dated April 9, 2026 32. Comment from WSDOT, dated February 20, 2026 33. Neighborhood Meeting Minutes, from March 4, 2026, meeting, with presentation slides 34. Notice of Application and Neighborhood Meeting,published February 17, 2026,with Affidavit of Posting, dated February 17, 2026 35. Notice of Complete Application Letter, dated February 11, 2026 The Hearing Examiner enters the following findings and conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 2 of 23 FINDINGS Background 1. On December 1, 2025, the Arlington City Council approved a Development Agreement (DA)between the City of Arlington (City) and MJS Investors Acquisition, LLC. The DA addresses a proposal, with an associated conceptual site plan, by MJS Investors for the phased development of approximately 224 single-family homes within the Lindsay subarea, which, as approved in the DA, would be vested to applicable City code provisions in effect on December 1, 2025, including provisions under the City's critical areas ordinance, chapter 20.93 Arlington Municipal Code (AMC), as well as applicable development standards that would be set forth in a future adopted Lindsay Subarea Plan. Exhibit 1, Staff Report,pages 2 and 13; Exhibit 27. 2. Following a written recommendation(No. PLN#1315) issued by the Hearing Examiner on January 16, 2026, the City Council adopted the Lindsay Subarea Plan, Lindsay Subarea Planned Action Final Environmental Impact Statement(FEIS), and Lindsay Subarea Planned Action Ordinance (PAO) on February 2, 2026 (Ordinance No. 2026- 004), which govern planned action development projects within the Lindsay Subarea Planned Action Area. Hearing Examiner Lindsay Subarea Recommendation (No. PLN#131 S), dated January 16, 2 02 6; Exhibit 1, Staff Report,page 2; Exhibits 28 through 30. Application and Notice 3. Merle Ash, of Land Technologies, Inc., on behalf of MJS Investors (Applicant), requests approval of a preliminary major subdivision and conditional use permit(CUP) to allow for a planned action residential development project (Lindsay Project 1) that was contemplated and analyzed in the approved DA, Lindsay Subarea Plan, FEIS, and PAO discussed above. Specifically, the Lindsay Project 1 proposal would consist of 171 small lot detached single-family residences on 3,600 to 4,500 square foot lots and 27 associated tracts, with associated improvements that would include 342 parking stalls, located within the garages and driveways of each residence; 124,320 square feet of active open space; 40,855 square feet of passive open space; 335,374 square feet of protected critical areas within Native Growth Protection Areas (NGPAs); stormwater management features; new internal public and private streets; street frontage improvements along 172nd Street NE (SR 530), including a future roundabout at the intersection of 172nd Street NE and 80th Drive NE; landscaping; and utility extensions. The Applicant proposes to complete the development in two phases. The first phase would consist of development within the northern portion of the site, including 66 residential lots (Lots 1-12 and 64-117), a 10,266 square foot NGPA tract, open space/stormwater tracts, and public and private roadway tracts. The second phase would occur in the southern portion of the site and along the eastern border of the site and would include the remaining 105 residential lots (Lots 13-63 and 118-171), a 4,174 square foot Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 3 of 23 NGPA tract and a 323,473 square foot NGPA tract, open space/stormwater tracts, and public roadway tracts. The Applicant may record a final subdivision for each phase separately, if all required improvements for each of the phases have been completed. The subject property consists of five parcels totaling approximately 32.26 acres within the Lindsay Subarea, located at 8014, 8118, 8210, and 8326 172nd Street.' Exhibit 1, Staff Report,pages I through 5, 14, 16, and 39; Exhibits 2 through 8;Exhibits 27 through 30. 4. The City determined that the application was complete on February 11, 2026.2 On February 17, 2026, the City provided notice of the application and a neighborhood meeting on the proposal by mailing or emailing notice to property owners within 500 feet of the site and to reviewing departments and agencies; publishing notice in The Herald; and posting notice on-site, on the City website, and at designated City locations, with a comment deadline of March 3, 2026. On April 10, 2026, the City provided notice of the open record hearing associated with the application in the same manner. Exhibit 1, Staff Report,pages 3, 12, and 15; Exhibit 26; Exhibit 31; Exhibit 34; Exhibit 35. 5. The City held a neighborhood meeting on March 4, 2026, at which it presented an overview of the proposal, and a member of the public inquired about the timeline of the project. The City did not receive any written comments on the proposal from members of the public in response to its notice materials, and no members of the public testified at the open record hearing. The City received a written comment from the Washington State Department of Transportation(WSDOT), which noted that it was working with the City and Applicant on the project. Exhibit 11 Staff Report,pages 3, 12, and 15;Exhibit 35. State Environmental Policy Act 6. As discussed in detail in the Hearing Examiner Lindsay Subarea Recommendation(No. PLN#1315), the City issued a State Environmental Policy Act(SEPA) FEIS for the Lindsay Subarea Plan on November 25, 2025, which was not appealed. In adopting the PAO, City Council determined that the FEIS and mitigation measures identified in the FEIS "adequately identifies and addresses any probable significant adverse environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area,"which includes the subject property. Exhibit 28. The City reviewed the Applicant's modified SEPA checklist form as designated in the PAO, and the mitigation measures identified therein, and issued a modified SEPA decision on February 17, 2026, which confirmed that the project qualifies as a planned action within the scope of the PAO and, therefore, that no further SEPA ' The subject property is identified by tax identification numbers 31052500200600,31052600100100, 31052600100200,31052600102200,and 31052600102300. Exhibit 1, Staff Report,pages 2 and 3. A legal description of the property is included with the application materials. Exhibit 13. 2 As noted above,in Finding 1,pursuant to the DA,the project vests to the code provisions in effect on December 1,2025. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 4 of 23 review is required. Exhibit 1, Staff Report,pages 3, 12, 25, and 38; Exhibit 11; Exhibit 28. Comprehensive Plan and Zoning 7. The subject property, and adjacent properties to the east and southeast, are located within the Lindsay Subarea. The stated purpose of the approved Lindsay Subarea Plan is as follows: The Lindsay Annexation was completed in 2022 under Ordinance 2022- 003, officially bringing Lindsay into the City of Arlington, where it is now one of the neighborhoods within the Hilltop Subarea. In November 2023, Ordinance 2023-016 amended Arlington Municipal Code (AMC) Section 20.44.032 Subarea Plans. This amendment reflects community priorities identified through the 2024 Comprehensive Plan engagement process and emphasizes the importance of coordinated land development through subarea planning. This amendment introduced several key changes: I. Subarea plans must be created for all Comprehensive Plan- designated subareas, including the Lindsay and East Hill areas, both of which fall under the Master Planned Neighborhood(MPN) overlay. 2. Each subarea plan must be developed in conjunction with a Planned Action Environmental Impact Statement (EIS). 3. Planning must support a coordinated and efficient approach to neighborhood development, including a diverse mix of housing, transportation options, parks and trails, infrastructure, and capital improvements. In 2024, MJS Investors, in partnership with the City of Arlington, initiated the community planning process for the Lindsay Subarea. This process addresses planning elements such as future land use, transportation, environmental stewardship, parks and trails, and utilities and public services. The subarea plan is also being developed in accordance with the Washington State Growth Management Act(GMA), countywide planning policies, and the City of Arlington's Comprehensive Plan. Once adopted, the subarea plan will be integrated into the City's development code. The Lindsay Subarea Plan offers a roadmap to guide growth and development. It articulates a long-term vision that reflects the subarea's unique character, identifies critical infrastructure and service needs, and outlines strategies to advance citywide goals and community priorities. The plan establishes a clear framework to shape Lindsay into a peaceful, Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 5 of 23 connected community by cultivating spaces that support well-being and welcome all who call it home. Exhibit 29. 8. City staff reviewed the proposal and determined it would be compatible with numerous goals and objectives of the approved Lindsay Subarea Plan, as well as with numerous goals and policies of the City Comprehensive Plan.3 Exhibit 1, Staff Report,pages 6 through 11. 9. The subject property, and adjacent properties to the east, west, and southwest, are zoned Residential Ultra Low Capacity(RULC)with a Master Planned Neighborhood (MPN) Overlay. Adjacent properties to the north, across 172nd Street NE, are zoned Residential Low Capacity, and are developed with single-family residences. Adjacent properties to the south are located within unincorporated Snohomish County and consist of vacant land and land developed with commercial uses. The purpose of the RULC zone is to "accommodate single-family residential development in areas not currently served by public sewer and water facilities." AMC 20.36.010(b). Major subdivisions are allowed in the RULC zone with a conditional use permit (CUP). AMC 20.40.120. The MPN Overlay requires that land within the overlay district"may be used in a manner permitted in the underlying district if and to the extent such use complies with the requirements of [master planned neighborhood developments under AMC 20.44.032]," including the requirement for establishment of a subarea plan, in conjunction with a Planned Action EIS. AMC 20.36.054;AMC 20.44.032. Having established such subarea plan for the Lindsay Subarea under the PAO, development within the subarea, such as that proposed here, is allowed subject to the Lindsay Subarea Plan and Lindsay Subarea Planned Action FEIS. The property is also located within Subdistrict C of the Airport Protection(AP) District Overlay. The purpose of the AP district overlay is to "protect the viability of the 3 City staff specifically identified the following goals and objectives of the Lindsay Subarea Plan as relevant to the proposal: Development and Design Goals 1,2,and 3,and Objectives 1,2,3,4,and 5; Transportation Goals 1,2,3,4,and 5,and Objectives 1,2,3,4,and 5;Parks and Trails Goals 1,2,3,and 4 and Objectives 1,2,3,and 4;Natural Environment Goals 1,2,and 3,and Objectives 1,2,and 3;and Utilities Goals 1 and 2,and Objectives 1,2,and 3. City staff specifically identified the following goals and policies of the City Comprehensive Plan as relevant to the proposal: Environment Goals 1,2, 5,and 10 and Policies 1.1, 1.5,2.1,5.1,5.3,5.4,5.9,5.13,5.16,5.21,and 10.1;Land Use Goals 1,6,7,and 9,and Policies 1.4,6.3,7.3,and 9.1;Housing Goals 1 and 10,and Policies 1.1, 1.2, 10.1,and 10.2; Parks, Recreation,and Open Spaces Goals 3 and 5,and Policies 3.1,5.2,and 5.3;Transportation Goals 2,6,7, 8, 9,and 13,and Policies 2.3,6.5,7.9,8.1,8.4,9.1,and 13.2;and Capital Facilities and Utilities Goals 3 and 7,and Policies 3.1,3.2,3.3,3.4,3.5,3.12,and 7.5. The text of these above referenced provisions may be found in the Lindsay Subarea Plan and the City Comprehensive Plan,which,as of the date of this decision, are available for view on the City website. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 6 of 23 Arlington Municipal Airport as a significant resource to the community by encouraging compatible land uses and densities, reducing hazards to lives and properties, and ensuring a safe and secure flying environment." AMC 20.38.010(a). The Applicant would be required to include language on the final plat notifying future property owners of possible effects from aviation activities and the proximity of the Arlington Municipal Airport. Exhibit 1, Staff Report,pages 4, 17, 18, and 40;Exhibit 4. Existing Site Conditions 10. As noted in the Hearing Examiner Lindsay Subarea Recommendation(No. PLN#1315), the Lindsay subarea is located at the southeast boundary of the city, measures approximately 87.49 acres, and is bound by 172nd Street(State Route 531) to the north, the 84th Avenue NE alignment to the east, the 168th Street NE alignment to the south, and the 75th Street NE alignment to the west. The Lindsay Subarea Plan identifies two portions of the subarea, a potential "Pending Project Area" and a potential "Future Development Area." The Future Development Area is comprised of all properties within the subarea located to the west of 79th Avenue NE and measures approximately 39 acres, with approximately 19 acres of gross buildable land and 20 acres that is unbuildable land due to critical areas, buffers, and easements. The Pending Project Area is comprised of the remaining properties within the subarea to the east of 79th Avenue NE that are owned by the Applicant and are anticipated to be developed following City Council's adoption of the Lindsay Subarea Plan and PAO. The subject property consists of five parcels within the Pending Project Area, totaling approximately 32.26 acres, which would contain the first planned action development project in the subarea. The subject property is currently developed with four single-family residential structures on large lots, with associated outbuildings and improvements, which would be removed as part of the proposed development. The topography of the site generally descends to the west, with approximately 80 feet of elevation change, with a steep slope present in the western portion of the site. Undeveloped portions of the subject property are primarily surfaced with lawn and landscaped areas and forested conditions. As discussed in further detail below, the undeveloped forested areas of the subject property contain critical areas, including: a Type Ns stream(Edgecomb Creek/Stream Z)with a standard 50-foot buffer, which originates approximately 160 feet southwest of the subject property and crosses over a small portion of the subject property at its western boundary; an approximately 22,644 square foot Category IV wetland (Wetland A) with a standard 40-foot buffer, located at the southern portion of the site; a Category III wetland(Wetland B), 45,715 square feet of which is located on-site, with a standard 110-foot buffer, located at the southeastern portion of the property and extending offsite to the south; a Category III wetland(Wetland C), 29,723 square feet of which is located on-site,with a standard 110- foot buffer, located at the southeast border of the property and extending offsite to the east; and a 117 square foot Category IV wetland(Wetland D)with a standard 40-foot buffer, located in the central portion of the property. In addition, a Category III wetland (Wetland 1) is located offsite to the southeast of the property, with a standard 110-foot Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 7 of 23 buffer that extends onto the southeast portion of the property. Hearing Examiner Lindsay Subarea Recommendation (No. PLN#1315), dated January 16, 2026; Exhibit 1, Staff Report,pages 2 through 6;Exhibits 2 through 7;Exhibit 15;Exhibit 16;Exhibit 19; Exhibits 28 through 30. Critical Areas 11. Soundview Consultants, LLC (Soundview),prepared a Wetland and Fish and Wildlife Habitat Assessment Report, dated June 21, 2024, and a Conceptual Mitigation Plan, dated June 20, 2025, which were included with, and incorporated in, the approved Lindsay Subarea Plan. In addition, Soundview submitted revised versions of these documents, on June 20, 2025, and January 16, 2026, respectively, for the current development proposal. Soundview determined that the proposed development would result in unavoidable impacts to critical areas and associated buffers. Specifically, Soundview determined: In order to meet density requirements and standards for open space, site access, utilities, and stormwater facilities associated with the proposed residential development, the proposed project requires the necessary, unavoidable complete fill of Wetland D, as well as the partial fill of Wetlands A and C. Additionally,permanent and temporary impacts to the buffers of Wetlands A, B, and C, offsite Wetland 1, and Stream Z are necessary and unavoidable in order to provide pedestrian walking trails and stormwater dispersion outfalls/trenches necessary to maintained existing site drainage patterns and hydrology. Exhibit 16. The permanent,unavoidable impacts described above would specifically result in 1,499 square feet of direct impacts and 690 square feet of indirect impacts to Wetland A; 9,783 square feet of direct impacts and 11,313 square feet of indirect impacts to Wetland C; and 117 square feet of direct impacts to Wetland D. In addition, the project would require 2,467 square feet of permanent impacts to the buffer areas associated with Wetlands A, B, and C, offsite Wetland 1, and stream Z, as well as 61,374 square feet of additional temporary buffer impacts from construction. As mitigation for the project's wetland impacts, the Applicant would be required to provide 47,347 square feet of wetland creation, 20,455 square feet of wetland restoration, 8,626 square feet of wetland enhancement, and 12,003 square feet of wetland as buffer enhancement. And, as mitigation for the project's buffer impacts, the Applicant would be required to provide 9,164 square feet of buffer creation, 61,329 square feet of buffer enhancement, and 63,216 square feet of buffer restoration. Soundview determined that the proposed mitigation would result in a net gain in wetland area and functions on the site. City staff reviewed the proposal and determined that the critical area alterations and proposed mitigation measures would be consistent with the Lindsay Subarea Plan, FEIS, and the vested provisions of the City's critical areas ordinance in effect on December 1, 2025. The remaining and newly created critical areas would be permanently protected in NGPA tracts, the largest of which would be located in the southern portion of the site,providing Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 8 of 23 separation of the proposed development from properties located within unincorporated Snohomish County. Exhibit 1, Staff Report,pages 6, and 28 through 34;Exhibits 3 through 7;Exhibit 15; Exhibit 16; Exhibits 27 through 30. 12. Earth Solutions NW, LLC,prepared a geotechnical engineering report for the proposed development, dated June 28, 2024, which ultimately determined that the proposed development would be feasible from a geotechnical perspective. Exhibit 19. 13. ERCI prepared an archaeological survey report, dated July 26, 2024,which did not identify any protected cultural resources within the project area. The Applicant would be required to comply with an Unanticipated Discovery Plan in the event that any historical, cultural, or archaeological sites or artifacts are discovered during ground-disturbing activities on-site. Exhibit 1, Staff Report,page 40;Exhibit 17;Exhibit 18. Stormwater 14. Land Technologies, Inc., prepared a stormwater site plan report and a construction stormwater pollution prevention plan for the project, both dated February 6, 2026. The report notes that the project would incorporate preferred options for on-site stormwater management to the extent feasible, in accordance with the requirements of the 2019 Washington State Department of Ecology(DOE) Stormwater Management Manual for Western Washington,with a portion of the site incorporating full dispersion, stormwater from rooftops routed to downspout dispersion trenches where applicable, and pollution generating impervious surfaces managed with Bioretention Cells. City staff reviewed the proposed stormwater management system and provided conceptual approval for the design. City staff would review the final stormwater management design at the civil permit stage to ensure compliance with the City Public Works Standards and Specifications and with the requirements of the most recent DOE Stormwater Management Manual for Western Washington. Exhibit 1, Staff Report,page 35; Exhibit 20; Exhibit 21; Testimony of Merle Ash. Trees 15. City staff notes that the proposal would require the removal of a majority of existing trees on the site in order to achieve the required density on the site as approved through the Lindsay Subarea and evaluated in the FEIS. Specifically, the Applicant proposes to remove 309 existing trees and would be required to replace the removed trees at a three- to-one ratio, for a total of 927 required replacement trees. The Applicant proposes to exceed this requirement by providing a total of 1,801 replacement trees onsite, 1,289 of which would be located within NGPA tracts as part of the required mitigation for critical areas impacts. Exhibit 1, Staff Report,page 26; Exhibits 3 through 7; Exhibit 155; Exhibit 16; Exhibits 27 through 30. Access, Traffic, and Parking Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 9 of 23 16. The proposed development would provide vehicle,pedestrian, and bicycle access to the new internal public and private street system from the existing public street of 172nd Street NE (SR 530). The project would also construct infrastructure that would connect to a future trail system on the north side of 172nd Street NE. City staff reviewed the Applicant's complete streets checklist and determined that the intent of the City's complete streets policy would be met, noting that the project would include the following improvements: • Construction of an interim roundabout at the 80th Avenue and 172nd Street/SR531 intersection. • Curb, gutter, sidewalk, and landscape planter strip along the south side of 172nd Street/SR531. • Curb, gutter, sidewalk, and landscape planter strip along the east side of 79th Avenue. • New public right-of-way and private streets within the subdivision, which would include curb, gutter, sidewalk, and planter strips where applicable per the type of street constructed. • The proposed project would include both public roads listed on the site plans as 171 st Street NE, Road A, Road B, Road C, and subdivision entrances from 172nd Street and a private road listed as Road D. City staff also determined that the proposal would comply with all other applicable street and sidewalk requirements, noting: • The Applicant would be financially responsible for the construction of all frontage improvements on 172nd Street, a section of 79th Avenue per the DA, and all internal roads within proposed subdivision. • The proposed subdivision would provide driveway access to each building lot from the new public road system or the internal private drive aisle, in compliance with City Standards and Specifications. • The proposal would include three access points from 172nd Street, as well as a future access point at the northeast portion of the property to connect to property to the east. • The internal street layout would provide multiple access points from all homes. • The proposal would comply with the Transportation Plan and would dedicate all public streets following construction. • The project plans show two dead-end streets, one at the northwest corner that would provide for a future connection to property to the east and a second in the southeast portion that ends in a cul-de-sac. • The cul-de-sac could potentially connect to the property on the east if feasible in the future. • The cul-de-sac dimensions would meet the requirements of Table 20.51-1 AMC but would only provide a sidewalk on the south side that terminates at Lot 41. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 10 of 23 The remaining sides of the cul-de-sac would border residential open space and NGPA. • The proposed project would require a civil permit prior to the installation of improvements on the site and a right-of-way permit prior to the installation of improvements within the public right-of-way. • The private road within the subdivision would not hinder public street circulation, and maintenance of the private road would be the responsibility of the property owner or homeowner's association. • The Applicant would be required to ensure that all wheelchair ramps on all streets and intersections are ADA compliant. • The proposed project may be eligible for a street assessment reimbursement agreement for the roundabout at the intersection of 80th Avenue and 172nd Street. Exhibit 1, Staff Report,pages 19 through 23;Exhibits 3 through 7; Exhibit 10;Exhibit 23; Exhibits 27 through 30. 17. City staff reviewed the proposal and determined that it would meet applicable parking requirements by providing two off-street parking spaces within the paved driveway of each residential unit, for a total of 342 parking spaces throughout the subdivision. Exhibit 1, Staff Report,page 25;Exhibits 3 through 7;Exhibits 27 through 30. 18. Transpo Group prepared a Traffic Impact Analysis (TIA) for the proposal, dated December 2024, which was included with, and incorporated in, the approved Lindsay Subarea Plan. The TIA determined that the project would generate a total of 1,706 new average daily trips, with 166 new PM peak-hour trips. For the project's impacts to the City's transportation network, the Applicant would be required to pay traffic mitigation fees currently calculated at $3,355 per PM peak-hour trip.4 Pursuant to an interlocal agreement between the City and Snohomish County, the Applicant would also be required to pay traffic impacts fees to the County, which are calculated at$242 per new average daily trip, for a total of$280,187.60. The TIA also determined that all studied intersections would continue to operate at acceptable levels of service following a full build out of the project, which would include the construction of a roundabout at the intersection of 172nd Street NE and 80th Drive NE prior to occupancy of the 56th residential unit within the subdivision. Exhibit 1, Staff Report,page 27;Exhibits 22 through 25. a There appears to be a discrepancy between the number of additional PM peak-hour trips noted in the TIA (166)and that calculated by City staff in its staff report(171). City staff notes that the City assigns 1 PM peak-hour trip for each single-family residence,and the discrepancy in the total peak-hour trips may be due to the staff report not accounting for the existing single-family residences on the property that would be removed. In any event,this discrepancy should be resolved prior to the assessment of traffic impacts fees at the building permit stage. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 11 of 23 Utilities and Services 19. The City of Arlington would provide water and sanitary sewer service to the proposed development. The Applicant obtained a water and sewer availability letter from the City, dated February 4, 2026. The City would also provide police services, and North County Regional Fire would provide emergency fire services. Students residing in the subdivision would be served by Arlington School District. Garbage services would be provided by Waste Management NW; electricity services would be provided by Snohomish County PUD#1; and gas services would be provided by Cascade Natural Gas. The Applicant would be required to pay school impact fees, currently calculated at $544 for each single-family dwelling unit, for a total of$93,024. The Applicant would also be required to pay parks impact fees, currently calculated at $2,536.16 for each single-family residential unit, for a total of$433,683.36. Exhibit 1, Staff Report,pages 4, 23, 24, and 27;Exhibit 9. Lindsay Subarea Plan Development and Design Standards 20. Chapter 3 of the Lindsay Subarea Plan provides development and design standards applicable to development projects within the Lindsay Subarea. These standards include a planned residential density, which is not to exceed 436 units across the entire 87.5-acre subarea; dimensional standards requiring minimum lot sizes of 3,600 square feet, maximum lot sizes of 4,500 square feet, minimum lot widths of 30 feet, and maximum structure heights of 30 feet; building setback requirements; home projection (roof overhangs, fireplace projections, and bay and box windows) limitations; lighting standards; and tree standards. City staff reviewed the proposed development and determined that, with conditions, it would comply with these standards, noting: • The proposal is for 171 residential units on 32.26 acres within the Lindsay Subarea. As the first project in the Lindsay Subarea, it would not exceed the required density. • All lots would be a minimum of 3,600 square feet and would not exceed 4,500 square feet. • All lots would provide a minimum width of 30 feet. • No structures would exceed 35 feet in height. • The setbacks for the residential structures would be evaluated with the building permit applications for each lot. The Applicant would be required to site plan with the building permit application demonstrating that the required setbacks would be met. • All proposed projections on the homes would be evaluated with the building permit applications for each lot. • The Applicant would be required to provide lighting meeting the details and expectations of the Lindsay Subarea Plan, PAO, and FEIS. City staff would review the Applicant's final lighting plans and details to ensure compliance with these requirements at the civil permit stage. • The Applicant would be required to plant street trees in landscape strips for every 40 feet of street frontage. The street trees shall be deciduous trees 2-inch Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 12 of 23 diameter at breast height (dbh) at time of planting with a canopy that starts at least eight feet above finished grade and will have a fully mature trunk at least 8 inches in diameter. • Required non-street trees would be required to be a native species, have a minimum 1.5-inch dbh, and attain a minimum height of 25 feet at maturity. • Root barriers would be required to be provided for all street trees and all trees planted adjacent to sidewalks,paved driving areas, and paved parking areas. Root barriers would be required to be 18 inches deep and 6 feet wide. • Required landscape strips would be required to be planted in accordance with Department of Public Works Standards and Specifications. City staff would administratively review the proposal to ensure compliance with applicable design standards prior to submittal of the building permit applications. Exhibit 1, Staff Report,pages 18 and 35 through 37;Exhibits 3 through 8. Conditional Use Permit 21. As discussed above, major subdivisions are allowed in the RULC zone with a conditional use permit(CUP). City staff reviewed the application materials and determined that, with conditions, the criteria for a CUP would be satisfied, noting: • The property is within the city limits, and the proposed subdivision would be allowed by meeting the regulations of the Lindsay Subarea Plan, PAO, FEIS, and DA. • The application was deemed complete on February 11, 2026. • The proposal would comply with all applicable requirements of the zoning code, Title 20 AMC. • The City issued a Modified SEPA Decision meeting the Lindsay Subarea requirements on February 17, 2026. No parties appealed the original Lindsay Subarea Plan FEIS, which established the regulations and requirements set forth in the Lindsay Subarea PAO. • The requested CUP, with conditions, would be consistent with all Title 20 AMC requirements; permit processing procedures; and all other applicable plans, regulations, and policies. • The proposed development would not materially endanger the public health or safety of existing or future residents. The proposed development would meet the intent of the zoning code and Lindsay Subarea regulations. • The proposed development, as mitigated and conditioned, would not materially harm adjoining or abutting properties. • The proposed development would be compatible in terms of design/layout and residential use with surrounding land uses in the area in which it is located in accordance with the Lindsay Subarea Plan and PAO. • The proposed development would be in conformity with the land use plan, transportation plan, Lindsay Subarea Plan, Lindsay Subarea PAO, Lindsay Subarea FEIS, and the DA. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 13 of 23 Exhibit 1, Staff Report,pages 38 and 39. Testimony 22. City Deputy Director of Community and Economic Development Amy Rusko testified generally about the proposal and how, with conditions, it would comply with the City Comprehensive Plan, zoning ordinances, regulations for a preliminary major subdivision, and the specific criteria for approval for a CUP, in accordance with the Lindsay Subarea Plan, FEIS, and PAO. She described the subject property and surrounding development, consistent with the findings above. Ms. Rusko explained that the proposal includes infrastructure improvements, including new streets,parking spaces, open spaces, recreational spaces, sidewalks, landscaping, and utility extensions. She stated that the Applicant would also install sidewalk and landscaping along 172nd Street NE and a roundabout at the intersection of 172nd Street NE and 80th Drive NE. She explained that, under the conditions recommended by the City, the Applicant would be required to install the roundabout prior to obtaining a certificate of occupancy for a 56th residence. She noted that curb improvements and an ADA-accessible ramp would be installed on the northside of the roundabout. Ms. Rusko further explained that design and impacts of the development were addressed during the Lindsay Subarea Plan process, including the Plan's Environmental Impact Statement. She confirmed that design review would be conducted administratively. Testimony of Amy Rusko. 23. Attorney Nicole De Leon, on behalf of the Applicant, asserted that all iterations of the proposed development have been thoroughly vetted. She explained that the proposal's environmental impacts were evaluated in the FEIS for the Lindsay Subarea Plan and that the Plan has been reviewed and approved. Ms. De Leon stated that there is a development agreement with the City to ensure that the proposed development is feasible. She noted that the Applicant has received positive feedback on the proposal from stakeholders, including government agencies, neighbors, and tribes. She further noted that the proposal includes mitigation measures for any adverse impacts. Statements of Attorney Nicole De Leon. 24. Project Manager Rachel Miller confirmed that the final Lindsay Subarea Plan is identical to the draft plan previously reviewed by the Hearing Examiner. Testimony of Rachel Miller. 25. Applicant Representative Merle Ash testified generally about the stormwater management system for the proposed development. He explained that the site is not suitable for infiltration and that stormwater would be managed through two systems: on- site detention vaults and biocells. Mr. Ash explained that the detention vaults would release a portion of the stormwater collected onsite to mimic natural flows with stormwater ultimately dispersed into surrounding critical areas. He further explained that biocells would provide additional stormwater treatment and some attenuation. Testimony of Merle Ash. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 14 of 23 26. Project Environmental Scientist Kramer Canup described the critical areas that have been identified on or near the subject property. He stated that Soundview conducted several site visits and site walks with reviewing agencies and the Tulalip Tribes. He noted that the Department of Ecology has issued approval for the Water Quality Certification. Mr. Canup described the temporary and permanent impacts to critical areas and the measures the Applicant would take to mitigate these impacts. He explained that mitigation measures include development of a large wetland creation area and buffer enhancement and restoration. He further explained that the existing pasture area in the southern portion of the property would be enhanced into a wetland complex with native trees and shrubs. Mr. Canup noted that on-site Wetland B and its associated buffer are healthy, with minimal invasive species, so the proposed development would not alter these areas. He testified that the proposal would ultimately provide a net benefit to the ecological function of the critical areas and improve water quality of Portage Creek. Testimony of Kramer Canup. Staff Recommendation 27. City staff, having determined that the proposal would comply with the City Comprehensive Plan and all applicable development regulations, recommends approval of the Applicant's request for a preliminary major subdivision and CUP, with conditions. Exhibit 1, Staff Report,pages 36 through 42. CONCLUSIONS Jurisdiction The Hearing Examiner is granted the authority to hear and decide the applications for a conditional use permit to authorize a preliminary major subdivision. Revised Code of Washington (RCW) 36.70.970;AMC 20.12.230;AMC 20.16.225;AMC 20.16.400. Criteria for Review Subject to Subsection(d) [of AMC 20.16.225], the designated decision-maker shall issue the requested permit unless it concludes,based upon the information submitted at a hearing if there is a hearing or by signed letter if there is not, that: (1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this title (not including those the applicant is not required to comply with under the circumstances specified in Chapter 20.32, (Nonconforming Situations), or (4) The proposed project has not complied with SEPA, or Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 15 of 23 (5) The proposed project is not in conformance with the comprehensive plan, transportation plan, or other adopted plans, regulations, or policies. AMC 20.16.225(c). Even if the permit-issuing authority Ends that the application complies with all other provisions of this title, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (1) Will materially endanger the public health or safety, or (2) Will materially harm adjoining or abutting property, (3) In terms of design and use will not be compatible with the area in which it is located. AMC 20.16.225(d). In addition, RCW 58.17.110(2) requires that a proposed subdivision shall not be approved unless the Hearing Examiner Ends that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,potable water supplies, sanitary wastes,parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. Conclusions Based on Findings With conditions,the proposal would satisfy the requirements for approval of a conditional use permit for a preliminary major subdivision under the municipal code and RCW 58.17.110(2). The City provided reasonable notice of the application and opportunity to comment on the proposal. The City did not receive any written comments on the proposal from members of the public in response to its notice materials, and no members of the public testified at the open record hearing. The City received a comment on the proposal from WSDOT, which noted that it was working with the City and Applicant on the project. The proposed development represents the first planned action development project within the Lindsay Subarea subject to the Lindsay Subarea Plan that was approved by City Council on February 2, 2026. The City issued a FEIS for the Lindsay Subarea Plan on November 25, 2025, which was not appealed. The FEIS fully addresses all probable significant adverse environmental impacts associated with the planned development for the Lindsay Subarea and the measures necessary to mitigate these impacts. Accordingly,projects within the scope of the Lindsay Subarea PAO are not subject to further SEPA environmental review. City staff reviewed the Applicant's modified SEPA checklist and determined that the project qualifies as a Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 16 of 23 planned action within the scope of the PAO and that, therefore, no further SEPA review is required. City staff determined that the proposal would be consistent with numerous goals and policies of the Lindsay Subarea Plan and the City Comprehensive Plan. The property is zoned RULC with an MPN Overlay. Preliminary major subdivision are allowed in the RULC zone with a conditional use permit, subject to the standards established under a subarea plan and planned action EIS required for the master planned neighborhood. City staff provided a thorough analysis detailing how, with recommended conditions, the project would comply with applicable development and design standards of the Lindsay Subarea Plan, including standards related to residential density, lot sizes and dimensions, building setbacks, lighting, and trees. The Hearing Examiner has independently reviewed the proposal for compliance with these standards and concurs with City staff s analysis and determination that the proposal, as conditioned, would conform to these standards. City staff would administratively review the Applicant's final design plans to ensure compliance with applicable design standards prior at the building permit application stage. The proposed development would result in unavoidable direct and indirect impacts to several critical areas and their associated protective buffers, including impacts to an on-site Category III wetland(Wetland C) and its associated buffer and to two on-site Category IV wetlands (Wetlands A and D) and their associated buffers, as well as impacts to the buffer areas associated with an on-site Category III wetland(Wetland B), a Type Ns stream(Edgecomb Creek/Stream Z), and an offsite Category III wetland(Wetland 1), as detailed in the findings above. The Applicant would fully mitigate for these impacts on-site, through such measures as wetland and buffer creation, restoration, and enhancement. Again, these impacts and mitigation measures were addressed by the approved Lindsay Subarea Plan and Planned Action FEIS, and City staff reviewed the proposal for consistency with these planning documents as well as the critical areas regulations vested to the project under the DA, and determined that the proposed critical areas alterations would be authorized subject to the identified mitigation measures. The Hearing Examiner has also independently determined that the proposed critical areas alterations and identified mitigation measures would comply with all applicable regulations. The proposed development would also be consistent with other aspects of the planned action within the Lindsay Subarea that were identified and evaluated when approving the Lindsay Subarea Plan and associated FEIS and PAO. The project's consistency with the planned action analyzed in these planning documents ensures that appropriate provisions would be made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes,parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and that the public use and interest will be served by the platting of such subdivision and dedication, as required by the State Subdivision Act, Chapter 58.17 RCW. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 17 of 23 A geotechnical engineering report prepared for the proposal determined that the project would be feasible from a geotechnical perspective. An archaeological survey report prepared for the proposal did not identify any protected cultural resources within the project area, and the Applicant would be required to comply with an Unanticipated Discovery Plan in the event that any historical, cultural, or archaeological sites or artifacts are discovered during ground- disturbing activities on-site. City staff reviewed the Applicant's proposed measures for addressing stormwater on-site and determined that it would be conceptually feasible. The City would review the Applicant's final drainage plan to ensure compliance with applicable stormwater regulations at the civil permit stage. The proposal would include several open space and combined open space/stormwater management tracts, which would provide a total of 124,320 square feet of active open space and 40,855 square feet of passive open space, in addition to the 335,374 square feet of natural critical areas that would be permanently protected within NGPA tracts. The proposed project would exceed applicable tree replacement requirements by providing a total of 1,801 replacement trees for the 309 existing trees that would be removed to facilitate the development proposal. City staff reviewed the Applicant's complete streets checklist and determined that the project would meet the intent of the City's complete streets policy and would comply with all other applicable street and sidewalk requirements. The inclusion of sidewalks within the new internal roadway system and sidewalk improvements along the property's frontage with 172nd Street/SR531 would ensure safe walking conditions for future students residing within the subdivision. City staff also determined that the proposed development would satisfy applicable parking requirements by providing a total of 342 off-street parking spaces throughout the subdivision, within the garages and driveways of each residential unit. The Applicant's Traffic Impact Analysis determined that the project would generate a total of 1,706 new average daily trips, with 166 new PM peak-hour trips. For the project's impacts to the City's transportation network, the Applicant would be required to pay traffic mitigation fees currently calculated at $3,355 per PM peak-hour trip. The Applicant would also be required to pay traffic impact fees to Snohomish County, currently calculated at $242 per new average daily trip, for a total of$280,187.60,pursuant to an interlocal agreement. The TIA further determined that all studied intersections would continue to operate at acceptable levels of service following a full build out of the project, which would include the construction of a roundabout at the intersection of 172nd Street NE and 80th Drive NE prior to occupancy of the 56th residential unit within the subdivision. City staff determined that there are adequate utilities to serve the proposed development. The Applicant would be required to pay school and park impact fees to mitigate for the proposal's impacts to local schools and parks. The Hearing Examiner determines that the project's consistency with the Lindsay Subarea Plan, together with the mitigation measures identified and required under the associated planned action FEIS and the conditions detailed below, would ensure that the proposal would not materially Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 18 of 23 endanger the public health or safety, would not materially harm adjoining or abutting property; and would be compatible with the surrounding area in terms of design. Findings I —27. DECISION Based upon the preceding findings and conclusions, the request for a preliminary major subdivision and conditional use permit to subdivide five parcels totaling approximately 32.26 acres to create 171 residential lots, for small lot detached single-family homes, and 27 tracts, for use as residential usable space; open space; landscaping; an approximately 7.9-acre Native Growth Protection Area; public and private streets; and dedication areas, in conformance with the approved Lindsay Subarea Plan, Lindsay Subarea Final Environmental Impact Statement, Lindsay Area Planned Action Ordinance, and provisions of the City zoning code vested under a development agreement between the City of Arlington and the Applicant, is APPROVED, subject to the following conditions: Land Use Approval: 1. All development shall be in substantial conformance with the Subdivision Site Plans, Planning Plans, Landscape Plans, and Preliminary Civil Plans received on March 17, 2026, subject to any conditions or modifications that may be required as part of the permit and construction plan review. 2. All development shall be in substantial conformance with all Exhibits of the Hearing Examiner Public Hearing held on April 28, 2026. 3. The development shall be in conformance with the Lindsay Subarea Plan, Lindsay Subarea Planned Action Ordinance, Lindsay Subarea Final EIS and MJS Investors Development Agreement. 4. No permits and/or construction pursuant to the Conditional Use Permit shall begin or be authorized until 21 days from the date of the decision. 5. The developer shall clear any outstanding Planning Division permit-processing accounts with the City within 60 days of issuance of this permit. 6. The preliminary subdivision is split into two phases. All infrastructure to support Phase 1 of the project is required to be completed prior to final subdivision approval and recordation. Phase 2 may be completed in a separate final subdivision after infrastructure is completed. 7. All public improvements along 172nd Street/SR 531, 79th Avenue, and proposed new public streets within the subdivision shall be dedicated to the City of Arlington upon completion and acceptance of the improvements with the recording of the Final Subdivision. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 19 of 23 8. All proposed stream and wetland buffer mitigation and monitoring requirements from the Final Mitigation Plan completed by Soundview Consultants shall be implemented. 9. The construction and final development shall meet all Title 20 AMC regulation requirements, along with all local, state, or federal code requirements. Civil Construction: 10. Prior to any construction activities, the Applicant shall file and receive approval of civil construction plans that comply with all requirements of the Land Use Code, International Building Code, International Fire Code, and Public Works Construction Standards and Specifications. Said plans shall address all site improvements, either required or voluntarily provided. 11. All stormwater is required to meet the most currently adopted version of the Department of Ecology Stormwater Management Manual for Western Washington. The final drainage plan shall be approved with the Civil permit. 12. The Applicant is required to provide sufficient lighting throughout the site that will illuminate the public streets,private drives,parking areas, and residences. The street lighting is required to comply with the Complete Streets Lighting Guide. A final lighting plan is required to be submitted for review and approval with the Civil Permit. 13. The Applicant is required to obtain utility permits from the City of Arlington for water and sanitary sewer connections. 14. The Applicant shall construct all existing, extended, and new electrical power lines (not to include transformers or enclosures containing electrical equipment including but not limited to, switches, meters, or capacitors which may be pad mounted), telephone, gas distribution, cable television, and other communication and utility lines in or adjacent to any land use or building permit approved after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility service providers and located in accordance with the administrative guideline entitled"Public Works Construction Standards and Specification." Even in the event the distribution line originates from a point opposite any public roadway from the new construction the service lines shall be placed beneath said roadway by means of boring or surface excavation across said roadway. 15. The placement of Snohomish County PUD transformer cases shall be reviewed and approved by the city. All cases that abut public right-of-way are required to be decoratively wrapped. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 20 of 23 16. The Applicant shall follow the Unanticipated Discovery Plan submitted on February 10, 2026. The Unanticipated Discovery Plan is required to be on-site and followed should archaeological resources or human remains be encountered. 17. The Applicant is eligible to receive City of Arlington traffic impact fee credit through the construction of the roundabout at the 80th Avenue and 172nd Street/SR 531 intersection, frontage improvement and dedication along 172nd Street/SR 531, and improvements and dedication of 79th Avenue NE. 18. The Applicant may be eligible for a street assessment reimbursement agreement for the roundabout at the intersection of 80th Avenue NE and 172nd Street/SR 531. If this is pursued the criteria and regulations within AMC 12.32 are required to be followed and completed prior to the final sign-off for the completion of the Civil and/or ROW improvements. The amount received in traffic impact fee credit shall be subtracted from the amount eligible for reimbursement. Prior to Final Subdivision: 19. The Applicant shall complete all required Civil Construction improvements on the subject site; however, the Applicant may bond certain improvements, such as Landscaping, Streetlights, and Final Lift of Asphalt. 20. The preliminary subdivision is split into two phases. All infrastructure to support Phase 1 of the project is required to be completed prior to final subdivision approval and recordation. Phase 2 may be completed in a separate final subdivision after infrastructure is completed. 21. The Applicant shall receive all street names and addresses from the City prior to submittal for incorporation within the Final Subdivision documents. 22. The Applicant shall submit a copy of the incorporation of the Homeowner's Association and the proposed Covenants, Conditions, and Restrictions with the final subdivision application. The CC&Rs shall include the maintenance of the private road system and the maintenance of private lots, buildings, and abutting right-of-way for the site. Recording Final Subdivision: 23. The Applicant shall submit as-builts, acquire all required bonds, and complete the civil construction punch list for the project. 24. The Applicant shall provide language to be placed on the final subdivision that notifies future property owners of possible effects from aviation activities and the proximity of the Arlington Municipal Airport. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 21 of 23 25. The Applicant shall record the Final Subdivision within 30 days of city signature with the Snohomish County Auditor's Office and provide the City of Arlington with an electronic copy. Building: 26. Prior to issuance of the building permit, excluding model home permits,the applicant shall complete all required or voluntary improvements approved with the Civil Permit, unless otherwise secured and authorized by the City Engineer. 27. The Applicant shall meet the requirements of the International Residential Code for all structures proposed within the subdivision. 28. The Applicant is required to obtain Design Review approval for all structures proposed on the site prior to the submittal of building permits. The Applicant shall meet the requirements of the City Development Design Standards, Lindsay Subarea Plan, and Lindsay Subarea Planned Action Ordinance. 29. The Applicant shall meet the required lot size, lot width, building height, building setbacks, and building projections as regulated by the Lindsay Subarea Plan and Lindsay Subarea Planned Action Ordinance. 30. The proposed single-family residences are required to comply with AMC 15.24.040(7) with the installation of automatic fire sprinkler systems per the International Residential Code and the International Fire Code at the time of Building Permit submittal. 31. Issuance of Certificate of Occupancy shall be limited to 55 residential housing units prior to the completion of the roundabout located at the 80th Avenue and 172nd Street/SR 531 intersection and required 172nd Street/SR 531 frontage improvements. 32. The Final Subdivision shall be recorded at Snohomish County Auditor's Office and the recorded document returned to the City of Arlington prior to issuance of any Building Permits, with the exception of up to 5 model homes that may be constructed prior to final subdivision. 33. The project is subject to applicable water and sewer utility fees. These fees are collected at the time of building permit issuance. 34. The project is subject to applicable impact fees, such as Traffic, Parks, and Schools impact fees. These fees are collected at the time of building permit issuance. 35. Building signage for the subdivision is required to be permitted through a sign permit application. All signage requires city approval prior to installation. Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 22 of 23 Other: 36. Business Licenses for all contractors working on the site shall be required to obtain a City of Arlington Business License. DECIDED this 12th day of May 2026. PEREGRIN K. SORTER Hearing Examiner Laminar Law, PLLC Findings, Conclusions, and Decision City of Arlington Hearing Examiner Lindsay Project 1 No.PJ 26-0104 Page 23 of 23