HomeMy WebLinkAboutExhibit 2 - Preliminary Major Subdivision Application LAND USE APPLICATION
LAND DIVISION PERMIT
�+pLING�o� COMMUNITY & ECONOMIC DEVELOPMENT
18204 5911 Avenue NE . Arlington, WA 98223• Main Line 360.403.3551
FOR AGENCY USE Date: File: Fee: $
PERMIT TYPE
Administrative Decision ❑ Binding Site Plan (<_9 lots) Required Submittals 0 Land Division Submittal
❑ Boundary Line Adjustment (Check All That Apply) Requirements Checklist
❑ Minor Plat Preliminary(<_9 lots) 0 Required Submittal Items
❑ Minor Plat Final (<_9 lots) ❑ Shoreline Substantial
❑ Unit Lot Preliminary(<_9 lots) ❑ Design Review—Admin.
❑ Unit Lot Final (<_9 lots) ❑ Design Review—Board
Hearing Examiner or ❑ Binding Site Plat(>_ 10 lots)
Council Decision ❑ Major Plat Preliminary(>_ 10 lots)
❑ Major Plat Final (>_ 10 lots)
❑ Unit Lot Preliminary(>_ 10 lots)
❑ Unit Lot Final (>_ 10 lots)
SITE INFORMATION
Site Address 8014 172nd St NE Tax Parcel ID Number(s) 310525-002-006-00,310526-001-001-00
(Use block#if no bldg.#) Arlington,WA 98223 310526-001-002-00,310526-001-022-00,310526-001-023-00
Property Acreage 32.26 ac Zoning Classification RULC(Residential Ultra Low Capacity)
Property Square Feet 1,405,371 sf Use Classification No.
Water Supply Current Proposed Sewer Supply Current Proposed
Well City of Arlington Septic City of Arlington
Existing Use of Property 3 SFR and misc sheds on acreage
On-Site Critical Areas? Critical Area Type
El Yes El NO e. .wetland,steepslope,etc.) Wetlands
Has Site Been Logged in ❑ Yes 0 No Will Site Be Logged as 0 Yes ❑ No
Past 6 years? 1. Part of This Project?
OWNER APPLICANT irk
Name See attached Ownership MJS Investors Merle Ash/Land Technologies, Inc.
Full Address 11400 SE 8th St 18820 3rd Ave NE
Bellevue,WA 98004 Arlington,WA 98223
Phone Number 425.559.2726 360.652.9727
E-mail robr@mjsinvestors.com merle@landtechway.com
Relationship of Applicant El Owner 21Contract Purchaser ❑Lessee El Other:
to Pro ert check one
PROJECT . •JECT ENGINEER PROJECT SURVEYOR
Name to be determined Land Technologies,Inc/Tyler Foster,PE North Peak Associates,LLC/Steven Berg,PLS
18820 3rd Ave NE 17270 Woodinville Redmond Road NE,Ste 705
Full Address
Arlington, WA 98223 Woodinville, WA 98072
Phone Number 360.652.9727 206.601.4682
E-mail tyler@landtechway.com stevenb@northpeakassociates.com
City of Arlington
Land Division Application
Page 1 of 3
Rev 11/2021
PROJECT DETAILS
Project/Plat Name ILindsay Project 1
Total Number of Proposed Lots 171 Lots
Total Number of Proposed Units
Single Family 171
Duplex
By Dwelling 1 Townhouse
Use Type
Multi-Family
Other
By Non- Commercial
Residential Industrial
Use Type Other
Has this property been subdivided,or has application for subdivision ❑Yes 0 No
been made,within the last 5 years?
If Yes, Provide Applicant Name&Plat Name
I FINAL PLAT APPLICATION ONLY
Date Preliminary Plat Approved
Improvements have been: ❑ Built ❑ Bonded ❑Some Built, Some Bonded ❑Other:
FOREST0,000sq
AND MITIGATION O SIGNIFICANT TREE REMOVAL(All Applications)
-
Associated Land Use Permit Ns
Number of Significant Trees to be Harvested approximately 300
Total Acreage to be Harvested 24.44 ac
Is there a Current Development Moratorium on the Site? ❑ Yes ❑ No
Type of Forest Land Conversion 0 Class IV—General ❑ Class IV—Special
Significant Tree Mitigation Options (A, B, or C)
Will Significant Trees be Removed During any Phase of 0 Yes ❑ No (If, no, then no mitigation is required)
this Proposed Project?
A) Number of Trees to be Replanted On-Site(3:1 Ratio) approximately 900
OR Date Completed (For Agency Use Only)
B) Number of Trees to be Replanted Off-Site(3:1 Ratio)
OR Date Completed (For Agency Use Only)
C)Tree Mitigation In-Lieu Fee (#of Harvested Trees)_X(3)X(Tree Cost)_
Date Paid
Receipt Ns
City of Arlington
Land Division Application
Page 2 of 3
Rev 11/2021
SHORELINE •'
(R quired for all Development Within or Adjacent to a Shoreline)
Will this Proposal be a Substantial Development as Defined in AMC§20.93? ❑Yes ❑No
Shoreline Environmental Designation(if yes)
Are you requesting a Shoreline Variance as allowed under AMC§20.92.130? ❑ Yes ❑ No
All projects subject to a Shoreline Substantial Development Permit are required to be processed concurrently.
APPLICANT CERTIFICATION
I certify that I am the Owner or Owner's authorized agent. If acting as an authorized agent, I further certify that I am authorized
to act as the Owners agent regarding the property at the above referenced address for the purpose of filing applications for
permits or review under the Arlington Municipal Code and I have full power and authority to perform on behalf of the Owner all
acts required to enable the City to process and review such applications.
I do hereby declare under penalty of perjury under the laws of the state of Washington that I have familiarized myself with the
rules and regulations with respect to preparing and filing this application and that the statements and information submitted
herewith are in all respects true and correct to the best of my knowledge and belief.
DATED AT _ �e.d� �,t/� Washington on this date:
Applicant's Signature:
REAL PROPERTY OWNER CEfA, ION
I do hereby declare under penalty of perjury under the laws of the state of Washington that I am the owner of the subject
property or an officer/member of the entity owning the subject property,that it is my desire to seek the subject land use permit,
and that I will abide by any requirements and conditions that may be part of the approval of this request. I also hereby grant
permission for City employees,agents of the City and/or other agency officials to enter the subject property,if necessary,for the
purpose of site inspections.
DATED AT L I��,,Zf— Washington on this date:
Owner's Signature: cL�I Get
All other property owners of the subject property must also sign below(attach additional sheets if necessary):
1) Name: Signature:
Address: Phone:
2) Name: Signature:
Address: Phone:
City of Arlington
Land Division Application
Page 3 of 3
Rev 11/2021
SHORELINE •• ONLY
(RequiredDevelopment Adjacent to a Shoreline)
Will this Proposal be a Substantial Development as Defined in AMC§20.937 [--]Yes [--]No
Shoreline Environmental Designation (if yes)
Are you requesting a Shoreline Variance as allowed under AMC§20.92.130? ❑ Yes ❑ No
All projects subject to a Shoreline Substantial Development Permit are required to be processed concurrently.
APPLICANT CERTIFICATION
I certify that I am the Owner or Owner's authorized agent. If acting as an authorized agent, I further certify that I am authorized
to act as the Owners agent regarding the property at the above referenced address for the purpose of filing applications for
permits or review under the Arlington Municipal Code and I have full power and authority to perform on behalf of the Owner all
acts required to enable the City to process and review such applications.
I do hereby declare under penalty of perjury under the laws of the state of Washington that I have familiarized myself with the
rules and regulations with respect to preparing and filing this application and that the statements and information submitted
herewith are in all respects true and correct to the best of my knowledge and belief.
DATED AT ���� ��� Washington on this date: 1A1.
�
Applicant's Signature:
REAL PROPERTY OWNER CERTIFICATION-
I do hereby declare under penalty of perjury under the laws of the state of Washington that I am the owner of the subject
property or an officer/member of the entity owning the subject property,that it is my desire to seek the subject land use permit,
and that I will abide by any requirements and conditions that may be part of the approval of this request. I also hereby grant
permission for City employees, agents of the City and/or other agency officials to enter the subject property,if necessary,for the
purpose of site inspections.
DATED AT Washi ton on this date:
Owner's Signature: "<����
All other property owners of the subject property must also sign below(attach additional sheets if necessary):
1) Name: F'Q�-,n;c a 1 , l Year;a s Signature:
Address: /�� /v2 :� yJ
S �1,�.� Phone: y"?�
2) Name: Signature:
Address: Phone:
City of Arlington
Land Division Application
Page 3 of 3
Rev 11/2021
SHORELINEDEVELOPMENT ONLY
(Required for all Development
Will this Proposal be a Substantial Development as Defined In AMC§20.93? DYes ❑No
Shoreline Environmental Designation(if yes)
Are you requesting a Shoreline Variance as allowed under AMC§20.92.130? ❑Yes O No
All projects subject to a Shoreline Substantial Development Permit are required to be processed concurrently.
APPLICANT CERTIFICATION
I certify that I am the Owner or Owner's authorized agent. If acting as an authorized agent, I further certify that I am authorized
to act as the Owners agent regarding the property at the above referenced address for the purpose of filing applications for
permits or review under the Arlington Municipal Code and I have full power and authority to perform on behalf of the Owner all
acts required to enable the City to process and review such applications.
I do hereby declare under penalty of perjury under the laws of the state of Washington that I have familiarized myself with the
rules and regulations with respect to preparing and fling this application and that the statements and information submitted
herewith are in all respects true and correct to the best of my knowledge and belief.
DATED AT Camano Island Washington on this date: 2/5/26 !P
Applicant's Signature: f
REAL PROPERTY OWNER CERTIFICATION
I do hereby declare under penalty of perjury under the laws of the state of Washington that I am the owner of the subject
property or an officer/member of the entity owning the subject property,that it is my desire to seek the subject land use permit,
and that I will abide by any requirements and conditions that may be part of the approval of this request. I also hereby grant
permission for City employees,agents of the City and/or other agency officials to enter the subject property, if necessary,for the
purpose of site inspections.
DATED AT Camano Island Washington on this date: 2/5/26
Owner's Signature
All other property owners of the subject property must also sign below(attach additional sheets if necessary):
1) Name: Cris V. Ewell Signature: 0 - -
Address: 242 Burke Dr Phone: 206 832-73tg
2) Name: Signature:
Address: Phone:
City of Arlington
Land Division Application
Page 3 of 3
Rev 11/2021
SHORELINE ••
(Required for all Development Within or Adjacent to a Shoreline)
Will this Proposal be a Substantial Development as Defined in AMC§20.93? ❑Yes ❑No
Shoreline Environmental Designation(if yes)
Are you requesting a Shoreline Variance as allowed under AMC§20.92.130? ❑ Yes ❑ No
All projects subject to a Shoreline Substantial Development Permit are required to be processed concurrently.
APPLICANT CERTIFICATION
I certify that I am the Owner or Owner's authorized agent. If acting as an authorized agent, I further certify that I am authorized
to act as the Owners agent regarding the property at the above referenced address for the purpose of filing applications for
permits or review under the Arlington Municipal Code and I have full power and authority to perform on behalf of the Owner all
acts required to enable the City to process and review such applications.
I do hereby declare under penalty of perjury under the laws of the state of Washington that I have familiarized myself with the
rules and regulations with respect to preparing and filing this application and that the statements and information submitted
herewith are in all respects true and correct to the best of my knowledge and belief.
DATED AT Washington on this date:
Applicant's Signature: G \
REAL PROPERTY OWNER CERTIFICATION
I do hereby declare under penalty of perjury under the laws of the state of Washington that I am the owner of the subject
property or an officer/member of the entity owning the subject property,that it is my desire to seek the subject land use permit,
and that I will abide by any requirements and conditions that may be part of the approval of this request. I also hereby grant
permission for City employees,agents of the City and/or other agency officials to enter the subject property, if necessary,for the
purpose of site inspections.
DATED AT A&1.1 Yl &TZFJ Washington on this date: 2��Sam
Owner's Signature:
11--J 0
All other property owners of the subject property must also sign below(attach additional sheets if necessary):
1) Name: Signature:
Address: Phone: �► • �`�
T
2) Name: Signature:
Address: Phone:
City of Arlington
Land Division Application
Page 3 of 3
Rev 11/2021
City of Arlington Received
18204 591h Avenue NE
Arlington,Washington 98223 Stamp
(360)403-3551
Land Division Permit—Submittal Requirements
➢ The number indicates the item is required for submittal and the number of copies required General Information Meeting Date:
➢ • Indicates the item shall,upon request,be required for submittal Submittal Date:
Complete
Submittal Requirements Submittal Item? Binding Site Plan Boundary Line Final Plat Preliminary Plat Preliminary Plat
Yes No N/A (Major or Minor) Adjustment (Major,Minor&Unit Lot) (Major&Unit Lot) (Minor&Unit Lot)
General Application:
Land Use Application Form&Submittal Checklists ❑ ❑ 2 1 1 2 1
Water/Sewer Availability Application' ❑ ❑ 2 2 1
Project Narrative ❑ ❑ 2 1 1 2 1
Legal Description 0 ❑ ❑ 2 1 1 2 1
Vicinity Map .0 ❑ ❑ 2 1 1 2 1
Title Report/Certificate(<30 days old) C? ❑ ❑ 2 1 1
Lot Closures ❑ ❑ i0 2 1 1
C.C.&Rs ❑ ❑ K? 2 1
Public Notice Materials' 40 ❑ ❑ 2 sets 3 sets 2 sets
Review Fee3 ❑ ❑ ❑ 2 1 1 2 1
USB Flash Drive with PDF's of Submitted Documents ❑ ❑ .0 2 1 1 2 1
Site Plans:
Subdivision or BLA P1an4(For Recording 18"x 24") 4;3 ❑ ❑ 2 1 1 2 1
Landscape P1an4 ❑ ❑ 2 2 1
Tree Survey P1an4 ❑ ❑ 2 2 1
Reduced Plan Sets(11x17)-All Above Plans ❑ ❑ ❑ 2 1 1 2 1
Environmental information:
SEPA Checklists 21 ❑ ❑ 2 2 1
Cascade Industrial Center Modified SEPA Checklist6 ❑ ❑ Q • • • • •
Critical Area/Wetland Report or Critical Areas Evaluation? ❑ ❑ ❑ 2 2 1
Archaeology/Cultural Report8 Q ❑ ❑ • • • • •
Unanticipated Discovery Plan Q ❑ ❑ 2 1 1 2 1
Page 1 of 2
11/2021
Land Division Permit-Submittal Requirements
Complete BindingSite Plan Boundar Line Final Plat PreliminaryPlat PreliminaryPlat
Submittal Requirements Submittal Item? (Major Short Adjustment (Major,Short&Unit Lot (Major&Unit Lot Short&Unit Lot
Yes No N A ) 1 1 1 ) 1
Engineering Reports/Information:
Drainage Report C' ❑ ❑ 2 2 1
Geotechnical Report 0 ❑ ❑ 2 2 1
Complete Streets Checklist ❑ ❑ 2 2 1
Traffic Impact Analysis ❑ ❑ 2 2 1
Transportation Demand Management Plan ❑ ❑ 1;? • • •
Parking Demand Management Plan ❑ ❑ ,R • • •
Snohomish County Traffic Impact Fee Offer Worksheet9 0 ❑ ❑ 2 2 1
WSDOT Traffic Impact Fee Offer Worksheetlo ,;� ❑ ❑ • • •
Grading and Clearing Plan" 0 ❑ ❑ 2 2 1
Road and Drainage Plans" 0 ❑ ❑ 2 2 1
TESCP(Erosion Control Plan) .0 ❑ ❑ 2 2 1
Topography'9(Existing Conditions) ❑ ❑ 2 2 1
Water/Sewer/Utility Plans" ❑ ❑ 2 1 1 2 1
Before Final Plat or Final Approval-
Deeds/Easements/Conveyances/Dedications ❑ ❑ ❑ 2 1
As-Built Plans" ❑ ❑ ❑ 1
Sureties/Bondslz ❑ ❑ ❑ 2 1
Electronic CAD As-Built Plans ❑ ❑ ❑ 1
Record at Snohomish County Auditor's Office ❑ ❑ ❑ 2 1 1
Conformed Recorded Copy Returned to City ❑ ❑ ❑ 2 1 1
NOTES: FOR CITY USE ONLY
1. Water/Sewer Availability shall be submitted with or prior to application submittal. ❑ This application is complete.
2. See Public Notice Materials Requirements
3. See the City of Arlington Adopted Fee Schedule. ❑
4. See Subdivision Site Plan Requirements. This application is incomplete.See items noted above.
S. See the SEPA Checklist Requirements for Categorical Exemption Thresholds.If not exempt,then required. The City of Arlington may require additional information.The applicant will be
All projects within the Cascade Industrial Center shall submit the CIC Modified SEPA Checklist.Public Notice • notified in writing if additional information is necessary.
6. Material is not required,as no Public Noticing is required with this checklist.
7. See Critical Areas Evaluation to determine the type of report required. These submittal requirements are for the City of Arlington permits only.Additional
8. An Archaeological or Cultural Report may be requested by a reviewing agency or if known area of interest. permits may be required by federal,state,regional or local agencies.It is the
9. See Snohomish County Traffic Impact Fee Offer Worksheet and required if the project is subject to SEPA. responsibility of the applicant to ascertain whether other permits are required.
10. See WSDOT Traffic Impact Fee Offer Worksheet and required if the project subject to SEPA or requested.
11. See Engineering Plan Requirements for Grading,Clearing,Road,Drainage,Topography,Utilities,and As-Builts
12. See Sureties/Bonds Requirements.
All supplemental forms,checklists or requirements can be found at Community Development Representative Date
http:I/www.arlingtonwa.gov/269/AAp121ications-Forms
Page 2 of 2
11/2021
LAND USE APPLICATION
G1'f Y
LAND DIVISION
SITE PLAN CHECKLIST
COMMUNITY & ECONOMIC DEVELOPMENT
18204 591h Avenue NE . Arlington, WA 98223. Main Line 360.403.3551
COVER SHEET
❑Title Block(centered at top of cover sheet) that includes the following:
❑ City of Arlington
❑ Name of Proposed Subdivision
❑ File No. (call for correct number)
❑ Section,Township,&Range
❑Title Block(right side of cover sheet) that includes the following:
❑ Company Name and Contact Information who Prepared the Plans
❑ Date Plans were Prepared or Revised
❑ Stamp and Signed by Land Surveyor
❑ Name of Proposed Subdivision
❑ Company Job Number
❑ Company Name of Drawing
❑ Sheet Number
❑ Site Information:
❑ Site Address (use block#if no bldg. #)
❑ Legal Description of Existing Lots(s)
❑ Legal Description of Proposed Lot(s)
❑ Legal Description of Area of Conveyance
❑ Legal Description of Any Area for Dedication
❑ Zoning Classification
❑Airport Protection District Subdistrict
❑ Use Classification (from AMC 20.40)
❑ Legal Description
❑ Tax Parcel ID Number
❑ Density&Dimensional Calculations
❑ Lot(s) Size (both in acreage and square feet)
❑ Lot Dimensions (length,width)
❑ Lot Number Labels (if applicable)
❑ Number of Lots (if applicable)
❑ Proposed Residential Density(if applicable)
❑ Building Setback(for existing,proposed, &relocated bldgs.on site)
❑ Building Height(for existing,proposed, &relocated bldgs. on site)
❑ Total Lot Coverage (impervious surface)
❑ Recreational&Open Space Calculations (if applicable)
❑Adjacent Street Names &Classifications
❑ Required Parking Space Calculations (required&proposed)
Land Division Site Plan Checklist
Page 1 of 3
Rev11/2021
❑ Required Bicycle Rack Spaces
❑ Screening Types Provided (indicate for each lot line)
❑ Utility Provider (sewer&water)
❑ Special Districts: School and Fire
❑ Critical Area Types Located On-Site and Associated Buffers (if applicable)
❑ Shoreline Classification (if applicable)
❑ FEMA Flood Zone Designation (if applicable)
❑ Endorsements
❑ Conditions, Covenants,&Restrictions of the Plat(if applicable)
❑ Sheet Index
❑ Legend
❑ Name,Address, Phone Number, Email Address of Owner,Applicant,Engineer
❑ Name,Address, Phone Number, Seal,Signature of the Registered Surveyor
SITE PLAN SHEETS
❑ Title Bar (locate along right edge of sheet) that includes the following:
❑ Company Name and Contact Information who Prepared the Plans
❑ Date Drawing were Prepared or Revised
❑ Stamp and Signed by Land Surveyor
❑ Project Name&Location
❑ Company Job Number
❑ Name,Address,&Phone Number of Applicant, Owner, Engineer, &Surveyor
❑ North Arrow, Graphic Scale (1" = 50' or greater)
❑ Legend
❑ Existing Configuration,Location,and Dimensions of each Proposed:
❑ Existing Lot Lines Within or Adjacent to the Project Site
❑ Existing Project Boundaries
❑ Existing Lots and Tracts
❑ Existing Parks and Open Space
❑ Existing Stormwater Drainage Tracts
❑ Existing Rights-of-Way(include dimensions &street name)
❑ Existing Easements (include locations&dimensions)
❑ Existing Critical Area Boundaries&Associated Buffers On-Site&Within 150ft.of Site per AMC 20.93
❑ Proposed Configuration, Location,and Dimensions of each Proposed:
❑ Proposed Lot Lines Within or Adjacent to the Project Site
❑ Proposed Project Boundaries
❑ Proposed Existing Lots and Tracts
❑ Proposed Parks and Open Space
❑ Proposed Stormwater Drainage Tracts
❑ Proposed Rights-of-Way(include dimensions &street name)
❑ Proposed Easements (include locations&dimensions)
❑ Proposed Critical Area Boundaries &Associated Buffers On-Site&Within 150ft.of Site per AMC 20.93
❑ Existing and Proposed Right-of-Way(ROW)
❑ Frontage Improvements with Dimensions
❑ Dedication of Right-of-Way with Dimensions (Labeled as"Future Right of Way Dedication)
❑ Location of Existing and Proposed Utilities
Land Division Site Plan Checklist
Page 2 of 3
Rev11/2021
❑ Water and Sewer Lines Located within the Subdivision
❑ Water and Sewer Lines Located Adjacent to the Subdivision
❑ Proposed Surface Stormwater Drainage&Treatment
❑Any Wells within the Proposed Subdivision and within 100 feet of the Proposed Subdivision
❑ On-Site Septic Systems need to be Identified
❑ Environmental Conditions- Existing and Proposed
❑Wetlands
❑ Streams
❑ Planned Enhancement Area
❑ Critical Area Boundaries &Associated Buffers On-Site and Within 150 feet of the Site per AMC 20.93
❑ Native Growth Protected Area (NGPA)
❑ Geological Critical Areas
❑ Contour Lines in 5 foot Intervals
❑Adjacent Parcels with Parcel Numbers
❑ Numbers or Letters Identified for each Lot
❑ Parking Stall and Loading Stall Locations&Dimensions
❑ Electric Vehicle Parking Space Locations &Dimensions
❑ Refuse Bin Location (including screening details)
❑ Lighting Details (building exterior,site,&parking area)
❑ Site Ingress/Egress (existing and/or proposed)
❑ Driveway and Drive Aisle Locations &Dimensions
❑ Intersection Site Triangle Dimension
❑ Parks to be Dedicated to the City
❑ Buildings On-Site that are to Remain (include existing and proposed setbacks)
❑ Documented Historic Sites (locations and designations)
LANDSCAPE PLAN SHEET
❑ Title Bar (locate along right edge of sheet) that includes the following:
❑ Date Drawing was Prepared or Revised
❑ Project Name&Location
❑ North Arrow and Graphic Scale
❑ Name,Address,&Phone Number of Applicant, Owner,&Landscape Architect
❑ Plant Schedule and Legend Showing Scientific and Common Names for Each Type of Tree, Shrub,and
Ground Cover and their Quantity, Planting Size Mature Size,and Symbol.
❑ Tree, Shrub,and Lawn Planting Details
❑ Location and Spacing of all Trees,Shrubs,and Plants (including existing trees to be preserved)
❑ Irrigation Details (if required)
❑ Parking Area Shading Calculation (see AMC 20.76.130)
❑ Dimensions and Square Footage for Each Landscape Area, Including Frontage, Lot Boundary,and Vehicle
Accommodation Area Landscaping
❑ Percentage of Total Lot Landscaping
❑ Location of Existing Significant Trees (signify which significant trees will be removed)
❑ Location of Where Replacement Trees are to be Planted (if applicable)
❑ Table including the Number of Trees and Species to be Removed
Land Division Site Plan Checklist
Page 3 of 3
Rev 11/2021
Declaration - Covenants, Conditions and Restrictions
This Binding Site Plan and any Dedications thereto is made with the free consent and in
accordance with the desires of the said owners, subject to the following Conditions, Covenants,
Restrictions and Easements and Requirements.
1. SITE DEVELOPMENT: All development and use of the land described
herein shall be in accordance with this Binding Site Plan, as it may lawfully
be amended with the approval of the City of Arlington, and in accordance
with such other governmental permits, approvals, regulations,
requirements, and restrictions that may be imposed upon the land and the
development and the use thereof. All development that occurs related to
this Binding Site Plan shall share common architectural design elements
ensuring that there is commonality between all buildings, regardless of the
time span for complete buildout of the project to occur.
2. MIXED USE OVERLAY: This Binding Site Plan must incorporate
commercial/retail/professional and certain manufacturing uses on the
lots/parcels which front roadways, and provide for residential development
at a density of, 15 DU Ac. minimum, upon the interior lots/parcels of the
property as described herein. All development shall conform to the City of
Arlington Mixed Use Development Regulations.
3. COMMON ACCESS AND PARKING AREA: Declarant, its successors,
assigns, business invitees, licensees, tenants, and their guests shall have
common access and use for ingress and egress purposes over and across
all roadways, parking areas, and walkways, both as shown on this site plan
and as constructed on the land. The owners of the land shall maintain and
keep in good repair the roadways, fire lanes, parking areas and walkways
situated on said land and shall keep such roadways, fire lanes, parking
areas and walkways free of snow, ice, rubbish and obstructions of every
nature and shall provide and maintain, as required by the City of Arlington,
any drainage facilities located on the subject property.
4. GOVERNMENT EASEMENT: Any governmental entity having jurisdiction
of the land and the improvements thereto, and any public or private entity
providing utility service thereto, shall have a non -exclusive easement for
ingress and egress over and across said land for the purposes of
inspection, maintenance, and repair of such utility services.
5. MULTI-PURPOSE MAINTENANCE: Except as otherwise provided by law,
and except to the extent maintenance is performed by a public or private
entity providing utility service, all present and future owners of the land shall
maintain and repair all roadways, parking areas, utilities and drainage
facilities and other common site features and areas.
6. BINDING EFFECT: This Binding Site Plan (and the foregoing Covenants,
Conditions, Restrictions and Easements) shall constitute covenants that run
with the land as provided by law and shall be binding upon all parties and
all persons who are or shall become the owner of, or otherwise have an
interest in the land described herein. The personal obligations of declarant
hereunder shall terminate at such time as declarant transfers its interest in
the land, provided that the then owners of the land shall continue to be
obligated hereunder as applicable.
7. All undeveloped lots, parcels and tracts shall be graded, seeded and lawns
established along with the installation of all, required, perimeter landscaping
within twelve (12) months of any development activity being finalized,
unless an active permit with the City of Arlington exists for such lot{s). All
lawn and landscaping shall be maintained on a weekly basis and a
maintenance bond or other acceptable security is in place to ensure that
ongoing maintenance is provided.
8. The owner releases, indemnifies and holds the City of Arlington harmless
from any and all claims for damages, liabilities or injunctive relief of
whatever nature arising from the design, construction, operation,
maintenance and downstream impacts caused by or attributable to the
storm water system onsite.