HomeMy WebLinkAbout03-09-26 Council Workshop PacketSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Compensation Proposal and Easement Approval for PUD Transmission Lines ATTACHMENT A
Staff Presentation: Marty Wray
Council Liaison: Rob Toyer
2. Ordinance Amending Arlington Municipal Code Chapter 20.04 ATTACHMENT B
Staff Presentation: Ameresia Lawlis
Council Liaison: Nathan Senff
3. Ordinance Amending Arlington Municipal Code Chapter 20.20 ATTACHMENT C
Staff Presentation: Ameresia Lawlis
Council Liaison: Tim Abrahamson
4.Ordinance Amending Arlington Municipal Code Chapter 20.46 ATTACHMENT D
Staff Presentation: Ameresia Lawlis
Council Liaison: Leisha Nobach
5.Change Order No. 1 for Jensen Park Project ATTACHMENT E
Staff Presentation: Jim Kelly
Council Liaison: Heather Watland
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
Arlington City Council Workshop
Monday, March 9, 2026 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
City of Arlington Council Agenda Bill
Item: WS #1 Attachment A
COUNCIL MEETING DATE: March 9, 2026
Compensation Proposal and Easement Approval for PUD Transmission Lines
Five (5) Attached Easements and one (1) Cover Letter Proposal
Airport; Marty Wray, Director EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW:
237,633 square feet of easement area belonging to the Airport. FAA grant assurances require any easement to be compensated at current market value. The location(s) are on 59th St. to the East of the Airport on the West side of the street. The FAA has conducted obstruction surveys of the locations and deemed a determination of no significance. The plan will include tree removal and compensation is considered at current market value, as well.
move to approve the proposal for easement acceptance and compensation of $1,425,798, and additional
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of SW ¼ S22 T31 R05
Tax Parcel No: 31052200300100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
other necessary or convenient appurtenances (collectively referred to herein as “Improvements”), across,
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged
it as the __________________ of the City of Arlington, a municipal corporation of the State of
Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
PARCEL LEGAL DESCRIPTION
APN 31052200300100
THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 5 EAST OF
THE WILLAMETTE MERIDIAN;
LESS THE SOUTH 50 FEET FOR COUNTY ROAD;
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE SOUTHWIND HANGAR
CONDOMINIUM RECORDED UNDER AUDITOR’S FILE NO. 200505045004, RECORDS OF
SNOHOMISH COUNTY.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit “B”
Easement Legal Description
Parcel 31052200300100
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M.;
THENCE S 0°13'59" E, 3989.72 FEET ALONG THE CENTERLINE OF SAID SECTION 22 TO THE TRUE
POINT OF BEGINNING;
THENCE N 89°46'01" E, 90.00 FEET;
THENCE N 0°13'59" W, 1327.72 FEET PARALLEL WITH THE CENTERLINE OF SAID SECTION 22 TO
THE NORTH LINE OF SOUTHWEST QUARTER OF SAID SECTION 22;
THENCE S 88°08'28" E, 30.02 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION;
THENCE S 00°13'59" E, 1,296.62 FEET PARALLEL TO THE CENTERLINE OF SAID SECTION;
THENCE S 89°46'01 "W, 60.00 FEET TO THE CENTERLINE OF SAID SECITON;
THENCE S 00°13'59" E, 30.00 FEET ALONG THE CENTERLINE OF SAID SECTION TO THE
TRUE POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 41,615 SQ FT MORE OR LESS
Page 7 of 8
Page 8 of 8
SW1/4 S22 T31 R05
10/7/2025 City of Arlington WO # 100105915
Tax Lot 31052200300100 N # 10000193089
EXHIBIT "C"
EASEMENT DEPICTION
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
Easement Area
Parcel
Boundaries
Ai
r
p
o
r
t
Bl
v
d
17
2
n
d
St
NE
59
t
h
Av
e
NE
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NW ¼ S22 T31 R05
Tax Parcel No: 00448200000100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
other necessary or convenient appurtenances (collectively referred to herein as “Improvements”), across,
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
LEGAL DESCRIPTION
FOR APN/PARCEL ID: 00448200000100
LOTS 1 THROUGH 36, FIVE ACRE TURKEY FARMS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE 57, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON;
EXCEPT THOSE PORTIONS CONVEYED TO SNOHOMISH COUNTY BY QUIT CLAIM DEED
UNDER AUDITOR’S FILE NO. 2111204.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M.;
THENCE S 0°13'59" E, 2665.29 FEET ALONG THE CENTERLINE OF SAID SECTION 22 TO THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 22;
THENCE N 88°08'28" W, 60.04 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 0°13'59" W, 1332.64 FEET PARALLEL WITH THE CENTERLINE OF SAID SECTION 22 TO
THE SOUTH LINE OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 22;
THENCE N 88°08'28"W, 30.02 FEET ALONG THE SAID SOUTH LINE;
THENCE S 0°13'59" E, 1332.64 FEET TO THE SAID SOUTH LINE OF THE NORTHWEST QUARTER;
THNCE S 88°08'28" E, 30.02 FEET TO THE TRUE POINT OF BEGINNING AND TERMINUS OF THIS
EASEMENT.
CONTAINS 39,979 SQ FT MORE OR LESS
Exhibit "B"
EASEMENT LEGAL DESCRIPTION
PARCEL 00448200000100
Page 8 of 8
NW 1/4 S22 T31 R05
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
City of Arlington
00448200000100
WO # 100105915
N # 10000193089
10/8/2025
Easement Area
Parcel
Boundaries
EXHIBIT "C"
EASEMENT DEPICTION
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NW ¼ S22 T31 R05
Tax Parcel No: 31052200200100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”) The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged
it as the __________________ of the City of Arlington, a municipal corporation of the State of
Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31052200200100
THE NORTH HALF OF THE NORTHWEST QUARTER LESS THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 31
NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN;
EXCEPT ROADS.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
EASEMENT LEGAL DESCRIPTION
EXHIBIT "B"
PARCEL 31052200200100
Page 8 of 8
NE 1/4 S22 T31 R05
City of Arlington
Tax Lot 31052200200100
WO # 100105915
N # 1000193089
10/7/2025
Not To Scale
EXHIBIT "C"
EASEMENT DEPICTION
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NE ¼ NE ¼ S22 T31 R05
Tax Parcel No: 31052200103100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
PARCEL LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31052200103100
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT ROAD
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M., ALSO THE TRUE POINT OF BEGINNING;
THENCE S 00°13'59" E ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 22, 56.36 FEET;
THENCE N 13°50'07" E, 57.57 FEET TO THE NORTH LINE OF SECTION 22;
THENCE N 88°07'48" W, 14.00 FEET ALONG THE NORTH LINE OF SAID SECTION TO THE TRUE
POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 394 SQ FT MORE OR LESS
EXHIBIT "B"
EASEMENT LEGAL DESCRIPTION
Page 8 of 8
NE 1/4 S22 T31 R05
10/7/2025 City of Arlington WO # 100105915
Tax Lot 3105220103100 N # 10000193089
EXHIBIT "C"
EASEMENT DEPICTION
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
Easement Area
Parcel
Boundaries
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of SE ¼ S15 T31 R05
Tax Parcel No: 31051500401200
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT "A"
PARCEL LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31051500401200
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETT
MERIDIAN;
EXCEPT THE EAST QUARTER OF THE SOUTHEAST QUARTER AND LESS THE FOLLOWING
DESCRIBED TRACT:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE NORTH 0°15’33” EAST ALONG THE EAST LINE THEREOF 925.48 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 0°18’33” 690 FEET;
THENCE NORTH 89°41’27” WEST 550 FEET;
THENCE SOUTH 0°18’33” WEST 127.69 FEET;
THENCE NORTH 89°41’27” WEST 100 FEET;
THENCE SOUTH 0°18’33” WEST 562.31 FEET;
THENCE SOUTH 89°41’27” EAST 650 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THE SOUTH 170 FEET OF THE NORTH 579 FEET OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER WESTERLY OF THE NORTHERN PACIFIC
RAILROAD;
LESS ROAD.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 15 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M., ALSO THE TRUE POINT OF BEGINNING;
THENCE S 88°07'48" E ALONG THE SOUTH LINE OF SAID SECTION 15, 14.00 FEET;
THENCE N 13°50'07" E, 20.44 FEET TO A POINT 20.00 FEET NORTH OF THE SOUTH LINE OF SAID
SECTION;
THENCE S 88°07'48" E PARALLEL WITH THE SOUTH LINE OF SAID SECTION 1214.06 FEET TO THE
WESTERLY RIGHT-OF-WAY OF 53Ro AVENUE NORTHEAST;
THENCE N 00°17'13" E ALONG THE WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1314.20 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE S 88°09'01" E ALONG SAID NORTH LINE, 10.00 FEET;
THENCE S 00°17'13" W PARALLEL WITH WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1334.27 FEET;
THENCE N 88°09'01" W, 10.00 FEET;
THENCE S 00°17'13" W PARALLEL WITH WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1284.18 FEET TO A POINT 50.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 15;
THENCE N 88°07'48" W PARALLEL WITH THE SOUTH LINE OF SAID SECTION 15, 1202.86 FEET TO
THE NORTH-SOUTH CENTER OF SAID SECTION;
THENCE S 00°16'12" W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 15, 50.02 FEET
TO THE TRUE POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 115,868 SQ FT MORE OR LESS
EXHIBIT "B"
EASEMENT LEGAL DESCRIPTION
PARCEL 31051500401200
Page 8 of 8
SE 1/4 S15 T31 R05
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
City of Arlington
Parcel 31051500401200
WO # 100105915
N # 10000193089
10/8/2025
Easement Area
Parcel
Boundaries
EXHIBIT "C"
EASEMENT DEPICTION
February 25, 2026
Marty D. Wray C.M. A.C.E.
Director, Arlington Municipal Airport
18204 59th Dr. NE, Suite A
Arlington, WA 98223
Mr. Wray,
Subject: Easement documents for placement of equipment on City of Arlington Property
Attached are the five easement documents for the purchase of approximately 237,633 SF of
easement area needed to support transmission and distribution lines and equipment leading to
PUD’s Crosswind Substation. Please let us know if you have any questions or concerns
regarding the documents.
The compensation to be paid is the value from the appraisal review completed by Fred
Strickland & Associates LLC, which was completed on January 30, 2026, and totals $1,425,798.
Additionally, we had been asked to supply the timber value of the trees to be removed, per our
tree appraisal completed on January 30, 2025, the value is $7,920.
Thank you and again please let me know if you have any questions, we appreciate your help
with moving this project forward and our continued partnership.
Sincerely,
Andra Flaherty
Senior Manager Transmission & Distribution Design Engineering
City of Arlington Council Agenda Bill WS #2 Attachment
COUNCIL MEETING DATE: March 9, 2026 SUBJECT: Ordinance Approving Amendment to Arlington Municipal Code (AMC) Chapter 20.04 General Provisions ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.04 Zoning Code Amendment includes updates to 20.04.014(a)(6) to provide additional information to regulating the subdivision of land for lot splits, AMC 20.0.120 to provide additional reference documents to the prescribed list and add a new section to incorporate regulations around the Designation of Historic Landmarks per Substitute House Bill 1576. HISTORY: and Economic Development Department needed to provide clarification regarding the intent for regulating subdivisions, update the list of supplemental documents to include all subarea plans and planned actions, and create a new section regarding state regulated historic designations. amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information
move to approve the ordinance amending AMC Chapter 20.04 and authorize the Mayor to sign the
ORDINANCE NO. 2026-XXX 1
ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.04
OF THE ARLINGTON MUNICIPAL CODE REGARDING GENERAL PROVISIONS
UNDER CITY PLANNING NO. PJ25-0035
WHEREAS, the city has proposed an update to the General Provisions regulations to the
City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions on February 3,
2026 and at a public hearing conducted on February 19, 2026; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the same at a workshop held on March 9, 2026, a
meeting on March 16, 2026, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.04.014 shall be hereby amended as
follows:
20.04.014 Purpose and Intent.
(a)The purpose of the Land Use Code is to minimize or preclude public nuisances by establishing
standards, procedures, and minimum requirements to achieve the following general
intentions and purposes for the City of Arlington:
(6)To regulate the subdivision of land to:
(A)Ensure that adequate drainage facilities, water, sewer and other public facilities are
provided in developing portions of the City;
(B)Promote coordinated land development; and
(C)Require uniform monumenting of land subdivisions and conveyance by accurate legal
description.
(D)Adequately provide for the housing needs;
(E)Promote the proper arrangement of streets, lots, easements, pathways and other
private or public ways including setbacks and design;
ORDINANCE NO. 2026-XXX 2
(F)Conserve and restore natural beauty and other natural resources; and,
(G)Provide for the expeditious review and approval of proposed subdivisions which
conform to zoning standards and local plans and policies.
Section 2. Arlington Municipal Code section 20.04.020 shall be hereby amended as
follows:
20.04.020 Authority.
(a)This title is adopted pursuant to the authority contained in RCW 35A.63 (Planning and Zoning
in Code Cities), RCW 35A.58 (Boundaries and Plats), RCW 36.70A (Growth Management Act),
RCW 86.16 (Flood Prevention Management), RCW Title 58 (Boundaries and Plats), and any
other appropriate state regulations.
(b)Whenever any provision of this title refers to or cites a section of the Revised Code of
Washington (RCW) or Washington Administrative Code (WAC) and that section is later
amended or superseded, the title shall be deemed amended to refer to the amended section
or the section that most nearly corresponds to the superseded section.
Section 3. Arlington Municipal Code section 20.04.120 shall be hereby amended as
follows:
20.04.120 Adoption of Supporting Administrative Guidelines and Standards.
(a)City departments may administratively adopt guidelines, standards, reference materials,
forms, or other documents that aid the public, applicant, staff, or decision-maker in
interpreting and administering this document.
(b)The titles of those documents administratively adopted per Subsection (a) shall be herein
listed to be considered adopted. This list may not be complete, since new guidelines or
standards may be adopted or existing ones amended. Guidelines and standards
administratively adopted or amended but not listed herein are equally valid as those listed;
however, each department shall make all reasonable efforts to keep this list current. These
documents are:
(1)Information Required with Applications;
(2)Public Works’ Construction Standards and Specifications;
(3)City Tree List;
(4)City Shrub List;
(5)Guide for Noise Levels;
(6)Traffic Impact Analysis Guidelines (TIAG);
(7)Development Design Standards;
(8)Olympic Avenue Design Guidelines
(9)Old Town Residential Design Standards;
(10)Complete Streets Policy;
(11)Shoreline Master Program;
(12)Cascade Industrial Center Planned Action Subarea Plans;
(13)Subarea Planned Action; and
(14)Housing Action Plan
ORDINANCE NO. 2026-XXX 3
Section 4. Arlington Municipal Code section 20.04.140 shall be hereby added as
follows:
20.04.140 Historic Landmark Designation
(a)Purpose. To preserve and enhance the environmental quality of neighborhoods, to
strengthen the City’s economic base by stimulation of the tourist industry, to establish and
improve property values; to foster economic development; and to protect landmarks of
historic importance.
(b)Applicability
(1)As designated by the National Historic Register and/or State Historic register, the
provisions of this section shall apply to the designation, preservation, rehabilitation,
restoration, reconstruction, relocation, remodel, demolition, or material change to the
exterior appearance of all Historic Landmarks, all structures, and any new development.
(c)Designation
(1)Any building or structure designated as historic on a national or state historic register shall
be required to meet the conditions set forth in this code.
(2)No property shall be designated as a historic landmark if:
(A)The property that would be designated as a historic landmark is less than 40 years old
(B)The designation would restrict the use, alteration, or demolition of the property,
unless written documentation is provided that the property to be designated is more
than 125 years old with the property owner’s consent.
Section 5. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 16th
day of March, 2026.
ORDINANCE NO. 2026-XXX 4
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Oskar Rey, City Attorney
Page 1 of 1
New or Renamed Table of Contents Code Sections:
• None.
New Language Sections:
• 20.04.014 Purpose and Intent
o Language added to the subdivision section clarifying the purpose of land division and regulating factors.
• 20.04.140 Historic Landmark Designation.
o New code section to provide basic guidelines and regulations around historic
designations that are done at the state or federal level.
Updated Language Sections:
• 20.04.120 Adoption of Supporting Administrative Guidelines and Standards
o The list was revised to remove the Cascade Industrial Center Planned Action speci�ically and add Subareas and Planned Actions generally to ensure that as more Subareas are adopted, the list still properly covers all documents.
• 20.04.040 Authority
o An update was made to a referenced state document for consistency.
Removed Language Sections:
• No complete sections were removed with this amendment.
• For AMC 20.04.014 – CED staff proposed update based on new regulations on SB 1096 for Lot Splitting.
• For AMC 20.04.120 – These are CED staff proposed updates based on recent subarea plan adoptions and reviews
• For AMC 20.04.140 – CED staff proposed updates based on new regulations on Substitute House Bill 1576 regarding Historic Designations.
AMC Chapter 20.04 – General Provisions
Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner
Washington State Legislation or Other Requirements
City of Arlington
Community & Economic Development
Planning Commission
18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov
FINDING OF FACTS
City of Arlington Planning Commission
Melissa Johnson, Chair FINDING OF FACTS 360.403.3551
REGARDING: PJ25-0035
AMC CHAPTER 20.04 General Provisions, Zoning Code Amendment
This is a city-initiated zoning code amendment that updates the General Provisions chapter.
SUMMARY:
This proposed amendment involves revisions to:
AMC 20.04.014(a)(6), Purpose and Intent. Providing additional information to regulate subdivision of
land for lot splits
AMC 20.04.120 Adoption of Supporting Administrative Guidelines and Standards. Providing additional
reference documents to the prescribed list
And adds a new section:
AMC 20.04.140, Historic Landmark Designation, which incorporates regulations per Substitute House
Bill 1576.
The Planning Commission therefore transmits the following findings and recommendations to City Council:
FINDINGS:
1. SEPA Compliance: SEPA Determination on Non-Significance (DNS) was issued on January 23, 2026.
Distribution and Public Notices were posted: on the City Public Notice Website, at City Hall, and the
Arlington Library. Emails were sent to Review Agencies and The Herald published a notice on
January 23, 2026. The comment period was January 23,2026 to February 6, 2026.
No public comments were received.
2. Public Notification/Involvement: Planning Commission Public Meeting Workshop Presentation on:
February 3, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online
and emails were distributed to those on the Planning Commission Email Distribution list.
3. Washington State Department of Commerce (RCW 36.70A.106). 60-day review notice was sent on
January 9,2026 as an Expedited Review. The deadline for the 60-day review will be March 10, 2026.
4. Planning Commission’s Public Hearing was held on February 19, 2026. Distribution and Public Notice was
done via the City Public Notice Website, the Planning Commission Agenda Online and emails sent to those
on the Planning Commission Email Distribution List. The Herald published a notice on January 23, 2026.
No public comments were received.
5. City Council Public Meeting Presentations will be done via a Workshop on March 9,2026 and a Public
Meeting on March 16,2026. Distribution and Public Notice will be posted on the City Council Agenda
Online and emails will be sent to those on the City Council Email Distribution List.
6. Comprehensive Plan Compliance: These amendments comply with the following City of Arlington
Comprehensive Plan Goals: LU-2, LU-2.1, LU-9, H-1, H-1.5, H-1.7.
7. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(a),
20.96.100(a), 20.96.110, 20.96.120(a)(c), 20.96.130, 20.96.140(1)(2).
- 2 -
CONCLUSION AND RECOMMENDATION:
Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the
City Council approve the proposed zoning codes amendment to AMC 20.04, General Provisions, PJ25-0035.
Respectfully submitted through the Departmentof Community and Economic Development to the City Council
This _____ Day of February, 2026.
__________________________________
Melissa Johnson
Arlington City PlanningCommission, Chair
Staff Report & Recommendation
AMC Chapter 20.04 Zoning Code Amendment – PJ25-0035
Page 1 of 4
PLANNING COMMISSION STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Ameresia Lawlis, Associate Planner
Meeting Date: March 9, 2026
Date Prepared: February 24, 2026
Regarding: 2026 AMC Chapter 20.04 Zoning Code Amendment – PJ25-0035
A. INTRODUCTION The AMC Chapter 20.04 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the general provisions chapter. Included with this staff report is the proposed code amendments.
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2026 AMC Chapter 20.04 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.04 Zoning Code Amendment involves revisions to sections 20.04.014(a)(6) to provide additional information to regulating the subdivision of land for lot splits, AMC 20.04.120 to provide additional reference documents to the prescribed list and add a new section to incorporate regulations around the Designation of Historic Landmarks per Substitute House Bill 1576.
Planning Division th
Staff Report & Recommendation
AMC Chapter 20.04 Zoning Code Amendment – PJ25-0035
Page 2 of 4
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 1/23/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 1/23/2026 Comment Period – 1/23/2026 to 2/6/2026 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 2/3/2026 Meeting: 2/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 1/9/2026 Deadline for 60-Day Review – 3/10/2026
Planning Commission Public Hearing 2/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 1/23/2026 City Council Public Meeting Presentations
Workshop: 3/9/2026 Meeting: 3/16/2026 City Council Agenda Online City Council Email Distribution List Agency Comments:
Comment Summary Date Received City Response
No comments received to date. Not applicable
Staff Report & Recommendation
AMC Chapter 20.04 Zoning Code Amendment – PJ25-0035
Page 3 of 4
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal or
Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. LU-9 Encourage a mix of residential densities throughout the City. H-1 Encourage a quality and diverse housing stock within the City. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility, and minimize additional costs to housing. H-1.7 Consider the economic implications of proposed building and land use regulations so the intended public benefit is achieved with limited additional cost to housing. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2026 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2026 Final Docket through Resolution 2025-009.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on January 9, 2026 for an expedited review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the February 19, 2026, Planning Commission Meeting. The public noticing is described under Section 2 above.
Staff Report & Recommendation
AMC Chapter 20.04 Zoning Code Amendment – PJ25-0035
Page 4 of 4
Regulation Meets Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions.
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends that City Council approve the 2026 AMC Chapter 20.04 Zoning Code Amendment, PJ25-0035.
City of Arlington Council Agenda Bill WS #3 Attachment
COUNCIL MEETING DATE: March 9, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.20 General Provisions ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.20 Zoning Code Amendment includes interpretations of the zoning map, creating a new section to allow for administrative interpretations to any portion of the code or state law requirement, clarification for split zoning within a lot, and removal of the Design Review Board references per Title 2 changes. HISTORY: and Economic Development Department needed to provide clarification on the appeals process, create a process for an administrative interpretation of the code to provide clarity to any potentially ambiguous or conflicting language found in the code and other minor changes.
ALTERNATIVES: Remand to staff for additional information
move to approve the ordinance amending AMC Chapter 20.20 and authorize the Mayor to sign the
ORDINANCE NO. 2026-XXX 1
ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.20
OF THE ARLINGTON MUNICIPAL CODE REGARDING APPEALS, VARIANCES, INTERPRETATIONS
UNDER CITY PLANNING NO. PJ25-0039
WHEREAS, the city has proposed an update to the Appeals, Variances, Interpretations
regulations to the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions on February 3,
2026 and at a public hearing conducted on February 19, 2026; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the same at a workshop held on March 9, 2026, a
meeting on March 16, 2026, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code Chapter 20.20 Title shall be hereby amended as
follows:
APPEALS, VARIANCES, AND INTERPRETATIONS
Section 2. Arlington Municipal Code section 20.20.010 shall be hereby amended as
follows:
20.20.010 Appeals of Community and Economic Development Director or Design Review Board
Decisions.
(a) All actions of the Community and Economic Development Director or Design Review Board
are appealable to the Hearing Examiner. Any aggrieved party of record may file an appeal.
An appeal shall be considered filed when a written notice of appeal, specifying the grounds
and arguments therefore, is delivered to the Community and Economic Development
Department and the appeal fee as set by resolution is paid. The date and time of filing shall
be entered on the notice by the Permit Assistance Center Permitting staff.
ORDINANCE NO. 2026-XXX 2
(b) Only the following parties have standing to file an appeal:
(1) The City;
(2) The applicant; and
(3) A party of record
(c) Appeals must be in writing on forms provided by the department, be accompanied by an
appeal fee as outlined in the city’s most current fee resolution and contain the following
information:
(1) Facts demonstrating that the person is adversely affected by the decision;
(2) A concise statement identifying each alleged error and the manner in which the
decision fails to satisfy the applicable decision criteria;
(3) The specific relief requested; and
(4) Any other information reasonably necessary to make a decision on the appeal.
(d) An appeal must be filed within fourteen days after the date of the decision or order appealed
from. The City shall extend the appeal period for an additional seven days if a Determination
of Nonsignificance with no prior public comment period has been issued on the project.
(e) SEPA Appeals may only be of the determination of nonsignificance or mitigated
determination of nonsignificance, or final determination during the specified timeline. See
AMC 20.98.210 for SEPA specific appeals.
(f) Whenever an appeal is filed, the Community and Economic Development Director shall
forthwith transmit to the appropriate appeal body all the papers constituting the record
relating to the action appealed from. The hearing body shall schedule and hold a closed
record appeal hearing within sixty days of the date of filing of the appeal, unless all parties to
the appeal agree in writing to extend the time period.
(g) An appeal stays all actions by the City seeking enforcement of or compliance with the order
or decision appealed from, unless the Community and Economic Development Director
certifies to the appeal body that (because of facts stated in the certificate) a stay would, in
his opinion, cause imminent peril to life or property. In that case, proceedings shall not be
stayed except by order of the appeal body or a court, issued on application of the party
seeking the stay, for due cause shown, after notice to the Community and Economic
Development Director.
(h) The appeal body may reverse or affirm (wholly or partly) or may modify the order,
requirement or decision or determination appealed from and shall make any order,
requirement, decision or determination that in its opinion ought to be made in the case
before it. To this end, the appeal body shall have all the powers of the officer from whom the
appeal is taken.
(i) An appeal decision by the City Council is considered the final decision of the City.
Section 3. Arlington Municipal Code section 20.20.020 shall be hereby amended as
follows:
20.20.020 Appeals of Hearing Examiner Decisions.
(a) Appeals from the final decision of the Hearing Examiner, or other city board or body involving
the City’s Land Use Code and for which all other appeals specifically authorized have been
timely exhausted, shall be made to Snohomish County Superior Court pursuant to the Land
ORDINANCE NO. 2026-XXX 3
Use Petition Act, Chapter 36.70C RCW, within twenty one days of the date the decision or
action became final, unless another applicable appeal process or time period is established
by state law or local ordinance.
(b) Upon motion for reconsideration, the date of the decision is the date of entry of the decision
on the reconsideration motion by the Hearing Examiner and not the original decision date
by the City.
(c) Notice of the appeal and any other pleadings required to be filed with the court shall be
served as required by law within the applicable time period. This requirement is
jurisdictional.
(d) The cost of transcribing and preparing all records ordered certified by the court or desired by
the appellant for such appeal shall be borne by the appellant. The record of the proceedings
shall be prepared by the City or such qualified person as it selects. Prior to the preparation
of any records the appellant shall post an advance fee deposit with the City Department of
Community Development an advance fee deposit in the amount specified by the City’s
planning division. Community and Economic Development Department. Any additional fees
incurred shall be paid within an agreed upon amount of time. Any overage will be promptly
returned to the appellant.
Section 4. Arlington Municipal Code section 20.20.040 shall be hereby amended as
follows:
20.20.040 Interpretation of Zoning Maps.
(a) The Community and Economic Development Director is authorized to interpret the zoning
map as well as any supplemental maps associated with Title 20 and to pass judgment upon
disputed questions of lot lines or district boundary lines and similar questions. If such
questions arise in the context of an appeal from a decision of the Community and Economic
Development Director, they shall be handled as provided in §20.20.010 (Appeals of
Community and Economic Development Director Decisions).
(b) An application for a map interpretation shall be submitted to the Community and Economic
Development Director by filing a copy of the application with the planning department. The
application shall contain sufficient information to enable the Community and Economic
Development Director to make the necessary interpretation.
(c) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of alleys, streets,
highways, streams, or railroads shall be construed to follow such centerlines.
(2) Boundaries indicated as approximately following lot lines, city limits or extraterritorial
boundary lines shall be construed as following such lines, limits or boundaries.
(3) Boundaries indicated as following shorelines shall be construed to follow the mean high-
water mark of such shorelines, and in the event of change in the shoreline shall be
construed as following the mean high-water mark of such shorelines.
(4) Where a district boundary divides a lot or where distances are not specifically indicated
on the Official Zoning Map, the boundary shall be determined by measurement, using the
ORDINANCE NO. 2026-XXX 4
scale of the Official Zoning Map. Each portion of a property split zoned shall be governed
§ 20.36.105 (Lots Divided by District Lines).
(5) Where any street or alley is hereafter officially vacated or abandoned, the regulations
applicable to each parcel of abutting property shall apply to that portion of such street or
alley added thereto by virtue of such vacation or abandonment.
(d) Whenever a single lot is located within two or more different zoning districts, the Director
shall provide a written interpretation regarding the rules and intent for the subject property.
(e) Interpretations of the location of floodway and floodplain boundary lines may be made by
the Community and Economic Development Director as provided in §20.64..110(Location of
Boundaries of Floodplain and Floodway Districts).
Section 5. Arlington Municipal Code section 20.20.050 shall be and hereby added as
follows:
20.20.050 Administrative Interpretation.
(a) This section establishes the procedure and criteria the Community and Economic
Development Director will use in deciding upon a written request to interpret the provisions
of the Title 20 and in issuing any other written interpretation of Title 20.
(b) Purpose. An interpretation of the provisions of Title 20 clarifies conflicting or ambiguous
wording, or the scope or intent of the provisions of the Code. An interpretation of the
provisions of Title 20 may not be used alone to amend the Code and must be based on one
of the following:
(1) An application for a Code interpretation must relate to a specific site, to a specific land
use permit application, or to interrelated land use permit applications for a single project
within the City; or
(2) The Community and Economic Development Director deems an interpretation of the
Code is necessary related to a specific site or code section.
(c) Application Requirements. Any person may submit a written request for a
code interpretation to the Community and Economic Development Director, or the Director
may issue a code interpretation on the Director’s own initiative. A filing fee may be required
for each request for an interpretation. At a minimum, a request for a code interpretation shall
include:
(1) The provision of this title for which an interpretation is requested;
(2) Why an interpretation of the provision is necessary; and
(3) Any reason or material in support of a proposed interpretation.
(d) Interpretation Procedure.
(1) A Code Interpretation request may be processed pursuant to 20.16.220, which shall
include notice to the project proponent or property owner; or
(2) Consolidated with the process associated with the review of the application. An appeal of
a Code interpretation shall be consolidated with the appeal of the decision on the
underlying application.
(3) A Code Interpretation may be initiated by the Community and Economic Development
Director outside the application process but shall follow the same process for review and
issuance.
ORDINANCE NO. 2026-XXX 5
(4) The Community and Economic Development Director is authorized to interpret the
content of Title 20. The Public Works Director is authorized to interpret specific sections
of this title related to transportation facilities and utilities.
(5) The Director shall provide an interpretation to any person filing a request for a code
interpretation.
(6) Written interpretations may be appealed to the Hearing Examiner.
(e) Timing. An administrative interpretation request must be submitted prior to the date of
expiration of any applicable administrative appeal period for a land use decision on the
application to which the request relates. An administrative interpretation requested after the
applicable appeal period may not affect an issued permit or decision.
(f) Factors for consideration. In making an interpretation of the provisions of Title 20,
the Director shall consider all of the following:
(1) The applicable provisions of Title 20, including their purpose and context;
(2) The impact of the interpretation on other provisions of Title 20;
(3) The implications of the interpretation for development within the City as a whole; and
(4) The applicable provisions of the Comprehensive Plan and other relevant codes
(g) An interpretation of the code issued under this section has the same effect as any provision
of Title 20.
(h) An administrative interpretation of the code remains in effect until rescinded in writing by
the director or this title is amended to implement or override the interpretation.
(i) All administrative interpretations must be posted on the city’s website.
Section 6. Arlington Municipal Code section 20.20.060 shall be and hereby amended as
follows:
20.20.050060 Requests to be Heard Expeditiously.
As provided in §20.20.070 Community and Economic Development Director, and Hearing
Examiner or City Council Action on Appeals and Variances), all appeals and variance requests shall
be heard and decided as expeditiously as possible, consistent with the need to follow regularly
established agenda procedures, provide notice in accordance with §20.24 (Hearing and Pre-
Hearing Procedures for Appeals and Applications), and obtain the necessary information to make
sound decisions.
Section 7. Arlington Municipal Code section 20.20.054 shall be and hereby amended as
follows:
20.20.054065 Decisions of the Community and Economic Development Director, Hearing
Examiner, Design Review Board, Planning Commission, or City Council.
(a) Any final decision of a permit-issuing authority or appeal body shall be in writing and shall
include findings and conclusions, based on the record, to support the decision. Such findings
and conclusions shall also set forth the manner in which the decision would carry out and
conform to the Comprehensive Plan and development regulations. Each final decision, unless
the applicant and the decision-making authority mutually agree to a longer period in writing,
shall be rendered within fifteen days following conclusion of all testimony and hearings.
ORDINANCE NO. 2026-XXX 6
(b) The Community and Economic Development Director shall issue decisions of the Community
and Economic Development Director, Design Review Board, or City Council based on the
record. The Hearing Examiner shall issue his decisions by providing a signed copy to the
Community and Economic Development Director, who shall then issue a Notice of Decision
as per §20.16.275 (Notice of Final Decision).
Section 8. Arlington Municipal Code section 20.20.060 shall be and hereby
amended as follows:
20.20.060070 Burden of Proof in Appeals and Variances.
(a) When an appeal is taken to the Hearing Examiner in accordance with §20.20.010 (Appeals of
Community and Economic Development Director or Design Review Board Decisions), the
appellant shall have the burden of presenting to the Hearing Examiner sufficient evidence
and argument to demonstrate the appellant is entitled to relief. The hearing examiner shall
have the right to control the presentation of evidence and witnesses, including who may
present testimony or argument in an appeal hearing.
(b) The burden of presenting evidence sufficient to allow the decision-making authority to reach
the conclusions set forth in §20.20.030(c) (Variances), as well as the burden of persuasion on
those issues, remains with the applicant seeking the variance.
Section 9. Arlington Municipal Code section 20.20.070 shall be and hereby amended
as follows:
20.20.070075 Community and Economic Development Director, and Hearing Examiner or City
Council Action on Appeals and Variances.
(a) With respect to appeals, a motion to reverse, affirm, or modify the order, requirement,
decision, or determination appealed from shall include, insofar as practicable, a statement of
the specific reasons or findings of facts that support the motion. If a motion to reverse or
modify is not made, then a finding to uphold the decision appealed from shall be in order.
(b) Before granting a variance, the permit-issuing authority must make a separate finding on each
of the three required findings stated in §20.20.030(c). Insofar as practicable, an affirmative
finding on each of the requirements set forth in §20.20.030(c) shall include a statement of
the specific reasons or findings of fact supporting such motion.
(c) A variance may be denied on the basis that any one or more of the three criteria set forth in
§20.20.030(c) are not satisfied or that the application is incomplete. Insofar as practicable, a
denial shall include a statement of the specific reasons or findings of fact that support it.
Section 10. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
ORDINANCE NO. 2026-XXX 7
Section 11. Effective Date. The title of this ordinance, which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be in
full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 16th
day of March, 2026.
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Oskar Rey, City Attorney
Page 1 of 1
New or Renamed Table of Contents Code Sections:
• Addition of a code section (Administrative Interpretation) and renumbering of the other sections.
New Language Sections:
• 20.20.010 Appeals of Community and Economic Development Director Decision
o Language added to clarify the appeals process and requirements.
• 20.20.050 Administrative Interpretation
o Created a process for an administrative interpretation of the code to provide clarity to any potentially ambiguous or con�licting language found in the code and be the starting list of code amendments for the following year.
Updated Language Sections:
• 20.20 Title
o Updated title to include the word “and”
• 20.20.020 Appeals of Hearing Examiner Decisions
o Provide more concise language regarding payment for appeals.
• 20.20.040 Interpretation of Zoning Maps
o Clarify that this section is regarding Zoning Maps and provide direction for how to determine zoning of a lot that is split by two zones.
Removed Language Sections:
• No complete sections were removed with this amendment.
• These are CED staff proposed updates based on recent project reviews and necessary outdated code information.
AMC Chapter 20.20 – Appeals, Variances and Interpretations
Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner
Washington State Legislation or Other Requirements
City of Arlington
Community & Economic Development
Planning Commission
18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov
FINDING OF FACTS
City of Arlington Planning Commission
Melissa Johnson, Chair FINDING OF FACTS 360.403.3551
REGARDING: PJ25-0039
AMC CHAPTER 20.20 Appeals, Variances and Interpretations, Zoning Code Amendment
This is a city-initiated zoning code amendment that updates multiple sections. Adds a new section.
Clarifies split zoning within a lot and allows for administrative interpretations to any portion of the
code or state law requirements.
SUMMARY:
This proposed amendment involves revisions to:
AMC 20.20.010, Appeals of Community and Economic Development Director Decisions
AMC 20.20.020, Appeals of Hearing Examiner Decisions
AMC 20.20.040, Interpretations of Zoning Maps
AMC 20.20.065, Decisions of the Community and Economic Development Director, Hearing Examiner,
Planning Commission or City Council
AMC 20.20.070, Burden of Proof in Appeals and Variances
New section added:
AMC 20.20.050, Administrative Interpretation
Renumbering of sections:
AMC 20.20.050 renumbered as 20.20.060
AMC 20.20.054 renumbered as 20.20.065
AMC 20.20.060 renumbered as 20.20.070
AMC 20.20.070 renumbered as 20.20.075
The Planning Commission therefore transmits the following findings and recommendations to City Council:
FINDINGS:
1. SEPA Compliance: SEPA Determination on Non-Significance (DNS) was issued on January 23, 2026.
Distribution and Public Notices were posted: on the City Public Notice Website, at City Hall, and the
Arlington Library. Emails were sent to Review Agencies and The Herald published a notice on
January 23, 2026. The comment period was January 23,2026 to February 6, 2026.
No public comments were received.
2. Public Notification/Involvement: Planning Commission Public Meeting Workshop Presentation on:
February 3, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online
and emails were distributed to those on the Planning Commission Email Distribution list.
3. Washington State Department of Commerce (RCW 36.70A.106). 60-day review notice was sent on
January 9,2026 as an Expedited Review. The deadline for the 60-day review will be March 10, 2026.
4. Planning Commission’s Public Hearing was held on February 19, 2026. Distribution and Public Notice was
done via the City Public Notice Website, the Planning Commission Agenda Online and emails sent to those
on the Planning Commission Email Distribution List. The Herald published a notice on January 23, 2026.
No public comments were received.
- 2 -
5. City Council Public Meeting Presentations will be done via a Workshop on March 9,2026 and a Public
Meeting on March 16,2026. Distribution and Public Notice will be posted on the City Council Agenda
Online and emails will be sent to those on the City Council Email Distribution List.
6. Comprehensive Plan Compliance: These amendments comply with the following City of Arlington
Comprehensive Plan Goals: LU-2, LU-2.1, LU-9.2, H-1.5, H-1.7, ED-6.5.
7. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(a),
20.96.100(a), 20.96.110, 20.96.120(a)(c), 20.96.130, 20.96.140(1)(2).
CONCLUSION AND RECOMMENDATION:
Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the
City Council approve the proposed zoning codes amendment to AMC 20.20, Appeals, Variances and
Interpretations, PJ25-0039.
Respectfully submitted through the Departmentof Community and Economic Development to the City Council
This ____ Day of February, 2026
__________________________________
Melissa Johnson
Arlington City PlanningCommission, Chair
Staff Report & Recommendation
AMC Chapter 20.20 Zoning Code Amendment – PJ25-0039
Page 1 of 4
Community and Economic Development Planning Division th
PLANNING COMMISSION STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Ameresia Lawlis, Associate Planner
Meeting Date: March 9, 2026
Date Prepared: February 24, 2026
Regarding: 2026 AMC Chapter 20.20 Zoning Code Amendment – PJ25-0039
A. INTRODUCTION The AMC Chapter 20.20 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the Appeals, Variances, Interpretations chapter. Included with this staff report is the proposed code amendments (Attachment A).
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2026 AMC Chapter 20.20 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.20 Zoning Code Amendment is proposing to clarify administrative interpretations of the zoning map, create a new section to allow for administrative interpretations to any portion of the code or state law requirement, clarification for split zoning within a lot, and removal of the Design Review Board references per Title 2 changes.
Staff Report & Recommendation
AMC Chapter 20.20 Zoning Code Amendment – PJ25-0039
Page 2 of 4
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 1/23/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 1/23/2026 Comment Period – 1/23/2026 to 2/6/2026 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 2/3/2026 Meeting: 2/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 1/9/2026 Deadline for 60-Day Review – 3/10/2026
Planning Commission Public Hearing 2/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 1/23/2026 City Council Public Meeting Presentations
Workshop: 3/9/2026 Meeting: 3/16/2026 City Council Agenda Online City Council Email Distribution List Washington State Department of Commerce:
Comment Summary Date Received City Response
No comments received to date. Not applicable
Staff Report & Recommendation
AMC Chapter 20.20 Zoning Code Amendment – PJ25-0039
Page 3 of 4
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal or
Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. LU-9.2 Develop design standards and land use regulations to ensure compatibility of residential densities and surrounding no-residential use. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility, and minimize additional costs to housing. H-1.7 Consider the economic implications of proposed building and land use regulations so the intended public benefit is achieved with limited additional cost to housing. ED-6.5 Support the expeditious processing of development applications. Continue requiring development activities to meet all applicable environmental protection and use and other applicable provisions and standards. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2026 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2026 Final Docket through Resolution 2025-009.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on January 9, 2026 for an expedited review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
public hearing at the February 19, 2026 Planning Commission Meeting. The public noticing is described under Section 2 above.
Staff Report & Recommendation
AMC Chapter 20.20 Zoning Code Amendment – PJ25-0039
Page 4 of 4
Regulation Meets 20.96.130 Planning Commission Review of Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions.
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends that City Council approve the 2026 AMC Chapter 20.20 Zoning Code Amendment, PJ25-0039.
City of Arlington Council Agenda Bill WS #4 Attachment
COUNCIL MEETING DATE: March 9, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.46 General Provisions ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.46 Zoning Code Amendment includes updates to sections of this Chapter regarding the design review general development standards, standards adopted, conformance with design standards, design review requirements and restrictions, design review process, administrative design review, design review board recommendation, and design review approval requirements in compliance with Engrossed Senate Bill 5559 36.70A.681. HISTORY: and Economic Development Department needed to update language regarding Design Review Board, update current supplemental documents, and remove documents. The proposed zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information
move to approve the ordinance amending AMC Chapter 20.46 and authorize the Mayor to sign the
ORDINANCE NO. 2026-XXX 1
ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.46
OF THE ARLINGTON MUNICIPAL CODE REGARDING DESIGN
UNDER CITY PLANNING NO. PJ25-0044
WHEREAS, the city has proposed an update to the Design regulations to the City zoning
code; and
WHEREAS, the Arlington Planning Commission considered the revisions on February 3,
2026 and at a public hearing conducted on February 19, 2026; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the same at a workshop held on March 9, 2026, a
meeting on March 16, 2026, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.46.010 shall be and hereby amended as
follows:
20.46.010 Conformance with Design Standards.
(a) Structures within the following subsection (1) are subject to the relevant design standards
adopted in this chapter and the Development Design Standards; within subsection (2) are subject
to the relevant design standards adopted in this chapter, the Development Design Standards,
and the Olympic Avenue Design Guidelines; within subsection (3) are subject to the relevant
design standards adopted in this chapter and the Old Town Residential Design Standards, and
within subsection (4) are subject to the Mixed-Use Development Regulations and additional
design requirements. In addition to requirements listed within this Chapter, all structures located
within the City of Arlington shall conform with Design Standards and Guidelines as listed below.
No building or land use permit shall be issued for structures or uses that do not conform to the
applicable guidelines or standards except as allowed under Subsection (b).
ORDINANCE NO. 2026-XXX 2
(a) All zones shall comply with the Development Design Standards as follows, or amended:
(1) Street Character and Liveliness
(2) Pedestrian Environment
(3) Landscape Design
(4) Transition Between Occupied Spaces and Streets
(5) Neighborhood Character
(6) Adjacent Properties
(7) Siting
(8) Transit Facilitation
(9) Architectural Character
(10) Character and Massing
(11) Architectural Elements
(12) Exterior Finish Materials
(13) Parking Garages
(14) Mixed-Use Buildings
(15) Old Town Business District Design Standards
(b) Old Town Business District 1 & Old Town Business District 2 (from 5th Street to Division):
(1) Shall adhere to the Olympic Avenue Design Guidelines
(2) For any design items not addressed under the Olympic Avenue Design Guidelines, the
Development Design Standards shall be followed
(c) Old Town Residential District
(1) Old Town Residential Design Standards
(2) For any design items not addressed under the Old Town Residential Design Standards,
the Development Design Standards shall be followed
(d) Commercial Corridor and Mixed-Use Overlay
(1) Mixed-Use Development Regulations
(2) For any design items not addressed under the Mixed-Use Development Regultions,
the Development Design Standards shall be followed
(1) Zones
(A) Old Town Business District 2 (Except 5th Street to Division)
(B) Old Town Business District 3
(C) Neighborhood Commercial
(D) General Commercial
(E) Highway Commercial
(F) Business Park
(G) Light Industrial
(H) General Industrial (those sides of buildings fronting on and noticeably visible from
public streets only)
(I) Residential High Capacity
(J) Residential Medium Capacity
(K) Residential Moderate Capacity
(L) Residential Low Capacity
(M) Residential Ultra Low Capacity
ORDINANCE NO. 2026-XXX 3
(N) Medical Services
(O) Aviation Flightline
(P) Public / Semi-Public
(2) Zones
(A) Old Town Business District 1
(B) Old Town Business District 2 (5th Street to Division Street)
(3) Zones
(A) Old Town Residential District
(4) Zones
(A) Commercial Corridor
(B) Mixed Use Overlay
(e) A building or land use permit may be issued for a structure or use that does not comply with
subsection (a) if any one of the following findings can be made by the decision-making
authority:
(1) The structure is of a temporary nature that, in all likelihood, will be replaced by a
permanent structure within two years.
(2) The structure is minor to the overall use of the property and will not be noticeably visible
from a public right-of-way.
(3) The development or structure is within an area of the city where design requirements
have been established through an adopted Subarea Plan and complies with the subarea
criteria and follows the appropriate design review process of this chapter.
Section 2. Arlington Municipal Code section 20.46.015 shall be hereby amended as
follows:
20.46.015 Design Review Requirements and Restrictions.
(a) For purposes of this section, “design review” means a formally adopted local government
process by which projects are reviewed for compliance with design standards for the type
of use adopted through local ordinance.
(1) The City of Arlington has designated the Planning Commission through ordinance as the
Design Review Board.
(b) Except as provided in subsection (c) of this section, counties and cities planning under RCW
36.70A.040 may apply in any design review process only clear and objective development
regulations governing the exterior design of new development. For purposes of this section,
a clear and objective development regulation:
(1) Must include one or more ascertainable guidelines, standard, or criterion by which an
applicant can determine whether a given building design is permissible under that
development regulation; and
(2) May not result in a reduction in density, height, bulk, or scale below the generally
applicable development regulations for a development proposal in the applicable zone.
ORDINANCE NO. 2026-XXX 4
(c) The provisions of subsection (b) of this section do not apply to development regulations
that apply only to designated landmarks or historic districts established under a local
preservation ordinance.
(d) Any design review process must be conducted concurrently, or otherwise logically
integrated, with the consolidated review and decision process for project permits set forth
in RCW 36.70B.120(3), and no design review process may include more than one public
meeting.
Section 3. Arlington Municipal Code section 20.46.020 shall be and hereby amended as
follows:
20.46.020 Design Review Process.
Review of permit applications for conformance with the development design standards shall be
as follows:
(a) For an Administrative Design Review decision, the Community and Economic
Development Director and/or his or her designee shall review exterior modifications.
Exterior Modifications include changes to existing structures, landscaping, site design,
minor new structures, or signs and issue a Design Review decision.
(b) For a Design Review Board recommendation, the review shall be performed by the design
review board in a public meeting (not a public hearing). The design review board
recommendation shall be forwarded to the permit-issuing authority for its consideration
with the permit application.
(b) Any modifications or revisions to an approved design review decision is subject to a new
application submittal and shall go back through either the administrative design review
process or the design review board process as described in (a) and (b) above.
(c) Appeals shall be pursuant to AMC Chapter 20.20 (Appeals, Variances, Interpretations).
(d) Fees for design review shall be as set by resolution.
Section 4. Arlington Municipal Code section 20.46.025 shall be hereby repealed:
20.46.025 Design Review Administrative Approval
(a) The following developments or projects that are 12 units or less, mixed-use
developments (following the mixed-use development regulations), or are commercial /
industrial change of uses are subject to administrative design review:
(1) Single Family Residences
(2) Duplexes
(3) Multi-Family
(4) Mixed-Use Developments following the Mixed-Use Development Regulations
(5) Commercial or Industrial Change of Use without exterior modifications to the
building.
ORDINANCE NO. 2026-XXX 5
Section 5. Arlington Municipal Code section 20.46.030 shall be and hereby repealed:
20.46.030 Design Review Board Recommendation.
(a) The following developments or projects that are over 12 units or more, new mixed-use
developments (not part of the mixed-use development regulations), new commercial, or
new industrial structures are subject to design review board:
(1) Single Family Residences
(2) Duplexes
(3) Multi-Family
(4) Mixed-Use not part of the Mixed-Use Development Regulations
(5) Commercial
(6) Industrial
Section 6. Arlington Municipal Code section 20.46.035 shall be hereby amended as
follows:
20.46.035 Design Review Approval Requirements
(a) In order to approve a project as consistent with the development design standards, the
design review authority must make the following findings:
(1) The proposal complies with the applicable design requirements and standards of the
applicable design standards, regulations, or guidelines through findings made for each
requirement.
(2) If the proposal is for minor exterior modifications only, that the proposal demonstrates
that the proposed improvements are consistent with the design requirements and
standards.
(b) The city shall issue a final decision on an administrative design review or design review board
permit within 65 days of the determination of complete application.
Section 7. Arlington Municipal Code section II shall be and hereby repealed:
Section II. Old Town Residential and Old Town Business Districts Design Standards
20.46.110 Purpose and Intent.
Old Town is a unique district in Arlington, representing, as the name implies, the old part of town.
It is laid out in a street-and-alley grid pattern, with garages and utilities predominately on the
alleys. There is a predominance of older homes built in historic architectural styles, and most
have front porches. Lots are small, though many of the older homes are built on parcels consisting
of two or three lots, some of which are now nonconforming in terms of size or setbacks. Back at
the turn of the 20th century this was common practice.
However, with the increase in value of these lots, many property owners are selling them to
builders who are building new homes that do not fit the unique historic character of Old Town.
Many have caused problems with existing residents because of privacy, setback, and scale issues.
At the same time, infill development is one of the strategies adopted through the city's
comprehensive plan to meet our growth targets, but not its only strategy, and certainly not at
ORDINANCE NO. 2026-XXX 6
the expense of substantially changing the character of the Old Town Business and Residential
Districts.
Thus, the intent of this part is to:
(1) Preserve the historic development pattern found in Old Town.
(2) Protect property owners’ ability to sell their excess lots
(3) Protect existing properties’ value by encouraging compatible development.
(4) Implement a design code for Old Town that permits infill development in a manner
that is acceptable to the community while retaining the elements that provide for
the traditional residential and “Main Street” style of growth.
(5) Recognizing the mix of architectural styles that have been built over the
neighborhood’s one hundred plus years, it is the city’s intent to promote the
specific architectural styles and development patterns that are historically
prevalent and characteristic of the Old Town District.
20.46.114 Old Town Residential District.
(a) All residential construction in the Old Town Residential District shall comply with the
Development Design Standards and the Old Town Residential Design Standards. This
includes new construction, remodels, and additions; except, that if a house is damaged,
the homeowner may rebuild the structure exactly as it was.
(b) The Development Design Standards and the Old Town Residential Design Standards are
reference documents that are available in the Community and Economic Development
and are located on the city website. Copies of the documents may be requested.
(c) Design review for compliance of this section shall be performed by the Community and
Economic Development (CED) Director or his or her designee through the permitting
process. The Director shall have the authority to render interpretations of this code and
to adopt policies and procedures in order to clarify the application of its provisions.
20.46.120 Old Town Business Districts (1, 2, and 3)
(a) This part shall apply to all construction, including new construction, remodels, and
additions in the Old Town Business Districts; except, that if a building is damaged, the
owner may rebuild the structure exactly as it was.
(b) All construction shall comply with the Development Design Standards and the Olympic
Avenue Design Guidelines.
(c) In each of the Old Town Business Districts, and subject to subsection (b), all structures
shall be located adjacent to or as nearly adjacent as feasible to the sidewalk(s) falling
within adjacent public right(s)-of-way. Where a structure is recessed from the public
sidewalk, a private extension of the sidewalk shall be installed so as to widen the sidewalk
up to the building front.
(d) Wherever feasible, buildings built in the Old Town Business Districts per this section shall
be adjoining or appearing so, so as to create a continuous façade along a street.
ORDINANCE NO. 2026-XXX 7
(e) Structures along the Centennial Trail should be designed to work with the trail, even to
the extent of having an entrance to the building, but at minimum presenting a well-
designed façade on the trail side.
(f) Any new construction or modifications to existing structures in the Old Town Business
Districts 1, 2 and 3 shall comply with the Arlington Development Design Standards and
also refer to and utilize the Olympic Avenue Design Guidelines, to the maximum extent
possible, in their design and modification efforts
Section 8. Arlington Municipal Code section III shall be hereby repealed:
Section III. Commercial Corridor and Mixed-Use Overlay.
20.46.200 Conformance with Mixed-Use Development Regulations.
(a) All buildings and/or structures located in the Commercial Corridor or Mixed-Use Overlay
zones shall comply with the Mixed-Use Development Regulations of Chapter 20.110.
For any design items not addressed under the Mixed-Use Development Regulations, the
Development Design Standards shall be followed
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 5. Effective Date. The title of this ordinance, which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be in
full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 16th
day of March, 2026.
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Oskar E. Rey, City Attorney
Page 1 of 1
New or Renamed Table of Contents Code Sections:
• Removal of 20.46.025, 20.46.030 and Sections II/III
New Language Sections:
• No new sections proposed.
Updated Language Sections:
• 20.46.010 Conformance with Design Standards
o This section was rewritten to state the same thing but is intended to be easier to interpret.
• 20.46.020 Design Review Process
o All design review board language was removed cleaned up language for all design review decisions to be administrative.
Removed Language Sections:
• 20.46.015 Design Review Requirements and Restrictions
o Removed language regarding the Design Review Board.
• 20.46.025 Design Review Administrative Approval – Removed
o All design review will be administrative so there is no need to list out the types of construction anymore
• 20.46.030 Design Review Board Recommendation
o There is no longer a design review board to review projects, so this section was removed
• Section II Old Town Residential and Old Town Business District Design Standards
o These standards are now located within the adopted supplemental Design Standards documents and no longer necessary within this code section.
• Section III Commercial Corridor and Mixed-Use Overlay
o This language was simpli�ied and put into 20.46.010 Conformance with Design Standards section.
• Engrossed Senate Bill 5559 and the Revised Code of Washington under RCW 36.70A.630, RCW 36.70A.635, RCW 36.70A.030, and RCW 36.70A.681 provide regulations regarding design review and the design review board.
AMC Chapter 20.46 – Design
Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner
Washington State Legislation or Other Requirements
City of Arlington
Community & Economic Development
Planning Commission
18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov
FINDING OF FACTS
City of Arlington Planning Commission
Melissa Johnson, Chair FINDING OF FACTS 360.403.3551
REGARDING: PJ25-0044
AMC CHAPTER 20.46 Design Code, Zoning Code Amendment
This is a city-initiated zoning code amendment that updates and removes multiple sections. Revisions
are required to be in compliance with Engrossed Senate Bill 5559 and the following; RCW 36.70A.630,
RCW 36.70A.635. RCW 36.70A.030 and RCW 36.70A.681.
SUMMARY:
This proposed amendment involves revisions to:
AMC 20.46.010, Conformance with Design Standards, revised and updated
AMC 20.46.015, Design Review Requirements and Restrictions. Removal of reference to Planning
Commission and Design Review Board
AMC 20.46.020, Design Review Process, revised and updated
AMC 20.46.035, Design Review Approval Requirements, removed reference to design review board
Codes removed:
AMC 20.46.025, Design Review Administrative Approval
AMC 20.46.030, Design Review Board Recommendation
AMC 20.46.110, Purpose and Intent (Section II Old Town Residential and Old Town Business Districts
Design Standards)
AMC 20.46.200, Conformance with Mixed Use Development Regulations
The Planning Commission therefore transmits the following findings and recommendations to City Council:
FINDINGS:
1. SEPA Compliance: SEPA Determination on Non-Significance (DNS) was issued on January 23, 2026.
Distribution and Public Notices were posted: on the City Public Notice Website, at City Hall, and the
Arlington Library. Emails were sent to Review Agencies and The Herald published a notice on
January 23, 2026. The comment period was January 23,2026 to February 6, 2026.
No public comments were received.
2. Public Notification/Involvement: Planning Commission Public Meeting Workshop Presentation on:
February 3, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online
and emails were distributed to those on the Planning Commission Email Distribution list.
3. Washington State Department of Commerce (RCW 36.70A.106). 60-day review notice was sent on
January 9,2026 as an Expedited Review. The deadline for the 60-day review will be March 10, 2026.
4. Planning Commission’s Public Hearing was held on February 19, 2026. Distribution and Public Notice was
done via the City Public Notice Website, the Planning Commission Agenda Online and emails sent to those
on the Planning Commission Email Distribution List. The Herald published a notice on January 23, 2026.
No public comments were received.
5. City Council Public Meeting Presentations will be done via a Workshop on March 9,2026 and a Public
Meeting on March 16,2026. Distribution and Public Notice will be posted on the City Council Agenda
Online and emails will be sent to those on the City Council Email Distribution List.
- 2 -
6. Comprehensive Plan Compliance: These amendments comply with the following City of Arlington
Comprehensive Plan Goals: LU-2, LU-2.1, LU-9.2, H-1.5, H-1.7, ED-6.5.
7. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(a),
20.96.100(a), 20.96.110, 20.96.120(a)(c), 20.96.130, 20.96.140(1)(2).
CONCLUSION AND RECOMMENDATION:
Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the
City Council approve the proposed zoning codes amendment to AMC 20.46, Design, PJ25-0044.
Respectfully submitted through the Departmentof Community and Economic Development to the City Council
This ____ Day of February, 2026.
__________________________________
Melissa Johnson
Arlington City PlanningCommission, Chair
Staff Report & Recommendation
AMC Chapter 20.46 Zoning Code Amendment – PJ25-0044
Page 1 of 4
Community and Economic Development Planning Division th
PLANNING COMMISSION STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Ameresia Lawlis, Associate Planner
Meeting Date: March 9, 2026
Date Prepared: February 24, 2026
Regarding: 2026 AMC Chapter 20.46 Zoning Code Amendment – PJ25-0044
A. INTRODUCTION The AMC Chapter 20.46 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the design chapter. Included with this staff report is the proposed code amendments.
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2026 AMC Chapter 20.46 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.46 Zoning Code Amendment is proposing updates to sections of this Chapter regarding the design review general development standards, standards adopted, conformance with design standards, design review requirements and restrictions, design review process, administrative design review, design review board recommendation, and design review approval requirements in compliance with Engrossed Senate Bill 5559 and the Revised Code of Washington under RCW 36.70A.630, RCW 36.70A.635, RCW 36.70A.030, and RCW 36.70A.681.
Staff Report & Recommendation
AMC Chapter 20.46 Zoning Code Amendment – PJ25-0044
Page 2 of 4
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 1/23/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 1/23/2026 Comment Period – 1/23/2026 to 2/6/2026 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 2/3/2026 Meeting: 2/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 1/9/2026 Deadline for 60-Day Review – 3/10/2026
Planning Commission Public Hearing 2/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 1/23/2026 City Council Public Meeting Presentations
Workshop: 3/9/2026 Meeting: 3/16/2026 City Council Agenda Online City Council Email Distribution List Washington State Department of Commerce:
Comment Summary Date Received City Response
No comments received to date. Not applicable
Staff Report & Recommendation
AMC Chapter 20.46 Zoning Code Amendment – PJ25-0044
Page 3 of 4
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal or
Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. LU-9.2 Develop design standards and land use regulations to ensure compatibility of residential densities and surrounding no-residential use. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility, and minimize additional costs to housing. H-1.7 Consider the economic implications of proposed building and land use regulations so the intended public benefit is achieved with limited additional cost to housing. ED-6.5 Support the expeditious processing of development applications. Continue requiring development activities to meet all applicable environmental protection and use and other applicable provisions and standards. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2026 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2026 Final Docket through Resolution 2025-009.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on January 9, 2026 for an expedited review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the February 19, 2026 Planning Commission Meeting. The public noticing is described under Section 2 above.
Staff Report & Recommendation
AMC Chapter 20.46 Zoning Code Amendment – PJ25-0044
Page 4 of 4
Regulation Meets Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions.
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends that City Council approve the 2026 AMC Chapter 20.46 Zoning Code Amendment, PJ25-0044.
City of Arlington Council Agenda Bill WS #5 Attachment
March 9, 2026 Jensen Park Project, Change Order No. 1
Jensen Park Project Change Order 1
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $ 35,240.33 BUDGET CATEGORY: Park Improvement Fund BUDGETED AMOUNT: $560,000.00 (2025) LEGAL REVIEW: DESCRIPTION: Change Order #1 to the Jensen Park Project, miscellaneous site and utility changes. HISTORY: The City bid the Jensen Park Project in July 2025, and the contract was awarded to Reece Construction, Inc. During construction, various unanticipated changes were needed and approved via Change Order Proposals (COP) to keep the project moving. Staff has assembled Change Order No 1 incorporating the following changes for City Council’s approval. 1 – COP-1 Bathroom internal plumbing and water connections. 2 - COP-2 Miscellaneous site work changes. 3 – COP-3 Pedestrian pathway asphalt removal and paving (ADA compliance). There is sufficient funding in the project budget to cover these changes. ALTERNATIVES: Remand to staff for additional information.
Workshop; discussion only. At the March 16, 2026 Council meeting, the recommended motion will be, “I move to approve the Contract Change Order No. 1 to the Jensen Park Project and authorize the mayor to sign it.”
1 of 2
CHANGE ORDER 01
Change Order Title: Jensen Park Project CO-01 Date: 2/26/2026
Project Name: Jensen Park Improvements Project No: ADM-25.13
Reece Construction Federal Aid No: N/A
The Contract is Modified as Follows:
Original Contract Amount: $ 196,177.11
Current Contract Amount: $ 196,177.11
Amount of this Change: $35,240.33
Contract time is: Increased Decreased 0
New Contract Duration:
Approvals (Not valid until signed by Agency)
Contractor
______________________________ ___________________________________ ______________
Print Name Signature Date
Reviewed
Keyton Kinney, Engineering Tech ___________________________________ ______________
Signature Date
Reviewed
Kris Wallace, Public Works Accountant ___________________________________ ______________
Signature Date
Approved by Agency
James Kelly, Public Works Director ___________________________________ ______________
Signature Date
Change Order Description:
This Change Order is for three site changes that occurred during the project and were approved onsite via Change
Order proposals (COP).
1 – COP-1 Bathroom internal plumbing and water connections.
2 - COP-2 Miscellaneous site work changes.
3 – COP-3 Pedestrian pathway asphalt removal and paving (ADA compliance).
CHANGE ORDER 1, CONT.
2 of 2
Change Order Summary Taxable
Item Description Quant. Unit Unit Price Amount
Subtotal $32,241.84
9.3% Sales Tax $ 2,998.49
TOTAL $35,240.33
Needed to reduce trip hazard and make
walking path ADA compliant.