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HomeMy WebLinkAbout03-16-26 Council Meeting 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 – Raelynn APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Recognition of Airport Commissioners Ruth Gonzales and Scott Tomkins Mayor Don Vanney PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Michele Blythe 1. Minutes of the March 2 and March 9, 2026 Council meetings ATTACHMENT A 2. Accounts Payable ATTACHMENT B 3. Ordinance Amending Arlington Municipal Code Chapter 20.04 ATTACHMENT C 4. Ordinance Amending Arlington Municipal Code Chapter 20.20 ATTACHMENT D 5. Ordinance Amending Arlington Municipal Code Chapter 20.46 ATTACHMENT E 6. Change Order No. 1 for Jensen Park Project ATTACHMENT F PUBLIC HEARING NEW BUSINESS 1. Compensation Proposal and Easement Approval for PUD Transmission Lines ATTACHMENT G Staff Presentation: Marty Wray Council Liaison: Mayor Pro Tem Michele Blythe 2. Airport Commission Appointments ATTACHMENT H Staff Presentation: Monroe Whitman Council Liaison: Nathan Senff Arlington City Council Meeting Monday, March 16, 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. 3. Amendment No. 2 to the Contract for Prosecution Services ATTACHMENT I Staff Presentation: Paul Ellis Council Liaison: Nathan Senff COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] Mayor Don Vanney / City Attorney Oskar Rey RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, March 2, 2026 Councilmembers Present: Heather Watland, Rob Toyer, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Raelynn Jones, Sarah Lopez, Mandy Kruger, Shelby Burke, Rory Bolter, Marty Wray, Monroe Whitman, Peter Barrett, City Attorney Oskar Rey, Bryan Terry, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Randy Nobach, Kim Casteel, Linda Jacobsen and her family and friends, Kevin Duncan, Neal Karman, Dan Tarasievich, Tim Nichols, and others. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Vanney presented the Mayor’s Volunteer Award to Linda Jacobson for her service in the community. PROCLAMATIONS City Councilmember Tim Abrahamson read the Arbor Day proclamation. PUBLIC COMMENT Neal Karman, Lake Stevens, provided comments. Kevin Duncan, Arlington, provided comments. Dan Tarasievich, Arlington, provided comments. Tim Nichols, Poulsbo, provided comments. CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Yvonne Gallardo-Van Ornam seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the February 17 and February 23, 2026 Council meetings Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting March 2, 2026 Page 2 of 4 2. Accounts Payable: Approval of EFT Payments and Claims Checks #115307 through #115400, dated February 3 through February 17, 2026 in the amount of $688,301.53. 3. Airport Equipment Purchase 4. Design Professional Services Agreement with Dowl Engineering for Perimeter Fencing Improvements Project 5. Construction Administration Amendment for Taxiway Alpha Improvements Project 6. Authorization to apply for Recreation and Conservation Office (RCO) Grant PUBLIC HEARING None. NEW BUSINESS Contract for Indigent Defense Services with Feldman and Lee, P.S. City Administrator Paul Ellis requested Council approve the contract for Indigent Defense Services with Feldman and Lee, P.S. Staff is requesting approval of a contract with Feldman & Lee for indigent defense services. The term of this Agreement shall be from January 1, 2026 through December 31, 2026, unless sooner terminated as provided in the Agreement, subject to the right of extension referenced in paragraph 2 of the agreement. The City of Arlington provides indigent defense services to individuals who have been certified for representation in criminal charges before the Snohomish County District Court. Feldman & Lee, P.S., is a licensed law firm with attorneys in good standing in the state of Washington who have been selected to perform services to indigent defense clients under contract with the City. The City has adopted standards for public defense pursuant to the requirements of RCW 10.101.030, under Resolution No. 2014-017. The City and Attorney have entered into this Agreement in consideration of the mutual benefits. Mayor Pro Tem Michele Blythe moved, and Councilmember Leisha Nobach seconded the motion to approve the contract for indigent defense services with Feldman & Lee P.S. and authorized the Mayor to sign the contract. The motion passed unanimously. Appointments to Parks, Arts, and Recreation Commission Community Engagement Director Sarah Lopez requested Council confirm appointments to the Parks, Arts, and Recreation Commission. The interview committee is recommending Chris Feliciano to fill the vacated term of Heather Watland that expires April 1, 2028. We are also recommending re-appointing Jan Bauer and Randy Nobach for a second term, beginning April 1, 2026. Parks, Arts and Recreation Commissioners are appointed by the Mayor and confirmed by City Council. Members serve a 4-year term. Minutes of the City of Arlington City Council Meeting March 2, 2026 Page 3 of 4 Heather Watland resigned December 31, 2025 to serve on the Arlington City Council beginning January 2026. Commissioners Randy Nobach and Jan Bauer have terms that expire April 1, 2026 and have reapplied. An interview panel consisting of Councilmember Heather Watland, Mayor Don Vanney, and Community Engagement Director Sarah Lopez held interviews February 13 and February 20. Councilmember Heather Watland moved, and Councilmember Leisha Nobach seconded the motion to confirm the appointments of Chris Feliciano to fill the vacant terms in the Parks, Arts and Recreation Commission that expires April 1, 2028, and confirm the appointments of Jan Bauer and Randy Nobach for the term beginning April 1, 2026. The motion passed unanimously. Compensation Proposal and Easement Approval for PUD Transmission Lines Airport Director Marty Wray requested Council approve a compensation proposal and five easements for PUD transmission lines. Snohomish County PUD is proposing a transmission and distribution line(s) that will require approximately 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. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Rob Toyer seconded the motion to table the item for further discussion. The motion passed unanimously. Correction to Change Order No. 2 for 188th and Smokey Point Blvd Roundabout Project Public Works Director Jim Kelly requested Council approve a correction to Change Order No. 2 for 188th and Smokey Point Blvd Roundabout Project. Change Order #2 to the 188th St Roundabout Project, extension of sanitary sewer north approx. 1,090 feet and connect to lift station 6. At the February 17, 2026 City Council meeting Council approved Change Order #2 for the 188th St Roundabout project in the amount of $1,045,696.05. The following day it was noticed that the City made a $54,207.34 mathematical error in calculating the change order value. The actual cost of the change order is $1,099,903.39. Minutes of the City of Arlington City Council Meeting March 2, 2026 Page 4 of 4 This change order proposes to cover the costs associated with the necessary construction changes and will be covered by city sewer capital improvement funds. Councilmember Rob Toyer moved, and Councilmember Michele Blythe seconded the motion to approve the corrected Contract Change Order No. 2 to the 188th & Smokey Point Blvd Project. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmembers Senff, Watland, and Gallardo-Van Ornam provided updates about upcoming events and those they attended. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT Mayor Vanney stated he presented the State of the City to Rotary on February 26, and he will be presenting on March 10 to the Chamber of Commerce. He met with residents at Fields Senior Living to talk about the community. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:37 p.m. _________________________________________ Don E. Vanney, Mayor DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, March 9, 2026 Councilmembers Present: Heather Watland, Rob Toyer, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach. Council Members Absent: Yvonne Gallardo-Van Ornam, excused. Staff Present: Mayor Don Vanney, Paul Ellis, Shawn Friang, Shelby Burke, Amy Rusko, Thad Newton, Marty Wray, Ameresia Lawlis, Jim Kelly, Kris Wallace, Peter Barrett, and Chelsea Brewer. Also Known to be Present: Kathy Vanney, Randy Nobach, Kim Casteel, Brenda White, Jessica Sparr, Andra Flaherty, Neal Karman, Kevin Duncan, Conor Baer, Dan Tarasievich, and others. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Tim Abrahamson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Compensation Proposal and Easement Approval for PUD Transmission Lines A presentation was performed by Jessica Sparr, Program Manager for Energy Storage and Emerging Technologies, and Andra Flaherty, Senior Manager of Transmission and Distribution Engineering Design from Snohomish County PUD. Discussion followed with Ms. Sparr and Ms. Flaherty answering Council questions. Airport Director Marty Wray reviewed the compensation proposal and easement approval for PUD transmission lines. Snohomish County PUD is proposing a transmission and distribution line(s) that will require approximately 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. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 2 of 4 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. Discussion followed with Mr. Wray answering Council questions. Ordinance Amending Arlington Municipal Code Chapter 20.04 Associate Planner Ameresia Lawlis reviewed an ordinance amending Arlington Municipal Code (AMC) Chapter 20.04. The amendments to AMC Chapter 20.04 Zoning Code Amendment include 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. The AMC Chapter 20.04 Zoning Code Amendments were proposed with the 2026 Docket. The Community 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. The proposed zoning code amendments are required to comply with the state law and local requirements. Discussion followed with Ms. Lawlis answering Council questions. Ordinance Amending Arlington Municipal Code Chapter 20.20 Associate Planner Ameresia Lawlis reviewed an ordinance amending Arlington Municipal Code (AMC) Chapter 20.20. The amendments to AMC Chapter 20.20 Zoning Code Amendment includes clarification of administrative 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. The AMC Chapter 20.20 Zoning Code Amendments were proposed with the 2026 Docket. The Community 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. Discussion followed with Ms. Lawlis answering Council questions. Ordinance Amending Arlington Municipal Code Chapter 20.46 Associate Planner Ameresia Lawlis reviewed an ordinance amending Arlington Municipal Code (AMC) Chapter 20.46. The amendments to AMC 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 Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 3 of 4 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. The AMC Chapter 20.46 Zoning Code Amendments were proposed with the 2026 Docket. The Community and Economic Development Department needed to update language regarding Design Review Board, update current supplemental documents, and remove sections now provided within their own supplemental documents. The proposed zoning code amendments are required to comply with the state law and local requirements. Discussion followed with Ms. Lawlis answering Council questions. Change Order No. 1 for Jensen Park Project Public Works Director Jim Kelly reviewed Change Order No. 1 for the Jensen Park Project miscellaneous site and utility changes 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. Discussion followed with Mr. Kelly answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS Councilmember Nobach spoke of a positive experience she had on a police ride along with Officer Kidd-Zimmerman. Councilmember Senff reviewed his engagements in the community. PUBLIC COMMENT Neal Karman, Lake Stevens, provided comments. Conor Baer, Snohomish, provided comments. Dan Tarasievich, Arlington, provided comments. Kevin Duncan, Arlington, provided comments. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the Consent Agenda for the March 16, 2026 Council meeting. 2. Ordinance Amending Arlington Municipal Code Chapter 20.04 3. Ordinance Amending Arlington Municipal Code Chapter 20.20 Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 4 of 4 4. Ordinance Amending Arlington Municipal Code Chapter 20.46 5. Change Order No. 1 for Jensen Park Project EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:48 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill Item: CA #2 AttachmentB COUNCIL MEETING DATE: March 16, 2026 Accounts Payable Claims Approval Claims Approval Finance, Shelby Burke, Director 360-403-3423 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington March 16th, 2026 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington, do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of Petty Cash account, check #2051; EFT Payments and Claims Checks #115401 through #115491, dated February 18th through March 2nd, 2026, in the amount of $ 751,568.36 Approval of Payroll EFT Payments and Check #30487 through # 30490 dated February 1st, 2026 through February 28th, 2026 in the amount of $ 1,625,911.84 City of Arlington Council Agenda Bill CA #3 Attachment COUNCIL MEETING DATE: March 16, 2026 SUBJECT: Ordinance Approving Amendment to 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: 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. 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: ordinance. 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. CITY OF ARLINGTON ____________________________________ ATTEST: Don E. Vanney, Mayor ___________________________________ 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 CA #4 Attachment COUNCIL MEETING DATE: March 16, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.20 Appeals, Variances and Interpretations 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: 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: ordinance. 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 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 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 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 ORDINANCE NO. 2026-XXX 6 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. (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 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 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 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 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 City of Arlington Council Agenda Bill CA #5 Attachment COUNCIL MEETING DATE: March 16, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.46 Design 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 regarding the design review general development standards, standards adopted, conformance with design review, design review board 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. 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. ordinance. 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 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). (a) All zones shall comply with the Development Design Standards as follows, or amended: (1) Street Character and Liveliness (2) Pedestrian Environment ORDINANCE NO. 2026-XXX 2 (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 (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) ORDINANCE NO. 2026-XXX 3 (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 guideline, 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. (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. ORDINANCE NO. 2026-XXX 4 Section 3. Arlington Municipal Code section 20.46.020 shall be 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. Section 5. Arlington Municipal Code section 20.46.030 shall be 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 ORDINANCE NO. 2026-XXX 5 (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 Chapter 20.46, section II shall be 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 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. ORDINANCE NO. 2026-XXX 6 (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. (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 ORDINANCE NO. 2026-XXX 7 Section 8. Arlington Municipal Code Chapter 20.46, 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 9. 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 10. 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 ______ day of _____________________, 2026. CITY OF ARLINGTON ____________________________________ Don 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 CA #6 Attachment March 16, 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 No. 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. 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 Approved by Agency Don E. Vanney, Mayor ________________________________________ ______________ 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. CHANGE ORDER 1, CONT. 2 of 2 3 – COP-3 Pedestrian pathway asphalt removal and paving (ADA compliance). 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. City of Arlington Council Agenda Bill Item: NB #1 Attachment G COUNCIL MEETING DATE: March 16, 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. timber value compensation of $7,920. 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 NB #2 Attachment March 16, 2026 Appointment of Airport Commissioners Redacted applications of Robert Anderson and Tim Finneron Airport; Monroe Whitman, Operations Manager EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Robert Anderson has submitted a new application to the commission, and Tim Finneron has applied for one of the two vacant positions. Mr. Anderson and Mr. Finneron were interviewed for the open positions March 5 and 6 by Mayor Vanney, Airport Director Marty Wray, Airport Operations Manager Monroe Whitman, City Councilmember Nathan Senff, and current Airport Commissioner Dary Finck. Staff recommends that Robert Anderson and Tim Finneron be appointed to the Airport Commission. These applicants have shown keen interest in the operation and management of Arlington Municipal Airport. Staff welcomes their insights, comments and questions at our regularly scheduled meetings. Their relationship with staff, tenants and the community make them valuable assets to the City of Arlington and to the Arlington Municipal Airport. ALTERNATIVES: City of Arlington Council Agenda Bill NB #3 Attachment March 16, 2026 Amendment No. 2 to the contract for prosecution services Amendment No. 2 to the Contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $273,385.32 BUDGET CATEGORY: BUDGETED AMOUNT: $263,000 LEGAL REVIEW: DESCRIPTION: attached amendment extends the original agreement an additional three years ending December 31, 2028. The contract provides for a 4% annual adjustment to the fees to cover growing costs to provide the services. the City’s prosecutors at the municipal court level since 2001. ALTERNATIVES: prosecution services and authorize the Mayor to sign pending legal review. ADDENDUM TO CONTRACT FOR LEGAL SERVICES - 2 (Prosecuting Attorney for the City of Arlington) ADDENDUM NO. 2 TO CONTRACT FOR LEGAL SERVICES (Prosecuting Attorney for the City of Arlington) THIS ADDENDUM AGREEMENT is entered into this 1st day of January, 2026, by and between the CITY OF ARLINGTON, A Municipal Corporation of the State of Washington, (hereinafter referred to as “City”), and the law office of ZACHOR, STOCK & KREPPS, Inc., P.S., a Personal Services Corporation of the State of Washington (hereinafter referred to as “Prosecuting Attorney”). WHEREAS, the City and the Prosecuting Attorney entered into a Contract for Legal Services (Prosecuting Attorney for the City of Arlington) on or about the 21st day of September, 2021; and WHEREAS, said contract term ended effective the 31st day of December, 2025, subject provisions for renewal; and WHEREAS, it is the mutual desire of the parties to renew and extend the prosecution services contract for an additional three (3) year term, pursuant to the first amendment to original contract dated on or about the 21st day of January, 2025. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT, THE PARTIES AMEND AND RENEW THE ORIGINAL CONTRACT AS FOLLOWS: 1. That by this addendum, the original Contract and subsequent amendments is incorporated by reference hereto. 2. That the Parties agree to a three (3) extension of the contract beginning January 1, 2026, with an expiration date of December 31, 2028. 3. That, pursuant to paragraph 2.1, the City agrees to pay to the Prosecuting Attorney a monthly base rate in the sum of $22,782.11 per month for calendar year 2026 beginning January 1, 2026. For calendar year 2027, beginning on January 1, 2027, the Parties agree to a base monthly rate of $23,693.39 (4% increase from calendar year 2026). For calendar year 2028, beginning January 1, 2027, the Parties agree to a base monthly rate of $24,641.13 (4% increase from calendar year 2027). 4. That it is the understanding that the City may wish to expand the services currently performed by the Prosecuting Attorney, at which time the parties will enter into negotiations for additional services. This includes adding a potential yearly review of the Arlington Criminal code for the purpose of updating it to reflect the most current laws. 5. That the parties may, by mutual agreement, extend the contract for an additional 3-year term. The Prosecuting Attorney shall submit a proposed extension addendum by July 31, 2028, at which time the parties will enter into negotiations for a contract extension. ADDENDUM TO CONTRACT FOR LEGAL SERVICES - 2 (Prosecuting Attorney for the City of Arlington) IN WITNESS WHEREOF the parties have executed this Agreement on the 16th day of March, 2026. THE CITY OF ARLINGTON ______________________________ Don E. Vanney Mayor ZACHOR, STOCK & KREPPS, Inc., P.S. _______________________________ James M. Zachor WSBA #41688 President ATTEST/AUTHENTICATED: __________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ___________________________ Oskar Rey, WSBA#