Chapter 12.46
COUNTRY VILLAGE/LAKE PLEASANT/SR-527 CORRIDOR SUBAREA REGULATIONS

Sections:

12.46.010    Purpose.

12.46.020    R-AC, OP, CB zoning in north end of subarea.

12.46.030    R 5,400a, OP zoning south of Canyon Heights.

12.46.040    CB zoning west of SR-527 and north of 240th street SE.

12.46.050    OP, GC zoning east of SR-527.

12.46.060    Red Barn Village special district – R 4,000, OP, CB zoning at SR-527 and 240th Street SE.

12.46.070    R 5,400a, OP zoning in southern portion of subarea.

12.46.010 Purpose.

Subarea zoning regulations implement subarea-specific policies in the Imagine Bothell... Comprehensive Plan. The subarea zoning regulations in this chapter apply specifically to land within the Country Village/Lake Pleasant/SR-527 Corridor Subarea. Subarea zoning regulations are in addition to city-wide zoning regulations or, where more restrictive, take the place of city-wide zoning regulations. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.020 R-AC, OP, CB zoning in north end of subarea.

A.    Building Height in R-AC, OP, CB Zoning.

1.    Maximum building height shall be 35 feet, but may be increased to 65 feet if both of the following conditions are met:

a.    At least 40 percent of the gross floor area of the average story within the building (total building gross floor area divided by the number of stories) is devoted to parking either within or under the building or within a separate parking structure;

b.    At least 10 percent of the gross floor area of the average story within the building (total building gross floor area divided by number of stories) is devoted to externally oriented at-grade space for retail uses, eating and drinking establishments, recreation, culture and entertainment uses, personal services, and/or other similar businesses which are characterized by regular and frequent patronage during the course of the normal business day. “Externally oriented” for the purposes of this regulation shall mean having a door opening directly to the outside. This requirement may be reduced or waived by the community development director for individual buildings within multiple-building developments if it can be demonstrated to the satisfaction of the director that the total amount of the above-described space within the development would comprise at least as much space as the combined total of the minimum required amounts of such space for all of the individual buildings in the development.

2.    When buildings exceed 35 feet, in accordance with subsection (A)(1) of this section, the mandatory setbacks from, and mandatory landscaping buffers adjacent to, any abutting R zoning (not including combination zones) shall be increased as follows:

a.    The mandatory setbacks from any abutting R zoning, as set forth in BMC 12.14.070(D), shall be increased three feet horizontally for each foot of building height exceeding 35 feet. These increased setbacks shall apply to the entire building, rather than only to those portions of the building which may be higher than 35 feet. Where the property zoned R-AC, OP, CB abuts R zoning along a street, the increased setbacks shall be measured from the street property line of the property zoned R-AC, OP, CB.

b.    The mandatory landscaping buffers adjacent to any abutting R zoning, as set forth in BMC 12.18.110, shall be increased 0.25 feet (three inches) for each foot of building height exceeding 35 feet, up to a maximum of 10 feet of additional landscaping. In such cases, the entire buffer shall consist of Type I landscaping.

3.    Building height shall be measured as set forth in BMC 12.14.110 through 12.14.130. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.030 R 5,400a, OP zoning south of Canyon Heights.

Permitted primary dwelling units shall include detached single-family dwellings, duplexes and multifamily townhouse dwellings. Development shall provide a transition to the R 9,600 zoned area to the west as follows:

A.    A 30-foot-wide Type I landscape buffer shall be installed and maintained along the westernmost property line. Existing vegetation may be used to meet some or all of the landscaping requirement.

B.    Buildings shall be set back a minimum of 100 feet from the westernmost property line. The area between the 30-foot landscape buffer identified above and the 100-foot setback may be used for access drives, storm water facilities, and other improvements not involving structures.

C.    Abutting the setback, buildings containing office professional uses shall be limited to one story in height. However, a second story may be added to buildings abutting the setback provided the second story is devoted exclusively to residential uses. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.040 CB zoning west of SR-527 and north of 240th street SE.

Development shall provide a transition to the R 9,600 zoned area to the west as follows:

A.    A 30-foot-wide Type I landscape buffer shall be installed and maintained along the westernmost property line. Existing vegetation may be used to meet some or all of the landscaping requirement.

B.    Buildings shall be set back a minimum of 100 feet from abutting residential properties. The area between the 30-foot landscape buffer identified above and the 100-foot building setback may be used for parking lots, access drives, storm water facilities, and other improvements not involving structures. Buildings abutting the 100-foot setback which contain office professional or community business uses shall be limited to one story in height. Any development in this area shall be oriented toward existing development to the east and compatible in bulk and scale with the homes and accessory structures in the residential area to the west. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.050 OP, GC zoning east of SR-527.

Development in this area shall incorporate the following features:

A.    Driveways shall be a minimum of 300 feet apart, in order to minimize congestion caused by vehicles entering or leaving traffic;

B.    Internal vehicle access shall be provided from property to property in such a manner as to allow a smooth flow of traffic across consecutive adjoining properties;

C.    Parking shall be located alongside buildings and/or behind buildings, but shall not be located in the area between any building and SR-527, unless topography or other site-related constraints necessitate otherwise, as determined by the community development director;

D.    Type III landscaping and other techniques such as berming shall be utilized along the street frontage to mitigate the adverse visual impacts of general commercial development. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.060 Red Barn Village special district – R 4,000, OP, CB zoning at SR-527 and 240th Street SE.

Development of all properties within the Red Barn Village special district shall be by conditional use permit and shall adhere to the following:

A.    A minimum of 1,200 square feet of leasable space for retail or service uses shall be provided at each quadrant of the intersection.

B.    Buildings which contain retail or services space shall be placed in such a manner as to promote pedestrian travel from one building to another.

C.    Land between buildings which contain retail or services space and streets should be utilized for pedestrian-oriented activities such as outdoor cafes or public plazas.

D.    Parking shall be located behind and/or alongside buildings, but not in the area between any building and the street.

E.    Design of all buildings within the village shall be coordinated and may adhere to an historic or other theme in keeping with its setting. The Red Barn Village Site and Building Design Guidelines shall be considered. These guidelines shall be available at the department of community development.

F.    Pedestrian-scale street, parking lot and sidewalk lighting shall be utilized.

G.    Development shall include landscaped street medians subject to Department of Transportation approval on SR-527 and planter areas separating the sidewalk from the street.

H.    Pedestrian street crossings shall utilize special paving treatments.

I.    Adjacent to single-family zoning, a landscape buffer of a minimum width of 30 feet shall be installed pursuant to the following:

1.    The 30-foot landscape buffer shall utilize berms, a wall constructed of solid nonwood materials suitable for maximum sound and light attenuation, and Type I landscaping;

2.    Plants installed within the buffer shall be indigenous and drought-tolerant. Existing vegetation may be used to satisfy all or part of the required Type I landscaping, provided said existing vegetation meets or exceeds the Type I landscape standard;

3.    The sound and light attenuation wall shall be not less than six feet in height and, through the conditional use permit review, may exceed six feet in height should conditions warrant a taller height to provide for adequate auditory and visual screening of adjacent single-family-zoned lands;

4.    All portions of the wall visible to pedestrians shall receive aesthetic treatments consistent with BMC 12.14.180(F). The exact composition of the buffer and wall shall be determined in conjunction with conditional use permit review;

5.    Pedestrian and nonmotorized trails, not to exceed six feet in width, shall be allowed only in that portion of the 30-foot buffer located between the sound and light attenuation wall and developed property within the Red Barn Village special district. Vehicular access drives shall not be located within the 30-foot buffer;

6.    The 243rd Street SE Connector, as provided below, and underground utilities or utility corridors which cross the buffer in a perpendicular or near perpendicular manner may be permitted within the 30-foot buffer. The buffer may be modified as follows:

a.    The Type I landscape standard may be modified to exempt the installation of trees within city-approved utility easements and utility corridors;

b.    The placement, configuration and construction of the sound and light attenuation wall may be modified to permit maintenance and installation of utilities located within city-approved or established utility easements and utility corridors;

7.    The 30-foot landscape buffer and sound and light attenuation wall shall be constructed substantially as illustrated in Figure 12.46-1; and

8.    Exact composition and design of the buffer and wall shall be determined during the conditional use permit review.

Figure 12.46-1 – Illustrating the 30-foot landscape buffer and 100-foot building setback pursuant to BMC 12.46.060.I

J.    All buildings shall be set back a minimum of 100 feet from adjacent single-family-zoned lands. The area between the 30-foot landscape buffer and the 100-foot building setback identified above may be used for parking lots, access drives, storm water facilities, and other improvements not involving structures. Light fixtures installed within the area between the 30-foot landscape buffer and the 100-foot building setback, including fixtures mounted to buildings adjacent to the setback, shall be of a pedestrian scale and shall be shielded to prevent glare toward adjacent single-family lands.

K.    Development shall incorporate a transition of building mass and density from the greatest mass and density near the intersection of SR-527 and 240th Street SE to the least mass and density adjacent to the abutting single-family development. Buildings abutting the 100-foot setback shall be limited to one story and no portion of such one-story building shall exceed 25 feet in height. A second story may be added to buildings abutting the setback, provided the second story is devoted exclusively to residential uses and no portion of such two-story building shall exceed 30 feet in height.

Lands located in the southerly portion of the Red Barn Village special district area, approximately 900 feet or more south of the SR-527/240th Street SE intersection, shall orient all buildings containing retail uses, as described within BMC 12.06.150, toward the Bothell-Everett Highway (SR-527) or the 243rd Street SE Connector and away from adjacent single-family-zoned lands.

L.    Driveways shall be consolidated to minimize the number of access points, and internal vehicle access shall be provided from property to property in such a manner as to allow a smooth flow of traffic across consecutive adjoining properties.

M.     The 243rd Street SE Connector as identified within Country Village/Lake Pleasant/SR-527 Corridor Subarea Plan Transportation Policy 9 the alignment of which would traverse properties located within the southerly portion of the Red Barn Village special district shall be constructed in conjunction with development of the properties through which the road would extend. Should those lands within the Red Barn Village special district be developed prior to adjacent single-family residential zoned lands, the director of public works is authorized to defer construction of that portion of the connector street located within 30 feet of the zoning boundary line in favor of construction of the 30-foot landscape buffer as provided above in order to protect single-family residents for the time until the single-family properties develop and the street is connected. This authorization shall be subject to the following:

1.    Public right-of-way sufficient to accommodate the 243rd Street SE Connector shall be dedicated, including those lands within the 30-foot buffer;

2.    The public works director shall make specific findings that such delay can be accomplished in a manner that does not compromise the ability of the connector street to be extended as intended;

3.    Completion of the remaining road segment at such time as the adjacent property develops shall be bonded for or otherwise guaranteed via surety acceptable to the city; and

4.    This authorization shall not be construed as preventing eventual construction of the entire 243rd Street SE Connector. (Ord. 2007 § 1, 2008; Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.46.070 R 5,400a, OP zoning in southern portion of subarea.

Development in the R 5,400a, OP area shall install a minimum 30-foot-wide Type I landscape buffer to mitigate noise and visual impacts on abutting residential development. Such buffering shall include but

not be limited to such techniques and materials as fences, walls, berms, and screening type plant materials. A minimum 100-foot building setback should be provided from adjacent detached residential areas. Lands located between the 30-foot landscape buffer and the 100-foot building setback may be used for parking lots, access drives, storm water facilities, and other improvements not involving structures. Abutting the setback, buildings containing office professional uses shall be limited to one story in height. However, a second story may be added to buildings abutting the setback provided the second story is devoted exclusively to residential uses. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).