Chapter 12.48
CANYON PARK SUBAREA REGULATIONS

Sections:

12.48.010    Purpose.

12.48.020    R-AC, OP, CB zoning south of Filbert and Maltby roads.

12.48.030    R-AC, OP, CB zoning northeast of I-405 – R-AC, OP, LI zoning in central portion of subarea – R-AC, OP, LI zoning in west-central portion of subarea.

12.48.040    R-AC, OP, CB zoning in southwest corner of subarea.

12.48.050    R-AC, OP, CB, LI zoning in north central portion of the subarea.

12.48.060    Motor vehicle sales overlay.

12.48.010 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 Canyon Park 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. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.48.020 R-AC, OP, CB zoning south of Filbert and Maltby roads.

A.    Buffers. Development shall provide a buffer adjacent to residential development to the east and west. Such a buffer may consist of the existing wetlands in the east and west borders of this area. See also subsection B of this section.

B.    Building Height.

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 (B)(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 OP, CB abuts R zoning along a street, the increased setbacks shall be measured from the street property line of the property zoned 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. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.48.030 R-AC, OP, CB zoning northeast of I-405 – R-AC, OP, LI zoning in central portion of subarea – R-AC, OP, LI zoning in west-central portion of subarea.

A.    Access. Development having frontage on SR-527 shall incorporate internal access from property to property and shared driveways to minimize access points on SR-527.

B.    Building Height. Maximum building height shall be 65 feet for buildings containing residential uses and 100 feet for buildings containing nonresidential uses, except that buildings may be up to 150 feet to accommodate manufacturing processes which require structures taller than 100 feet. In such cases, the applicant shall demonstrate why the process cannot be conducted in a building of 100 feet or less. Only that portion of the structure containing the manufacturing process may exceed 100 feet; offices and other areas of intensive employee activity are prohibited above this height.

When buildings exceed 35 feet, the mandatory setbacks from, and mandatory landscaping buffers adjacent to, any abutting R zoning (not including combination zones) shall be increased as follows:

1.    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; R-AC, OP, LI; or R-AC, OP, LI 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; R-AC, OP, LI; or R-AC, OP, LI. Building height shall be measured as set forth in BMC 12.14.110 through 12.14.130.

2.    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. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.48.040 R-AC, OP, CB zoning in southwest corner of subarea.

A.    Building Height.

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. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.48.050 R-AC, OP, CB, LI zoning in north central portion of the subarea.

A.    Within this designation, any development proposing to implement any of the uses permitted under the Community Business zone are subject to the following special regulations:

1.    All applications proposing to implement the uses permitted under the Residential-Activity Center and Community Business zoning designation shall be subject to this code including critical areas, site and building design and landscaping regulations.

2.    Properties located within the OP, CB, LI zoning designation shall provide for site-to-site vehicle access ways to allow vehicles and pedestrians a smooth flow of traffic across consecutive adjoining properties without the need to use a street. Said access may comprise the aisle between rows of parking stalls.

3.    All properties hosting the uses allowed under the Community Business (CB) zone shall be prohibited from creating any connection to the public rights-of-way of 23rd Avenue and 211th Street South East.

B.    Building Height. Maximum building height shall be 65 feet for buildings containing residential uses and 100 feet for buildings containing nonresidential uses, except that buildings may be up to 150 feet to accommodate manufacturing processes which require structures taller than 100 feet. In such cases, the applicant shall demonstrate why the process cannot be conducted in a building of 100 feet or less. Only that portion of the structure containing the manufacturing process may exceed 100 feet; offices and other areas of intensive employee activity are prohibited above this height.

When buildings exceed 35 feet, the mandatory setbacks from, and mandatory landscaping buffers adjacent to, any abutting R zoning (not including combination zones) shall be increased as follows:

1.    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 OP, CB, LI abuts R zoning along a street, the increased setbacks shall be measured from the street property line of the property zoned OP, CB, LI. Building height shall be measured as set forth in BMC 12.14.110 through 12.14.130.

2.    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. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1853 § 1, 2001. Formerly 12.48.080).

12.48.060 Motor vehicle sales overlay.

Exterior motor vehicle sales are permitted on properties containing Community Business (CB) zoning and a motor vehicle sales overlay (MVSO) designation subject to the following special regulations:

A.    All applications proposing to implement the uses permitted under the motor vehicle sales overlay (MVSO) shall be subject to this code including critical areas, site and building design and landscaping regulations and the provisions of this chapter. The Bothell Municipal Code Appendix or any special provisions as may be contained in a concomitant zoning agreement shall not be applicable for any use permitted under the MVSO. Application of the most permissive regulations of the individual zoning classification in accordance with BMC 12.06.020(F) and 12.14.040(B)(1)(a) are not available to any development application proposing to implement the uses permitted under the motor vehicle sales overlay.

B.    Illumination for motor vehicle sale properties shall be consistent with the following:

1.    A lighting plan prepared by a qualified lighting engineer shall be submitted with any motor vehicle sales building permit application. The plan shall demonstrate consistency with these provisions.

2.    All light fixtures shall be shielded to prevent off-site glare and shall direct light downward onto the sales lot. Shielding shall be installed to prevent the light bulb, filament or light source within the fixture from being directly visible from all residential zones.

3.    Lighting fixtures shall be designed and installed in such a manner that no more than one footcandle of power of light at five feet above grade crosses a residential zoning boundary in accordance with BMC 8.64.030.

C.    Landscaping within motor vehicle sales areas shall be consistent with the following:

1.    A minimum 25-foot-wide Type I landscape buffer shall be installed along the common property line between any motor vehicle sales use and any existing residential use. All other property lines shall have the landscape perimeter installed in accordance with Chapter 12.18 BMC.

a.    Trees within the 25-foot-wide perimeter buffer shall consist of 100 percent coniferous species;

b.    Coniferous trees within the 25-foot-wide perimeter buffer shall have a minimum height of 12 feet at time of installation.

2.    Street right-of-way, front lot line, interior parking lot landscaping and all other required landscaping shall be installed pursuant to Chapter 12.18 BMC.

D.    Paging systems for employees of motor vehicle sales operations shall be wireless pagers, cellular phones, or other devices that do not allow voice or sound transmittal through the air, except that external employee paging systems that allow voice or sound transmittal through the air may be permitted subject to the following requirements:

1.    An external paging system plan with specifications designed and prepared by a licensed acoustical engineer shall be submitted to the department of community development for review and approval.

2.    The paging system shall be designed consistent with the following:

a.    All external speakers installed for the paging system shall be oriented away from existing residential uses and all residential zones.

b.    The paging system shall be designed to be consistent with the maximum noise levels established under WAC 173-60-040.

3.    Prior to issuance of any certificate of occupancy, or, in cases where the system is installed in an existing motor vehicle sales lot, use of the paging system, the acoustical engineer shall provide written verification to the city that the paging system is consistent with these standards.

E.    Street ingress/egress shall be subject to the following standards:

1.    All properties hosting the uses allowed under the motor vehicle sales overlay shall be prohibited from creating any connection to the public rights-of-way of 23rd Avenue South East and 211th Street South East.

2.    Within the MVSO designation, properties shall provide for site-to-site vehicle access ways to allow vehicles and pedestrians a smooth flow of traffic across consecutive adjoining properties without the need to use a street. Said access may comprise the aisle between rows of parking stalls. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1853 § 1, 2001. Formerly 12.48.090).

 

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