Chapter 12.60
BRICKYARD ROAD/QUEENSGATE SUBAREA REGULATIONS

Sections:

12.60.010    Purpose.

12.60.020    Valley View mobile home park overlay – Portion of R 2,800 zoning.

12.60.030    GC zoning surrounding intersection of Brickyard Road and Woodinville Drive.

12.60.040    R-AC, OP, NB zoning at Juanita-Woodinville Way/I-405 interchange.

12.60.050    Protection of groundwater resources.

12.60.010 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 Brickyard Road/Queensgate 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. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1629 § 1, 1996).

12.60.020 Valley View mobile home park overlay – Portion of R 2,800 zoning.

Development shall be limited to the existing mobile home park (MHP) and any additional mobile or manufactured homes which may be permitted by existing approvals or by new approvals obtained under Chapter 12.08 BMC. Redevelopment to uses other than a mobile home park shall require prior review and approval of an amendment to the Imagine Bothell... Comprehensive Plan. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1629 § 1, 1996).

12.60.030 GC zoning surrounding intersection of Brickyard Road and Woodinville Drive.

Properties zoned GC within this subarea shall be exempt from the setback requirements of BMC 12.14.070(D), the landscape buffering regulations of BMC 12.18.110, and the exterior building design – multifamily residential, commercial or industrial development abutting single-family residential zoning regulations of BMC 12.14.220. This relief is granted specifically to lands zoned GC that abut lands zoned R 9,600. (Ord. 2171 § 3 (Exh. C), 2015).

12.60.040 R-AC, OP, NB zoning at Juanita-Woodinville Way/I-405 interchange.

These regulations provide for development of a pedestrian-, bicycle- and transit-oriented mixed use neighborhood to capitalize on the area’s close proximity and access to I-405 for commuting and other longer trips while promoting nonmotorized travel for convenience shopping and services and recreation trips within the neighborhood.

A.    Building Height.

1.    Maximum building height shall be 35 feet, but may be increased to 50 feet if both of the following conditions are met:

a.    At least 20 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; and

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, shall be increased three feet horizontally for each foot of building height exceeding 35 feet.

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.

B.    Site and Building Design. In addition to or in lieu of city-wide site and building design regulations in BMC 12.14.170 through 12.14.230, and city-wide parking, transit and pedestrian circulation design regulations in BMC 12.16.080 through 12.16.120, development shall be subject to the following regulations specific to this zoning district:

1.    The threshold for having to provide a community gathering place as described in BMC 12.14.180(E) shall be a development area of one acre or more, rather than the standard five acres; such community gathering spaces shall be located and configured so as to be visible and inviting to the general public but shielded to the maximum extent feasible from freeway and arterial noise;

2.    Sidewalks within the public right-of-way shall be a minimum of 10 feet in width; internal sidewalks not solely for use by residents or employees of a development shall be a minimum of eight feet in width;

3.    At street crossings, development shall incorporate pedestrian “refuges,” art works, neighborhood information kiosks and/or other devices to provide small-scale visual attractions that incentivize pedestrian and bicycle travel throughout the zoning district, thereby promoting a sense of neighborhood.

C.    Traffic Congestion Mitigation at I-405 Interchange and Proximate Intersections. In conjunction with satisfaction of city concurrency and traffic impact mitigation requirements, any project proponent within this zoning district shall coordinate with the city of Bothell, the Washington State Department of Transportation, Sound Transit, King County Metro Transit and other applicable agencies to identify and implement strategies for reducing congestion at and around the interchange. Such implementation shall be via construction of physical improvements proportional to the impact generated by the proposed development; contribution of funding towards such improvements; and/or other measures as deemed warranted by the Bothell public works director. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 2053 § 3 (Exh. C), 2010. Formerly 12.60.025).

12.60.050 Protection of groundwater resources.

Norway Hill has been identified as a particularly important source of cool water for the Sammamish River, via groundwater and surface water movement. Cool water promotes the long-term vitality of the fisheries resources found in the Sammamish River. Chapter 14.04 BMC, Critical Area Regulations, establishes regulations applicable city-wide for the protection of surface water bodies such as wetlands and streams. BMC 12.14.180(C), Development on Hillsides, establishes regulations applicable city-wide for the protection of groundwater movement as it may be affected by hillside development. This section augments BMC 12.14.180(C) by establishing regulations for the protection of groundwater resources specifically existing on Norway Hill.

A.    Uses or Activities with Special Requirements.

1.    Vehicle Repair and Servicing.

a.    Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

b.    No dry wells shall be allowed in the subarea on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity.

2.    Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a.    Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; and

b.    Have a primary containment area enclosing or underlying the tank or part thereof.

3.    Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a.    Prevent releases due to corrosion or structural failure for the operational life of the tank;

b.    Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and

c.    Use material in the construction or lining of the tank that is compatible with the substance to be stored.

4.    Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.

5.    Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the state Departments of Ecology and Health.

a.    Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.080(1) and 90.46.010(10). The state Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2).

b.    Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.

6.    State and Federal Regulations. All activities, uses, and construction activities shall be in accordance with applicable state and federal regulations.

B.    Site and Building Design Standards.

1.    General Requirements.

a.    The applicant shall demonstrate that the proposed activity will not adversely affect the recharging of the groundwater table.

b.    The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the King and Snohomish County health districts.

2.    Impervious Surface Coverage.

a.    Developments shall limit the amount of impervious surface coverage on the subject parcel or parcels to the minimum coverage necessary to accommodate the development.

b.    The community development director may require minor site plan modifications to reduce impervious surface coverage and to reduce driveway lengths and widths.

3.    Natural Foliage Retention Requirements.

a.    For the purposes of this chapter, “natural foliage” shall mean naturally occurring trees, understory plants (shrubs), groundcovers and the layer of dead leaves, needles, and vegetation (forest duff) found on the ground.

b.    Developments shall limit the amount of natural foliage removed on the subject parcel or parcels to the minimum necessary to accommodate the development.

c.    The community development director may require minor site plan modifications to preserve natural foliage areas and to reduce grading limits.

4.    Grading Limitations.

a.    Excavation shall be prohibited from intruding into that part of the groundwater table which experiences saturated soil conditions, as measured during the dry season.

b.    Grading activities shall follow existing topographic contours to the maximum extent possible.

c.    Changes to preexisting ground elevations shall be minimized.

d.    Use of retaining walls which allow the maintenance of existing natural slope areas is preferred over graded artificial slopes. Retaining walls and high foundations on the underside of buildings shall be screened by vegetation.

5.    Structure Requirements.

a.    Structures and improvements shall conform to the natural contour of the slope with foundations tiered to conform to the existing topography.

b.    Standard prepared building pads (slab on grade) resulting in grading more than 10 feet outside the building footprint area are prohibited.

c.    Use of common access drives and utility corridors is required where feasible.

d.    Under structure parking and multilevel structures shall be incorporated where feasible.

e.    Roads, walkways and parking areas shall be designed to follow the natural contours of the hillsides while maintaining consolidated areas of natural topography and vegetation. Access shall be located in the least sensitive area feasible.

f.    Use of foundation walls as retaining walls is preferable to rock or concrete walls built separately and away from the building. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation.

g.    Use of pole-type construction which conforms to the existing topography is preferred.

h.    Structures shall be tiered to conform to existing topography and to minimize topographic modification. Piled deck support structures are preferable for parking or garages to fill-based construction types. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005. Formerly 12.60.030).

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