Chapter 18.21
CBC CAPITOL BOULEVARD COMMUNITY ZONE DISTRICT

Sections:

18.21.010    Intent.

18.21.020    Definitions.

18.21.030    Permitted uses.

18.21.040    Accessory uses.

18.21.050    Conditional uses.

18.21.060    Development standards.

18.21.065    Park and open space.

18.21.070    Capitol Boulevard Community zone design guidelines.

18.21.010 Intent.

It is the intent of the Capitol Boulevard Community (CBC) zone to provide for a broad spectrum of compatible, mutually supporting uses in close proximity.

Over time, areas in this zone district are envisioned to incrementally change from strip commercial development and other low-intensity or non-pedestrian-oriented uses into a mixed use, pedestrian-, auto- and transit-oriented corridor.

The CBC zone is intended to foster development that:

A.    Creates vibrant places and increases business activity, especially for pedestrian-oriented businesses.

B.    Increases security.

C.    Promotes efficient use of facilities.

D.    Encourages a variety of businesses, especially those that appeal to pedestrians and/or serve the needs of the surrounding neighborhood.

E.    Balances all modes of transportation by increasing access for pedestrians, bicycles and transit, and by providing commercial services, recreation facilities and employment opportunities near to residences, thus lessening the need to drive.

F.    Provides affordable housing by reducing development costs and encouraging a greater variety of housing options.

G.    Creates a pedestrian- and bicycle-friendly environment with well-designed streets and public open spaces.

H.    Provides a sense of community and place with quality community design.

(Ord. O2013-025, Added, 01/07/2014)

18.21.020 Definitions.

“Mixed use development” means the development of a parcel or structure including a commercial use with a multi-family residential use. Mixed use is characterized by:

A.    Complementary land uses – land uses that are at least compatible and, preferably, work together for mutual benefit (e.g., personal commercial services that serve adjacent residences); and

B.    Convenient pedestrian connections.

(Ord. O2013-025, Added, 01/07/2014)

18.21.030 Permitted uses.

Uses permitted in the Capitol Boulevard Community zone district are as follows:

A.    Professional services;

B.    Retail sales;

C.    General offices;

D.    Support facilities;

E.    Parks, open space areas and recreational facilities;

F.    Restaurants, taverns, cocktail lounges, brew pubs and similar dining and drinking establishments;

G.    Post offices;

H.    Motels, hotels;

I.    Planned unit development (PUD) (see TMC Chapter 18.36);

J.    Medical clinics;

K.    Child day care center, child mini-day care center;

L.    Adult family homes, residential care facilities;

M.    Group foster homes;

N.    Private clubs and lodges;

O.    Family child care home;

P.    All residential uses, provided the minimum density standards in TMC 18.21.060 are met;

Q.    Personal services;

R.    Schools;

S.    Churches, synagogues, mosques and similar places of worship;

T.    Library, museum, art gallery and similar institutions;

U.    All uses not permitted which were legally established prior to January 1, 2013, except where there is a cessation of the use for two or more years. A legal nonconforming use, established prior to January 1, 2013, that is required to relocate under threat of eminent domain shall be allowed as a permitted use consistent with this subsection;

V.    Civic center complex;

W.    Centers for senior citizens, youth, general community, and similar groups;

X.    Entertainment facilities;

Y.    Senior housing facilities, independent and assisted;

Z.    Electric vehicle infrastructure;

AA.    Community gardens;

BB.    Farmers markets;

CC.    Dance clubs, provided they are located north of Lee Street;

DD.    Detached parking structures;

EE.    Movie theaters, playhouses and similar performance and assembly facilities;

FF.    Marijuana retailers;

GG.    Breweries, wineries, distilleries;

HH.    Animal clinics or hospitals;

II.    Optometry clinics;

JJ.    Convalescent centers, rest homes, nursing homes;

KK.    Temporary expansions of schools, such as portable classrooms;

LL.    Food trucks or trailers in accordance with TMC 18.42.120;

MM.    Food truck or trailer courts in accordance with TMC 18.42.120;

NN.    Permanent supportive housing, subject to TMC 18.42.150;

OO.    Transitional housing, subject to TMC 18.42.150;

PP.    Emergency housing, subject to TMC 18.42.150;

QQ.    Emergency shelter, subject to TMC 18.42.150.

(Ord. O2022-013, Amended, 10/04/2022; Ord. O2021-019, Amended, 01/18/2022; Ord. O2020-005, Amended, 03/16/2021; Ord. O2019-020, Amended, 11/19/2019; Ord. O2017-006, Amended, 07/18/2017; Ord. O2016-006, Amended, 06/07/2016; Ord. O2013-025, Added, 01/07/2014)

18.21.040 Accessory uses.

Accessory uses in the Capitol Boulevard Community zone district are as follows:

A.    All uses customarily accessory to permitted uses;

B.    Home occupation, as approved by the community development director;

C.    Accessory parking structures;

D.    Supportive housing facilities such as emergency housing, emergency shelters, permanent supportive housing, and transitional housing are permitted as an accessory use only as part of a permitted church use. Such supportive housing facilities shall not exceed twenty percent of the total building square footage of a church use and are subject to the requirements of TMC 18.42.150.

(Ord. O2021-019, Amended, 01/18/2022; Ord. O2013-025, Added, 01/07/2014)

18.21.050 Conditional uses.

Conditional uses in the Capitol Boulevard Community zone district are as follows:

A.    Retail nurseries provided they include retail garden shops;

B.    The following essential public facilities:

1.    State education facilities;

2.    Mental health facilities (including but not limited to: congregate care facilities; adult residential treatment facilities; evaluation and treatment centers);

3.    Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities);

C.    Parking lots and structures as separate, primary uses;

D.    Automobile service stations;

F.    Private post-secondary education facility.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Added, 01/07/2014)

18.21.060 Development standards.

Development standards in the Capitol Boulevard Community zone district are intended to achieve a human-scale, pedestrian- and transit-oriented environment:

A.    For properties located in the CBC zone – North Trosper district, illustrated in Figure 18.21.070.1, all development, except for those exceptions listed in TMC 18.21.070, shall meet the following. Subdivision of lots cannot be used to subvert this requirement.

1.    All development on lots containing only commercial uses shall meet the following:

a.    A minimum floor area ratio (FAR) of 0.4 or a total of forty square feet of gross area per one hundred square feet of site area is required.

b.    The maximum floor area ratio (FAR) shall be 4.0 or a total of four hundred square feet of gross area per one hundred square feet of site area.

2.    All development on lots containing only residential uses shall have an average net density of at least thirty dwelling units per net acre. This is calculated by dividing the number of units on the site by the total area of the site. Where the site includes through streets or access ways used by the general public, those streets are not counted as part of the site area.

3.    Mixed use development containing both residential and nonresidential uses shall have a minimum floor area ratio (FAR) of 0.25 or a total of twenty-five square feet of gross floor area per one hundred square feet of site area.

4.    Inter-Site Connectivity. Better vehicle and pedestrian circulation is a high priority in this area, so connecting parking lots, drives, walkways, and accessways within and between properties is required. Such access may be in the form of a dedicated or private alley, connected or shared parking lots, shared driveways, or similar features. The intent of this requirement is to provide greater connectivity to facilitate future access to all properties and relieve congestion caused by multiple driveways on Capitol Boulevard. The director may require that such through access be provided by rearranging site features.

5.    Maximum Heights. Structures are allowed up to sixty-five feet in height in the North Trosper district except for the areas between Linda Street and Lee Street on the east side of Capitol Boulevard where structure height shall be limited to fifty feet. Note: New mixed use or multifamily projects with a total of thirty or more dwelling units in the North Trosper district that provide thirty percent of those units as permanently affordable housing units would be allowed an additional maximum building height increase of ten feet, subject to other neighborhood compatibility height restrictions in TMC Chapter 18.21 and imaginary airspace surface limitations. This would create a new maximum height limit of seventy-five feet in the North Trosper district except for the areas between Linda Street and Lee Street on the east side of Capitol Boulevard where structure height shall be limited to fifty feet. Projects providing permanently affordable housing units by this method would have to meet the requirements of TMC 18.42.140.

B.    For properties in the CBC zone North Neighborhood Center and CBC zone South Neighborhood Center illustrated on map Figure 18.21.070.1, all new development, except for those exceptions listed in TMC 18.21.070, must meet the following:

1.    Properties greater than two acres in size must include both commercial and residential uses that meet the following:

a.    The floor area ratio for commercial portions of the development must be at least 0.4 FAR.

b.    The minimum density of residential development is thirty dwelling units per acre for residential portions of the site.

c.    For uses that are mixed vertically (e.g., residential over commercial uses in the same building), these minimum density and FAR requirements do not apply.

2.    Properties two acres in size and smaller but greater than half-acre in size must include one of the following:

a.    For development consisting of solely commercial uses, a minimum floor area ratio (FAR) of 0.4 (a total of forty square feet of gross area per one hundred square feet of site area).

b.    For development consisting of both commercial and residential uses, no minimum FAR applies.

3.    Properties less than half-acre in size do not have to comply with the above requirements.

4.    Maximum Heights. Structures are limited to sixty-five feet maximum height in the North Neighborhood Center and are limited to fifty feet in the South Neighborhood Center (see Figure 18.21.070.1).

a.    New multifamily or mixed use projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the North Neighborhood Center district would be allowed a maximum building height increase of ten feet, subject to other neighborhood compatibility height restrictions in TMC Chapter 18.21 and imaginary airspace surface limitations. This would create a new maximum height limit of seventy-five feet in the North Neighborhood Center district. Projects providing permanently affordable housing units by this method would have to meet the requirements of TMC 18.42.140.

b.    For properties larger than ten acres in size, portions of buildings that are within forty-five feet of properties in single-family zone districts shall be limited to twenty-five feet in height.

C.    The requirements of subsections A and B of this section may be modified for a particular development application by the community development director based upon a finding that the proposed development can conform to other requirements of the Capitol Boulevard Community zone district, is designed to accommodate the pedestrian emphasis, incorporates residential uses, and is compatible and complementary to surrounding uses in the district. Any departures from the provisions of this section must meet the intent of this section (i.e., supporting a mixed use district with transit supportive land use intensities, excellent pedestrian, bicycle and local vehicular circulation, pedestrian amenities and open space) to a degree at least as significant as the standards in subsections A and B of this section.

D.    Landscaping and Open Space. Developments must meet the requirements for landscaping and open space as specified in the Capitol Boulevard Community zone design guidelines.

E.    Setbacks and Yard Area.

1.    Front: All development must be set back from the curb line at least twelve feet in order to provide for sidewalks and landscaping with street trees. Additionally, buildings and other structures and landscaping must be located so that they do not create a hazard by obstructing motorists’ or pedestrians’ visibility (infringement of the sight triangle).

2.    Side: no minimum.

3.    Rear: no minimum except as required for landscaping, emergency access, visibility needed for safety and inter-site connectivity (see Capitol Boulevard Community zone design guideline B.3.1).

F.    Where any structures or portions of structures containing any permitted, accessory and/or conditional use allowed by this chapter are adjacent to any single-family residential zone districts, the minimum setback shall be twenty feet and shall be screened from view in accordance with TMC Chapter 18.47.

1.    For buildings on the south side of the Department of Transportation site that abut the residential homes on Pinehurst Street, the setback for buildings shall be twenty-five feet and shall be screened from view in accordance with TMC Chapter 18.47.

G.    Open Storage. Open storage is prohibited. Long-term parking of operational company cars, light trucks, and vans within parking lots accessory to the main use shall not be construed to be open storage.

H.    Conversion of Existing Structures. An existing residential structure may be converted to a commercial or office use within the existing footprint of the structure without triggering the FAR or minimum residential density requirements if the structure is brought into conformance with the building code for such uses, and all site plan review and public works standards including right-of-way frontage improvement requirements can be met, with the exception of setbacks of existing buildings.

I.    Building/Structure Step Back and Height. Structures are limited to fifty feet in height in the CBC zone district, except as allowed specifically in subsections A and B of this section.

For properties adjacent to a single-family residential zone district, the following step back requirements shall be met:

1.    Portions of structures less than forty-five feet away from a single-family zone district may be up to thirty-five feet in height.

2.    Portions of structures at least forty-five feet away from a single-family zone district may be up to forty-five feet in height.

3.    Portions of structures at least fifty-five feet away from a single-family zone district may be up to fifty-five feet in height.

4.    Portions of structures at least sixty-five feet away from a single-family zone district may be up to sixty-five feet in height.

See Figure 18.21.060.F.1.

Figure 18.21.060.F.1 Building Step Back and Setback Examples

J.    Signs. Signs must meet the requirements of TMC Chapter 18.44.

K.    Pedestrian Access.

1.    An on-site pedestrian circulation system which links the street and the primary entrance(s) of the structure(s) and the parking areas with the buildings shall be provided. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments. Convenient pedestrian access to transit stops shall be provided as approved by the community development director.

2.    Sidewalks, walkways or pedestrian systems on public property shall be required and constructed according to the city’s road development standards.

3.    Where the pedestrian circulation system crosses driveways, parking areas, and loading areas, pedestrian surfaces must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the community development director. Striping may be permitted only in conjunction with at least one of the preceding methods.

L.    Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character, both in terms of illumination and fixtures. Site lighting shall meet the standards of TMC 18.40.035, Exterior illumination.

M.    Drive-through facilities for food and beverages constructed after January 1, 2013, are not permitted in the South Neighborhood Center and are not permitted north of “T” Street in the North Neighborhood Center as shown in Figure 18.21.070.1. Where drive-through facilities are allowed, they shall meet the standards in TMC Chapter 18.50 and TMC 18.43.020.

N.    Notwithstanding the requirements in TMC 18.50.070, the number of required parking spaces for multifamily dwellings shall not be more than one off-street space per studio apartment, one and one-half spaces per one- to two-bedroom dwelling unit, two spaces per three- or more bedroom dwelling units, and one guest space for every ten units.

(Ord. O2022-013, Amended, 10/04/2022; Ord. O2020-005, Amended, 03/16/2021; Ord. O2013-025, Added, 01/07/2014)

18.21.065 Park and open space.

A.    New development in the CBC zone district shall first meet the Capitol Boulevard Community zone development standards in TMC 18.21.060 and the Capitol Boulevard Community zone development guidelines in TMC 18.21.070.

B.    If is determined that those development standards in TMC 18.21.060 and the Capitol Boulevard Community zone development guidelines in TMC 18.21.070 do not apply, then new development in the CBC zone district shall set aside land for park and open space area as specified in TMC 17.12.210 and 18.42.130 and the citywide design guidelines.

(Ord. O2020-015, Added, 02/16/2021)

18.21.070 Capitol Boulevard Community zone design guidelines.

In addition to the provisions of this chapter, the Capitol Boulevard Community zone design guidelines shall apply to all properties within the Capitol Boulevard Community zone. Where there is a conflict between this chapter and other applicable city requirements, the Capitol Boulevard Community zone design guidelines shall apply.

Figure 18.21.070.1 Capitol Boulevard Community Zone Map

(Ord. O2013-025, Added, 01/07/2014)