Chapter 25.41 MIXED USE VILLAGE

Chapter 25.41
MIXED USE VILLAGE

Sections:

25.41.010 Purpose.

25.41.015 Definitions.

25.41.020 Land uses.

25.41.025 Additional conditional use criteria.

25.41.030 Maximum residential density.

25.41.040 Maximum nonresidential floor area ratio (FAR).

25.41.050 Performance standards.

25.41.060 Design standards.

25.41.070 Design review.

25.41.080 Site plan approval.

25.41.090 Transportation corridor accommodation.

25.41.010 Purpose.

The mixed use village (MUV) is intended to provide a location for a spectrum of future services, recreation, employment, and living options arranged in a mixed use village. This district is intended to provide area for those uses that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. Light manufacturing uses with excessive impacts such as noise or emission of significant quantities of dirt, dust, odor, radiation, glare or other pollutants are prohibited. The MUV zoning district is established to implement the Old Fort Lake subarea plan and the applicable goals and policies for the Old Fort Lake area as listed in the city of DuPont subarea plan. The MUV is applicable to the designated areas delineated in the comprehensive plan and the zoning map. The MUV includes nine subdistricts that define standards for allowed land uses, development scale, aesthetics, and compatibility. The MUV subdistricts are described as follows:

(1) MUV-1: This subdistrict is intended to support a mix of uses that includes neighborhood-oriented commercial/restaurant uses, hotel, housing, public/community uses, office, light manufacturing, and research and development.

(2) MUV-2. This subdistrict is intended to support a mix of uses that includes neighborhood-oriented commercial/restaurant uses, hotel, housing, office, light manufacturing, and research and development.

(3) MUV-3. This subdistrict is intended to support a mix of uses that includes neighborhood-oriented commercial/restaurant uses, multifamily housing, public/community uses, office, light manufacturing, and research and development.

(4) MUV-4. This subdistrict is intended to support smaller-scale employment and neighborhood-oriented commercial/restaurant uses. The subdistrict is intended to develop with appropriate buffering and building-scale limitations to ensure compatibility with the nearby residential and school properties.

(5) MUV-5. This subdistrict is intended to be a primary employment area that allows office, light manufacturing, and research and development.

(6) MUV-6. This subdistrict is intended to be a primary employment area that allows office, light manufacturing, and research and development. This subdistrict also supports specialty commercial/restaurant uses.

(7) MUV-7. This subdistrict is intended to support a mix of uses that includes neighborhood-oriented commercial/restaurant uses, community/cultural uses, office, light manufacturing, and research and development.

(8) MUV-8. This subdistrict is intended to be an employment area with supportive residential that allows office, light manufacturing, research and development, community/cultural uses, and multifamily housing.

(9) MUV-9. This subdistrict is intended to support active recreation and supporting land uses such as commercial/restaurant, administrative office, and hotels. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.015 Definitions.

The definitions in this section only apply to Chapter 25.41 of the DMC.

(1) “Light manufacturing” means an indoor facility used for the assembly, fabrication, and conversion of semi-processed material into finished products, where the intensity, scale, and characteristics of the operation are unlikely to negatively impact surrounding land uses. Light manufacturing also includes intermediate services such as machining, welding, grinding, and machine/industrial repair. Examples of light manufacturing uses include, but are not limited to, clothing and fabric manufacturing; food and beverage products, including ice production; electronic, optical, and instrumentation assembly; jewelry production; and manufacturing musical instruments. Outdoor storage or processing of equipment or materials is prohibited. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.020 Land uses.

(1) Land uses allowed within the MUV and its subdistricts are identified in Table 25.41.020(a).

(a) A “P” in Table 25.41.020(a) indicates that the specific use is a permitted use.

(b) An “A” in Table 25.41.020(a) indicates that the specific use is permitted as an accessory use to other uses within the district. Where an “A,” a slash (/), and a letter are displayed in the table (e.g., A/P), the use may be permitted as an accessory use or established as a standalone use subject to the corresponding review procedure (indicated by the “P” or “C”).

(d) A blank in Table 25.41.020(a) indicates that the specific use is prohibited in the subdistrict.

(e) Uses may be further defined, restricted, and/or limited pursuant to an approved master plan. In such cases where a master plan is approved for a property, the allowable uses shall be governed by the master plan.

Table 25.41.020(a): Table of Land Uses
LEGEND: P = Permitted Use C = Conditional Use A = Accessory Use Blank = Use Not Allowed NOTES: (a) - Uses may be further defined, restricted, and/or limited in an approved master plan.
Land Use \| MUV Subdistrict	MUV-1	MUV-2	MUV-3	MUV-4	MUV-5	MUV-6	MUV-7	MUV-8	MUV-9
Open space/passive recreation(1)	A	A	A	A	A	A	A	A	P
Commercial recreation facilities such as golf, tennis, swimming and all indoor commercial recreation facilities(1)	P	P	P	P	A	P	P		P
Service businesses	P	P	P	P	P	P	P		A
Retail trade (individual tenant spaces up to 20,000 sf)	P	P	P	P	A	P	P	A	A
Retail trade (individual tenant spaces over 20,000 sf)	C	C	C	C		C	C		C
Restaurant and drinking establishments	P	P	P	P	A	P	P		A
Hotel (up to 150 rooms)	P	P							P
Hotel (over 150 rooms)	P	P							C
Multifamily residences(1)	P	P	P					P
Single-family residences(1)	P	P
Family day care	P	P	P
Child day care centers(1)	A/C	A/C	A/C	A/C	A/C	A/C	A/C	A/C
Home occupations	A	A	A					A
Convention center	P		P						A
Cultural/community center(1)	P		P	P			P	P	P
Public uses other than parks and K-12 schools(1)	P		P	P					A
Office	P	P	P	P	P	P	P	P	A
Light manufacturing (up to 200,000 sf)	P	P	P	P	P	P	P	P
Light manufacturing (over 200,000 sf)	C	C	C		C	C	C	C
Research and development	P	P	P	P	P	P	P	P
Utility facility	P	P	P	P	P	P	P	P	A
Wireless communication facility, attached	A	A	A	A	A	A	A	A	A
Educational institutions(1)	P	P	P	P					A
Notes: (1) Further Land Use Restrictions. These uses may be further restricted based on a State of Washington Department of Ecology Consent Decree and/or private restrictive covenant. These uses may only be allowed when not prohibited/restricted by a consent decree and/or restrictive covenant. The applicant shall demonstrate compliance as part of the land use and/or building permit review.

(2) The following uses and development types are specifically prohibited in all MUV subdistricts:

(a) Drive-through facilities.

(b) Gas stations/car washes.

(d) Vehicle sales.

(e) Service businesses such as wrecking yards, bulk fuel distributors, automotive repair, heavy equipment repair, mini-storage and like uses are prohibited.

(f) Adult entertainment.

(g) Warehouse/distribution. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.025 Additional conditional use criteria.

(1) In addition to the required criteria in DMC 25.135.030, the following criteria shall apply to all conditional use applications in the MUV zoning district:

(a) Applications shall include a truck routing plan for the proposed development. The proposal shall include provisions for establishing a truck staging area to prevent truck parking and idling on streets and/or within residential neighborhoods. Parking, idling or staging of trucks in residential areas is prohibited.

(b) Applications shall include the proposed building elevations and a building materials list. Projects are allowed to be conditioned to ensure the building mass and design is compatible with the surrounding land uses. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.030 Maximum residential density.

(1) Multifamily Residences.

(a) Multifamily residential shall be limited to 24 dwelling units per gross acre. The area used for calculating the allowable density shall be based on the lot/parcel used for the residential development. The community development director, or designee, may interpret the land area used for density calculation.

(b) The total MUV subdistricts shall be limited to 1,000 multifamily dwelling units. The city shall maintain a ledger of approved multifamily dwelling units in determining whether multifamily dwelling units are available for future development.

(2) Single-Family Residences.

(a) Single-family residences shall be limited to three dwelling units per gross acre. The area used for calculating the allowable density shall be based on the lot/parcel used for the residential development; the density calculation may be based on the area prior to platting individual single-family lots. The community development director, or designee, may interpret the land area used for density calculation.

(b) The total MUV subdistricts shall be limited to 100 single-family dwelling units. The city shall maintain a ledger of approved single-family dwelling units in determining whether single-family dwelling units are available for future development. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.040 Maximum nonresidential floor area ratio (FAR).

(1) Nonresidential uses shall have a maximum 0.30 FAR.

(2) The area used for calculating the allowable FAR shall be based on the lot/parcel used for the nonresidential development. The community development director, or designee, may interpret the land area used for calculation.

(3) For mixed use building, the portions of the building devoted for residential dwellings and their ancillary uses shall be exempt from FAR standards.

(4) Nonresidential uses may seek an intensity bonus up to a maximum 0.40 FAR through an approved master plan (Chapter 25.152 DMC). (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.050 Performance standards.

Development within the MUV shall be regulated by the following performance standards:

(1) The dimension standards for the MUV are established pursuant to Table 25.41.050(a).

Table 25.41.050(a): Dimensional Standards
Standard \| MUV Subdistricts	MUV-1, MUV-2, and MUV-3	MUV-4, MUV-5, MUV-6, MUV-7 and MUV-8	MUV-9
Setbacks: Note: Front setbacks may be reduced or omitted to comply with applicable design regulations and guidelines as set forth in this chapter.	Single-Family: Front: 20 feet Side: 5 feet Rear: 10 feet Abutting a golf course: 20 feet Multifamily: Front: 20 feet Side: 10 feet Rear: 10 feet Abutting a golf course: 20 feet Nonresidential:(1) Front: 10 feet Side: 10 feet Rear: 10 feet Abutting a golf course: 20 feet	Nonresidential:(1) Front: 25 feet Side: 25 feet Rear: 25 feet Abutting a golf course: 30 feet PLUS Any building wall over 40 feet high shall be set back at least an additional one foot for each foot in height over 40 feet.	Multifamily: Front: 20 feet Side: 10 feet Rear: 10 feet Abutting a golf course: 20 feet Nonresidential:(1) Front: 20 feet Side: 10 feet Rear: 10 feet Abutting a golf course: 20 feet
Height: Note: Mechanical equipment and its screening shall not be included in height calculation. When considering mechanical equipment, DMC 25.05.040, Rules of interpretation, shall be applied.	Single-Family: Building height shall not exceed 35 feet in height. Multifamily: Building height shall not exceed 55 feet in height. Nonresidential and mixed use buildings: Building height shall not exceed 65 feet in height. PLUS Any portion of a building located within 150 feet of a residential district shall be limited to 35 feet in height. PLUS Any portion of a building located within 50 feet of a golf course shall be limited to 35 feet in height.	Nonresidential: Building height shall not exceed 65 feet in height. PLUS Any portion of a building located within 150 feet of a residential district shall be limited to 35 feet in height. PLUS Any portion of a building located within 50 feet of a golf course shall be limited to 35 feet in height.	Multifamily: Building height shall not exceed 55 feet in height. Nonresidential and mixed-use buildings: Building height shall not exceed 65 feet in height. PLUS Any portion of a building located within 50 feet of a golf course shall be limited to 35 feet in height.
Lot Area:	Single-Family: Minimum 5,000 square feet Multifamily: There shall be no minimum lot area. Nonresidential and mixed-use buildings: There shall be no minimum lot area.	Nonresidential: There shall be no minimum lot area.	Multifamily: There shall be no minimum lot area. Nonresidential and mixed-use buildings: There shall be no minimum lot area.
Lot Coverage:	There shall be no maximum lot area coverage except as necessary to meet setback and landscaping requirements.	There shall be no maximum lot area coverage except as necessary to meet setback and landscaping requirements.	There shall be no maximum lot area coverage except as necessary to meet setback and landscaping requirements.
Notes: (1) The design standards in DMC 25.41.060(3) shall apply in addition to the dimensional standards.

(2) Reserved.

(3) Reserved.

(4) Reserved.

(5) Parking and loading areas shall be provided as required by Chapter 25.95 DMC.

(6) Landscaping. Landscaping shall be provided as required by Chapter 25.90 DMC. Buffer requirements shall be applied pursuant to the standards listed in the Chapter 25.10 DMC “buffer” definition.

(a) Multifamily, commercial, office, and mixed-use sites shall provide the following buffers:

(i) Sites abutting a golf course or open space district shall be screened by a light landscape buffer and/or a stormwater facility.

(ii) Sites abutting a residential district shall be screened by a moderate landscape buffer.

(iii) Sites abutting an arterial or collector roadway shall be screened by a light landscape buffer.

(b) Light manufacturing sites and similar uses shall provide the following buffers:

(i) Sites abutting a golf course or open space district shall be screened by a full landscape buffer.

(ii) Sites abutting a residential district shall be screened by a full landscape buffer.

(iii) Sites abutting an arterial or collector roadway shall be screened by a moderate landscape buffer.

(c) Buffer requirements may be administratively adjusted as part of the site plan review process. Buffers may be modified to a light buffer for the portion of the site that is occupied by office, commercial, restaurant, and/or open space uses (e.g., the portions of a manufacturing building that are dedicated for offices). Buffers may also be reduced or omitted to comply with applicable design regulations and guidelines as set forth in this chapter.

(d) Landscaping practices that align with low impact development (LID) methods may be applied towards the minimum landscaping area requirements for the site. For LID methods to be applied, landscaping shall follow the best management practices (BMP) as required by the city’s stormwater management program.

(7) Exterior Mechanical Equipment. All HVAC equipment, pumps, heaters and other mechanical equipment shall be fully screened from view from public rights-of-way.

(8) Outdoor Storage. Outdoor storage, if located between a building and street or side of the building and visible from a street at other than a driveway entrance, shall be screened by a six-foot-high solid fence or wall.

(9) Trash Enclosures. The design of trash enclosures shall comply with Chapter 25.100 DMC.

(10) Signage. Signage shall comply with Chapter 25.116 DMC. Signs are prohibited on individual single-family lots.

(11) Noise levels shall not exceed the maximum allowed in Chapter 9.09 DMC (Sound and Vibration) for Class B (commercial) environmental designations.

(12) Air emissions shall comply with applicable regulations of the Puget Sound Air Pollution Control Authority. No visible, frequent smoke shall be emitted and no dust from the site shall be detectable by a person of ordinary sensitivity without instruments at any point outside the lot lines of the industrial use.

(13) Emission of offensive gases or vapors shall not be permitted to exceed the odor threshold as measured at any point along the lot or lots on which the use or structure is located.

(14) Outdoor lighting shall be designed to minimize light throw beyond the site. Outdoor light poles shall not exceed 30 feet. A photometric plan shall be submitted as part of site plan review.

(15) Hazardous Substance or Waste Storage. Incidental hazardous materials storage or use may be allowed in conjunction with a primary permitted use. All properties shall be subject to State Hazardous Waste Regulations of Chapter 173-303 WAC and Chapter 70.105 RCW and as amended. Nothing in this section shall preclude storage of diesel fuel stored on site for emergency generators. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.060 Design standards.

(1) Multifamily buildings shall be subject to the multifamily design regulations and guidelines (Chapter 25.65 DMC). Where those provisions conflict with the MUV requirements, the standards of this chapter shall take precedence.

(2) Commercial, restaurant, office, and mixed-use structures shall be subject to the commercial and mixed use design regulations and guidelines (Chapter 25.70 DMC). Light manufacturing and research and development buildings shall comply with subsection (3) of this section. Where those provisions conflict with the MUV requirements, the standards of this chapter shall take precedence.

(3) Light manufacturing, research and development, and like buildings shall be subject to the following design guidelines:

(a) Blank walls greater than 50 feet in length along the front and side of a building shall be softened either by planting large, 12-foot minimum trees adjacent to the building, by wood trellises on the building, or by similar means.

(b) Entrances shall be emphasized with architecturally distinctive elements such as a covered walk, gabled roof, landscaping, or similar means. Earth-berming at the base of the facade is encouraged for large-scale structures. Building designs for multi-phase campuses are encouraged to be of similar character.

(c) Parking areas shall be located at the rear of buildings or separated from public rights-of-way by a moderate buffer (see Chapter 25.90 DMC).

(d) Loading docks, service areas, and semi truck parking areas shall be located at the rear of buildings or separated from public rights-of-way by a full buffer (see Chapter 25.90 DMC).

(4) Pedestrian Amenities.

(a) All roadways shall include sidewalks and/or a multi-use trail to facilitate pedestrian circulation.

(b) All buildings shall have a direct, paved pedestrian connection from the front entrance to the nearest street sidewalk.

(c) Surface parking lots shall be designed with a designated pedestrian pathway that connects to a prominent building access door. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.070 Design review.

Design review is required for all multifamily, nonresidential, and mixed use projects as set forth in DMC 25.175.010. Design review may be processed concurrently with the site plan approval process. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.080 Site plan approval.

Site plan approval is required for all multifamily, nonresidential, and mixed use projects as set forth in Chapter 25.150 DMC. (Ord. 18-1034 § 2 (Exhs. 6, 7))

25.41.090 Transportation corridor accommodation.

Any proposed site plan, plat and/or binding site plan shall accommodate roadways, trails, and other rights-of-way as depicted in the Old Fort Lake subarea plan. The community development director may allow roadway alignments to be adjusted to respond to documented cultural resources and/or critical areas subject. (Ord. 18-1034 § 2 (Exhs. 6, 7))