Chapter 21.61
ALDERWOOD-CITY CENTER TRANSITION AREA (ACC) ZONE

Sections:

21.61.100    Purpose.

21.61.150    Interpretation.

21.61.250    Permitted uses.

21.61.260    Prohibited uses.

21.61.300    Project design review.

21.61.400    Development standards.

21.61.450    Repealed.

21.61.460    Repealed.

21.61.470    Repealed.

21.61.480    Repealed.

21.61.600    Nonconforming uses and structures.

21.61.100 Purpose.

The Alderwood-city center transition area (“transition area”) is located in between the city center, the Alderwood Mall area, and a single-family neighborhood on the west side of 36th Avenue W. The transition area provides a point of connection between the city center and the Alderwood Mall, each of which is a center of substantial activity and is planned for substantial growth and development. At the same time, the proximity of a single-family neighborhood (west of 36th Avenue W) means that redevelopment and use of properties in the transition area must be appropriately regulated. Therefore, the Alderwood-city center transition area zone (ACC) is intended to promote development and redevelopment of the transition area in a manner that takes advantage of current and foreseeable opportunities in the real estate market while providing protection for the single-family neighborhood. This zone will create the linkage/connection between the Alderwood Mall area and the city center by allowing a mix of land uses that complements the two areas (Alderwood Mall and the city center) but at a lower intensity than the city center and in a manner that minimizes impacts on the residential area to the west. In particular, development along the frontage of 36th Avenue W – that faces the single-family neighborhood – will be controlled and limited. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.150 Interpretation.

All regulations of the ACC zone and the transition area design guidelines shall apply to properties within the ACC zone. In the event of differences between the requirements of this zone and other chapters of this code, the provisions of the ACC zone shall prevail. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.250 Permitted uses.

A. Uses.

1. Multifamily dwellings.

2. Hotel/motel.

3. Offices (all types).

4. Personal care services (i.e., barber, hair salon, nail salon, tanning, etc.).

5. Banks and other financial institutions.

6. Medical clinics.

7. Hospitals.

8. Veterinarian clinic (may include boarding of and day care for small animals, provided all on-site activities are enclosed in a building).

9. Retail, but in the area between 36th Avenue W and 33rd Avenue W, up to 50,000 square feet per building.

10. Eating and drinking establishments, including outdoor dining as an accessory use.

11. Colleges, universities, trade and professional schools, technical and vocational schools.

12. Athletic clubs and facilities.

13. Municipal services.

14. Research and development.

15. Assembly of wood, light metal, glass, electronic, electrical or plastic parts or components which are extruded, stamped, manufactured, shaped, or prepared elsewhere, not precluding minor processes such as cutting, drilling, soldering, or minor welding.

16. Printing, publishing and electronic media businesses such as copy centers.

17. Testing, servicing and repairing of goods.

18. Clubhouse and fraternal, social, recreation and other not-for-profit associations.

19. Libraries, museums, and similar cultural uses.

20. Wireless communication facilities (attached).

21. Child day care.

22. Live/work spaces.

23. Cold storage.

24. Radio/TV stations.

25. Land uses not specifically listed in this section may be allowed when determined by the development and business services director to be compatible with the listed uses and consistent with the purpose of the Alderwood-city center transition area zone. The director’s written decision is subject to appeal per LMC 1.35.200 (Process II).

B. Uses Allowed by Conditional Use Permit.

1. Wireless communication facilities (not attached).

C. Allowed Accessory Uses.

1. Self-storage. Self-storage may occupy up to 20 percent gross floor area of multi-story buildings. All related outdoor display or storage is prohibited. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3077 § 2 (Exh. A), 2014)

21.61.260 Prohibited uses.

Uses not listed above as permitted outright or allowed by conditional use permit or allowed as an accessory use to a permitted primary use are prohibited in this zone. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.300 Project design review.

A. Design Guidelines. The following structures and parking facilities permitted in the Alderwood-city center zone shall comply with the Lynnwood transition area design guidelines (which are adopted by this reference as if fully set forth herein) and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter. For proposals in the Alderwood-city center zone, the citywide design guidelines shall be replaced with the transition area design guidelines.

1. Construction (or expansion) of any nonresidential structure or building with a gross floor area of more than 1,000 square feet.

2. Construction (or expansion) of any parking lot and/or parking structure with 20 or more stalls or paved parking area of 5,400 square feet or more.

3. Construction of or addition to any structure containing residential units.

B. Applicable Lynnwood transition area standards shall supersede any development standards and requirements of this title and other titles of this code that may conflict, unless otherwise specified in this chapter. Where transition area standards are silent, development standards provided elsewhere in LMC shall apply.

C. Gateways and Prominent Intersections. See city of Lynnwood zoning map to identify development project sites within a gateway or prominent intersection location. Such sites shall be subject to applicable gateway and/or prominent intersection design guidelines in the Lynnwood transition area design guidelines. If any portion of a project site lies within a gateway or prominent intersection location, then the entire project shall comply with the applicable design guidelines. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.400 Development standards.

A. Density (Multiple-Family Residential).

1. Maximum density: 70 dwelling units per acre. (Due to the city center environmental impact study, there is a cap of 300 dwelling units in the North End, including the ACC zone. When that number is reached, the future housing density will be analyzed.)

B. Minimum lot area: one acre.

C. Minimum lot width: 150 feet.

D. Minimum and Maximum Building Setbacks.

1. 36th Avenue W.

a. Minimum: 50 feet. The 50-foot setback shall consist of a minimum 10-foot-wide landscaping buffer from the property line along 36th Avenue W plus an additional 40 feet of open space. Surface and underground parking, plazas, landscaping or other open space is allowed in the additional 40 feet of open space. (See also Chapter 21.08 LMC for landscaping requirements.)

b. Maximum: none.

2. 33rd Avenue W.

a. Minimum: none.

b. Maximum: 10 feet, except that a larger setback is allowed to create pedestrian-oriented open space (such as a forecourt, a plaza or similar pedestrian-oriented environment).

3. 188th Street SW.

a. Minimum: 25 feet.

b. Maximum: none.

4. 194th Street SW extension (to be applied at such time the right-of-way exists):

a. Minimum: none.

b. Maximum: 10 feet, except that a larger setback is allowed to create pedestrian-oriented open space (such as a forecourt, a plaza or similar pedestrian-oriented environment).

5. Alderwood Mall Boulevard.

a. Minimum: 10 feet.

b. Maximum: none.

6. Interior property lines: none.

7. Maximum lot coverage: 70 percent.

E. Maximum Building Height.

1. See Table 21.61.01 for maximum building height.

 

Table 21.61.01: Maximum Building Height 

Distance from the East Right-of-Way Line of 36th Avenue W

Maximum Building Height

0 to 50 feet

0 (No buildings allowed)

0 to 300

50 feet

Greater than 300 feet

85 feet, 120 feet with a CUP

East side of 33rd Ave W

120 feet

F. Access Management and Vehicular Connections.

1. A building site or a group of building(s) or uses which are developed, owned, and managed as an operating unit (e.g., shopping center, business park, multiple-family complex) shall be allowed no more than one driveway access to 36th Avenue West. Additional driveways may be permitted subject to the approval of the public works director (see LMC 21.02.175).

G. Service Areas.

1. No service areas, including, but not limited to, trash dumpsters, compactors, refuse and recycling areas and mechanical equipment areas, shall be located within 40 feet of a public street or a residential zone.

2. Loading docks shall not be located within 100 feet of a residential zone or public street and shall be screened from direct views using materials compatible with the building.

3. All trash and recycling facilities shall either be located within the primary building or shall be enclosed with a solid structure with a minimum height of seven feet and a roof. However, if the service area is not visible from an adjacent property or public right-of-way, the enclosure does not require a roof. Exterior materials of the structure shall match or complement those of the primary project buildings; wood is not allowed as an exterior material.

H. Surface Parking and Parking Structures. As provided in Chapter 21.18 LMC; except that:

1. Residential surface parking shall have a minimum of one and a maximum of one and one-half spaces per dwelling unit.

2. The minimum setback and width of landscaping between a parking structure and a public street is reduced to 10 feet. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.450 Landscaping.

Repealed by Ord. 3326. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.460 Additional requirements – 36th Avenue W and 188th Street SW frontages.

Repealed by Ord. 3326. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.470 Additional requirements – 33rd Avenue W and the extension of 194th Street SW (from 36th Avenue W to 33rd Avenue W) street frontages.

Repealed by Ord. 3326. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.480 Additional requirements – Alderwood Mall Boulevard frontage.

Repealed by Ord. 3326. (Ord. 3077 § 2 (Exh. A), 2014)

21.61.600 Nonconforming uses and structures.

It is expected that much development within the ACC zone will be as a result of renovations and expansions as much as entirely new development. It is not the intent of the city to discourage such development, as new investment should enhance the image and appeal of the ACC. However, it is also necessary to ensure that all forms of development contribute positively to the character and quality of the area. The general principle to be applied is that changes to nonconforming conditions should not increase the degree of the nonconformity, but rather move the site and its uses and buildings towards greater conformity. Given the location and configuration of current buildings, application of all design standards may not be possible or practical; however, every effort should be made to comply with such standards for the portions of sites and buildings in proximity to the alterations being made. This section supersedes Chapter 21.12 LMC.

A. Nonconforming Uses. Any “prohibited” uses legally existing at the time of the adoption of the ordinance codified in this chapter shall be considered “legal nonconforming uses.” Such uses are not permitted to expand. Exterior landscaping, facade improvements, repair/maintenance or interior upgrades are permitted.

B. Nonconforming Sites. Throughout the ACC zone, there are many properties where site development existing at the time of the adoption of the ordinance codified in this chapter does not comply with the site design standards and guidelines in this chapter. Certain types of minor changes to existing site development would not trigger compliance with the development standards and design guidelines in this chapter, such as restriping of parking stalls, and new or altered signage (see Chapter 21.16 LMC) or lighting or renovation of landscaping. Any other site improvements, exterior renovation or expansion of building footprints shall incorporate site design features that bring the site more into compliance with the standards of the transition area design guidelines, regardless of whether or not the site improvements, renovation and/or expansion is subject to the design review requirements per LMC 21.61.300.

C. Nonconforming Buildings. Throughout the ACC zone, there are buildings and other structures existing at the adoption of the ordinance codified in this chapter that do not comply with the regulations in this chapter and transition area design guidelines. Expansion of building footprints or increases in building height of such structures shall incorporate standards that bring the site and building more into compliance with the requirements of this chapter and the ACC zone design guidelines. Compliance shall be localized to the area of the building being altered. Particular emphasis should be given to the provision of pedestrian amenities oriented towards the streets. For example, if a building is expanded towards the street, elements such as parking lot landscaping and pedestrian connections to the sidewalk are expected to be accomplished.

D. Alternative Process for Compliance. The development and business services director may approve a plan and design for alteration of a nonconforming site or building that does not fully comply with the requirements of subsections (B) and (C) of this section if the director finds that the alternative plan and design provides overall a greater degree of compliance with the principle of this section (as stated above). Appeals of the development and business services director’s decision shall be processed as a Process II application (LMC 1.35.200). (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3077 § 2 (Exh. A), 2014)