Chapter 18.14
MFM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL ZONE DISTRICT

Sections:

18.14.010    Intent.

18.14.020    Permitted uses.

18.14.030    Accessory uses.

18.14.040    Conditional uses.

18.14.050    Density regulations.

18.14.060    Conversion plans.

18.14.070    Screening and buffering requirements.

18.14.010 Intent.

The intent of the multifamily medium density residential (MFM) zone district is to:

A.    Provide for a high standard of development for residential areas of medium density including both single-family and multifamily housing;

B.    Provide designated areas in which a minimum net density of nine units per acre and a maximum net density of fifteen units per acre apply to promote the efficient use of land;

C.    Guide medium density residential development in such a manner as to encourage and plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, public transit, schools, parks and recreation;

D.    Encourage development of attractive residential areas that provide a sense of community, establish a pedestrian-friendly atmosphere and contain a variety of housing types;

E.    Ensure that development without municipal utilities is at a density and in a configuration that enables cost effective urban density in-fill development when municipal utilities become available.

(Ord. O95-035, Added, 12/19/1995)

18.14.020 Permitted uses.

Permitted uses in the MFM district are as follows:

A.    Single-family and multifamily dwellings;

B.    Duplex on at least six thousand square feet of land area;

C.    Designated manufactured homes on single lots of record, and in designated manufactured home parks, in accordance with the provisions of TMC Chapter 18.48;

D.    Designated manufactured home parks;

E.    Parks, trails, open space areas, and recreational facilities;

F.    Support facilities;

G.    Planned unit developments;

H.    Family child care home; child mini-day care center, subject to TMC Chapter 18.52;

I.    Adult family homes, residential care facilities;

J.    Any combination of the permitted uses listed in this section may be combined on one site, in accordance with the provisions of TMC 18.14.050;

K.    Attached wireless communication facilities, except that it is prohibited to attach a nonaccessory wireless communication antenna on a single-family or two-family dwelling;*

L.    Bed and breakfasts;

M.    Agriculture uses up to thirty acres in size which were established prior to January 1, 2011, subject to TMC 18.42.070;

N.    Community gardens;

O.    The housing, care and keeping of animals consistent with the requirements of TMC Chapter 6.08;

P.    Wildlife refuges and forest preserves.

*Wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-005, Amended, 09/07/2010; Ord. O2005-011, Amended, 07/05/2005; Ord. O2001-012, Amended, 03/19/2002; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Added, 12/19/1995)

18.14.030 Accessory uses.

Accessory uses in the MFM district are as follows:

A.    Storage sheds, toolsheds, greenhouses;

B.    Private parking garages or carports;

C.    Home occupations, subject to TMC 18.42.030;

D.    Noncommercial recreational structures, which could include but are not limited to swimming pools and recreational ball courts;

E.    Energy systems;

F.    Accessory dwelling unit, in accordance with the provisions of TMC 18.42.010;

G.    Boardinghouses and roominghouses;

H.    Neighborhood community center;

I.    Accessory wireless communication antenna;*

J.    Electric vehicle infrastructure.

*Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore both uses are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2010-029, Amended, 06/07/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-015, Amended, 09/07/2010; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.14.040 Conditional uses.

Conditional uses in the MFM zone district are as follows:

A.    Churches;

B.    Wireless communication towers;*

C.    Cemeteries;

D.    Child day care center;

E.    Schools;

F.    Neighborhood community center as a primary use;

G.    Neighborhood-oriented commercial center;

H.    Private clubs and lodges;

I.    Medical clinics or hospitals;

J.    The following essential public facilities:

1.    Emergency communications towers and antennas;*

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);

K.    Group foster homes;

L.    Recreational vehicle parks;

M.    Senior housing facilities;

N.    Temporary expansions of schools, such as portable classrooms.

*Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore both uses are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.14.050 Density regulations.

Density regulations in the MFM zone district are as follows:

A.    Site Area. All residential developments must meet the following density requirements:

1.    Minimum: nine dwelling units per acre;

2.    Maximum: fifteen dwelling units per acre, except that any density greater than fourteen dwelling units per acre shall be obtained only by purchase of transfer of development rights in accordance with TMC Chapter 18.57.

B.    Density Calculation. The calculation of the density requirements in subsection A of this section is based on the portion of the site devoted to residential and associated uses (e.g., dwelling units; private community clubs; open space; stormwater detention, treatment and infiltration). The following land is excluded from density calculations:

1.    Land that is required to be dedicated for public use as open space, right-of-way, or land on which development is prohibited by TMC Title 16, Environment, and land that is to be used for private roads. Provided, that portion of open space/park areas that consists of stormwater facilities and that is designed for active and/or passive recreational purposes in accordance with the drainage design and erosion control manual for Tumwater shall not be excluded from density calculations;

2.    Land that is intended for future phases of development created in accordance with TMC 18.14.060;

3.    Land that consists of lots devoted to uses other than residential and associated uses, including but not limited to churches, schools, and support facilities (except for stormwater detention, treatment and infiltration facilities).

C.    Division of Land Not on Public Sanitary Sewer. Division of land in areas without sewer must occur in a manner that maintains long-term potential to achieve minimum required densities and efficient provision of sewer once sewer becomes available. For a proposed division of land not required to be served by the extension of public sewer at the time of approval, a conversion plan shall be submitted in accordance with TMC 18.14.060 for the entire property, and the proposed land division shall be subject to the following:

1.    For land division of an existing lot of record created prior to September 15, 1998:

a.    Any division creating two lots shall not be subject to the minimum density requirements of subsection A of this section, provided one of the lots created is at least five acres in size. A note must be included on the recorded land division that future land divisions shall meet minimum density requirements of subsection A of this section in each phase of development.

b.    Any division creating more than two lots shall meet the minimum density requirements of subsection A of this section in each phase of development.

D.    Lot coverage, maximum impervious surface: seventy percent of total area of the lot.

E.    Structure height: forty feet, maximum; provided, however, that no structure shall penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.

F.    Yards.*

1.    Front: ten feet minimum from frontage property line.

a.    Driveways in front yards of single-family dwellings and duplexes must be a minimum of eighteen feet in length as measured along the shortest edge of the driveway starting from the front property line.

2.    Side: five feet from property line, minimum; provided, that side yards for single-family attached dwellings may be reduced to zero where attached.

3.    Rear: five feet from property line, minimum.

Where any structures or portions of structures, except for single-family dwellings, are adjacent to any single-family residential zoning district, the minimum setback shall be twenty feet. Where structures are constructed over one story, except for single-family dwellings, the setback from the adjacent property line or lines shall be increased by ten feet for every story above the ground level story of the proposed new building, and shall be completely screened from view in accordance with TMC Chapter 18.47.

G.    Yards Exception. Any side or rear yard, not abutting on a public or private street, may be reduced to zero, provided:

1.    That the yard area reduced by this procedure is added to the required setback on the opposite side of the site;

2.    The opposite side yard setback is no less than ten feet after the yard area has been added as described in subsection (F)(1) of this section;

3.    Where zero yard setback is used, the abutting site must be held under the same ownership at the time of initial construction or the owners of the abutting property(ies) record agreements or deed restrictions providing maintenance access and consent in writing to such zero yard setback;

4.    The adjacent setback for such abutting property(ies) is not less than ten feet.

H.    Open Space/Park Area. For developments in which more than one-half the dwelling units are multifamily units, a minimum of fifteen percent of the gross site area shall be set aside and utilized as open space/park area for use and enjoyment of future residents. For developments in which more than one-half the dwelling units are single-family and/or duplex units (including mobile home parks), a minimum of ten percent of the gross site area shall be set aside. Such open space/park area shall at a minimum meet the following standards:

1.    For the purpose of calculation of the open space/park requirement, the open space/park area shall be separate and distinct from required yards, setbacks and landscaped areas, but may include areas of native vegetation that are allowed to fulfill the landscaping requirements of TMC Chapter 18.47. Open space/park areas may also include wetlands and their buffers, other critical areas, and stormwater facilities that are designed for active and/or passive recreation opportunities in accordance with the drainage design and erosion control manual for Tumwater.

2.    All open space/park areas must include any two or more facilities for active and/or passive recreation from the lists below. For open space/park areas within residential developments, at least one of the required recreation facilities must be from the list of active recreation facilities (this area may include stormwater facilities that are designed for active and/or passive recreation opportunities in accordance with the drainage design and erosion control manual for Tumwater).

a.    Active Recreation Facilities.

i.    Children’s play equipment, such as slides, swings, and play structures.

ii.    A paved hard court for activities such as basketball, tennis, pickleball, etc.

iii.    A flat, open lawn area that may serve as a ball field for active play.

iv.    Other active recreation facility if approved by the community development director upon consultation with the Tumwater parks and recreation director.

b.    Passive Recreation Facilities.

i.    Facilities for walking, such as trails, benches, etc.

ii.    Picnicking facilities, such as picnic tables, shelters, etc.

iii.    Public plazas.

iv.    Year-round water features such as a fountain, pond, stream, etc. These water features may be incorporated as part of a stormwater facility designed in accordance with the drainage design and erosion control manual for Tumwater.

v.    Other passive recreation facility if approved by the community development director upon consultation with the Tumwater parks and recreation director.

3.    The open space/park area shall have convenient access for residences/employees of the development and shall be consolidated to provide maximum access, visibility, usability, minimization of impacts to residential uses, and ease of maintenance. The requirement that the open space/park area be consolidated may be waived by the director of community development upon a finding that the residents of the development would receive a greater benefit if the required open space/park area were provided in another configuration due to the unique topographic conditions or fish and wildlife habitat values of the site.

4.    The open space/park area shall be designed and placed in consideration of existing and potential open space/park areas on adjacent parcels to consolidate or provide future opportunities for consolidation of neighborhood open space areas.

5.    Except where removal is required to meet active recreation requirements in this chapter, existing trees and significant vegetation shall be retained in open space/park areas unless an alternate landscaping plan for such areas is required or approved by the development review committee.

6.    Cash, or like value of land area and improvements within the neighborhood parks planning area where the site is located, may be donated to the city to fulfill the requirements of this section. The amount of cash required will be determined using a formula based on the cost of meeting the adopted level of service for neighborhood parks in the Tumwater parks and recreation plan.

7.    Open space/park areas shall be held in single ownership where such ownership assumes full responsibility for maintenance and operation, or held in common ownership by all of the owners in the development area through a homeowners’ association or similar organization. The city as a condition of approval may choose to accept dedication, or the maintenance and operation responsibilities for the area, when the area to be dedicated is one or more of the following:

a.    Greater than five acres.

b.    Adjacent to an established or future city park or school grounds.

c.    Includes access to a body of water, wetland, important fish/wildlife habitat, or other environmentally sensitive area.

d.    If the city determines it is in the public interest to accept public dedication.

*See Diagram 18.04.670, Yard Determination Diagram, in TMC 18.04.230, Y definitions.

(Ord. O2018-007, Amended, 10/16/2018; Ord. O2016-037, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2008-017, Amended, 10/21/2008; Ord. O2004-009, Amended, 12/07/2004; Ord. O2000-004, Amended, 07/18/2000; Ord. O98-009, Amended, 10/20/1998; Ord. O98-001, Amended, 09/15/1998; Ord. O97-027, Amended, 03/03/1998; Ord. O97-024, Amended, 03/03/1998; Ord. O96-021, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.14.060 Conversion plans.

A.    For any land division that is submitted in phases of development, and for any development where sewer is not available or that does not meet the minimum density requirements of TMC 18.14.050(A), the approval shall be contingent upon the following:

1.    The lots created by the land division for residential and associated uses (e.g., dwelling units; private community clubs and recreation areas; stormwater detention, treatment and infiltration) shall meet the applicable requirements of TMC 18.14.050.

2.    A conversion plan must be submitted for the entire property which demonstrates that the property can be subsequently subdivided to create sufficient lots to achieve the minimum densities necessary to comply with TMC 18.14.050. Such conversion plan shall depict a schematic lot layout, approximate location of utility easements, and potential street access and an internal circulation system consistent with city transportation policies. Conversion plans shall not be required to be stamped by an engineer or surveyor, and may be included as part of a drawing or plan submitted for the land division application. Simultaneous with the filing of the conversion plan, the applicant will be required to record with the county auditor, in a form acceptable to the city attorney, a document to be placed in the chain of title of the property giving constructive notice of the special density requirements relating to the property. This conversion plan will not bind future phases of development of the site to anything except the obligation to meet the overall density requirements of the entire property. Acceptance of a conversion plan by the city or county does not, by itself, constitute approval of, nor the granting of vested rights to, a future phase of development.

(Note: The purpose of the conversion plan is to ensure that the entire property can be ultimately developed at the residential densities required for this zone district, not to limit future development to a specified development scheme. Recognizing that some property subject to this requirement may not be redeveloped in the near future, the time and cost involved in preparing and obtaining approval of a conversion plan should be kept to a minimum.)

B.    A permit to construct any single-family dwelling on a lot of record that is greater than one acre in size shall be contingent on the submission of a conversion plan which demonstrates that the remainder of the lot may be subsequently subdivided to create sufficient lots to achieve the minimum densities necessary to comply with TMC 18.14.050. Such conversion plan shall meet all of the provisions of subsection (A)(2) of this section.

(Ord. O98-001, Amended, 09/15/1998; Ord. O95-035, Added, 12/19/1995)

18.14.070 Screening and buffering requirements.

Buffering should be provided between this zoning district and areas in the light industrial zoning district. Buffering should be equally shared between the abutting industrial and residential developments, unless one of the uses is already developed as of January 1, 1996. If the residential use already exists, no further buffering should be required of the residential property owner. If the industrial use already exists, the residential use will be required to install buffering measures as outlined in TMC Chapter 18.47.

(Ord. O97-024, Amended, 03/03/1998; Ord. O95-035, Added, 12/19/1995)