Chapter 21.24
PEDESTRIAN-ORIENTED COMMERCIAL OVERLAY

Sections:

21.24.010    Special district overlay – Pedestrian-Oriented Commercial Development.

21.24.010 Special district overlay – Pedestrian-Oriented Commercial Development.

(1) Purpose. The purpose of the Pedestrian-Oriented Mixed Use Development Special District Overlay is to provide for high-density, pedestrian-oriented housing/retail/employment uses. This overlay is also intended to promote development that:

(a) Provides adequate protection of environmental resources;

(b) Provides adequate private and public infrastructure, including but not limited to park and open space, transportation and parking facilities;

(c) Makes efficient use of land;

(d) Meets minimum requirements for development parcel size and type of development; and

(e) Is consistent with Comprehensive Plan goals for this district. This special district overlay shall only be utilized in areas zoned CBD.

(2) Findings. The City finds that the downtown area is an appropriate location for development that has a higher intensity than permitted under standard regulations; provided, that the development is adequately served by necessary infrastructure, provides adequate mitigations or public benefits, and is planned, designed and constructed in a manner that is consistent with the City’s Comprehensive Plan vision for a compact, attractive, functional and pedestrian-oriented downtown area. The City finds that higher development intensities may create greater impacts. Developments involving greater intensity must provide an increased level of mitigation and public benefit commensurate with their increased community impact. By allowing greater development intensity subject to increased mitigation and public benefits, the City desires to form productive partnerships that will further the City’s adopted goals, objectives and policies. The City finds that partnerships involving larger developments on larger parcels will most likely have a greater opportunity for accomplishing the City’s vision for downtown. The City finds that these partnerships will likely benefit the City and enhance the economic vitality of the Woodinville community in numerous ways, including, but not limited to, the following:

(a) Significantly increasing sales tax revenues and other revenues to the City;

(b) Increasing real property tax revenues;

(c) Increasing the City’s employment base;

(d) Generating substantial business and sales taxes from construction required for developments;

(e) Increasing the City’s access to goods and services;

(f) Redirecting the public’s retail expenditures to business located within the City limits;

(g) Providing amenities for public enjoyment such as trails, open public spaces and plaza areas;

(h) Creating attractive and unique condominium communities;

(i) Helping the City to accommodate its GMA residential and employment growth targets where adequate infrastructure exists, or can be provided concurrent with development;

(j) Helping to preserve and enhance the natural environment through directing growth and development to areas where environmental impacts can be adequately mitigated;

(k) Helping to provide solutions to problems or amenities that have community-wide benefits;

(l) Enhancing the vehicular and nonmotorized transportation circulation in the City’s downtown area; and

(m) Providing for development in the downtown area consistent with the City’s Downtown and Little Bear Creek Corridor Master Plan.

(3) Development involving higher intensity than permitted under standard regulations may be authorized only through the use of a development agreement with the City. Pursuant to RCW 36.70B.170 and the provisions of this chapter, any such development agreement shall include development standards, which may include but are not necessarily limited to the following:

(a) Project elements such as permitted uses, applicable residential and nonresidential densities, intensities, and/or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

(c) Mitigation measures, development conditions, and other requirements pursuant to applicable City and State regulations;

(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and similar development features;

(e) Affordable housing;

(f) Parks and open space preservation;

(g) Phasing;

(h) Review procedures and standards for implementing decisions;

(i) A build-out or vesting period for applicable standards; and

(j) Any other appropriate development requirement or procedure.

(4) In order to ensure a level of mitigation or public benefit proportionate to the increased impacts of the development, a development agreement authorized under this section may provide for the completion of projects and acquisition of facilities contained within adopted City plans, including, but not limited to, the following:

(a) Transportation or other improvement projects within the six-year or 20-year Comprehensive Plan Capital Improvement Plan.

(b) Nonmotorized transportation improvements within the adopted Nonmotorized Improvement Plan.

(c) Park and open space improvements within the Parks, Recreation and Open Space Plan.

(d) Environmental enhancement projects approved by the City.

(e) Repealed by Ord. 532.

(f) Other mitigation projects that the City finds will provide mitigation and/or public benefits commensurate with any development with higher intensity than permitted under standard regulations.

(5) Criteria for Use of Development Agreements. For the purposes of this section, development that contemplates approval of higher development intensity through the voluntary use of a development agreement between the City and developer is reserved for developments that are determined by the Development Services Director (Director) to meet the following criteria:

(a) The development, whether single-story or multistory, combines two or more distinct land use categories that are consistent with the City’s Comprehensive Plan.

(6) Development Potential. Except as otherwise provided herein, all development in the Pedestrian-Oriented Commercial Overlay zone shall comply with all applicable City regulations. Developments that are determined by the Director to meet the criteria as shown in subsection (5) of this section and that enter into a voluntary development agreement with the City and that provide mitigations or public benefits that exceed those required under standard regulations may receive additional development potential or incentives, as part of an approved development agreement that specifies the mitigation or public benefit and the City-provided development incentive. These development incentives may include but are not limited to the following:

(a) City cooperation in timing the construction of public infrastructure, including but not limited to streets designated on the City’s official Street Map, that will in part serve and facilitate the proposed development.

(b) Potential increased structure height limit, up to a maximum of 150 percent (52.5 feet) of the standard limit of 35 feet, as specified in WMC 21.22.040.

(c) Potential increased residential density, up to a maximum of 150 percent (54 du/ac) of the standard limit of 36 du/ac, as specified in WMC 21.22.040, or use a floor area ratio (FAR) of not more than two and one-half.

(d) Other alternative standards, as determined through a development agreement, consistent with the provisions of Chapter 21.85 WMC.

(7) Permitted Uses. Permitted uses in the CBD zone shall be those uses permitted in the underlying zone, excluding the following:

(a) Motor vehicle, boat and mobile home dealer;

(b) Gasoline service station;

(c) Drive-through retail and service uses;

(d) Car washes;

(e) Retail and service uses with outside storage, e.g., lumber yards, miscellaneous equipment rental or machinery sales;

(f) Wholesale uses;

(g) Recreation/cultural uses as set forth in WMC 21.21.040, except parks, sports clubs, theaters, libraries and museums;

(h) NAICS Major Group 811111 (automotive repair, services and parking) except 812930 (automobile parking, but excluding tow-in parking lots);

(i) NAICS Major Group 811 (miscellaneous repair services), except 811490 (watch, clock and jewelry repair);

(j) NAICS Major Group 51211 (motion pictures), except 512131 (theater) and 53223 (video tape rental);

(k) NAICS Major Group 621 (health services), except offices and outpatient clinics (6211 through 6213);

(l) NAICS Industry Group 484 (trucking and courier service);

(m) Public agency archives;

(n) Self-service storage;

(o) Manufacturing land uses as set forth in WMC 21.21.090, except 323 (commercial printing);

(p) Resource land uses as set forth in WMC 21.21.100;

(q) Kennel or cattery;

(r) Bulk retail (over 50,000 square feet gross floor area);

(s) Veterinary clinic;

(t) Cemetery;

(u) Columbarium;

(v) Research development and testing;

(w) Public agency utility yard;

(x) Construction and trade;

(y) Miscellaneous equipment rental;

(z) Regional land uses set forth in WMC 21.21.110, except for personal wireless facilities, transit park and ride lot, and college or university.

(8) Development Standards. The following development standards shall apply to uses locating in Pedestrian-Oriented Mixed Use Commercial Overlay District:

(a) Every use shall be subject to applicable provisions of the City’s adopted commercial design standards, and other applicable provisions of the WMC. (Ord. 706 § 27, 2020; Ord. 611 § 8 (Att. A), 2016)