Proposed Land Use Regulations Lynnwood City Center

Proposed Land Use Regulations Lynnwood City Center

Proposed Land Use Regulations
Lynnwood City Center

Chapter 21.60
City Center Districts and Regulations

21.60.050 Overall Purpose ........................................................................................................ 1
21.60.075 Relationship to Rest of Title..................................................................................... 1
21.60.100 Definitions ................................................................................................................ 2
21.60.200 Districts Established and Described ......................................................................... 3
21.60.300 Use Limitations ........................................................................................................ 4
21.60.400 Basic Development Standards ................................................................................. 4
21.60.500 Street Types ............................................................................................................. 8
21.60.600 Design Review.......................................................................................................... 9
21.60.700 Non-conforming Structures, Sites and Uses............................................................. 9


21.60.050 Overall Purpose
• To create a distinct, strong identity for the City Center, producing a heart for Lynnwood
that is surrounded by solid neighborhoods.
• To provide opportunities to increase the City’s tax base, thereby helping to fund public
improvements and public services.
• To encourage private and public investment, attract shoppers and visitors, and appeal to
existing and new residents.
• To produce a concentration and a mixture of commercial, office, retail, residential, and
civic uses within the City Center.
• To develop a City Center that supports pedestrian movement and use of public transit.
• To implement both the City’s Comprehensive Plan and the City Center Sub-Area Plan.
• To promote attractive streetscapes and urban green spaces.
21.60.075 Relationship to Rest of Title


The regulations in this chapter, together with the applicable regulations in the rest of Title 21 and other Titles of the Lynnwood Municipal Code, shall govern development and use of property in the City Center districts. Where the regulations of this chapter conflict with regulations in other chapters or titles, the regulations in this chapter shall control.

A. Exceptions

The following chapters of this Code shall not apply in the City Center:
1. LMC 21.12
2. LMC 21.14
21.60.100 Definitions

A. Canopy

A cover over a sidewalk providing protection from the rain, that is constructed of permanent
materials. The height shall range between 8 feet and 12 feet, it and shall be a minimum of 6 feet
in width.

B. Day Care

A use providing for the care of children, generally during the hours of 6am and 7pm. Such use
shall comply with all applicable State standards. See also LMC 21.02.

C. Green Roof

A roof designed with principles of environmental sustainability, involving the use of vegetation
and storm water collection and cleaning. It may or may not be accessible.

D. Floor Area Ratio

Floor Area Ratio is the amount of floor area within a building as a multiple of the lot area.

E. Health Club

A use that offers exercise and recreational activities for tenants and/or the general public, either
with or without a fee.

F. Parking, Below Grade

Any portion of structure containing parking that is located below the average finished grade
around a building.

G. Parking, Structured

Parking contained within an enclosed building, designed to appear like it is part of the larger
building complex.

H. Public Art

Any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be
appraised as a work of art and its value as such documented. It must be displayed on the exterior of a building, at or near the pedestrian entrance or on a public plaza

I. Public Meeting Rooms

A space that can be used by the general public and having a capacity of at least 50 people. It may operate under a reservation or nominal fee system, but must be easily accessible from a lobby or plaza.

J. Public Plaza
An open space that is accessible to the public at all times, predominantly open to the sky, and for
use principally by people, as opposed to merely a setting for the building. It must abut and be
within 3 feet in elevation of a sidewalk, at least 10% of the area shall be planted with trees and
other vegetation. There must be seating, lighting and penetration of sunlight.

K. Street Level Retail

Uses providing goods and services, including food and drink, adjacent to, visible from, and
accessible from the sidewalk.

K. Water Feature

A fountain, cascade, stream, fall, pond of water, or combination thereof, that serves as a focal
point. It must be located outside of a building and be publicly visible and accessible. It must be
active during daylight hours.

21.60.200 Districts Established and Described

Map 21.60.01: City Center Districts

A. CC- C City Center Core

This district is envisioned to have the highest intensity uses, especially office buildings,
residences, and hotels contained within high-rise buildings. Shops and restaurants would be
located along key streets, particularly a principal pedestrian corridor. A major public open space
would anchor the district. Over time, parking would be increasingly located within structures.
The convention center is planned for the north east corner of this district.

B. CC- W City Center West

This district is envisioned to have a mixture of higher density housing, retail and restaurants, and some office buildings contained within mid-rise buildings. A public open space would anchor the district. Over time, parking would be increasingly found within structures.

C. CC- N City Center North

This district is envisioned to have a mixture of mid-rise office buildings and retail, with a
relatively small amount of housing. Parking would largely be on the surface, but over time, some
parking may be within structures.

21.60.300 Use Limitations

All uses shall be allowed in the City Center Districts, unless specifically prohibited below.

A. Prohibited in All City Center Districts:

1. Adult Establishments
2. Billboards
3. Industrial Uses
4. Outdoor Storage of materials and equipment (except during construction)
5. Repair of Vehicles, unless entirely within a building
6. Sewage Treatment Plants
7. Work Release Facilities
8. Wrecking Yards
9. Any other use determined by the Planning Director to be inconsistent with the
intent of City Center districts.

B. Additionally Prohibited in the CC-C City Center Core District (allowed in other districts):

1. Vehicle Washing, unless located within a building or parking structure
2. Drive-Through Businesses, unless located within building or parking structure.
3. Gasoline Service Stations
4. Mini-Storage on the street level.
5. Outdoor Sales of Boats, Vehicles, or Equipment

21.60.400 Basic Development Standards

A. Floor Area Ratio

1. Basic Allowable Floor Area Ratio

The basic floor-area ratio (FAR) of buildings in the City Center shall be limited as shown in
Table 21.60.1. The bonuses are described in Paragraph 2 of this Subsection. See also
Subsection C.

Table 21.60.1: Floor Area Ratio (FAR)

Basic Allowable “As of Right” BasicAllowable with Bonuses

District Non-Residential Residential Non-Residential Residential
CC- C 0.5 1.0 8.0 10.0
CC- W 0.5 1.0 3.0 5.0
CC- N 0.5 1.0 3.0 5.0

Notes:
a. Floor area is measured to the inside face of exterior walls. The following shall be
excluded from floor area calculation:
• Space below grade
• Space dedicated to parking
• Mechanical spaces
• Elevator and stair shafts
• Lobbies and common spaces, including atriums
• Space used for any bonus feature (see Table 21.60.2)

b. Allowable FAR for non-residential and residential uses may be added together within a
project, for a combined total.

c. Hotels shall be considered non-residential for the purpose of this chart.

2. FAR Bonus

The FAR at a property may be increased above the amount permitted “as of right” shown in
Table 21.60.1 by including the features listed in Table 21.60.2 into development of the roperty.

Table 21.60.2: Bonus Features Allowing Increased Floor Area Ratio

Feature Additional Floor Area for each Feature

Street Level Retail 100 sf of floor area for each linear foot of retail
frontage

Public Plaza 5 sf of floor area for each sf of plaza

Canopy 4 sf of floor area for each sf of canopy

Day Care* 4 sf of floor area for each sf of day care

Health Club* 2 sf of floor area for each sf of health club

Public Meeting Room 5 sf of floor area for each sf of meeting room

Public Art 10 sf of floor area for each $100 of valuation

Water Feature 10 sf of floor area for each $100 of valuation

Structured Parking 0.5 sf of floor area for each sf of required parking
above grade

Below Grade Parking 1 sf of floor area for each sf of required parking
below grade

Green Roof 2 sf of floor area for each sf of green roof

Residential Use 2 sf of floor area for each 1 sf of residential

* These uses may be either open to the public or may be open only to residents/employees of the development that enjoys the FAR bonus.

3. Change of Use and Continuation of Bonus

If a business or activity that supported a FAR bonus under this section is terminated, that use shall either be replace by another use of the same type (as listed in Table 21.60.2) or by another use that qualifies for an equal (or greater) FAR bonus. Alternatively, the property owner may request approval of a substitute method to qualify for the FAR bonus. Such substitution shall be subject to the approval of the Community Development Director, who shall approve the substitution if he/she finds that the proposed substitution complies with this section and chapter.

B. Building Height

The height of buildings in the City Center shall be limited as shown in Table 21.60.4, except as
provided in Subsection C, below.

Table 21.60.4: Building Height

District Basic Allowable Height “As of Right”
CC-C 350 ft.
CC-W 140 ft.
CC-N 140 ft.

Notes:
1. Mechanical penthouses, stair/elevator overruns, and antennae may be excluded from
Building Height calculation provided they are no more than 20 feet above the roof deck.
2. Building height may be increased by up to 20% if the top is designed as a non-habitable,
architectural element. This element may extend above the increased height limit.
3. The maximum height of any portion of a building lying within 150 feet of a single family
district shall be 50 feet.


C. Additional FAR and Building Height

The FAR and building height at a property may exceed the limits in Subsections A and B, above,
in accord with Table 21.60.3.

Table 21.60.3: Super Bonus

Feature Additional Floor Area and Building Height for each Feature

Contribution to a Park 10 sf of floor area for each $100 of contribution to acquisition
or development. This can be used to exceed the Basic FAR
and Basic Height by up to 25%.

Contribution to a Cultural 10 sf of floor area for each $100 of contribution.
Facility such as Library, This can be used to exceed the Basic FAR and Basic
Museum, or Theatre. Height by up to 25%.


D. Parking Ratios

Notwithstanding LMC Chapter 21.18, off-street parking shall be provided in conformance with
Table 21.60.5 and the regulations in this subsection.

Table 21.60.5: Required Off Street Parking

Use Type Minimum Maximum

Retail 3 stalls / 1000 nsf 4 stalls / 1000 nsf

Office 2 stalls / 1000 nsf 4 stalls / 1000 nsf

Residential .5 stall per unit 3 per unit

Senior Housing 0.25 stall per unit 1 per unit

Restaurant 1 stall per 4 seats 2 stalls per 4 seats

nsf – net square feet


Notes:
1. Parking requirements for uses not listed shall be determined by a study of parking demand for that use.
2. Uses sharing a common parking facility may reduce the required number of stalls by 40%.
3. Parking may be located off site, so long as it is within 1000 feet of the property (measured along public sidewalks or walkways), is connected to the property by sidewalks or walkways, and is tied to the site by a contractual agreement that is filed with the City and Deed of Record at the County.
4. The Community Development Director may allow ratios higher than the maximums allowed if a parking demand study for a particular development indicates that additional parking is needed and a parking demand management program would not be effective.

21.60.500 Street Types

Notwithstanding LMC Title 19 and other adopted street standards, development and
redevelopment of streets in the City Center shall comply with the following paragraphs:
A. Boulevards
These are the principal arterial streets serving the City Center and connecting it to other parts of
the community. They are connected to the regional highway system. While they can be visually
pleasing and allow for safe and convenient pedestrian movement, their primary purpose is to
move vehicular traffic. Developments along Boulevards exhibit an emphasis on planting more so
than retail storefronts.

Standards:

Street: 5-7 travel lanes with left turn restrictions, except at intersections
Sidewalks: 12 feet wide, including 5 foot wide planting zone along curb
Street trees: 30-35 feet on center, minimum of 2” cal
Building line: 5-15 feet from back of sidewalk

B. Pedestrian Streets
These streets accommodate both vehicles and pedestrians, but provide greater accommodations
for people. Vehicles move at a relatively slow speed. Sidewalks are very wide, on-street parking
is present, and vegetation is emphasized. Pedestrian-oriented street furnishings are also present.

Standards:

Street: 2-3 travel lanes, with left turn restrictions, except at intersections
Sidewalks: 14-16 feet wide, including a 5 foot wide planting zone along curb
Street trees: 25 feet on center, minimum of 3” cal
Building line: locate buildings at back of sidewalk, except for public spaces
Curb cut limitations: 200-foot minimum separation or from intersection
Street furnishings: pedestrian-scaled lighting, seating, waste cans, art

C. Other Streets

These streets serve to break up the super-blocks into smaller increments and to provide for
vehicular access to development. They are visually pleasing and speeds and volumes are
relatively low.

Standards:

Street: 2-3 travel lanes, on-street parking is present
Sidewalks: 12 feet wide, including a 5 foot wide planning zone along the curb
Street trees: 25-30 feet on center, minimum of 2-inch cal


21.60.600 Design Review

A. Design Guidelines for Nonresidential Uses.

The following structures and parking facilities permitted in the City Center districts shall comply
with Lynnwood City Center 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 these districts, the Citywide Design Guidelines shall be replaced
with the City Center Design Guidelines.

1. Construction of any nonresidential structure or building with a gross floor area of more
than 1,000 square feet.
2. Construction 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 any multiple family residential structure.

B. Supersede.

Applicable Lynnwood City Center Design Guidelines 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.

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 City Center 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.

21.60.700 Non-conforming Structures, Sites and Uses

It is expected that much development within the City Center will be as a result of renovations and expansions as much as entirely new development, especially in the years before 2015 or 2020. It is not the intent of the City to discourage such development, as new investment should enhance the image and appeal of the City Center. 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 non-conforming conditions should not increase the degree of the non-conformity, 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
supercedes LMC 21.12.

A. Non-Conforming Uses

A relatively small number of land uses have been identified that are determined to not comport
with the long term vision for the City Center. Therefore, they are not permitted.
Any such uses legally existing at the time of adoption of this chapter shall be considered “legal
non-conforming uses.” Such uses are not permitted to expand. Exterior landscaping, façade
improvements, or interior upgrades are permitted.

B. Non-Conforming Sites

Throughout the City Center, there are many properties where site development existing at the
adoption of 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 re-
striping of stalls, and new or altered signage or lighting or renovation of landscaping. Any other
exterior renovation or expansion of building footprints, however, shall incorporate site design
features that bring the site more into compliance with the standards.

C. Non-Conforming Buildings

Throughout the City Center, there are many buildings and other structures exsiting at the adoption of this chapter that do not comply with the building standards and guidelines in this chapter.
Expansion or major renovation of such structures shall trigger compliance with both site design
and building design standards. Compliance with standards should 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 Community Development Director may approve a plan and design for alteration of a non-
conforming site or building that does not fully compy with the requirements of Subsections B a
C, above, 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).


Amend LMC 21.40.100 to establish zones in a new group “F. City Center Zones”

Amend LMC 21.40.900 (Order of restrictiveness) to list the City Center zones after the Mixed
Use/Business zone and before the General Commercial zone.
Repeal LMC 21.72.900 (Expiration of Interim Use ordinance).

Based on Preliminary Draft #3 (7/16/03) For Discussion Only April 8, 2004