Chapter 18.115 D-C DOWNTOWN COMMERCIAL ZONE

Chapter 18.115
D-C DOWNTOWN COMMERCIAL ZONE

Sections

18.115.010 Title.

18.115.020 Application.

18.115.030 Purpose.

18.115.040 Authority.

18.115.050 Environmental performance standards, use restrictions, and general limitations.

18.115.060 Dimensional standards.

18.115.070 General site design requirements.

18.115.080 General building design requirements.

18.115.010 Title.

This chapter shall be entitled “D-C Downtown Commercial Zone.” [Ord. 1591 § 273, 2014.]

18.115.020 Application.

This chapter shall apply to all areas zoned D-C Downtown Commercial. [Ord. 1591 § 274, 2014.]

18.115.030 Purpose.

(1) The primary purpose and objective of the Downtown Commercial (D-C) Zone is to enhance, promote, and encourage development within the Marina District.

(2) It is the further purpose of this zone to: (a) ensure land use compatibility among businesses and residences in terms of permitted uses, building height, bulk, scale; (b) provide a downtown that reflects its waterfront location; and (c) ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan. [Ord. 1591 § 275, 2014.]

18.115.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 276, 2014.]

18.115.050 Environmental performance standards, use restrictions, and general limitations.

(1) Every use permitted within the D-C Zone pursuant to this chapter shall conform to the following general limitations and standards:

(a) As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;

(b) Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;

(i) Outdoor seating and dining;

(ii) Signs;

(iii) Off-street parking, drive-through facilities, and loading areas;

(iv) Motor vehicle fuel pumps;

(v) Display of merchandise sold on-site; and

(vi) Play/recreation areas;

(d) In reviewing a proposed permitted use, the City Manager or the City Manager’s designee may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts.

(2) Home occupations shall be permitted only as an accessory use; provided, that all of the following conditions and limitations are satisfied:

(a) The principally permitted use to which the home occupation is accessory shall be a legally permitted, constructed, and conforming residential component of a mixed use development;

(b) All conditions set forth in DMMC 18.52.010A are satisfied.

(3) Boat storage and repair shall be permitted only as an accessory use on property principally permitted for marina use and shall conform to the following additional limitations and standards:

(a) The size and location of all boat storage facilities shall be consistent with the council-adopted marina master plan;

(b) All out-of-water boat repair shall be within a fully secured and fenced area not accessible by the general public;

(c) All boat repair work shall have containment areas and employ disposal methods for pollutants and toxic substances consistent with Puget Sound Clean Air Agency and NPDES standards;

(d) Only those boats and similar vessels that will be immediately and actively under repair shall be moved to or placed within a designated boat repair facility.

(4) Adult entertainment facilities and adult motion picture theaters are not permitted in the D-C Zone.

(5) Nonconforming uses located in the D-C Zone shall be allowed to continue to exist, but only to the extent, size, or scale that these uses were legally authorized or licensed to operate by the City. A property containing a single business entity that is a nonconforming use shall not be allowed to add any other use components or otherwise increase the intensity or facet of the use unless all nonconforming use elements of the property are first completely removed from the site. A property containing multiple business entities and that has one or more nonconforming uses upon it shall not be allowed to add any other use components or otherwise increase the intensity or facet of that portion of the property or building containing uses that are nonconforming unless the addition of a new use results in the complete removal of that portion of the property or building containing a nonconforming use.

(6) Automobile repair, carwashes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards:

(a) Automobile repair and the installation of automobile parts and accessories shall be wholly performed within an enclosed structure approved by the Building Official for such occupancy;

(b) Each automotive and service repair facility shall be limited to a maximum of one service bay for each 7,500 square feet of land area per business site;

(d) The number of vehicles stored or parked outside for repair or service shall not be greater than the minimum number of required parking stalls serving the auto repair facility pursuant to chapter 18.210 DMMC;

(e) No outside parking or storage of employee vehicles, customer vehicles, or vehicles contracted for service shall occur in any area that is not designated and approved by the City as an on-site parking stall;

(f) Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;

(g) A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance.

(7) Welding repair (7692) is only permitted in an enclosed structure.

(8) Social service facilities shall conform to the following limitations and standards:

(a) Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines; and

(b) Unless specifically authorized by the City Manager or the City Manager’s designee, passenger loading and unloading areas shall be provided on-site.

(9) Mixed use development shall conform to the following limitations and standards:

(a) Mixed use structures shall contain area for retail trade or personal and business services, at street level as follows:

(i) Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;

(ii) A minimum of 60 percent of the street level floor area shall be occupied by retail trade or personal and business services;

(iii) A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and

(iv) Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.

(b) The City Manager or designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (9)(a) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.

(c) Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC 18.155.050(2).

(d) A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited.

(e) Except that, for buildings fronting on 7th Avenue South, south of South 219th Street and north of South 227th Street, subsection (9)(a)(ii) of this section is revised from 60 percent to 33 percent, and subsections (9)(a)(iii) through (iv) of this section shall not apply. This exception is effective through December 31, 2015.

(f) The exception identified in subsection (9)(e) of this section is further modified for lots under 10,000 square feet in that subsection (9)(a)(ii) of this section is revised to read, “some of the street level floor area shall be occupied by retail trade or personal and business services.” This exception is effective through December 31, 2015. [Ord. 1594 § 1, 2014: Ord. 1591 § 277, 2014.]

18.115.060 Dimensional standards.

(1) Maximum Building Height.

(a) Area 1 on Figure 1. The maximum building height is 35 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property; provided, that building heights shall not be measured from 8th Avenue South or the alleys.

(b) Area 2 on Figure 1. The maximum building height is 45 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property line; provided, that building heights shall not be measured from the alleys.

(c) Area 3 on Figure 1. The maximum building height is 55 feet as measured from the highest sidewalk grade of 7th Avenue South adjacent to the property line.

(d) Area 4 (the Des Moines Marina) on Figure 1. The maximum building height is 35 feet as measured from the Des Moines Marina floor.

(2) Building Height Bonus. In the D-C Zone, the City Manager or the City Manager’s designee may authorize additional building heights as provided in this subsection:

(a) Area 1 on Figure 2. The maximum building height is 55 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property line; provided, that building heights shall not be measured from the alleys.

(i) The maximum number of buildings within Area 1 that can be authorized to utilize the height bonus by the City Manager or the City Manager’s designee under this section is three buildings.

(ii) The total floor area of the building does not exceed the total allowable floor area ratio as determined by DMMC 18.115.080(3).

(iii) The minimum building site area is 20,000 square feet.

(iv) Pedestrian-oriented spaces as defined in the Marina District Guidelines shall be provided.

(v) The property owner shall enter into a no protest agreement regarding the formation of a parking business improvement area as regulated in chapter 35.87A RCW.

(b) Area 2 on Figure 2. The maximum building height is 45 feet as measured from the highest sidewalk grade of Marine View Drive, subject to the following conditions:

(i) The maximum number of buildings within Area 2 that can be authorized to utilize the height bonus by the City Manager or the City Manager’s designee under this section is two buildings.

(ii) The property must be located at least 300 feet from other properties that are granted a height bonus within Area 2.

(iii) The total floor area of the building shall not exceed the total allowable floor area ratio as determined by DMMC 18.115.080(3).

(iv) The minimum building site area shall be 15,000 square feet.

(v) Pedestrian-oriented spaces as defined in the Marina District Guidelines shall be provided.

(vi) The property owner shall enter into a no protest agreement regarding the formation of a parking business improvement area as regulated in chapter 35.87A RCW.

(vii) To be eligible for the height bonus, a notice of complete land use application must be issued by June 30, 2016.

(viii) And further, to be eligible for the height bonus, a building permit must be issued for the project by December 31, 2017.

(3) Setbacks. All structures shall maintain setbacks from property lines as set forth in this subsection:

(a) Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.

(b) Corner Lot Building Setback.

(i) All buildings located on corner lots shall observe a 20-foot setback from the corner as measured from the corner of the right-of-way as illustrated in Figure 3 below:

(ii) The City Manager or the City Manager’s designee may allow encroachments into this corner setback area if the total area within the setback does not fall below 200 square feet and preserves a building setback at the corner.

(d) All buildings adjacent to South 223rd Street and South 227th Street shall maintain a 15-foot setback from the property line adjacent to South 223rd Street or South 227th Street for that portion of the building above the third story. [Ord. 1626 § 1, 2015; Ord. 1591 § 278, 2014.]

18.115.070 General site design requirements.

Development within the D-C Zone shall conform to the following site design requirements:

(1) Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:

(a) Pedestrian walkways shall be provided at or around building(s) of sufficient extent to provide safe pedestrian passage. A minimum six-foot walkway shall be provided adjacent to the principal building entrance(s);

(b) A minimum six-foot pedestrian walkway shall be provided that connects walkways at the building to the street sidewalks. Where no street sidewalk exists, the connecting walkway shall extend to the public right-of-way;

(c) Walkways and sidewalks shall be differentiated from vehicular circulation or vehicular parking areas as approved by the Planning, Building and Public Works Director;

(d) Walkways shall conform with all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended; and

(e) Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.

(2) Placement of Buildings.

(a) Buildings or structures located in Area 1 of Figure 4 are not required to abut the adjacent sidewalk. On-site parking facilities are allowed between the building and the adjacent sidewalk.

(b) Buildings or structures located in Area 2 of Figure 4 shall be located in close proximity to the adjacent sidewalk. The area between the building and the adjacent sidewalk can be used for pedestrian-oriented spaces as defined in the Marina District Design Guidelines, outside dining, sitting areas, or landscaped open space. Parking areas are prohibited between the building and the adjacent sidewalk.

(3) Parking and Loading Areas. All properties shall conform to the off-street parking provisions and loading area provisions set forth by chapter 18.210 DMMC.

(4) Vehicular access and other right-of-way improvements shall conform to the provisions set forth by Titles 10 and 12 DMMC.

(5) Properties that have vehicular access from 8th Avenue between South 223rd Street and Kent-Des Moines Road shall provide on-site delivery unloading areas.

(6) Angled parking shall be allowed along Marine View Drive; provided, that the following standards are met:

(a) The sidewalk shall be relocated within dedicated right-of-way so that the curb face of the relocated sidewalk is located 36 feet as measured from the edge of traveled way of the nearest lane of traffic on Marine View Drive.

(b) The relocated sidewalk shall be entirely in right-of-way or newly dedicated right-of-way.

(d) Sidewalk transition lengths and dimensions shall be provided by the City Engineer.

(e) Only head-in angled parking shall be allowed within the right-of-way on Marine View Drive, except that area of existing parallel parking on Marine View Drive shall be allowed to remain in place until the adjoining property redevelops, at which time the property owner may choose to construct angle parking in accordance with the provisions of this section, or the property owner may choose to eliminate the section of parallel parking, or the City’s Traffic Engineer determines that a safety concern exists that necessitates removal of such parallel parking.

(f) Angled parking installed by a property owner under this section would be counted toward the total number of parking stalls required by chapter 18.210 DMMC.

(7) Uses within the Right-of-Way. Sidewalk cafes, vendors, and similar temporary commercial uses within the public right-of-way shall conform to the provisions of Title 12 DMMC and the following provisions:

(a) A minimum of six feet of unobstructed sidewalk shall be maintained;

(b) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(c) The duration of right-of-way use permits for commercial purposes shall be limited to one year; applicants may reapply for right-of-way use permits;

(d) Applications for right-of-way use permits for commercial purposes shall include the following information:

(i) Proposed items to be placed within the right-of-way, such as seating, tables, fencing, vending carts, etc.;

(ii) Proposed activities to occur within the right-of-way, such as dining, amplification of music, preparation and sale of food or beverage items, etc.;

(iii) Proposed periods of operation, including months of the year, days of the week, hours, etc.; and

(iv) Proposed source(s) of utilities such as electrical power;

(e) Applicants must immediately clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and

(f) In reviewing a proposed use within the public right-of-way, the City Manager or the City Manager’s designee may include conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager’s designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(8) Landscaping. All uses shall conform to the landscaping and screening provisions set forth by chapter 18.195 DMMC.

(9) Outdoor Uses. Outdoor activities such as sales, display, storage, dining, etc., shall not obstruct vehicular or pedestrian visibility or movement. [Ord. 1591 § 279, 2014.]

18.115.080 General building design requirements.

Development within the D-C Zone shall conform to the following building design requirements:

(1) Structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc. shall conform to the provisions set forth by Titles 12 and 14 DMMC, and the following provisions:

(a) Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;

(b) Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;

(c) Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;

(d) The maximum horizontal encroachment in the right-of-way by signs shall be four feet;

(e) The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;

(f) The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;

(g) Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;

(h) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(i) Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and

(j) In reviewing a proposed structural encroachment into the public right-of-way, the City Manager or the City Manager’s designee may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager’s designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(2) Pedestrian entrances at street level shall conform to all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended.

(3) Maximum Gross Floor Area.

(a) Area 1 and Area 4, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 2.5.

(b) Area 2, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 3.2.

(c) Area 3, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 3.5.

(d) Using the public benefit incentive system in subsection (4) of this section, the maximum gross floor area allowed is:

(i) Area 1, Figure 2, the maximum gross floor area allowed is determined by multiplying the lot area of the site by 3.5.

(ii) Area 2, Figure 2, the maximum gross floor area allowed is determined by multiplying the lot area of the site by 3.2.

(e) For the purposes of this section, gross floor area does not include any underground areas designed and used for parking.

(f) For the purpose of this section, when more than one building is located on a single property the sum of all gross floor areas of all the buildings shall not exceed the total gross floor area allowed for the property.

(4) Public Benefit Incentive System. The City Manager or the City Manager’s designee may approve additional building square footage based on the ratios in Table 18.115.080 subject to the following:

(a) The gross floor area and/or building height limits cannot exceed the limits allowed in subsection (3) of this section and DMMC 18.115.060(2), as provided in Table 18.115.080 and the requirements of this section.

(b) The City Manager or the City Manager’s designee may approve a public benefit feature not listed in Table 18.115.080 if a public benefit is located within the Marina District, and a public benefit will be derived from the proposed feature that is roughly equivalent to the benefit derived from a feature in Table 18.115.080.

Table 18.115.080 Public Benefit Incentive System Ratios
PUBLIC BENEFIT FEATURE	BONUS FLOOR AREA PER UNIT OF PUBLIC BENEFIT FEATURE
1. Streetscape
Each $1,000 spent on additional roadway improvements above what is required by chapter 12.20 DMMC	100 square feet
2. Design Elements
1 sq. ft. of underground parking	5 square feet
1 sq. ft. of below-ground public parking structure	2.5 square feet
1 sq. ft. of shared parking (for other sites)	0.5 square feet
1 sq. ft. of rooftop garden	2 square feet
1 sq. ft. of rooftop beautification	2 square feet
Each additional design element aimed at reducing building bulk and mass (e.g., overhead awning for weather protection, distinctive entry features, building modulation, varied roofline)	100 square feet
3. Civic Contributions
1 sq. ft. of public parking area	0.5 square feet
1 sq. ft. of public meeting/conference facilities	1 square foot
Each $1,000 spent on public art or water features	100 square feet
Each $1,000 spent to improve connections to the Des Moines Marina to include signage, way finding, and improved pedestrian connections	100 square feet
Each $1,000 spent to improve Covenant Beach Park National Historic District	100 square feet
4. Uses
1 sq. ft. restaurant (not fast-food or take-out)	1 square foot
1 sq. ft. rooftop or top floor restaurant (not fast-food or take-out)	4 square feet
1 sq. ft. of public restroom	4 square feet
1 sq. ft. of public open space	4 square feet
1 sq. ft. of additional retail use on ground floor, above that required by DMMC 18.115.050(9)	2 square feet
1 sq. ft. of theater or performing arts venue	5 square feet

[Ord. 1626 § 2, 2015: Ord. 1591 § 280, 2014.]