Chapter 14.40
URBAN VILLAGE ZONE DISTRICT
Sections:
14.40.010 Purpose and applicability.
14.40.020 Relationship to other regulations.
14.40.040 Development standards.
14.40.070 Recreation and open space.
14.40.140 Tree preservation and management.
14.40.150 Development agreement required.
14.40.160 Neighborhood meeting.
14.40.180 Amendments to regulations and standards.
14.40.010 Purpose and applicability.
The purpose of the urban village (UV) zone is to implement the goals and policies of the Point Wells Subarea Plan which envisions a pedestrian-oriented mixed-use development consisting of primarily residential uses in a variety of housing types with limited commercial uses along with public recreation access. (Ord. 20-625 § 2 (Exh. A), 2020; Ord. 13-549 § 1 (Exh. C.1 (part)), 2013. Formerly 14.40.020)
14.40.020 Relationship to other regulations.
Development in the urban village zone district is governed by Titles 13 through 16 of this code, including the Town’s Shoreline Master Program (Ordinance No. 19-600). Where conflicts occur between provisions of this chapter and other Town regulations, the more restrictive provisions shall apply. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.030 Permitted uses.
A. Single-family detached, subject to a maximum building height of thirty-five feet, a maximum lot coverage of thirty percent, and Section 14.36.030.
B. Land uses listed in Table 14.40.030(A) are permitted subject to an approved development agreement.
C. Land uses not listed in Table 14.40.030(A) may be permitted as part of an approved development agreement, provided the development agreement includes written findings that the unlisted land use(s) is consistent with the Point Wells Subarea Plan and the purpose of this chapter.
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SPECIFIC LAND USE |
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Live/work units |
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Assisted living facilities |
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Apartment/multifamily |
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Single-family attached (townhomes) |
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Eating and drinking establishments (excluding gambling uses) |
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Hotel/motel |
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General retail trade/services1 |
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Professional office |
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Parks and trails |
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Recreation/cultural |
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Personal services |
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Financial institutions |
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Parking structures and surface parking lots, accessory to a primary use |
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Health and fitness facilities |
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General government/public administration |
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Fire facility |
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Police facility |
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Utilities2 |
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Wireless telecommunication facility3 |
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Home occupation |
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Accessory dwelling units |
Footnotes:
1. These general retail trade/services are prohibited in the UV zone:
a. Adult use facilities;
b. Smoke/vape shop (a business that sells drug paraphernalia and smoking products);
c. All businesses that are prohibited under the Town’s business license regulations;
d. Firearm sales;
e. Pawnshops;
f. Vehicle sales and service; and
g. Drive-throughs.
2. Utility facilities necessary to serve development in the UV zone are permitted.
3. Subject to the provisions of Chapter 14.46 of this code.
(Ord. 21-631 § 2 (Exh. A), 2021; Ord. 20-625 § 2 (Exh. A), 2020; Ord. 13-549 § 1 (Exh. C.1 (part)), 2013)
14.40.040 Development standards.
A. Density.
1. For the purposes of this chapter, "density" means the net density of residential development excluding roads, drainage detention/retention areas, biofiltration swales, areas required for public use, tidelands, and critical areas and their required buffers.
2. A minimum density of four dwelling units per acre shall be required for all new subdivisions, short subdivisions, townhouse, and mixed townhouse developments. Minimum density is determined by rounding up to the next whole unit or lot when a fraction of a unit or lot is five-tenths or greater.
3. For a period of five years after the effective date of an annexation to which this zone district is applicable, the minimum density required herein shall be consistent with the requirements of RCW 35A.14.296.
4. Residential development shall not exceed a maximum density of forty-four dwelling units per acre.
B. No building within the development shall exceed sixty dwelling units.
C. No building within the development shall have a footprint that exceeds ten thousand square feet.
D. Setbacks. Setbacks shall be consistent with applicable design standards and identified as part of an approved development agreement.
E. Lot Dimensions. There is no minimum lot size or width. Any subdivision of land or alteration of property lines is subject to Title 13 of this code, Subdivisions.
F. Utilities. All utilities, including transmission and distribution, shall be underground. Location of utilities and mechanical areas shall comply with applicable design standards set forth in Chapter 14.60 of this code. (Ord. 21-631 § 2 (Exh. A), 2021; Ord. 20-625 § 2 (Exh. A), 2020)
14.40.050 Building height.
A. The maximum building height shall be forty-five feet, except areas east of the BNSF Railway right-of-way the maximum building height shall be thirty-five feet.
B. The maximum building height may be increased to seventy-five feet west of the BNSF Railway right-of-way, provided the applicant conducts a view analysis demonstrating that public views from Richmond Beach Drive to Admiralty Inlet are not impacted (as depicted in Figure 14.40.050(1)). The view analysis and accompanying height limits shall be reviewed and approved concurrently with a development agreement.
C. Building height shall be measured pursuant to Section 14.08.020.
Figure 14.40.050(1)
(Ord. 20-625 § 2 (Exh. A), 2020)
14.40.060 Parking.
A. Development in the UV zone shall comply with the following parking ratios:
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Parking Ratios |
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|---|---|
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Table 14.40.060(1) |
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Use |
Minimum |
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Restaurants |
2 stalls/1,000 net square feet (nsf) |
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Retail |
2 stalls/1,000 nsf |
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Office |
2 stalls/1,000 nsf |
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Hotel/motel |
Parking analysis |
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Assisted living |
1 stall/3 beds |
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Personal services |
2 stalls/1,000 nsf |
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Health and fitness facilities |
2 stalls/1,000 nsf |
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Residential units with 2 or more bedrooms |
2 stalls per unit |
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Residential units with fewer than 2 bedrooms |
1 stall per unit |
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Public parks and open space |
To be determined as part of the project master plan |
Note: Square footage in the table above refers to net usable area and excludes walls, corridors, lobbies, bathrooms, etc.
B. If the formula for determining the number of parking spaces results in a fraction, the number of parking spaces shall be rounded to the nearest whole number, with fractions of five-tenths or greater rounding up and fractions below five-tenths rounding down.
C. Uses not listed or uses listed with a parking ratio referring to "parking analysis" in Table 14.40.060(1) shall undergo a parking demand analysis prepared by a qualified professional with expertise in parking demand studies. The parking demand study shall be reviewed and approved concurrently with a development agreement.
D. Public parking areas shall be distributed throughout the project and provided at a rate appropriate to serve publicly accessible recreation and open space areas.
E. An applicant may request a reduction of the minimum required parking spaces with the approval of a parking management plan. The parking management plan shall be reviewed and approved concurrently with a development agreement. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.070 Recreation and open space.
A. Development in the UV zone shall provide an integrated public open space network that links together the various open spaces throughout the development and provides public access to shorelines, public open space areas, and publicly accessible parking.
B. All development shall provide public recreation and open space at a minimum rate of ten percent of the gross site area. The minimum public recreation and open space area shall not include shoreline public access as required pursuant to the Shoreline Management Act, Chapter 90.58 RCW.
C. Public recreation and open space areas may include a mix of active and passive uses.
D. For developments with an approved phasing plan, each phase of a development shall include a minimum of ten percent of the gross recreation and open space area required for the phase. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.080 Transportation.
A transportation study shall be prepared and submitted with the application for a development agreement as set forth in Section 14.40.150. The scope of the transportation study shall be established by the Town Engineer and include at a minimum the following elements:
A. Development within Point Wells shall comply with the following traffic restrictions:
1. Richmond Beach Drive shall be limited to four thousand average daily trips (ADT); and
2. The Richmond Beach Road Corridor shall not exceed a level of service (LOS) D with nine-tenths volume-to-capacity (V/C) ratio; and
3. Woodway streets shall remain at a level of service (LOS) A, with a street volume not to exceed two hundred seventy-three vehicles per hour.
B. Any combination of residential or commercial development or redevelopment that would generate two hundred fifty or more average daily trips shall provide a general-purpose public access road wholly within the Town of Woodway that connects into Woodway’s transportation network and provides a full second vehicular access point from Point Wells into Woodway.
C. Connectivity. Development in the UV zone shall provide a network of streets, sidewalks, and multipurpose pathways that are well connected and provide efficient circulation throughout the zone and connect to the surrounding transportation network.
D. Public and Private Street Cross Sections. Street cross sections shall be developed to complement adjoining land uses and implement applicable design standards while also meeting engineering standards for safety and function. Cross sections for each type of street within the development shall be reviewed and approved concurrently with a development agreement. The table below describes the primary elements for types of streets anticipated within a development.
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Feature |
Primary Street (both sides) |
Secondary Street (both sides) |
|---|---|---|
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Sidewalk/Planting Strip |
17' |
12' |
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Street Tree Spacing |
30' on center |
30' on center |
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On Street Parking |
Yes |
Yes (one side) |
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General Purpose Lane |
10.5' max. lane width |
10.5' max. lane width |
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Right-of-Way |
60'-70' |
52.5' |
(Ord. 20-625 § 2 (Exh. A), 2020)
14.40.090 Design standards.
Site and project design standards for buildings, public and private streets and streetscapes, infrastructure location, landscaping, signage, open spaces, and other design details are set forth in Chapter 14.60 of this code. Project applications shall include both drawings and narrative descriptions of the project’s consistency with the listed design standards. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.100 Landscaping.
Landscaping shall be provided throughout the site and integrated as part of the overall project design. Landscaping shall be provided on the perimeter of the site adjacent to existing development. A development-wide conceptual landscape plan identifying landscape locations, dimensions, and planting plan and material shall be reviewed and approved with the development agreement. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.110 Signs.
Signs within the UV zone shall comply with Section 14.60.070. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.120 Sustainability.
Development within the UV zone district shall meet or exceed LEED standards for building design, construction, and neighborhood development as set forth in the U.S. Green Building Council rating system. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.130 Outdoor lighting.
Outdoor lighting shall be located and designed to eliminate light pollution by meeting the following standards:
A. Fixtures shall contain shielding and/or be direct cut-off type.
B. Fixtures shall be no brighter than necessary to light the intended area.
C. Color temperatures shall minimize blue light emissions to the extent feasible.
D. Timers, dimmers, motion sensors, or other adaptive control methods shall be utilized where feasible to turn off lighting when unnecessary.
E. Uplighting shall be limited to accent features or landscaping. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.140 Tree preservation and management.
The provisions of Chapter 16.12 of this code shall apply to the removal, installation, and maintenance of trees within the project area. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.150 Development agreement required.
A. The entitlement for development of the entire site, or portions thereof, shall be authorized through the legislative approval of a development agreement pursuant to RCW 36.70B.170.
B. Submittal Requirements. Applicants shall submit the following information and material for administrative review:
1. Items set forth in Chapter 14A.04 of this code, Permit Processing.
2. If the project includes a division of land into tracts, parcels and/or lots for sale or lease, all submittal items set forth in Title 13 of this code, Subdivisions.
3. A master site plan drawing depicting the existing site characteristics; planned location of public and private streets; building envelopes, footprints and uses; building/site density and intensity; public and private open spaces; infrastructure rights-of-way and easements.
4. Preliminary engineering drawings showing the location and size of all ditches, culverts, catch basins, and other parts of the design for the control of surface water drainage.
5. Acreage calculations for public and private streets, stormwater facilities, open space dedications, and net developable area pursuant to Section 14.40.040.
6. Building elevations, streetscape section drawings including adjacent building frontages, landscaping, wayfinding signage, building materials, location of service areas and other design details consistent with Chapter 14.60 of this code.
7. A transportation study pursuant to Section 14.40.080.
8. A critical area report pursuant to Chapter 16.10 of this code related to wetlands, streams, geologic hazard areas, and sea level rise.
9. Other information and material as determined by the Director.
C. Departures from the development agreement and submittal requirements may be allowed by the Director upon a showing that said departures will result in development features and elements that are a superior product, better minimize impacts, and further the goals and policies of the subarea plan. (Ord. 20-625 § 2 (Exh. A), 2020)
14.40.160 Neighborhood meeting.
A. The applicant shall conduct a neighborhood meeting to discuss the proposed development. The meeting must be held at least thirty days prior to submitting a development agreement application.
B. The purpose of the neighborhood meeting is to:
1. Ensure the applicant pursues early and effective public participation in conjunction with the proposal, giving the applicant an opportunity to understand and mitigate any real and perceived impacts the proposed development might have to the neighborhood or neighboring cities.
2. Ensure that residents, property owners, business owners, and nearby cities have an opportunity at an early stage to learn about how the proposed development might affect them and to work with the applicant to resolve concerns prior to submittal of a development application.
C. The neighborhood meeting shall meet the following requirements:
1. Notice of the neighborhood meeting shall be provided by the applicant and shall include:
a. Date, start time, and location of the neighborhood meeting;
b. Description of the project;
c. Zoning of the property;
d. Site and vicinity maps;
e. A list of the land use applications that may be required; and
f. Name and contact information of the applicant or representative of the applicant to contact for additional information.
2. The notice shall be provided, at a minimum, to:
a. Property owners located within one thousand feet of the proposal;
b. The neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within five hundred feet of adjacent neighborhoods, those chairs shall also be notified);
c. Any city or town whose municipal boundaries are within one mile of the subject property.
3. The notice shall be postmarked ten to fourteen days prior to the neighborhood meeting.
4. The neighborhood meeting shall be held within the Town of Woodway.
5. The neighborhood meeting shall be held anytime between the hours of five-thirty p.m. and nine-thirty p.m. on weekdays or anytime between the hours of nine a.m. and nine p.m. on weekends.
D. The neighborhood meeting agenda shall cover the following items:
1. Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.).
2. Description of proposed project that includes:
a. Proposed mix of land uses, including the number of dwelling units and amount of nonresidential square footage;
b. Number of parking spaces; and
c. Location and amount of open space.
3. Listing of permits that are anticipated for the project.
4. Description of how comments made at the neighborhood meeting will be used.
5. Provide meeting attendees with the Town’s contact information.
6. Provide a sign-up sheet for attendees.
E. The applicant shall provide the Town with a written summary of the neighborhood meeting to be included with the development application. The summary shall include the following:
1. A copy of the mailed notice of the neighborhood meeting and a copy of the list to whom it was mailed.
2. A list of persons who attended the meeting and their addresses.
3. A summary of concerns, issues, and problems expressed during the meeting. (Ord. 20-625 § 2 (Exh. A), 2020; Ord. 13-549 § 1 (Exh. C.1 (part)), 2013. Formerly 14.40.075)
14.40.170 Review process.
A. A development agreement, pursuant to RCW 36.70B.170, is required for any new development in the UV zone and shall set forth the development standards, conditions, and other provisions that shall apply to govern and vest the development, use, and mitigation of the development. For the purposes of this section, "development standards" includes, but is not limited to:
1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes.
2. 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.
3. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW.
4. Design standards such as building massing, architectural elements, maximum heights, setbacks, conceptual street and streetscapes, drainage and water quality requirements, signage, palette of potential building materials, conceptual lighting, landscaping, and other development features.
5. Affordable housing units.
6. Parks and open space preservation.
7. Phasing of development.
8. Review procedures and standards for implementing decisions.
9. A build-out or vesting period for applicable standards.
10. Any other appropriate development requirement or procedure.
11. Preservation of significant trees.
12. Connecting, establishing, and improving nonmotorized access.
B. The Planning Commission shall review the application for compliance with this chapter and, following a public hearing in accordance with Chapter 14A.04 of this code, forward its recommendation to the Town Council.
C. The Town Council shall review the recommendation of the Planning Commission and may approve, or approve with conditions, the development agreement when all of the following are met:
1. The proposed development is consistent with goals and policies of the comprehensive plan as well as the goals and policies of the Point Wells Subarea Plan.
2. The proposed development is consistent with the goals, policies, and regulations of the Town’s Shoreline Master Program, Ordinance No. 19-600.
3. There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) that meet the Town’s adopted level of service standards (as confirmed by the performance of a transportation impact analysis) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases, or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed development, then the applicant must identify a plan for funding their proportionate share of the improvements.
4. There is either sufficient capacity within public services such as water, sewer, and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
5. The development demonstrates high quality design elements consistent with the urban village design standards set forth in Chapter 14.60 of this code.
D. Development Agreement Approval Procedures. The Town Council may approve development agreements through the following procedure:
1. A development agreement application incorporating the elements stated in subsection A of this section and Section 14.40.150(B) (development agreement submittal requirements) may be submitted by a property owner with any additional related information as determined by the Director. After staff review and SEPA compliance, the Planning Commission shall conduct a public hearing on the application. The Planning Commission shall then make a recommendation to the Town Council pursuant to the criteria set forth in subsection C of this section and the applicable goals and policies of the comprehensive plan. The Town Council shall approve, approve with additional conditions, or deny the development agreement. The Town Council shall approve the development agreement by ordinance or resolution.
2. Recorded Development Agreement. Upon Town Council approval of a development agreement under the procedure set forth in this subsection D, the property owner shall execute and record the development agreement with the Snohomish County Auditor’s Office to run with the land and bind and govern development of the property.
E. Consultation on Land Use Permit Applications. The Town shall provide a minimum thirty-calendar-day written notice of all land use permit applications in the UV zone, consistent with Chapter 36.70B RCW, Local Project Review. Staff from the city of Shoreline shall be invited to attend meetings between Woodway/Shoreline staff and the applicant relating to such permit applications and preapplication meetings, and shall be provided an opportunity to review and comment. (Ord. 20-625 § 2 (Exh. A), 2020; Ord. 13-549 § 1 (Exh. C.1 (part)), 2013. Formerly 14.40.080)
14.40.180 Amendments to regulations and standards.
The Town of Woodway shall provide the city of Shoreline with at least thirty calendar days’ written notice (unless otherwise agreed to or waived in writing), and a review and comment opportunity, for any legislative actions that may modify or amend the UV development regulations, or that otherwise impact the uses, development, or redevelopment of the Point Wells area. Notice shall include, but not be limited to, notice of all Planning Commission and Town Council meetings and hearings related to such legislative considerations or actions. (Ord. 20-625 § 2 (Exh. A), 2020)