CITY OF MOUNTLAKE TERRACE ORDINANCE NO. 2683

CITY OF MOUNTLAKE TERRACE ORDINANCE NO. 2683 AN ORDINANCE OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, AMENDING STANDARDS OF THE BC-DOWNTOWN (TOWN CENTER) ZONING DISTRICT TO REINFORCE THAT GOALS AND OBJECTIVES OF SAID DISTRICT AS DEFINED IN COMPREHENSIVE PLAN AND TOWN CENTER VISION ARE MET, SPECIFICALLY: AMEND MTMC 19.15.070 TO ADOPT A DEFINITION OF FLEX-SPACE TOWNHOUSE; AMEND MTMC 19.15.130 TO CLARIFY DEFINITION OF LIVE/WORK UNIT; AMEND MTMC 19.50.020 TO INCLUDE HOME OCCUPATIONS AS A PERMITTED USE; AMEND MTMC 19.50.050 TO RE- DEFINE LOCATIONS FOR LIVE/WORK TOWNHOUSES AND TO DEFINE LOCATIONS FOR FLEX-SPACE TOWNHOUSES; AMEND MTMC 19.50.065 TO ADDRESS ANGLE-IN PARKING STANDARDS AS THEY APPLY TO TOWNHOUSE-TYPE DEVELOPMENT; AMEND MTMC 19.50.070 PERTAINING TO EXISTING SINGLE-HOUSEHOLD DEVELOPMENT, PEDESTRIAN ACTIVITY AREA STANDARDS AND LIVE/WORK TOWNHOUSE STANDARDS IN THE TOWN CENTER WHEREAS, the City s BC Downtown District (Town Center) is intended to provide opportunities for new commercial development, provide for future residential growth in a mixed use environment; provide for pedestrian activities; and facilitate transit oriented development; and WHEREAS, the City s long term economy depends upon the Town Center to provide for its long term economic growth by providing opportunities for retail, professional office and other commercial and service activities; and WHEREAS, residential development in the Town Center, appropriately balanced with commercial development, is a vital component to both creating a mixed use district and attracting retail and business to the Town Center; and WHEREAS, the successful development of the Town Center will meet the needs of the City s long term population growth while preserving the established character of the City s existing residential neighborhoods; and WHEREAS, the City adopted amendments to Town Center standards in July 2015 to reinforce that Town Center objectives were met; and WHEREAS, since adoption of the 2015 amendments, the City has had opportunity to apply Town Center standards to development applications submitted after the amendments, which has helped to evaluate how effective adopted standards are in real applications and what changes may yet be needed to achieve Town Center objectives; and

Ordinance Amending Town Center Development Standards Page 2 of 14 WHEREAS, a close evaluation of models and market demand for live/work townhomes in the region reveals that additional changes are needed to adopted live/work townhome standards and also parking standards as they relate to live/work townhomes and similar unit types; and WHEREAS, home occupations can be an effective use of townhouse-type development in the Town Center; and WHEREAS, home occupations are not currently a permitted use in the Town Center and the City desires to allow home occupations in the Town Center in association with townhousetype development; and WHEREAS, the 2015 update to Town Center standards included amendments to how existing single-family homes are regulated in the Town Center, which included new provisions allowing existing single family homes as a permitted use subject to criteria pertaining to how the property might be burdened by private covenants that would preclude any other use on the property; and WHEREAS, an inconsistency has been identified between the newly adopted provisions for existing single-family homes in MTMC 19.50.020(G)(2) and other unchanged provisions for single family homes in MTMC 19.50.070(G); to wit, the newly adopted provision allows single family homes in the Town Center to be rebuilt subject to criteria pertaining to how the property might be burdened by private covenants, while the unchanged provision in MTMC 19.50.070(G) limits rebuilding to a 50% valuation clause and also allows additional structures to be built not otherwise allowed under the newly adopted provisions in MTMC 19.50.020(G)(2); and WHEREAS, State Environmental Policy Act (SEPA) review was performed on the proposed amendment and a Determination of Non-significance (DNS) was issued on February 11, 2016, which has not been appealed; and WHEREAS, amendments contained in this ordinance are consistent with provisions in the Vision for the Mountlake Terrace Town Center as adopted in 2007 and amended in 2009 including but not limited to provisions for creating transition areas between commercial and single-family zones, focusing on the periphery of the town center for transitional purposes, using townhomes and live/work units to provide transition to the single-family residential neighborhoods surrounding the town center, reserving the Sub-district D for small mixed use buildings with retail on the ground floor and office or residential on the second floor, provisions for diagonal angle-in parking in conjunction with streetscape improvements, facilitating pedestrian activities in town center core; and WHEREAS, MTMC 19.110.240C sets forth three criteria, including consistency with the City s Comprehensive Plan, for amending the zoning code and both the Planning Commission and City Council considered whether the proposed zoning code amendments met each of the criteria; and WHEREAS, the Growth Management Act of the State of Washington (GMA) contains goals and requirements, such as consistency with the local Comprehensive Plan, that pertain to

Ordinance Amending Town Center Development Standards Page 3 of 14 zoning code amendments and the proposed zoning code amendments in this ordinance are consistent with the GMA; and WHEREAS, a copy of this ordinance was sent to the Department of Commerce on February 11, 2016 its 60-day review and comment period; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on March 28, 2016 and has forwarded a recommendation to the City Council to approve the proposed amendments; and WHEREAS, the City Council held a public hearing on the proposed amendments on April 18, 2016, considered the proposed code amendment and the entire record, including recommendations from the Planning Commission, and found the proposal to be consistent with the criteria in MTMC 19.110.240C for amending the zoning code and with the Growth Management Act; and WHEREAS, the City Council finds that the proposed amendments are consistent with the City s Comprehensive Plan and other goals and objectives of the City; and WHEREAS, the adoption of this Ordinance will promote the public health, safety, and general welfare within the City of Mountlake Terrace. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact and/or Conclusion of Law of the City Council pursuant to the requirements of Mountlake Terrace Municipal Code 19.110.240C. The City Council bases its findings and conclusions on the entire record of testimony and exhibits, including all written and oral testimony before the Planning Commission and the City Council. Section 2. Amendment. Mountlake Terrace Municipal Code Section 19.15.130, definitions of terms beginning with L, is hereby amended to read as follows: 19.15.130 L. Land area per unit, minimum means the minimum amount of land area required for each multi-household dwelling unit to be constructed on any single lot. For the purposes of this title, any portion of a lot, tract, or parcel of land in any access easement, private road (excluding a driveway exclusively serving the site), or public right-of-way shall be excluded from calculating the minimum land area per unit. Laundromat/dry cleaning means a commercial facility featuring self-operated laundry machines which may include a dry cleaning operation. Light industrial means industry or industrial uses that employ less than 500 people on a subject site and are limited in scale and intensity related to noise, emissions, glare, and other impacts.

Ordinance Amending Town Center Development Standards Page 4 of 14 Live-work townhouse or live-work unit means a townhouse with commercial use on the ground floor and a private home above, designed to be used for both single-occupant or dualoccupant usage (i.e., one occupant for the residence; another occupant for the commercial space). Loading space means an area required to be maintained on certain business and commercial lots, in addition to regular yard requirements, used for the loading and unloading of trucks or other vehicles or passengers of vehicles. Lodging means a facility in which rental sleeping accommodations are provided, typically for transient use. Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours. Lot means any area of land created through a division. The term also includes parcels. Lot area means the land area contained within the various lines forming the perimeter boundary of any described lot, tract, or parcel of land. For the purpose of this title, any portion of a lot, tract, or parcel of land in any access easement, private road, or public right-of-way dedication shall be excluded from calculating the lot area, unless otherwise specified by this title. Lot, corner means a lot fronting on two or more intersecting streets. A corner lot is considered to have a front yard along each street frontage. Lot coverage means the portion of the lot that is covered by buildings; or, if specifically so indicated, the portion of the lot that is covered by buildings and parking surfaces. Lot depth means the average horizontal distance between the front lot line and the rear lot line. Lot, flag/panhandle means a lot configured with a narrow extension of land connecting the main buildable area of the lot to a street, private street, or all. The narrow extension of land in a flag lot provides for a vehicular and/or utility access to the main buildable area of the lot, but is not wide enough for a development and does not meet minimum lot width requirements. Lot, interior means a lot other than a corner lot. Lot line, front means that boundary of a lot which is along an existing street or private street (including streets on corner lots), or in the case of through lots or lots where no public or private street exists, it is the line first crossed when gaining legal vehicular access to the property. Lot line, rear means that boundary of a lot most nearly opposite and distant from the front lot line. In the case of corner lots, the rear lot line is the line most distant and opposite of the narrower of the two frontages. In the case of through lots, it is the line most nearly opposite the front lot line. In the case of three-sided, triangular, or pie shaped lots having boundaries that converge to the rear, there is no rear lot line, in which case rear yard setbacks shall be measured from the point where lot lines converge and the required setback from that point shall be double the standard setback. In the case of other irregular shaped lots, the rear lot line shall be determined by the Director based upon an examination of existing or likely setbacks of surrounding development. Lot line, side means any boundary of a lot which is not defined as a front lot line or a rear lot line. Lot of record means a parcel of land satisfying the requirements of MTMC 17.01.080. Lot, through means a lot fronting on more than one street and which is not a corner lot. On a through lot, the front yard will be considered the side from which the property is addressed, and the rear yard is considered that portion of the lot most directly opposite the front yard. Lot width at building setback line means the horizontal distance between side property lines measured at the front yard building setback line.

Ordinance Amending Town Center Development Standards Page 5 of 14 Lot width at street means the horizontal distance between the side lot lines measured along the street right-of-way or access easement. Section 3. Amendment. Mountlake Terrace Municipal Code Section 19.15.070, definitions of terms beginning with F, is hereby amended to read as follows: 19.15.070 F. Factory-built/modular housing means any structure that meets UBC standards and is designed for human occupancy other than a manufactured home, the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site. Final decision means the final action by the Principal Planner, City Engineer, Public Works Director, City Manager, Planning Commission, Hearing Examiner, or City Council. Flex-space townhouse or flex-space unit means a townhouse with all essential rooms for a dwelling contained on the second floor, and includes on the ground floor a generally square or rectangular flex room of at least 150 square feet that is directly accessible to the outdoors and which may be used for either residential purposes or for home occupation purposes. Floor area, gross means the total square footage of floor space in a building measured from the exterior faces of the exterior walls, including but not limited to elevator shafts, basements, stairwells, and hallways and all other floor space in a building. For commercial uses which customarily are not confined to a building and which in significant part occur in the open air, the gross floor area shall be calculated as the total of the square feet of floor space in the building and the portion of the site where the commercial use occurs outdoors. Floor area ratio (FAR) means the number resulting when floor area is divided by lot area. Foundation, permanent means a structure affixed to the land in such a manner that it may not be readily removed, and including adequate provisions for support of a building or mobile home, and constructed in accordance with regulations enforced and administered by the Official. Fraternal organization means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements. Functional Disabilities, Person (With). See Person with functional disabilities. Section 4. Amendment. Mountlake Terrace Municipal Code Section 19.50.020, Permitted uses, is hereby amended to read as follows: 19.50.020 Permitted uses. Permitted uses in the BC Downtown district are limited to the following and subject to other regulations (uses denoted with an asterisk (*) are subject to the Section 19.50.070 Special Regulations): A. Commercial services*; B. Commercial retail*; C. Medical/health care, excluding hospitals and ambulance services; D. Recreation facilities that are located entirely outdoors; E. Eating/drinking establishments*; F. Transportation facilities*; G. Residential, namely:

Ordinance Amending Town Center Development Standards Page 6 of 14 1. Motels, hotels; 2. Detached single-household residential dwelling legally established prior to December 30, 2006, provided that: i. It can be demonstrated that private covenants applicable to the plat in which the lot is located allow no other use or type of development otherwise allowed in the BC Downtown district; ii. The structure and site improvements are fully compliant with applicable private covenants established prior to December 30, 2006; and iii. The structure is not enlarged or expanded beyond the size and location legally established prior to December 30, 2006. 3. Live-work townhouses; 4. Townhomes legally established prior to July 6, 2015; 5. Multi-household residential; 6. Assisted living facilities legally established prior to June 30, 2011; H. Public utility facilities; I. Public service facilities; J. Manufacture, processing, or assembly of items that are sold from or displayed in a show/sales room directly fronting the street; K. Home Occupations. Section 5. Amendment. Mountlake Terrace Municipal Code Section 19.50.050, type and dimensional requirements, is hereby amended to read as follows: 19.50.050 type and dimensional requirements. A. Type Defined. The following are the general building types, based on the number of stories that are allowed above grade point 1 within the BC/D district, subject to subsection B of this section: 1. Type 1: Seven-story building. 2. Type 2A: Six-story building. 1 Within the context of this Section, stories always refers to stories above grade point as defined in this Chapter.

Ordinance Amending Town Center Development Standards Page 7 of 14 3. Type 2B: Five-story building. 4. Type 3: Four-story building. 5. Type 4: Three-story building. 6. Type 5: Two-story building. 7. Type 6: Single-story building. 8. Type 7: Two- or three-story live-work townhouse. 9. Type 8: Two or three-story flex-space townhouse. B. Type District. 1. Map 19.50.050(B) identifies subdistricts in the BC/D Zone. In each subdistrict, only the following building types will be permitted, subject to the exceptions in MTMC 19.50.090, and subject to the criteria specified below. a. District A: Type 1, 2, 3, or 4. b. District B Incentives Overlay: Type 2A, 2B, 3, or 4. c. District B: Type 2B, 3, or 4. d. District C: Type 3, 4, or 5. e. District D: Type 4, 5, 6, or, in specified locations, Type 7. f. District E: Type 7 or, in specified locations, Type 8.

Ordinance Amending Town Center Development Standards Page 8 of 14 g. Type 7 (live-work townhouse) is permitted in District D only on lots lying north of 232 nd Street SW, south of 238 th Street SW, and on the southeast corner of 232 nd Street and 55 th Avenue W. h. Type 8 (flex-space townhouse) is allowed in District D only in conjunction with Type 7 (live-work townhouse) on the same lot, subject to the following criteria: i. Each original-platted lot contains at least one live/work townhouse ( Type 7). ii. Flex-space townhouses ( Type 8) are permitted only to the rear or side of live-work townhouses, provided that in the case of corner lots, flex-space townhouses are not permitted as the corner unit in District D. i. Type 8 (flex-space townhouse) is allowed in District E only on lots fronting on 58 th Avenue, on lots fronting on 55 th Avenue lying south of 238 th Street SW., or to the rear or side of live-work townhouses otherwise permitted in District E. Map 19.50.050(B)

Ordinance Amending Town Center Development Standards Page 9 of 14 2. The dimensional requirements for each building located in the BC/D District are listed in Table 19.50.050(B), except as otherwise stated in MTMC 19.50.070, Special regulations. lot area lot width lot depth platted lot size front yard side yard side yard, adjacent to street facade stepback footprint above second story yard when abutting singlefamily residential zone FAR Maximum lot coverage Type 1 50,000 sq. ft. Type 2A 30,000 sq. ft. Type 2B 20,000 sq. ft. Table 19.50.050(B) Type 3 Type 4 14,000 sq. ft. 5,000 sq. ft. Type 5 2,500 sq. ft. Type 6 2,500 sq. ft. Type 7 1,500 sq. ft. Type 8 1,500 sq. ft. 150 ft. 100 ft. 100 ft. 100 ft. 50 ft. 25 ft. 25 ft. 25 ft. 25 ft. 150 ft. 100 ft. 100 ft. 100 ft. 75 ft. 75 ft. 75 ft. 60 ft. 60 ft. 20,000 sq. ft. (Applies only to newly created lots through subdivision process and to lots adjusted through boundary line adjustment process. Does not apply to lots merged or consolidated through boundary line adjustment process.) None, except to provide a pedestrian activity area and frontage parking as required, or as needed to comply with locational standards defined for a particular Type. None. None, except to provide a pedestrian activity area and frontage parking as required, or as needed to comply with locational standards defined for a particular Type. 10 ft. above the first or second story. footprint above second story shall be at least 75% of the ground floor footprint, or as large as step-back requirements allow, whichever is less. 10 ft., plus 1 foot for each foot of building height above 30 ft. None Required. No. None. 1.0 1.0 0.80 0.75 0.5 0.4 0.4 0.4 0.4 90% 90% 90% 85% 85% 70% 60% 75% 75%

Ordinance Amending Town Center Development Standards Page 10 of 14 for building and parking Maximum building height Maximum stories above grade point landscaping requirement Type 1 Type 2A Type 2B Table 19.50.050(B) Type 3 Type 4 Type 5 Type 6 Type 7 Type 8 85 ft. 75 ft. 65 ft. 50 ft. 40 ft. 35 ft. 35 ft. 35 ft. 35 ft. 7 6 5 4 3 2 1 3 3 10% 10% 10% 15% 15% 30% N/A N/A N/A Section 6. Amendment. Mountlake Terrace Municipal Code Section 19.50.065, Driveway & Frontage-parking Standards, is hereby amended, to read as follows: 19.50.065 Driveway & Frontage-parking Standards. A. Driveways. To provide maximum opportunities for street parking and to provide safe and effective ingress/egress to properties, Driveways in the BC/D District are subject to the following standards: 1. Maximum width. Driveways are limited to maximum widths, as measured at the throat. a. Two-way driveway twenty-four (24) feet. b. One-way driveway twelve (12) feet. 2. Maximum curb cuts. Each property is allowed one curb cut per parcel frontage or one cut per 240 feet, except that the City Engineer may approve additional curb cuts per frontage to facilitate one-way driveways if he or she finds that: a. A one-way traffic circulation is better suited to provide an efficient circulation pattern, both for on-site circulation and within the abutting street. b. There will be no diminishment of street parking as a result of the additional curb cuts. B. On-site Frontage Parking. To enhance the appearance and function of street-parking, on-site frontage parking shall be provided in accordance with the following standards. 1. 45 degree angle-in parking shall be provided along the full frontages of parcels except where deemed impractical by the City Traffic Engineer due to right-of-way improvements, proximity to intersections and/or traffic movement and safety considerations. 2. Frontage parking may extend into the abutting right-of-way to the degree the rightof-way width and other cross-section design considerations provide room for on-street parking. 3. Angle-in frontage parking shall be counted toward on-site parking requirements even when partially extending into the right-of-way if it results in more site encroachment than would otherwise be necessary under adopted standards for street improvements with parallel parking.

Ordinance Amending Town Center Development Standards Page 11 of 14 4. A public sidewalk conforming to city standards for sidewalks along the abutting street shall be provided between the frontage parking and the on-site development. The sidewalk shall be designed as a continuation of, and an extension to, the existing or planned network of street sidewalks for the area and shall accommodate all planned improvements for and along sidewalks, e.g., benches, lighting, landscaping. A public pedestrian and sidewalk improvement easement shall be provided in a form acceptable to the City. 5. The final design and layout of the frontage parking and associated sidewalk improvements shall conform to adopted standards for street and sidewalk improvements and shall be subject to the City Engineer s approval. Section 7. Amendment. Mountlake Terrace Municipal Code Section 19.50.070, Special Regulations, is hereby amended to read as follows: 19.50.070 Special regulations. Special regulations, as specified below, shall apply to certain uses and locations in the area zoned as BC Downtown: A. Sexually oriented adult businesses/adult entertainment establishments shall not be permitted. B. Multiple-household residential development shall be allowed; provided, that commercial uses are located on the ground floor in Types 1 through 6 and that in Types 1, 2A, and 2B, at least 60 percent of the commercial ground floor area shall be for retail or eating/drinking establishment uses. C. Casinos or social card rooms as defined in RCW 9.46.0217 and 9.46.0282 shall not be permitted. D. All uses shall be conducted wholly within an entirely enclosed building except for the following: 1. Public utility facilities; 2. Parking and loading areas; provided, that no area outside of an enclosed building shall be used for storage, repair or sale of vehicles; 3. Outdoor advertising structures; 4. Sale or display of retail goods as part of a permitted farmers market, street vendor cart/stand or seasonal event, or sale or display of fresh market produce, including cut flowers, in conjunction with an adjacent business; provided, that no combination of awnings or tents that comprise more than a total of 200 square feet anywhere on the lot shall remain outdoors on site for more than 72 consecutive hours unless the structures are specifically permitted as a temporary use or part of an approved building in compliance with applicable building and fire code standards; 5. Outdoor dining, outdoor entertainment, and similar pedestrian leisure activities that are part of specified permitted uses, conditional uses, or accessory uses defined in this Chapter. E. Manufacture or assembly shall be limited to containers or supplies and final packaged products that do not exceed 12 feet in any dimension. F. Nuisances and Safety. Uses that create a nuisance by reason of smoke, fumes, odor, steam, gases, vibration, hazard or noise shall be prohibited. Any use that includes emergency vehicles as part of its operation shall be designed for emergency vehicle egress that is as safe as possible for pedestrians and traffic. G. Special Provisions for Existing Single-Household Dwellings. An existing detached single-household dwelling and its associated improvements such as garages, carports, storage sheds and fences may be rebuilt, repaired, and otherwise changed for human occupancy, subject

Ordinance Amending Town Center Development Standards Page 12 of 14 to the criteria of MTMC 19.50.020(G)(2). Any such improvements shall comply with the development regulations specified for the RS 7200 zoning district for single-household dwellings and accessory structures. H. Parking Standards for BC Downtown. Within the BC Downtown zone, a minimum number of vehicle parking spaces shall be provided on site as follows: 1. Commercial uses: two spaces for each 1,000 square feet of gross, leasable area, except that the first 5,000 square feet of a retail use or an eating/drinking establishment within a building or on a single parcel shall be exempt from the minimum number of required parking spaces, so long as at least four on-street parking spaces are within 200 feet. 2. Residential uses: 0.75 space for each studio or open bedroom studio unit; 1.25 spaces for each unit of one to two bedrooms; 1.5 spaces for each unit of three bedrooms; one space per two bedrooms beyond three bedrooms in any unit. Hotel: one space for each unit. 3. Frontage Parking. In conjunction with required on-site parking, frontage parking shall be provided in accordance with Section 19.50.065. I. Pedestrian Activity Area. A pedestrian activity areas of 15 feet in depth shall be provided in front of all buildings and extend along the entire parcel s frontage. The depth of the pedestrian activity area may include the width of abutting street sidewalks, excluding sidewalk bulb-outs which extend into the street to direct traffic and minimize crosswalk distances. Reductions and encroachments are permitted as follows: 1. The pedestrian activity area may be reduced to a minimum depth of 10 feet to facilitate required angle-in parking in front of live-work and flex-space townhouses only, provided that this reduction does not apply to frontages on 56 th Avenue between 238 th Street SW and 230 th Street SW, or to frontages on 232 nd Street SW or 234 th Street SW lying west of 56 th Avenue. 2. Upper floors of the abutting structure may cantilever over the required pedestrian activity area by no more than three feet, provided that (a) the cantilevered portion is fully on-site, (b) at least 10 feet of clearance is provided beneath the cantilever, (c) the cantilever is at least 10 feet from the center of any trees within the pedestrian activity area or within the right-of-way, and (d) the cantilever is at least 3 feet from any light pole and its associated fixture. J. Design Standards. To assure an attractive, pedestrian-friendly environment, all development occurring within the BC Downtown district upon the effective date of the ordinance codified in this section, unless otherwise exempted by this chapter, shall comply with Town Center design standards which are attached to the ordinance codified in this section and adopted by reference as though fully set forth herein and which shall be available from the Department. If said design standards appear to conflict with another provision of this title, the design standards shall prevail. K. Landscaping, Pedestrian and Bicyclist Features. Pedestrian amenities, benches, bicycle stands, refuse and recycle containers may be located within required landscape areas and pedestrian activity areas as long as a minimum eight-foot-wide area is available for pedestrian and wheelchair use between intersections; provided, that the placement of such features is consistent with the design standards referenced in subsection J of this section. L. Conditional uses shall be evaluated or conditioned in part based on: 1. Pedestrian orientation; 2. Avoidance of shading effect on public plazas and single-household zones; 3. Provision for transition between intense uses and single-household zones. M. Garages. For single-dwelling houses, Type 7, and Type 8 buildings, garage openings shall not face public streets other than service alleys; provided, that this provision does not apply

Ordinance Amending Town Center Development Standards Page 13 of 14 to any garage located more than 40 feet from a street or any garage legally built prior to January 1, 2009. N. For development that provides environmentally friendly techniques, such as low stormwater impact measures or a LEED Silver or higher rating, or public open space in addition to required pedestrian activity areas, the Department may approve minor deviations up to 10 percent from the required parking spaces and the exact dimensional requirements specified in MTMC 19.50.050(B)(2), except that no deviation from height requirements is allowed. O. Within the area designated as District B incentives overlay, an extra story of development (up to six stories total) is allowed if the project provides low impact stormwater design and energy conservation features that achieve a greater environmental benefit than the minimum measures required by code and that are approved as sustainability incentives by the Director. Such development, if approved, is subject to the dimensional requirements of MTMC 19.50.050(B). P. Chapter 19.126 MTMC shall regulate electric vehicle infrastructure. Q. The locational and area standards of this chapter and of any other regulations in this title pertaining to development under this chapter do not have to be met on individual lots, parcels or tracts developed under the provisions of Chapter 17.05 MTMC, Binding Site Plans, or Chapter 17.09 MTMC, Fee Simple Unit Lot Subdivisions; provided, that they are met on the collective lots, parcels and/or tracts in a binding site plan or fee simple unit lot subdivision and that all standards otherwise applicable to the outer perimeter of individual lots (e.g., setbacks, landscaping and buffers) are met around the outer perimeter of the binding site plan or fee simple unit lot subdivision. R. Auto-oriented Uses. Carwashes and auto-repair or maintenance facilities are not allowed on parcels abutting 56 th Avenue or 236 th Street SW. Gas stations are expressly prohibited anywhere in the BC/D District pursuant to Section 19.50.070(D). Uses with drive-up windows are permitted, provided that the drive-up window does not directly face 56 th Avenue or 236 th Street SW or otherwise get access to or from these streets. S. Primary-use Parking Prohibited. Parking in the BC/D district is limited to parking associated with established uses in the BC/D district, and to parking provided by the City including both street parking and off-street parking. Primary use parking is otherwise expressly prohibited. T. Ground-floor Commercial. Where ground-floor commercial uses are required under the provisions of Subsection B of this Section, the commercial space shall (a) have a minimum average depth of fifty (50) feet (measured from the front wall to rear wall) and extend across at least 75% of any street-facing façade within 50 feet of the street right-of-way (excluding alleys and private rights-of-way), or (b) encompass at least 50% of the ground floor level of the structure. U. Live-work Townhome Development. Type 7 structures (live-work townhomes) located in the BC/D zoning District are subject to the following standards: 1. Design for Commercial Use. Live-work townhomes shall be designed and built to accommodate ground floor commercial uses by including: a. Ground floor windows that cover at least 50% of the ground floor façade. b. Workspace entrances directly facing the street. c. Separate private entrances to the residential portion of the unit facilitating independent access and lock-out security between living and work spaces. d. Ground floor ceiling heights of at least 10 feet. e. An open ground-floor floor plan that (a) can be fully and readily converted to commercial or office space (excluding garage, and stairwell areas that serve the residential use), and (b) includes a generally square or rectangular open work room at least 220 square feet.