Mountlake Terrace City Zoning Code

The Special Development District is designed to promote the following purposes:

Residential uses, which include:

Primary uses as stated are intended to determine the overall character of the property. At least one primary use must be developed and under construction prior to or concurrently with any secondary uses. Preference should be given to secondary uses which provide complementary or supportive services to primary uses. Other permitted secondary uses should enhance the overall site design of the property. Secondary uses shall not be permitted in areas where such uses would adversely impact adjacent residential areas or where natural site conditions such as poor soils or steep slopes would restrict adequate circulation or access and egress.

The developer will be required to provide noncommercial recreational facilities which relate to the physical scale of the project as well as the anticipated needs of the residents.

Requirements for recreational investment are per MTMC § 19.30.080.

Open space and private balconies shall not be considered as recreational area.

Noncommercial recreational facilities shall be operated on a not-for-profit basis for the use of residents of the development and their guests. Such facilities may include, but are not limited to: Sport courts, swimming pools, spas, golf courses, and game rooms.

All public improvements, including utilities, curbs, gutters, streets, and sidewalks shall be installed by the developer according to standards set by the City Engineering Department.

Access to the project should be through the expansion and improvement of existing rights-of-way and in accordance with the Mountlake Terrace Comprehensive Transportation Plan. Where adequate engineering traffic and soils studies indicate an alternate circulation plan will better serve the projected demands, without overburdening or otherwise negatively impacting the community's residents, public services, or environmental quality, the Planning Commission may recommend that the City Council approve such a plan.

The landscaping of the site should serve to soften the visual impact of the project on surrounding streets and residential areas, according to the following schedule. See Chapter 19.130 MTMC for a description of the landscape types.

All barren slopes should be seeded and planted to reduce erosion potential.

All other landscape requirements of Chapter 19.130 MTMC shall apply to the Special Development District including: irrigation, interior parking lot landscaping, plant materials, fences, hedges, and screening height limitations.

Parking standards of Chapter 19.125 MTMC shall provide guidelines for projects in the Special Development District. Modification of these standards may be allowed through review of the Planning Commission and City Council if the applicant can substantiate particular characteristics of the proposal that will reduce the need for the required amount of parking.

Chapter 19.135 MTMC shall determine regulation of signs in the Special Development District. Wall signs for commercial uses must adhere to requirements for BC zones; multi-household residential uses must conform to RM zoning requirements. All freestanding signs in the Special Development District must be approved by the Planning Commission.

Stream beds which run through a Special Development District should be cleaned of debris and improved according to the guidelines of the Washington State Department of Fisheries and Game and in accordance with the recommendations of any applicable Comprehensive Drainage Plans.

All projects which may directly or indirectly affect streams must have the project plans approved by the Washington State Department of Fisheries and Game prior to approval of any development activity.

Project plans should reduce the existing and future potential for creek flooding and contribute to the regional storm drainage detention system.

Stream beds should be used as an amenity to enhance the overall quality of the project and where deemed appropriate by the City, provide a lighted pedestrian/bike pathway to follow the course of the stream bed. Direct access into streams should be limited in order to protect the stream's natural habitat. An example of a possible stream and pathway treatment is shown in Figure 1. Maintenance of the stream and adjacent pathways and open space must be assured through an agreement with an owner's association, management operation, or other legally binding agreement which the City approves.

Setbacks from the stream shall be determined by the City's Surface and Subsurface Drainage and Erosion Control Ordinance or by requirements set by the Washington State Department of Fisheries and/or Department of Wildlife, whichever is greater.

Open space should be arranged in such a way to utilize and enhance the natural amenities of the site.

Common open space should be available for use by residents, tenants, and the general public.

Open space may be used for passive recreation; landscaping; visual, noise or land use buffers; drainage control; or other purposes the City may approve during the project review and approval.

Locate open space so that it buffers the proposed development from neighboring developments.

All requirements of Chapter 16.20 MTMC shall be met, including compliance with MTMC § 16.20.080(D) (Clearing and Grading Permit).

Access and egress from the project should be designed to minimize conflicts on adjoining public rights-of-way.

The Planning Commission and City Council may impose additional requirements for the circulation system in order to mitigate negative impacts on surrounding areas.

Phasing of projects may be permitted upon submission and approval of a conceptual, construction, and phasing plan and schedule for development of the entire parcel. Such a plan may contain no more than five phases, with the first phase containing at least 15 percent of the total land area.

An approved stream treatment and/or rehabilitation plan shall be completed as part of any Phase I construction.

Environmental review, including preparation of an environmental impact statement if required, shall be undertaken for the entire proposal and shall not be limited to a single phase.

No major change in use, intensity, site layout, utilities, open space, or public access shall be allowed from the approved conceptual plan unless such change is demonstrated by the proponent to be justified in light of conditions not contemplated at the time of approval of the conceptual plan and to be consistent with the provisions of this chapter and the Mountlake Terrace Comprehensive Plan.

All necessary permits for each phase must be issued before an occupancy permit can be obtained.

The City may impose additional or modified conditions upon the conceptual approval, subsequent to the granted approval, in order to mitigate impacts on the environment, the extent or nature of which were not known prior to actual development of any phase of the project, or in order to utilize information as to how to more effectively mitigate such impacts which were gained subsequent to commencement of actual development of any phase.

In the event that an integrated plan for an entire Special Development District is submitted which meets the purpose and intent of this title, is compatible with the surrounding land uses and general community, and respects the sensitivity of the environment, upon recommendation by the Planning Commission, the City Council, at their discretion, may revise, amend, or waive any of the criteria specified under this title through the execution of a binding concomitant agreement.

Through the use of a concomitant agreement, the City Council may specify, but shall not be limited to: permitted uses, densities, building size and height, setbacks, floor area requirements, size limitations of secondary uses, open space and landscape requirements, recreational requirements, traffic improvements, project design, phasing schedules, and construction materials.

The concomitant agreement shall state that it is subject to the normal hearing process.

Application for preliminary site plan review shall be made on forms supplied by the Community Development Department together with the supporting materials identified on those forms, and shall meet the requirements of a complete application as described in MTMC § 18.05.120. The review fee as determined by other City ordinances must accompany the completed application. It is the applicant's responsibility to become familiar with the provisions of the City's Zoning Ordinance and other ordinances related to property use and development. If subdivision or binding site plan is proposed, the complete application shall include both site plan and subdivision or binding site plan proposals. (See Subdivision Ordinance[1] for Subdivision Application Requirements.)

Upon submission of all the required information to the Planning Department, the secretary shall include the proposal at the next meeting of the Planning Commission which would allow staff review.

The Planning Commission shall review the proposed project for compliance with the criteria of this title and other related standards of the City. The Planning Commission may exercise discretion in relaxing or waiving the design and development criteria herein set forth and the legislative body shall reserve to itself that same discretion to relax and/or waive said criteria, provided the basic intent of this district is preserved by the proposed plan.

The Planning Commission shall recommend to the City Council approval, disapproval, modification, or special conditions of approval.

The Planning Commission may also recommend to the City Council modifications to building location, design, parking, landscaping, lighting, access, utilities, and phasing elements that will make the project more compatible with the intent and design criteria of this title.

If subdivision is proposed, it shall be reviewed concurrently with the site plan.

The City Council shall consider the proposal and the recommendations of the Planning Commission following a City Council open record public hearing.

Preliminary approval indicates approval of the concept of a proposal subject to any conditions specified in that approval.

Final site plan approval shall be requested in writing within one year of preliminary approval. If the project is to be developed in phases, final approval for each phase shall be requested within time periods established by the City Council during the preliminary review. In any event, final approval for the first phase shall be requested within one year of preliminary approval. Failure to file such a request with the Planning Commission within the stated period shall result in expiration of preliminary plan approval and require re-approval of the preliminary site plan and payment of one-half of the original preliminary application fee.

Final site plan submittal shall be subject to the same review requirements of the preliminary approval except no hearings shall be required. Application for final site plan review shall be made on forms supplied by the Planning Department together with the supporting materials identified on those forms. The review fee for final application shall be one-half the preliminary fee for each phase reviewed.

If the Planning Commission determines that the final site plan application is consistent with the approval of, and all conditions imposed upon the preliminary plan, the Commission shall recommend approval of the final site plan to the City Council. The City Council, upon verification of the Planning Commission determination shall approve the final plan.

Prior to final approval by the City Council, adequate guarantee, as determined by the City Attorney, must be provided to insure permanent maintenance of "open space" not dedicated for public use.

Final approval shall be effective for two years, except as approved under a phasing plan, from the date of City Council approval of the final site plan and shall allow the applicant to apply for development permits within that period of time, not withstanding other time limitations of utility, site development, and building design. In any case, if subdivision is also approved, the final approval period shall be regulated by one final approval period provided for in the Subdivision Ordinance.

Modifications of access building locations, exterior finish or design of structure, change of proposed signing, exterior lighting, landscaping, or open space shall be subject to review as a final site plan, except that a hearing shall be required if major access points are modified or addition of new buildings is proposed.

Special regulations, as specified below, shall apply to certain uses and locations in the SDD/R district: