49
City Planning Commission Regular Meeting City of DuPont Monday, July 11, 2016 at 6:00 PM 1700 Civic Dr. DuPont, WA 98327 Aaron VanAlstine (Chair, Position 5) Beth Elliott (Position 1) Jennifer Brown (Position 2) Renee Buck (Position 3) Chris Barnes (Position 4) 1. Call to Order 2. Approval of Agenda 3. Citizen Comments for non-agenda items (Citizens are requested to testify on agenda items as they are discussed during the Planning Commission Meeting.) 4. Old Business Review of draft updates to the DMC: o Affordable Housing Incentives Program (25.XX) o Comprehensive Plan Amendments under emergency situations (25.170.110 & 25.10.050) o Excavation and Grading (12.07) o Fire Impact Fees (26.05) o Stormwater Management Regulations and Requirements (22.01) o Mineral Resource Overlay (25.60) o Military Lands (25.57) o Transportation Concurrency Review (25.XX) 5. New Business Workshop on proposed amendments to DMC 25.35 - Mixed Use District to consider provisions for indoor storage. 6. Staff Update 7. Upcoming Schedule Next Meeting: Monday, August 8, 2016; 6:00 PM 8. Citizen Comments 9. Member Comments 10. Adjournment

City Planning Commission Regular Meeting City of … Planning... · Provides a tiered system of ... Updates reference to the Department of Ecology’s Stormwater Manual for ... approve

  • Upload
    vuquynh

  • View
    213

  • Download
    0

Embed Size (px)

Citation preview

City Planning Commission Regular Meeting

City of DuPont Monday July 11 2016 at 600 PM 1700 Civic Dr DuPont WA 98327

Aaron VanAlstine (Chair Position 5)

Beth Elliott (Position 1) Jennifer Brown (Position 2) Renee Buck (Position 3) Chris Barnes (Position 4)

1 Call to Order

2 Approval of Agenda

3 Citizen Comments for non-agenda items (Citizens are requested to testify on agenda items as they are discussed during the Planning Commission Meeting)

4 Old Business

Review of draft updates to the DMC o Affordable Housing Incentives Program (25XX) o Comprehensive Plan Amendments under emergency situations (25170110 amp

2510050) o Excavation and Grading (1207) o Fire Impact Fees (2605) o Stormwater Management Regulations and Requirements (2201) o Mineral Resource Overlay (2560) o Military Lands (2557) o Transportation Concurrency Review (25XX)

5 New Business

Workshop on proposed amendments to DMC 2535 - Mixed Use District to consider provisions for indoor storage

6 Staff Update

7 Upcoming Schedule

Next Meeting Monday August 8 2016 600 PM

8 Citizen Comments

9 Member Comments

10 Adjournment

GMA Compliance - Development Regulations - May 9 2016

1

Draft Updates to the DuPont Municipal Code (Development Regulations)

for Compliance with the Growth Management Act (RCW 3670A) -

Summaries 1 Affordable Housing Incentives Program - DMC 25XX

PURPOSE

Creates an additional chapter in Title 25 (Land Use Code) Provides a tiered system of additional residential

unit density (bonus) for construction of affordable housing Density bonuses are allowed based on the

percentage of units made affordable at low moderate and middle incomes

Implements Goals 2 of the cityrsquos comprehensive plan which aspires to lsquopreserve and develop housing

throughout the city to meet the needs of all age groups and economic segments of the communityrsquo

NEW PROCEDURE

Obligates the city to develop an ldquoAffordable Housing Agreementrdquo to identify price restrictions homebuyer or

tenant qualifications phasing of construction monitoring of affordability duration of affordability etc Allows

the city to establish an affordable housing administration fee to assist in monitoring compliance with the

affordability criteria

2 Clearing and Grading - DMC 1207

PURPOSE

To adopt by reference the Department of Commerces 2005 Technical Guidance Document as requested by

Growth Management Services (GMS)

NEW PROCEDURE

No

3 Emergency Comprehensive Plan Amendment Definition - DMC 25170

PURPOSE

2

Defines the term ldquoEmergency Amendmentrdquo in Chapter 25170 ndash Comprehensive Plan Amendment as

requested by Growth Management Services (GMS)

NEW PROCEDURE

No

4 Impact Fee Deferral - DMC 2605

PURPOSE

Implements the requirement of RCW 8202050 and Engrossed Senate Bill (ESB) 5923 ndash 2015 that an impact

fee deferral system be enacted by Sep 1 2016

NEW PROCEDURE

On request the city is obligated to provide application for impact fee deferral Also requires applicant to grant

and record in favor of the city of DuPont an impact fee lien in the amount of the deferred impact fee Proof of

recording with county auditor is required prior to issuance of building permit

5 Low Impact Development - DMC 2201

PURPOSE

Incorporates the Puget Sound Action Teams low impact development (LID) guidance as requested by Growth

Management Services (GMS)

NEW PROCEDURE

No

6 Military Base Commander Notification - DMC 2557

PURPOSE

The purpose is to codify notification to the JBLM Military Base Commander for all amendments to the

comprehensive plan and development regulations which affect lands adjacent to the MIL zoning district

NEW PROCEDURE

Obligates city to notify the JBLM Military Base Commander for all amendments to the comprehensive plan and

development regulations which affect lands adjacent to the MIL zoning district

3

7 Resource Lands - DMC 2560

PURPOSE

Creates additional language and sections to the Mineral Resource Overlay zone Seeks to ensure that

development which occurs inside or adjacent to the mineral resource overlay conserves mineral resources and

compatibility between the overlay and adjacent uses Provides notification on all development permits and

plats inside or within 500 feet of overlay

NEW PROCEDURE

City will require disclosure text on all final (surveyed) plats inside or within 500 feet of the mineral resource

overlay City is obligated to include disclosure text with issuance of development or building permit inside or

within 500 feet of the mineral resource overlay

8 Stormwater Management Regulations and Requirements - DMC 2201

PURPOSE

Updates reference to the Department of Ecologyrsquos Stormwater Manual for Western Washington

NEW PROCEDURE

No

9 Transportation Concurrency - DMC 25XX

PURPOSE

Creates a new chapter in Title 25 entitled lsquoTransportation Currency Reviewrsquo Means by which the city can

determine whether a proposed development will create traffic impacts so great to degrade the level of service

(LOS) adopted for the transportation lsquofacilityrsquo

Meets GMArsquos requirement for mechanism to prohibit development when level of service standards for

transportation facilities cannot be met

NEW PROCEDURE

City is obligated to determine whether concurrency is met prior to issuance of final plat or building permit If

concurrency can be met then the city is obligated to issue a certificate of concurrency

1

Chapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM

Sections 25XX010 Purpose 25XX020 Location and description of affordable housing incentive programs 25XX030 Modifications of development standards 25XX040 Affordable housing agreement 25XX050 Implementation provisions

25XX010 Purpose

The incentives and regulations offered in this chapter are used by the city as one means of meeting its

commitment to encourage housing affordable to all economic groups and to meet its regional share of

affordable housing requirements The purpose of this chapter is to

(1) Help achieve comprehensive plan goals of affordable housing

(2) Implement through regulations the responsibility of the city under state law to provide for housing

opportunities for all economic segments of the community

(3) Preserve opportunities for affordable housing as the city continues to grow

(4) Create affordable housing opportunities as a result of increased development capacity in various zones of

the city

(5) Encourage developments that include affordable housing and that combine local incentives provided by the

city with resources available from other public and private sources

25XX020 Locations and descriptions of affordable housing incentive programs

(1) Optional residential density bonus for affordable housing

A Applicability This section applies to all land use applications except the following the construction

of one single-family dwelling on one lot that can accommodate only one dwelling based upon the

underlying zoning designation which is not eligible for density bonuses

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

GMA Compliance - Development Regulations - May 9 2016

1

Draft Updates to the DuPont Municipal Code (Development Regulations)

for Compliance with the Growth Management Act (RCW 3670A) -

Summaries 1 Affordable Housing Incentives Program - DMC 25XX

PURPOSE

Creates an additional chapter in Title 25 (Land Use Code) Provides a tiered system of additional residential

unit density (bonus) for construction of affordable housing Density bonuses are allowed based on the

percentage of units made affordable at low moderate and middle incomes

Implements Goals 2 of the cityrsquos comprehensive plan which aspires to lsquopreserve and develop housing

throughout the city to meet the needs of all age groups and economic segments of the communityrsquo

NEW PROCEDURE

Obligates the city to develop an ldquoAffordable Housing Agreementrdquo to identify price restrictions homebuyer or

tenant qualifications phasing of construction monitoring of affordability duration of affordability etc Allows

the city to establish an affordable housing administration fee to assist in monitoring compliance with the

affordability criteria

2 Clearing and Grading - DMC 1207

PURPOSE

To adopt by reference the Department of Commerces 2005 Technical Guidance Document as requested by

Growth Management Services (GMS)

NEW PROCEDURE

No

3 Emergency Comprehensive Plan Amendment Definition - DMC 25170

PURPOSE

2

Defines the term ldquoEmergency Amendmentrdquo in Chapter 25170 ndash Comprehensive Plan Amendment as

requested by Growth Management Services (GMS)

NEW PROCEDURE

No

4 Impact Fee Deferral - DMC 2605

PURPOSE

Implements the requirement of RCW 8202050 and Engrossed Senate Bill (ESB) 5923 ndash 2015 that an impact

fee deferral system be enacted by Sep 1 2016

NEW PROCEDURE

On request the city is obligated to provide application for impact fee deferral Also requires applicant to grant

and record in favor of the city of DuPont an impact fee lien in the amount of the deferred impact fee Proof of

recording with county auditor is required prior to issuance of building permit

5 Low Impact Development - DMC 2201

PURPOSE

Incorporates the Puget Sound Action Teams low impact development (LID) guidance as requested by Growth

Management Services (GMS)

NEW PROCEDURE

No

6 Military Base Commander Notification - DMC 2557

PURPOSE

The purpose is to codify notification to the JBLM Military Base Commander for all amendments to the

comprehensive plan and development regulations which affect lands adjacent to the MIL zoning district

NEW PROCEDURE

Obligates city to notify the JBLM Military Base Commander for all amendments to the comprehensive plan and

development regulations which affect lands adjacent to the MIL zoning district

3

7 Resource Lands - DMC 2560

PURPOSE

Creates additional language and sections to the Mineral Resource Overlay zone Seeks to ensure that

development which occurs inside or adjacent to the mineral resource overlay conserves mineral resources and

compatibility between the overlay and adjacent uses Provides notification on all development permits and

plats inside or within 500 feet of overlay

NEW PROCEDURE

City will require disclosure text on all final (surveyed) plats inside or within 500 feet of the mineral resource

overlay City is obligated to include disclosure text with issuance of development or building permit inside or

within 500 feet of the mineral resource overlay

8 Stormwater Management Regulations and Requirements - DMC 2201

PURPOSE

Updates reference to the Department of Ecologyrsquos Stormwater Manual for Western Washington

NEW PROCEDURE

No

9 Transportation Concurrency - DMC 25XX

PURPOSE

Creates a new chapter in Title 25 entitled lsquoTransportation Currency Reviewrsquo Means by which the city can

determine whether a proposed development will create traffic impacts so great to degrade the level of service

(LOS) adopted for the transportation lsquofacilityrsquo

Meets GMArsquos requirement for mechanism to prohibit development when level of service standards for

transportation facilities cannot be met

NEW PROCEDURE

City is obligated to determine whether concurrency is met prior to issuance of final plat or building permit If

concurrency can be met then the city is obligated to issue a certificate of concurrency

1

Chapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM

Sections 25XX010 Purpose 25XX020 Location and description of affordable housing incentive programs 25XX030 Modifications of development standards 25XX040 Affordable housing agreement 25XX050 Implementation provisions

25XX010 Purpose

The incentives and regulations offered in this chapter are used by the city as one means of meeting its

commitment to encourage housing affordable to all economic groups and to meet its regional share of

affordable housing requirements The purpose of this chapter is to

(1) Help achieve comprehensive plan goals of affordable housing

(2) Implement through regulations the responsibility of the city under state law to provide for housing

opportunities for all economic segments of the community

(3) Preserve opportunities for affordable housing as the city continues to grow

(4) Create affordable housing opportunities as a result of increased development capacity in various zones of

the city

(5) Encourage developments that include affordable housing and that combine local incentives provided by the

city with resources available from other public and private sources

25XX020 Locations and descriptions of affordable housing incentive programs

(1) Optional residential density bonus for affordable housing

A Applicability This section applies to all land use applications except the following the construction

of one single-family dwelling on one lot that can accommodate only one dwelling based upon the

underlying zoning designation which is not eligible for density bonuses

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

Defines the term ldquoEmergency Amendmentrdquo in Chapter 25170 ndash Comprehensive Plan Amendment as

requested by Growth Management Services (GMS)

NEW PROCEDURE

No

4 Impact Fee Deferral - DMC 2605

PURPOSE

Implements the requirement of RCW 8202050 and Engrossed Senate Bill (ESB) 5923 ndash 2015 that an impact

fee deferral system be enacted by Sep 1 2016

NEW PROCEDURE

On request the city is obligated to provide application for impact fee deferral Also requires applicant to grant

and record in favor of the city of DuPont an impact fee lien in the amount of the deferred impact fee Proof of

recording with county auditor is required prior to issuance of building permit

5 Low Impact Development - DMC 2201

PURPOSE

Incorporates the Puget Sound Action Teams low impact development (LID) guidance as requested by Growth

Management Services (GMS)

NEW PROCEDURE

No

6 Military Base Commander Notification - DMC 2557

PURPOSE

The purpose is to codify notification to the JBLM Military Base Commander for all amendments to the

comprehensive plan and development regulations which affect lands adjacent to the MIL zoning district

NEW PROCEDURE

Obligates city to notify the JBLM Military Base Commander for all amendments to the comprehensive plan and

development regulations which affect lands adjacent to the MIL zoning district

3

7 Resource Lands - DMC 2560

PURPOSE

Creates additional language and sections to the Mineral Resource Overlay zone Seeks to ensure that

development which occurs inside or adjacent to the mineral resource overlay conserves mineral resources and

compatibility between the overlay and adjacent uses Provides notification on all development permits and

plats inside or within 500 feet of overlay

NEW PROCEDURE

City will require disclosure text on all final (surveyed) plats inside or within 500 feet of the mineral resource

overlay City is obligated to include disclosure text with issuance of development or building permit inside or

within 500 feet of the mineral resource overlay

8 Stormwater Management Regulations and Requirements - DMC 2201

PURPOSE

Updates reference to the Department of Ecologyrsquos Stormwater Manual for Western Washington

NEW PROCEDURE

No

9 Transportation Concurrency - DMC 25XX

PURPOSE

Creates a new chapter in Title 25 entitled lsquoTransportation Currency Reviewrsquo Means by which the city can

determine whether a proposed development will create traffic impacts so great to degrade the level of service

(LOS) adopted for the transportation lsquofacilityrsquo

Meets GMArsquos requirement for mechanism to prohibit development when level of service standards for

transportation facilities cannot be met

NEW PROCEDURE

City is obligated to determine whether concurrency is met prior to issuance of final plat or building permit If

concurrency can be met then the city is obligated to issue a certificate of concurrency

1

Chapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM

Sections 25XX010 Purpose 25XX020 Location and description of affordable housing incentive programs 25XX030 Modifications of development standards 25XX040 Affordable housing agreement 25XX050 Implementation provisions

25XX010 Purpose

The incentives and regulations offered in this chapter are used by the city as one means of meeting its

commitment to encourage housing affordable to all economic groups and to meet its regional share of

affordable housing requirements The purpose of this chapter is to

(1) Help achieve comprehensive plan goals of affordable housing

(2) Implement through regulations the responsibility of the city under state law to provide for housing

opportunities for all economic segments of the community

(3) Preserve opportunities for affordable housing as the city continues to grow

(4) Create affordable housing opportunities as a result of increased development capacity in various zones of

the city

(5) Encourage developments that include affordable housing and that combine local incentives provided by the

city with resources available from other public and private sources

25XX020 Locations and descriptions of affordable housing incentive programs

(1) Optional residential density bonus for affordable housing

A Applicability This section applies to all land use applications except the following the construction

of one single-family dwelling on one lot that can accommodate only one dwelling based upon the

underlying zoning designation which is not eligible for density bonuses

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

3

7 Resource Lands - DMC 2560

PURPOSE

Creates additional language and sections to the Mineral Resource Overlay zone Seeks to ensure that

development which occurs inside or adjacent to the mineral resource overlay conserves mineral resources and

compatibility between the overlay and adjacent uses Provides notification on all development permits and

plats inside or within 500 feet of overlay

NEW PROCEDURE

City will require disclosure text on all final (surveyed) plats inside or within 500 feet of the mineral resource

overlay City is obligated to include disclosure text with issuance of development or building permit inside or

within 500 feet of the mineral resource overlay

8 Stormwater Management Regulations and Requirements - DMC 2201

PURPOSE

Updates reference to the Department of Ecologyrsquos Stormwater Manual for Western Washington

NEW PROCEDURE

No

9 Transportation Concurrency - DMC 25XX

PURPOSE

Creates a new chapter in Title 25 entitled lsquoTransportation Currency Reviewrsquo Means by which the city can

determine whether a proposed development will create traffic impacts so great to degrade the level of service

(LOS) adopted for the transportation lsquofacilityrsquo

Meets GMArsquos requirement for mechanism to prohibit development when level of service standards for

transportation facilities cannot be met

NEW PROCEDURE

City is obligated to determine whether concurrency is met prior to issuance of final plat or building permit If

concurrency can be met then the city is obligated to issue a certificate of concurrency

1

Chapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM

Sections 25XX010 Purpose 25XX020 Location and description of affordable housing incentive programs 25XX030 Modifications of development standards 25XX040 Affordable housing agreement 25XX050 Implementation provisions

25XX010 Purpose

The incentives and regulations offered in this chapter are used by the city as one means of meeting its

commitment to encourage housing affordable to all economic groups and to meet its regional share of

affordable housing requirements The purpose of this chapter is to

(1) Help achieve comprehensive plan goals of affordable housing

(2) Implement through regulations the responsibility of the city under state law to provide for housing

opportunities for all economic segments of the community

(3) Preserve opportunities for affordable housing as the city continues to grow

(4) Create affordable housing opportunities as a result of increased development capacity in various zones of

the city

(5) Encourage developments that include affordable housing and that combine local incentives provided by the

city with resources available from other public and private sources

25XX020 Locations and descriptions of affordable housing incentive programs

(1) Optional residential density bonus for affordable housing

A Applicability This section applies to all land use applications except the following the construction

of one single-family dwelling on one lot that can accommodate only one dwelling based upon the

underlying zoning designation which is not eligible for density bonuses

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM

Sections 25XX010 Purpose 25XX020 Location and description of affordable housing incentive programs 25XX030 Modifications of development standards 25XX040 Affordable housing agreement 25XX050 Implementation provisions

25XX010 Purpose

The incentives and regulations offered in this chapter are used by the city as one means of meeting its

commitment to encourage housing affordable to all economic groups and to meet its regional share of

affordable housing requirements The purpose of this chapter is to

(1) Help achieve comprehensive plan goals of affordable housing

(2) Implement through regulations the responsibility of the city under state law to provide for housing

opportunities for all economic segments of the community

(3) Preserve opportunities for affordable housing as the city continues to grow

(4) Create affordable housing opportunities as a result of increased development capacity in various zones of

the city

(5) Encourage developments that include affordable housing and that combine local incentives provided by the

city with resources available from other public and private sources

25XX020 Locations and descriptions of affordable housing incentive programs

(1) Optional residential density bonus for affordable housing

A Applicability This section applies to all land use applications except the following the construction

of one single-family dwelling on one lot that can accommodate only one dwelling based upon the

underlying zoning designation which is not eligible for density bonuses

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

B Rental Affordable Housing Density for land subject to the provisions of this section may be

increased by up to 50 percent above the underlying base density when each of the additional units is

provided for households whose incomes are at or below low income

C For-Purchase Affordable Housing Density for land subject to the provisions of this section may be

increased above the base density by the following amounts

1 Up to a maximum of 50 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below low income

2 Up to a maximum of 40 percent above the underlying base density when each of the

additional units or residential building lots is provided for households whose incomes are at or

below moderate income

3 Up to a maximum of 20 percent above the underlying base density when the first 10

percent of the housing units are affordable to households with incomes at or below moderate

income The remaining 10 percent may be affordable to households whose incomes are at or

below middle income

D Summary Table The provisions of subsections B and C of this section are summarized in Table 25XX

Table 25XX Affordable Housing Density Bonus Provision Summary

Affordable Housing ndash Optional For Purchase For Rent

Up to 50 density bonus if each of the bonus units are affordable to households whose incomes are at or below low income

Up to 50 density bonus when each of the

bonus units is affordable to

households with incomes at or below low

income

Up to a 40 density bonus if each of the bonus units are affordable to households whose incomes are at or below moderate income

Up to a maximum of 20 above the underlying base density when the first 10 of the housing units are affordable to households with incomes at or below moderate income The remaining 10 may be affordable to households whose incomes are at or below middle income

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

3

(2) Impact Fee Exemption Within all zones exemptions from impact fees for new residential construction is

permitted in accordance with DMC 2605120

25XX030 Modifications of development standards

An applicant may request a modification of the minimum required number of parking spaces pursuant to DMC

2595

25XX040 Affordable housing agreement

Prior to issuing any building permit an agreement in a form approved by the director that addresses price

restrictions homebuyer or tenant qualifications phasing of construction monitoring of affordability duration of

affordability and any other applicable topics of the affordable housing units shall be recorded with Pierce

County Auditor Department This agreement shall be a covenant running with the land and shall be binding on

the assigns heirs and successors of the applicant The city may agree at its sole discretion to subordinate any

affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for

development of the property

25XX060 Implementation provisions

The following requirements shall be met for all affordable units created through any of the incentive programs

referenced in DMC 25XX020

(1) Duration Affordable housing units that are provided under this section shall remain as affordable housing

for a minimum of 50 years except at the sole discretion of the city approval may be for a shorter period so that

federal underwriting standards are met But in no case shall the time period be less than 30 years from the date

of initial owner occupancy for ownership affordable housing units and for the life of the project for rental

affordable housing units

(2) Designation of Affordable Housing Units Prior to the issuance of any permit(s) the city shall review and

approve the location and unit mix of the affordable housing units consistent with the following standards

A Location The location of the affordable housing units shall be approved by the city with the intent

that they generally be intermingled with all other dwelling units in the development

B Tenure The tenure of the affordable housing units (ownership or rental) shall be the same as the

tenure for the rest of the housing units in the development

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

4

C Size (Bedroom) The affordable housing units shall consist of a range of number of bedrooms that

are comparable to units in the overall development

D Size (Square Footage) The size of the affordable housing units if smaller than the other units with

the same number of bedrooms in the development must be approved by the director If there is a

proposal that the affordable units be smaller than the market rate units in no case shall the affordable

housing units be less than 500 square feet for a studio unit 600 square feet for a one-bedroom unit

800 square feet for a two-bedroom unit or 1000 square feet for a three-bedroom unit

E Design The exterior design of the affordable housing units must be compatible and comparable

with the rest of the dwelling units in the development and must comply with any design standards for

the underlying zoning district The interior finish and quality of construction of the affordable housing

units shall at a minimum be comparable to entry level rental or ownership housing in the city

(3) TimingPhasing The affordable housing units shall be available for occupancy in a time frame comparable

to the availability of the rest of the dwelling units in the development

(4) Monitoring and Fee The city reserves the right to establish in the affordability agreement referred to in DMC

25XX040 monitoring fees for the affordable housing unit which can be adjusted over time to account for

inflation The purpose of any monitoring fee is for the review and processing of documents to maintain

compliance with income and affordability restrictions of the affordability agreement

(5) Administrative Official The director shall be responsible for administration of this chapter The director may

adopt administrative procedures for implementation of this section

Chapter 2510 DEFINITIONS

2510010 A definitions

ldquoAffordable housingrdquo or ldquoaffordable dwelling unitrdquo (formerly ldquoHUD-defined affordable housingrdquo) means a dwelling

unit for use as primary residence by a household in any of the income groups described as lsquolowrsquo lsquomoderatersquo or

lsquomiddlersquo which may be rented or purchased (including utilities other than telephone and cable TV) without

spending more than 30 percent of monthly household income Income level eligibility threshold levels shall be

set using HUD levels for the Seattle-Tacoma-Bellevue metropolitan statistical area

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 25170 COMPREHENSIVE PLAN AMENDMENT

25170110 Amendments considered under emergency situation

The city council may consider amendments to the comprehensive plan at any time during a calendar year as a

result of an emergency situation as defined by lsquoEmergency Amendmentrsquo in DMC 2510050 E or to resolve an

appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or

superior court (Ord 02-707 sect 1)

Chapter 2510 DEFINITIONS

2510050 E definitions

ldquoEmergency Amendmentrdquo means a proposed change or revision to the Comprehensive Plan that arises from a

situation that necessitates the immediate preservation of the public peace health or safety or support of the

City government and its existing institutions

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 1207 Excavation and Grading

Sections 1207010 Adoption by reference

1207010 Adoption by reference

Appendix Chapter 33 ldquoExcavation and Gradingrdquo of the 1997 Uniform Building Code is hereby adopted by

reference except as otherwise provided in this chapter and shall apply to excavation and grading within the

City (Ord 02-727 sect 2)

Furthermore the 2005 State of Washington Department of Commercersquos Technical Guidance Document for

Clearing and Grading in Western Washington is hereby adopted by reference except as modified herein for

consistency with this chapter

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 2605 FIRE IMPACT FEES

2605120 Single-Family Residential Deferral Option 2605120 130 Exemptions 2605130 140 Authority unimpaired

2605120 Single-Family Residential Deferral Option

In accordance with RCW 8202050 impact fee payments may be deferred for single-family detached and

attached residential construction until final building inspection or eighteen (18) months from the date of original

building permit issuance whichever occurs first Impact fee deferrals are considered under the following terms

and conditions

(1) For each single-family residence for which any impact fee deferral is applied for an administrative fee of

$xxxxx must simultaneously be paid to the city due to the increased burden placed on city staff for processing

and monitoring such deferral

(2) A separate application must be submitted for each single-family residence being constructed

(3) Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for

impact fee deferral under this chapter

(4) The period of deferral expires at the earliest of

(a) The time of final inspection by the city

(b) The time of issuance of a certificate of occupancy by the city

(c) The time of closing of the first transfer of the property occurring after the issuance of the applicable

building permit or

(d) Eighteen months after the building permit is issued by the city

(5) Final inspection approval certificate of occupancy and hookups to water and sewer will not be issued or

made until payment in full of the impact fees is made

(6) For the first transfer of the property the impact fees shall be paid at closing if they have not been previously

paid

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

(7) The applicant for impact fee deferral must grant and record in favor of the city of DuPont an impact fee lien

in the amount of the deferred impact fee The lien must be in a form signed dated and approved by the city

attorney and signed by all owners of the property and persons or entities holding any interest in the property

with all signatures acknowledged as required for a deed and recorded among the appropriate land records of

Pierce County Proof of such recording shall be submitted to the city before a building permit may be issued

The lien shall specify that it is binding on all successors in title after the recordation The lien may specify that it

is subordinate to one mortgage for the purpose of construction upon the same real property granted by the

applicant for impact fee deferral A mortgage deed of trust or other financing mechanism shall be limited to the

property upon which construction on one single-family residence will occur A lien not paid when due shall bear

interest at the statutory rate A lien shall become due at the expiration of the deferral date

(8) If impact fees are not paid in accordance with ESB 5923(2015) and DMC Section 2506120 the city may

institute foreclosure proceedings in accordance with Chapter 6112 RCW

(9) After full payment of impact fees and upon written request of the person paying said fees containing the

name and address of the requester together with a copy of a proposed lien release form the city upon

approval by the city attorney shall sign a lien release and deliver it to the person paying said fee either in

person or by first class mail

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions 2201090 General requirements 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan 2201250 Minimum Requirement No 5--On-site stormwater management 2201260 Minimum Requirement No 6--Runoff treatment 2201270 Minimum Requirement No 7--Flow control 2201280 Minimum Requirement No 8--Wetlands protection 2201290 Minimum Requirement No 9--Operation and maintenance

2201040 Definitions

ldquoCertified erosion and sediment control lead (CESCL)rdquo means an individual who has current certification

through an approved erosion and sediment control training program that meets the minimum training standards

established by the Department (see BMP C160 in the Stormwater Management Manual for Western

Washington (2005)(2012)) A CESCL is knowledgeable in the principles and practices of erosion and sediment

control The CESCL must have the skills to assess site conditions and construction activities that could impact

the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the

quality of stormwater discharges Certification is obtained through an Ecology-approved erosion and sediment

control course

ldquoEffective impervious surfacerdquo means those impervious surfaces that are connected via sheet flow or discrete

conveyance to a drainage system Impervious surfaces on residential development sites are considered

ineffective if the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP

T530 ldquoFull Dispersionrdquo as described in Chapter 5 of Volume V of the Stormwater Management Manual for

Western Washington (2005)(2012))

ldquoStormwater Management Manualrdquo or ldquoManualrdquo means the 2005 2012 Edition of the State of Washington

Department of Ecologyrsquos ldquoStormwater Management Manual for Western Washingtonrdquo and all amendments and

additions thereto The Manual contains BMPs to prevent or reduce pollution

2201090 General requirements

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

(a) The 2005 2012 State of Washington Department of Ecologyrsquos Stormwater Management Manual for Western

Washington is hereby adopted by reference except as modified herein for consistency with the requirements of

the Western Washington Phase II Municipal Stormwater Permit and is hereinafter referred to as the Manual

2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan

(b) The Stormwater Site Plan shall be prepared in accordance with Chapter 3 of Volume I of

the 2005 2012 Stormwater Management Manual for Western Washington

2201250 Minimum Requirement No 5--On-site stormwater management

On-site stormwater management BMPs are required to infiltrate disperse and retain stormwater runoff on-site

to the maximum extent feasible without causing flooding or erosion impacts Runoff Downspout Control BMPs

functionally equivalent to those described in Chapter 3 of Volume III of the Stormwater Management Manual for

Western Washington (2005)(2012) and Dispersion and Soil Quality BMPs functionally equivalent to those in

Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington (2005)(2012) shall be

required to reduce the hydrologic disruption of developed sites

2201260 Minimum Requirement No 6--Runoff treatment

(2) Enhanced Treatment Enhanced treatment for reduction in dissolved metals is required for the

following project sites that discharge directly to fish-bearing streams lakes or to waters or conveyance

systems tributary to fish-bearing streams or lakes industrial project sites commercial project sites

multifamily project sites and high AADT roads as follows fully controlled and partially controlled limited

access highways with annual average daily traffic (AADT) counts of 15000 or more and all other roads

with an AADT of 7500 or greater However such sites listed above that discharge directly (or indirectly

through a municipal storm sewer system) to basic treatment receiving waters (Appendix I-C of the

Stormwater Management Manual for Western Washington (2005) (2012)) and areas of the above-listed

project sites that are identified as subject to basic treatment requirements are also not subject to

enhanced treatment requirements For developments with a mix of land use types the enhanced

treatment requirement shall apply when the runoff from the areas subject to the enhanced treatment

requirement comprises 50 percent or more of the total runoff within a threshold discharge area

(C) Project sites discharging directly to salt waters river segments and lakes listed in Appendix I-C

of the Stormwater Management Manual for Western Washington (2005) (2012)

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

3

(c) Treatment Facility Sizing ldquoWater quality design storm volumerdquo means the volume of runoff predicted from a

24-hour storm with a six-month return frequency (aka six-month 24-hour storm) Wetpool facilities are sized

based upon the volume of runoff predicted through use of the Natural Resource Conservation Service curve

number equations in Chapter 2 of Volume III of the Stormwater Management Manual for Western

Washington (2005) (2012) for the six-month 24-hour storm Alternatively the 91st percentile 24-hour runoff

volume indicated by an approved continuous runoff model may be used

(e) Treatment Facility Selection Design and Maintenance Stormwater facilities shall be

(1) Selected in accordance with the process identified in Chapter 4 of Volume I of the Stormwater

Management Manual for Western Washington (2005) (2012)

(2) Designed in accordance with the design criteria in Volume V of the Stormwater Management Manual

for Western Washington ((2005) (2012) and

(3) Maintained in accordance with the maintenance schedule in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012)

2201270 Minimum Requirement No 7--Flow control

(a) Applicability All projects are required to provide flow control to reduce the impacts of stormwater runoff

from impervious surfaces and land cover conversions The requirement below applies to projects that

discharge stormwater directly or indirectly through a conveyance system into fresh water

(1) Flow control is not required for projects that discharge directly or indirectly through an MS4 to a

water listed in Appendix I-E of the Stormwater Management Manual for Western Washington ((2005)

(2012) subject to the following restrictions

(e) Additional Requirement Flow control BMPs shall be selected designed and maintained in accordance

with Volume III of the Stormwater Management Manual for Western Washington ((2005) (2012) or an

equivalent

2201280 Minimum Requirement No 8--Wetlands protection

(a) Applicability The requirements below apply only to projects whose stormwater discharges into a wetland

either directly or indirectly through a conveyance system These requirements must be met in addition to

meeting Minimum Requirement No 6--Runoff treatment

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

4

(b) Thresholds The thresholds identified in Minimum Requirement No 6--Runoff Treatment and Minimum

Requirement No 7--Flow Control shall also be applied for discharges to wetlands

(c) Standard Requirement Discharges to wetlands shall maintain the hydrologic conditions hydrophytic

vegetation and substrate characteristics necessary to support existing and designated uses The hydrologic

analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless

directed otherwise by a regulatory agency with jurisdiction A wetland can be considered for hydrologic

modification andor stormwater treatment in accordance with Guide Sheet 1B in Appendix 1-D of the

Stormwater Management Manual for Western Washington (2005) (2012)

(d) Additional Requirements

(1) Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer

except for

(A) Necessary conveyance systems as approved by the City or

(B) As allowed in wetlands approved for hydrologic modification andor treatment in accordance

with Guidesheet 1B in Appendix 1-D of the Stormwater Management Manual for Western

Washington (2005) (2012)

(2) An adopted and implemented basin plan may be used to develop requirements for wetlands that are

tailored to a specific basin (Ord 10-894 sect 1)

2201290 Minimum Requirement No 9--Operation and maintenance

An operation and maintenance manual that is consistent with the provisions in Volume V of the Stormwater

Management Manual for Western Washington (2005) (2012) is required for all proposed stormwater facilities

and BMPs The party (or parties) responsible for maintenance and operation shall be identified in the operation

and maintenance manual For private facilities a copy of the manual shall be retained on site or within

reasonable access of the site and shall be transferred with the property to the new owner For public facilities

a copy of the manual shall be retained in the appropriate department A log of maintenance activity that

indicates what actions were taken shall be kept and be available for inspection by the City (Ord 10-894 sect 1)

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 2201 Stormwater Management Regulations and Requirements

Sections 2201040 Definitions

2201040 Definitions

ldquoLow impact developmentrdquo means use of innovative or creative approaches to site design using methods such

as retention of natural vegetation significant reduction of effective impervious surface enhanced infiltration

and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero

drainage discharge from the site after development For guidance on application of Low Impact Development

see the Puget Sound Action Teamrsquos Technical Guidance Manual for Puget Sound (2005)

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Division III Overlay District

Chapter 2560 MINERAL RESOURCE OVERLAY

Sections 2560010 Purpose 2560020 Permitted uses 2560030 Notice and disclosure required 2560040 Disclosure text 2560030 050 Performance standards 2560040 060 Site plan approval

2560010 Purpose

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act

Chapter 3670ARCW the Surface Mining Act Chapter 7844 RCW and the DuPont comprehensive plan This

chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral

resources and ensure compatibility between mineral resource lands and adjacent uses

(2) Additionally the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource

overlay does not interfere with the continued use in the accustomed manner of the mineral resource as

required by the state Growth Management Act

(2) (3) The Growth Management Act encourages local governments to designate natural resource lands of

long-term significance and adopt development regulations to assure their conservation

(3) (4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity

making an important contribution to the economic well being of the state and nation It is not possible to extract

minerals without producing some environmental impacts At the same time comprehensive regulation of

mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be

detrimental to the environment and to protect the general welfare health safety and property rights of the

citizens of the state Surface mining takes place in diverse areas where the geologic topographic climatic

biologic and social conditions are significantly different and reclamation specifications must vary accordingly

A balance between appropriate environmental regulations and the production and conservation of minerals is in

the best interests of the citizens of the state The DuPont comprehensive plan contains policies

regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction

overlay area within Sequalitchew Village in which mineral extraction is allowed

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

(4) (5) To accomplish these purposes the city of DuPont hereby

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit

(b) Protects said sites from conflicting uses while resources are being extracted

(c) Protects surrounding sites from adverse effects of mineral extraction activities

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not

duplicative to any state or federal permit process (Ord 02-707 sect 1)

2560020 Permitted uses

(1) The following uses are permitted within in the mineral resource overlay

(a) Mineral extraction together with associated structures and equipment

(b) Compost processing including the receiving and processing of lawn clippings leaves branches

limbs stumps scrap lumber and salvaged wood which has not been chemically treated and other

acceptable organic materials necessary for conversion into usable products

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an

accessory use

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-

products of mineral extraction and are not listed as a permitted use may be considered as a conditional use

(3) All uses not listed above are prohibited within the development area while mineral extraction is being

actively pursued (Ord 02-707 sect 1)

2560030 Notice and disclosure required

The disclosure text set forth in DMC 2560040 shall be used under the following circumstances and in the

following manners

(1) Development permits plats and building permits for land within the mineral resource overlay or land

adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in

DMC 2560040 on the final development preliminary and final plat or building permit The disclosure notice

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

3

shall apply to the real property upon development preliminary and final plat or building permit approval and

may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed

(2) In no case shall liability attach to the City of DuPont for any actions errors or omissions of any person

subject to the requirements of this section

2560040 Disclosure text

The following shall constitute the required forest management disclosure

ldquoThis real property is on adjacent to or within 500 feet of designated mineral resource land on which a variety

of mineral resource and commercial activities could occur that may not be compatible with residential

development for certain periods of limited duration These mineral resource activities include but are not

limited to the screening sorting piling and transportation of rock sand stone gravel or ore which activities

are lawful if conducted in compliance with the Surface Mining Act Chapter 7844 RCW

This disclosure applies to real property upon any development preliminary and final plat or building permit

approval This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting

this property is removed

Nothing in chapter DMC 2560 shall affect or impair any right to sue for damagesrdquo

2560030 050 Performance standards

Potential impacts related to traffic dust control light emission visual screening loss of tree cover noise

emission and protection of environmentally sensitive areas shall be examined The city recognizes impacts to

other elements of the environment including air and water quality are regulated by the state regional and

federal authorities (Ord 02-707 sect 1)

2560 040 060 Site plan approval

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III

procedure as set forth in DMC 25175010 Expansions of existing structures that include less than 20 percent

area increase shall be processed with a Type II procedure All larger expansions shall be processed with a

Type III procedure (Ord 02-707 sect 1)

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 2557 MILITARY LANDS

Sections 2557010 Purpose 2557020 Military Base Commander Notification Required

2557010 Purpose

The purpose of the military lands designation is to recognize the portion of the federal military installation within

the DuPont city limits The autonomy associated with the federal ownership in combination with the unique

character of the military operations and support structures is not typical of civilian land uses Military lands are

designated on the land use map but land uses within the installation are not governed by the city (Ord 02-707

sect 1)

2557020 Military Base Commander Notification Required

All amendments to the cityrsquos comprehensive plan and development regulations affecting lands adjacent to the Military Lands (MIL) zoning district requires notification to the Commander of Joint Base Lewis McCord Military Base

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

1

Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW

Sections 25XX010 Purpose 25XX020 Concurrency requirement 25XX030 Review Process 25XX040 Finding of concurrency 25XX050 Exemptions from the concurrency test 25XX060 Transportation concurrency mitigation methods

25XX010 Purpose This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA

It is the purpose of this chapter

(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new

development

(2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as

established in the comprehensive plan and

(3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required

by the Growth Management Act

25XX020 Concurrency requirement (1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application

A Preliminary plat (subdivision of five or more residential lots)

B Site plan and design review

C Any development permit that generates 50 or more average trips per day (ADT) or five or more am

or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

2

(2) The city shall not issue a development permit until

A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of

concurrency has been issued or

B The application has been determined to be exempt from the concurrency test as provided in

subsection DMC 25XX060

25XX030 Review Process

(1) Certificate of Concurrency

A The city shall complete transportation concurrency evaluation at the time a development permit is

applied for or during the course of permit review The review shall conclude with a determination that

the proposed project meets the level of service standards whereby a certificate of concurrency shall be

issued and attached or incorporated to the development permit approval When a project is determined

to have not passed level of service standards the certificate of concurrency shall be conditioned in a

manner that satisfies the requirements of this chapter or the project shall not be approved

B The applicant shall provide the city with all information necessary to complete the concurrency

evaluation on the proposed development It shall be the responsibility of the applicant to provide

studies surveys traffic counts engineering review or any other items determined to be necessary for

an accurate concurrency evaluation

C A certificate of concurrency shall be accorded the same terms and conditions as those for the

underlying development permit If a development permit timeline is extended the certificate shall also

be extended for the same time duration A certificate of concurrency shall be valid only for the

development permit approved for the same parcel and may be transferable to any new owner(s) of the

parcel to which it was issued

(2) Concurrency shall be established and determined as follows

A Traffic Impact Calculations

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

3

i Trip Generation Traffic calculations shall be based on the trip generation average described

within the latest available edition of the Institute of Transportation Engineers (ITE) trip

generation manual for the particular type and extent of the development being proposed

ii Concurrency Test The projected number of trips generated by a proposed development

shall be subtracted from existing or new transportation capacity of the impacted transportation

facility If projected demand is less than available capacity the project is not adverse to level

of service standards and shall be issued a certificate of concurrency

a The project makes on-site and frontage improvements consistent with city

standards for utilities curbs gutters sidewalks bicycle lanes where appropriate and

roads necessary to serve the proposed project consistent with safety and public

interest

b The project makes such off-site facility improvements not listed on the capital

facilities plan as are necessary to meet city standards for the safe movement of

traffic and pedestrians attributable to the project

25XX040 Finding of concurrency

The city shall make a finding of concurrency for each building permit application that passes the concurrency

test

The finding of concurrency shall be valid for the same time period as the underlying building permit including

any extensions thereof

A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city

A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the

period of validity of the permit even if the ownership of the property changes

All building permits that require one or more transportation facilities to be provided by the applicant shall be and

are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon

subsequent owners heirs executors successors or assigns and upon the completion of such transportation

facilities in a timely manner prior to the issuance of the certificate of occupancy or prior to occupancy unless

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

4

stated otherwise in writing by the city Such financial commitment shall be subject to the approval of the city

attorney including performance bond escrowed funds or other similar instrument

25XX050 Exemptions from the concurrency test

The following applications for a development permits shall be exempt from the concurrency test

(1) Any proposed development that creates no additional impacts on any transportation facility

(2) Any project that is a component of another proposed development and that was included in a prior

application for a finding of concurrency

(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that

submitted an application and that has undergone a concurrency test and received concurrency approval as part

of plat approval and

(4) Any permit for development that generates less than the number of trips described in subsection DMC

25XX020(1)(C)

25XX060 Transportation concurrency mitigation methods

The city shall use the following procedures and criteria to review and approve the adequacy of mitigation

methods unless the applicant is otherwise noted in writing

(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation

facility the applicant may choose among the following actions

A Reduce the size of the project until levels of service standards are met

B Enter into a legally binding development agreement with the city whereby all required improvements

will be constructed and completed within six years of the development approval date which also

insures that the financing is available to pay for the improvements at time of building permit approval

C Be subject to a development approval conditioned that the required improvements be completed

prior to the issuance of building permits final plat or site plan approvals associated with the

development

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

5

D Propose transportation demand management strategies to reduce vehicle trips generated by the

project development or

E Await the cityrsquos completion of mitigating improvements if such improvements are underway or

planned as part of the cityrsquos six-year transportation improvement plan or

F Any combination of the above

(2) Acceptable impact mitigation requires a finding of the following

A The mitigation contributes to transportation facility performance and established level of service

standards

B The mitigation is consistent with the cityrsquos comprehensive plan

C Any improvements to an intersection or roadway do not shift traffic to residential areas or to other

intersections where there is no mitigation being proposed

D Any adverse environmental impacts of the facility improvements may be reasonably minimized or

eliminated and

E The improvements are consistent with the cityrsquos engineering standards

Chapter 2510 DEFINITIONS

2510030 C definitions

ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused

or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the

proposed development on the transportation level of service

2510060 F definitions

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

6

Financial commitmentrdquo means revenue sources forecast to be available and designated for transportation

facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan

other unanticipated revenue from federal or state grants or other sources for which the city has received a

notice of commitment andor revenue that is assured by an applicant in a form approved by the city

ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat

approval issued by the city indicating that the transportation system has adequate unused or uncommitted

capacity or will have adequate capacity to accommodate traffic generated by the proposed development

without causing the level of service standards to decline below the adopted standards at the time of

development

2510120 L definitions

ldquoLevel of service standardrdquo means a measurement of the quality of service provided by a facility including

traffic conditions along a given roadway or at a particular intersection and of transit service Roadway and

intersection level of service standards are commonly denoted by a letter ranking from ldquoArdquo the highest level of

service to ldquoFrdquo the lowest level of service

2510200 T definitions

ldquoTransportation facility capacityrdquo means the maximum number of vehicles that can be accommodated during a

specified travel period at a specified level of service Capacity will be calculated according to the methodology

used in the most current highway capacity manual An alternative methodology may be used only if it is

preapproved by the director of public works or hisher designee

ldquoTransportation strategiesrdquo means transportation demand management plans schemes techniques programs

and methodologies for minimizing transportation facility demand such as improved transit service off-peak

travel and ride-sharing programs

ldquoTransportation facilitiesrdquo means arterials and transit routes owned operated or administered by the state of

Washington and its political subdivisions such as the city of DuPont

1 ldquoExisting transportation facilitiesrdquo means those transportation facilities in place at the time a

concurrency test is applied and

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

7

2 ldquoPlanned transportation facilitiesrdquo means those transportation facilities scheduled to be completed

no later than the sixth year of the capital facilities plan andor transportation element in effect at the

time the city approves the development

ldquoTraffic studyrdquo means a specialized study of the impacts that a certain type and size of development in a

specific location will have on the surrounding transportation system The scope of work for the study will be

determined by the city

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Planning Commission Community Workshop

July 11 2016 600 pm

Agenda Item Mixed Use Zoning District Text Amendment to allow Indoor Storage as a Conditional Use

Applicant G Drew Bowlds 25102 SE 30th Street

Sammamish WA 98075

City File Number TEXT 16-01 Application Date June 10 2016

Description of Proposal Modify the Mixed Use District section of the zoning code to allow Indoor Storage as a Conditional Use

Also add a new definition to DMC 2510090 ldquoIrdquo definitions to include a new definition for Indoor Storage The text amendment would affect all properties in the Mixed Use District The amendments are shown

below New code language is added in underlined text

DMC 2510090 I definitions (add new term)

ldquoIndoor Storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located

entirely within a building The definition excludes hazardous material storage outdoor storage warehousing and distribution and vehicle or recreational vehicle storage

DMC 2536030 Conditional Use in MXD District (add indoor storage as a conditional use) All uses that are identified a conditional uses in the commercial district office district or in the residential

district shall be conditional in the mixed use district In addition Indoor Storage is a conditional use in the MXD district

Background Information The applicant intends to develop an indoor storage and retail facility on property located at the southeast

corner of Center Street and McNeil Street in the Mixed Use District The use is not currently allowed in the MXD District The City Zoning Code Title 25 currently allows ldquomini-storagerdquo in the Industrial District

as a permitted use but mini-storage is not allowed either outright or as a conditional use in other zoning

districts The applicantrsquos proposes a different type of storage facility from both a design and tenant standpoint than a traditional mini-storage project and will be incorporating some retail use on the ground

floor Mini-storage is defined in DMC 2510130 as follows

2510130 M Definitions ldquoMini-storagerdquo means a structure containing separate individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of tiem for dead storage only Storage of boats trailers and recreational vehicles is permitted Auctions except auctions authorized by legal action commercial wholesale or retail businesses garage sales repair of motorized equipment andor vehicles operation of power tools and storage of flammable or hazardous materials and explosives is prohibitedrdquo It is important to note that this is not review of a development proposal If the text amendment is approved the applicant will subsequently apply for the required development applications to include

SEPA Environmental Review a Conditional Use Permit Design Review and Site Plan Review Site Development and Building Permits The future development application will be reviewed by staff for code

consistency including consistency with the Cityrsquos Commercial and Mixed Use Design Regulations and Guidelines in Title 2570 These regulations will evaluate the architectural details building orientation

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

parking and landscape DMC 2570020(3)(b) requires a minimum of 80 percent of the ground floor

space ldquoconsist of pedestrian-oriented retail uses or a compatible building use drawing peoplerdquo Throughout the development review process the public will be provided an opportunity to comment

during specified comment periods and at the public hearing Following staff review the project will be reviewed at a public hearing and a decision made by the Cityrsquos Hearing Examiner

Text Amendment Process Zoning Code Text Amendments are processed in the City of DuPont as a Type 5 process The process

requires a Community Workshop with the Planning Commission followed by a public hearing with the Planning Commission Following the public hearing the Planning Commission is required to issue a

Recommendation on the proposal to City Council City Council will likely hold their own public hearing on the matter prior to issuing a Decision The amendment is also required to be reviewed by the

Washington State Department of Commerce

Mixed Use Zone Parcels

The Mixed Use Zoning District is concentrated in two areas of the City DuPont Station and the area comprised of the Cityrsquos Civic Center In the DuPont Station area there are 15 parcels 11 are developed

or under construction three are vacant and one is partially developed In the DuPont Civic Center Area

there are four parcels three owned by the City including the City Hall property and one owned by the Nisqually Tribe for use as a cemetery If approved it is unlikely that already-developed parcels in

DuPont Station would re-develop as Indoor Storage use or that City-owned vacant land would be developed for anything other than public assembly local government services or uses with a cultural

focus

DuPont Station Vacant Land

3000810091 - 66 acres 3000890112 - 45 acres - irregularly shaped

3000810041 - partially developed with commercialretail 3000810032 - 113 acres

DuPont Civic Center Area 0119266002 - 446 acres vacant land owned by the City of DuPont

0119266003 - 68 acres vacant land owned by the City of DuPont

Consistency with the Comprehensive Plan

The MXD Districtrsquos comprehensive plan land use designation is Mixed Use The land use chapter lists the following guiding concepts as they relate to economic development

There is a single diverse lively commercial area which includes a major public space retail

office and residential use

Various uses are planned to fit and reinforce the basic community pattern and architectural style

The purpose of the Mixed Use district is to permit uses that are allowed in the commercial district the

office district and residential zone district This area is intended to provide office space goods and

services to the entire community or larger market 61 acres are designed as Mixed Use within DuPont Station and 18 acres with the Civic Center

DuPont Station was named to elicit a sense of bustling activity that occurred around railroad stations It

is intended that DuPont Station be one of the more active neighborhoods in DuPont In the middle of the

DuPont Station is a large mixed-use are intended for commercial and high density residential land uses This strategic location is key to the retail success of DuPont It provides access to traffic on I-5 and thus

will create a market draw beyond the population of the City By accessing this larger market area the

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

commercial element of DuPont Station will support a wider range of retail types of business and provide a

greater diversity of shopping entertainment and services for the Cityrsquos residents

DuPont Station Policy LU-61 Development standards should promote a mix of housing offices and commercial uses that are designed to be coordinated and complimentary through placement size and

massing Facades should present a unique set of characteristics while allowing for architectural

expression and individuality

DuPont Station Policy LU-62 Promote the creation of identifiable pedestrian downtown and avoid the appearance of domination by the automobile by promoting ground floor retail multi-storied buildings a

mix of commercial office and upper story residential uses a clearly defined street edge and encouragement of upper story activities which overlook the streets and plazas

Land Use Code Text Amendment Decisional Criteria The City may amend the text of the land use code based on the following decisional criteria of DMC

25165030(2) all of which must be met for the amendment to be granted

a The amendment is in accord with the comprehensive plan

b The amendment bears substantial relation to the public health safety and welfare and c The amendment is not contrary to the best interest of the citizens and property owners of the

city of DuPont

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Chapter 2570COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GUIDELINES

Sections2570010 Administration2570020 Site design2570030 Parking areas2570040 Streets2570050 Public plaza guidelines2570060 Public areas and landscaping2570070 Architectural building character

2570010 Administration

(1) Design Review Required All applications for site plan and conditional use permits in the commercial and mixed use land designations or districts are subject to the regulations and guidelines in this chapter

(2) Application An application for a design review subject to this chapter shall be submitted to the city for processing together with an application for site plan review or conditional use permit Design review shall be processed with a Type I procedure as set forth in DMC 25175010 with a filing fee per DMC 203010 A complete application shall consist of

(a) Building elevations at a minimum scale of one inch equals eight feet including exterior building materials and color

(b) Site plan at a minimum scale of one inch equals 20 feet

(c) Conceptual landscape plan at a minimum scale of one inch equals 20 feet

(d) No drawing shall be larger than 24 inches by 36 inches in size (Ord 05-790 sect 2 Ord 02-707 sect 1)

2570020 Site design

(1) Design Intent

(a) Present and promote attractive unified and viable commercial businesses

(b) Promote pedestrian activity safety and security while still providing adequate auto and truck access

(c) Develop a network of on-site streets or modified grid that contributes to traditional neighborhood design the principles of which are outlined in the comprehensive plan

(d) Allow the establishment of a flexible site plan that is adaptable to market conditions and capable of being phased

(2) General Site Design

Page 1 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(a) Sites shall be developed in a coordinated manner complementing adjacent structures through placement size and mass

(b) Buildings shall be arranged to facilitate plazas courtyards greens and other pedestrian use areas

(c) Sites shall be designed to create an identifiable pedestrian downtown character while avoiding the appearance of automobile domination Positive methods to achieve this concept include

(i) Orienting buildings to front streets placing parking lots at the rear or sides

(ii) Providing well-defined pedestrian walkways from parking areas public sidewalks and buildingshop entrances throughout the site

(iii) Designing the parking areas to avoid long rows of uninterrupted parking

(iv) Designing parking areas to be partially screened from view from adjacent streets and building occupants while taking security into consideration

(d) Where possible site plans shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas

Figure 1 Building Frontages

(3) Building Orientation and Design Elements

Page 2 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(a) Buildings shall generally follow the alignment of the streets they front However buildings may be set back up to 15 feet from the front property line when this setback area is to accommodate building entries outdoor cafes or other pedestrian-oriented activities and use The 15-foot setback may be increased by up to 10 additional feet to accommodate large outdoor restaurants and the entry of a grocery store a theater or similar uses to accommodate additional pedestrian-oriented space (as designated in Figure 4)

(b) A minimum of 80 percent of the ground floor space of each building fronting Wilmington Drive Ross Street Ross Loop the south side of McNeil Street between Center Drive and Palisade Boulevard and the west side of Palisade Boulevard within DuPont Station shall consist of pedestrian-oriented retail uses or a compatible building use drawing people

Figure 2 Multi-Level Building with Retail or Office on Ground Level Retail Office and Residential at Upper Levels

(c) Multi-level buildings with commercial office or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas Clearly defined and convenient access to the second story is strongly encouraged to allow economic viability for commercial uses andor separate entrances for residential uses

Page 3 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 3 Pedestrian Scale Elements

(d) Canopies awnings porches building overhangs and arcades are required along at least 75 percent of building fronts facing Wilmington Drive and Ross Street streets in the commercial area to provide shelter from the elements

(e) All primary building pedestrian entrances and storefront windows must face onto the primary street not the parking lot (secondary entrances and windows are encouraged on the facade facing rear parking) (Ord 07-854 sect 1 Ord 02-707 sect 1)

2570030 Parking areas

(1) Design Intent

(a) To provide centrally located parking at the rear of buildings that encourages people to leave their cars and walk throughout the commercial center

(b) To maintain the built street edge through effective screening of all parking lots while taking security under consideration

(2) Parking Areas Facing Streets

(a) Parking lots shall be located either at the rear andor sides of buildings Parking lots located at the sides of buildings but fronting onto any street must be screened Acceptable screening must be made of long-lasting construction materials andor appropriate landscaping including

(i) A trellis or grillwork of steel or cast iron with vines

(ii) A 30-inch masonry or concrete wall or planter 30 inches high combined with a five-foot wide landscape buffer

(iii) A 10-foot wide landscaped buffer of trees averaging no more than 25 feet on center and evergreen shrubs sufficient to form a solid screen at least three feet high within three years of planting Such screening by shrubs shall be pruned to a 42 inches maximum height

Page 4 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(b) Mid-block parking is discouraged However one lot may be located along Wilmington Drive or Ross Avenue provided the frontage of the lot along the street does not exceed 60 feet in width

(c) All perimeter lots shall be edged with a six-inch cast-in-place concrete curb unless buffer is specially designed to direct water runoff to a biofiltration swale

(d) Shrubs and ground cover must be provided in the required landscape areas Shrubs shall be planted at a density of five per 100 square feet of landscaped area Up to 50 percent of the shrubs may be deciduous Ground cover must be selected and planted so as to provide 90 percent coverage within three years of planting

(e) An average of one tree shall be provided for each four parking spaces

(3) Interior Surface Parking Areas

(a) Landscape planters not less than eight feet wide shall be provided so that no one row is longer than 12 stalls

(b) The end of all parking aisles shall have a six-foot wide planter including a six-inch cast-in-place concrete curb unless the planter is specially designed to direct water runoff to a biofiltration swale

(c) Curb cuts for parking lots in commercial area should be minimized by requiring shared entrances and exits where appropriate

(d) All parking lots must contain five-foot wide clearly marked (with paint or special paving material) pedestrian connections from parking areas to building area A sidewalk or entrance area of at least 200 square feet raised six inches above the parking lot must be provided at the building entrance to provide for pedestrian safety and separation To meet ADA standards a ramp may be constructed as part of this entrance area

(e) A pedestrian crosswalk shall be provided at parking lot entrances and exits

(f) Pedestrian scaled lighting shall be provided in parking lots and open landscaped areas for greater visibility and security

(g) An average of one tree shall be provided for each four parking spaces

Figure 4 Pedestrian Street

Page 5 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(Ord 02-707 sect 1)

2570040 Streets

(1) Design Intent

(a) To create a pleasant and visually interesting environment for pedestrians

(b) To provide for safe separation of pedestrian vehicular and bicycle traffic

(2) Street Design

(a) Paving street trees pedestrian lights benches signage etc along streets shall be generally consistent

(b) Crosswalks preferably of special textured pavers or stamped concrete are required at all street intersections

(c) Street trees with tree grates are required on all streets Medians shall contain street trees and be landscaped

(d) All utility lines shall be underground

(e) Parallel parking is required on both sides of the street

(f) Sidewalks along Wilmington Drive and Ross Street shall be constructed of special textured pavers stamped concrete colored material (ie concrete) or a combination of these materials in a manner that produces patterns andor decorative scoring accents

(g) Curb bulbs to minimize the street crossing distance for pedestrians are required at all street intersections

(h) Street lights of a maximum height of 15 feet are required and shall be shielded so as to not direct light into second stories of adjacent buildings

Page 6 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 5 Streets Designation

Figure 6 Characteristics for Streetscapes on Wilmington Drive and Ross Street

(3) Primary Streets Wilmington Drive and Ross Avenue (refer to Figure 5) Fifteen feet of sidewalk is required on both sides of the street The sidewalk width includes three feet of curb zone for street trees streetlight landscaping and pedestrian amenities and a 12-foot wide pedestrian movement zone

(4) Gateways (refer to Figure 5) Entry points containing two or more of the following specimen trees seasonal plantings textured pavings in sidewalks and crossings pedestrian scale lighting

Page 7 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 7 Typical Plaza Features

(Ord 02-707 sect 1)

2570050 Public plaza guidelines

(1) Design Intent

(a) To provide a visually rich and functionally unified improved public open space that acts as a gathering place for the community

(b) To provide a setting for programmed activities and informal encounters

(2) Public Plaza Design

(a) A visually prominent element such as a kiosk tall sculpture or theme pavilion shall be located in the plaza

(b) Paving shall be unit pavers or concrete with special texture pattern andor decorative features

(c) Separation of active and passive uses is encouraged through placement of planters street furniture landscaping different paving textures and subtle changes in ground plane

(d) Lighting shall be low in height maximum 15 feet in plazas The overall lighting in the plaza shall average two foot-candles The lighting plan should include pedestrian-oriented lights such as globes and light bollards Uplighting of trees and other site features is also encouraged

(e) The plaza shall be designed by a landscape architect as an integral public space along the Ross Street corridor axis

(f) There shall be safe pedestrian crosswalks leading to and from the plaza to the sidewalk and stores across the street

(g) The streets surrounding the main plaza shall be capable of being closed off to allow for street fairs and other public events that draw large crowds

Page 8 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(h) Pedestrian amenities shall be provided such as seating lighting plants drinking fountains distinctive paving art work bicycle racks or structures either open or covered and such focal points as sculpture or water feature

(i) Color form and texture are integral to the design Design of the plaza should incorporate some soft-scape as well as hard-surfaced areas

(j) Some covered area along the perimeter (ie vine-covered pergola) is strongly encouraged to provide protection from rain andor sun

(k) One linear foot of seating (at least 16 inches deep) should be provided for every 60 square feet of plaza Seating may include benches low seating walls steps or if properly designed a planter edge or edge of a fountain (Ord 02-707 sect 1)

2570060 Public areas and landscaping

(1) Design Intent

(a) To achieve a high-quality urban landscape that features a variety of plant materials

(b) To utilize landscape materials to strengthen and unify the center design identity

(c) To select plant materials that are relatively hardy and require little maintenance

(d) To frame the human-made elements with natural elements

(e) To add color texture and interest to the center

(2) Plaza Landscape

(a) A range of landscape materials trees evergreen shrubs ground covers and seasonal flowers shall be provided for color and visual interest

(b) Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas (For this reason trees with a fine leaf texture are also preferred in the plaza)

(c) Planters or large pots with small shrubs and seasonal flowers may also be used to separate a potential cafe seating from traffic flow and create protected sub-areas within the plaza for sitting and people watching

(d) Creative use of plant materials such as climbing vines or trellises and use of sculpture groupings etc are also encouraged

(e) Sun angle at noon and wind pattern should be considered in the design of the plaza to maximize sunlight areas

(f) Preferred materials include brick concrete unit pavers tile stone metal and wood

(3) Streetscape

Page 9 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND GU

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(a) Street trees shall be planted between 25 and 30 feet on center on both sides of all commercial streets

(b) Individual plant beds trees hanging baskets and other plant materials are encouraged

(c) Tree grates are required for all street trees in sidewalks and paved areas

(d) Use of trees and other plantings with special qualities (eg spring flowers andor good fall color) is strongly encouraged to unify the commercial center and create a unique character

(e) Street trees shall align with building column lines and not block storefronts Tree species selection shall encourage columnar deciduous trees or trees that spread or are pruned such that the bottom of the canopy is more than 12 feet above the street

(f) Street trees shall be selected from the publication of the Urban Forest Coalition City of Seattle October 1998 (Ord 02-707 sect 1)

2570070 Architectural building character

(1) Design Intent To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building The design character of an individual building should be compatible with (share similar features such as color scale massing and height) with its neighbors but may also include other features or characteristics that are different Applicants shall demonstrate how proposed buildings are similar to or dissimilar from neighboring buildings including those across the street with regard to

(a) Building forms and massing

(b) Rooflines and parapet features

(c) Special building features such as signs artwork special canopies landscaping elements entries etc

(d) Building fenestration the size orientation and treatment of windows and glazed areas

(e) Materials and color

(f) Relationship to site

Page 10 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 8 Varied Building Heights and Massing Develops Urban Scale

(2) Building Scale ndash Design Intent

(a) To create a consistent building scale throughout the commercial center

(b) To provide a consistent architectural scale throughout the city which is appropriate to a pedestrian environment

(c) To create a concentration of buildings near the plaza and along the street

(d) To achieve an inviting and interesting set of buildings with distinctive character

(e) To ensure that the buildings present a varied response to streets and public spaces

(f) To create strongly identifiable elements and civic gathering places that encourage a sense of community

(g) To encourage use of good quality materials with a low life-cycle cost

(3) Building Height

(a) Two stories are preferred however one to three stories are allowed Minimum height 18 feet except for buildings bordering on the plaza on Ross Avenue where the minimum height shall be 22 feet maximum height 50 feet

(b) At floors above the second level buildings shall step back at least two feet minimum from the first and second story building face and include a change of material above the second story Building focal points (see Figure 10) do not need to be set back

Page 11 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 9 Illustrates the Intent of the Provisions to Modulate a Long Facade

(4) Building Modulation In order to prevent long stretches of monotonous facade buildings over 60 feet in length as measured parallel to a street or parking lot shall be divided along the facade abutting a public street or parking lot at regular intervals (see Figure 8) Building modulation may be accomplished in several ways including

(a) The stepping back or projection of a portion of the facade

(b) Including significant building elements such as balconies porches canopies towers entry areas etc which visually break up the facade

(c) Building focal points which include distinctive entry features etc

(d) Changing the roofline

(e) Changing materials

(f) Using other methods acceptable to the city

(5) Building Elements and Details

(a) All building sides facing public streets and plazas shall incorporate a substantive use of building elements such as those from the list that follows as approved by the city to achieve a pedestrian scale both in the commercial and residential areas (Substantive in this case means a significant contribution to the form and character of the building Note that decorative shall mean exhibits special craftsmanship or distinctive design that adds visual interest andor unique character)

(i) Modulate building elements through treatment of windows doors entries and corners with special trim molding or glazing

(ii) Decorative building materials such as tile and metal work

(iii) Enhanced or articulated building entrances (recessed or covered)

(iv) Pergolas arcades porches decks bay windows dormers

Page 12 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(v) Balconies are encouraged in upper stories

(vi) Multiple-paned windows

(vii) Decorative railings grill work or landscape guards

(viii) Landscape trellises

(ix) Decorative light fixtures

(x) Storefront windows with glazing over at least 75 percent of the front facade of the ground floor between the height of two feet and 10 feet above the ground along main commercial streets

(xi) Multi-story structures with balconies overlooking the street are encouraged Balconies not only help to articulate the building facade and create a sense of visual interest they also contribute to the liveliness of the street scene and foster a sense of neighborhood security as people watch the street scene below

(xii) Other details or elements as approved by the city

Figure 10 Building Focal Point

(b) For buildings at street intersections special architectural elements andor building focal points at the building corner shall be incorporated in the building design to accentuate the buildingrsquos prominent location

(6) Building Walls

(a) Design Intent

Page 13 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(i) To provide visual interest along secondary streets and public parking areas

(ii) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

Figure 11 Example of Treating a Secondary Building Wall with Trellis and Landscaping

Figure 12 Secondary Building Wall with Unit Patterning and Display Window

(b) Blank walls more than 15 feet in length and between two feet and eight feet in elevation height without a window entry architectural feature or modulation should not face public open spaces street rights-of-way and parking lots Where such walls are unavoidable they shall be treated in at least two or more of the following ways

(i) Planters or trellises with vines

(ii) Landscaping that covers 30 percent of wall area within three years of planting

(iii) Special materials (eg decorative patterned masonry)

(iv) Display windows

(v) Other treatment approved by the city

(c) Creative uses of building materials such as concrete and concrete masonry units are encouraged

Page 14 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

Figure 13 Roof Configuration

(7) Building Roof

(a) Design Intent To unify the commercial center design character through roof design materials and color

(b) Roof designs should provide unifying elements It is recommended that buildings have consistent roof slopes details materials and configuration wherever possible

(c) All roofs exposed to view from a public right-of-way shall have a minimum slope of six feet vertical to 12 feet horizontal however portions of roofs not visible from a public right-of-way may be flat or have a lesser slope

(d) Roof mounted mechanical equipment (HVAC) shall be screened from view with similar design as provided in the structure

(8) Materials

(a) Design Intent

(i) To enhance the quality of both individual buildings and the commercial center streetscape as a whole

(ii) To encourage the use of traditional forms details and good quality materials with low life cycle costs

(b) The materials of the building elements such as roofs (where exposed to view) exterior walls trim and other miscellaneous elements should be durable yet should also possess a traditional character

(c) The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete masonry brick ornamental steel metal panels wood siding)

(d) Corrugated metal siding and plywood siding should not be used for exterior walls

Page 15 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(e) Windows shall have clear glazing only Mirrored or reflective glass shall not be used

(f) No tilt-up type (eg industrial building) concrete buildings will be allowed Exposed concrete shall be finished with design patterns and colors compatible with surrounding buildings

(9) Colors

(a) Design Intent To create design unity a sense of place and community identity

(b) The basic building shell may be earth tones light green taupe brown red-brown buff gray cream white natural wood brick stone or similar colors

(c) Trim should be of contrasting tones or colors

(d) Accent colors shall not cover more than 10 percent of any building facade

Figure 14 Service Area Locations and Screening

(10) Service Areas

(a) Design Intent To screen service and utility elements from view while providing efficient service areas

(b) Building service elements and utility equipment should be contained within the building envelope so as not to encroach on pedestrian areas

(c) All on-site service areas loading zones and outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area) waste storage disposal facilities transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space If this is not possible then the service area loading zone or storage area must be screened from public view Acceptable screening includes

(i) Materials matching the adjacent building wall

Page 16 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

(ii) A solid hedge or other screening as approved by the city Note Chain link fencing withwithout slats is not permitted

(d) Serviceutility areas or enclosures shall not be located in or be visible from the public plaza or courts

(11) Drive Thru Drive thru windows may be proposed subject to the following standards

(a) The drive thru shall be located only at the side or rear of the building

(b) The drive aisle serving the drive thru shall not encircle more than 75 percent of the building circumference to which the drive thru serves

(c) The drive thru including drive aisle shall be screened by two-and-one-half-foot tall solid structural wall constructed of materials matching the building exterior walls The intent of the wall is to screen cars queuing up and at the drive thru from the adjacent public street

(12) Lighting

(a) Design Intent

(i) To provide adequate lighting to ensure safety and security

(ii) To enhance and encourage evening activities

(iii) To provide distinctive character and add drama to evening experience of the commercial center

(b) The color of light must be considered in the lighting design For example metal halide is recommended for general usage at building exteriors parking areas and pedestrian courts as well as in street lamps and for use lighting street trees Low-pressure sodium which casts a yellow light is not recommended

(c) Uplighting on trees and provisions for seasonal lighting are encouraged

(d) Light levels averaging at least one foot-candle are required along all sidewalks within the commercial area

(e) All efforts to reduce glare into the commercial center and surrounding community from street and parking area lights should be undertaken

(f) Accent lighting on architectural and landscape features is encouraged to add interest and focal points

(g) Pedestrian-scaled lighting is required along all streets and in all public plazas and courts Pedestrian-scaled lighting fixtures are generally below 15 feet and of a character complimentary to the building architecture

(h) Parking area lighting shall not exceed 15 feet in height at entries and where parking is adjacent to buildings Fixtures for other locations on the interior of the parking lot shall not

Page 17 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570

exceed 25 feet All lighting shall be baffled to minimize glare and spillage into second story windows and the surrounding community (Ord 03-736 sect 7 Ord 02-707 sect 1)

The DuPont Municipal Code is current through Ordinance 15-1001 passed December 8 2015Disclaimer The City Clerks Office has the official version of the DuPont Municipal Code Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above

Page 18 of 18Chapter 2570 COMMERCIAL AND MIXED USE DESIGN REGULATIONS AND

752016httpwwwcodepublishingcomWADuPonthtmlDuPont25DuPont2570html

  • July 11 2016 Planning Commission Agenda
  • 01 - Summaries of Updates - Draft Updates to the DuPont Municipal Code - May 9 2016
  • 02- Affordable Housing Incentives Program - DMC 25XX
    • UChapter 25XXX AFFORDABLE HOUSING INCENTIVES PROGRAM
      • U25XX010 Purpose
      • U25XX020 Locations and descriptions of affordable housing incentive programs
      • U25XX030 Modifications of development standards
      • UAn applicant may request a modification of the minimum required number of parking spaces pursuant to DMC 2595
      • U25XX040 Affordable housing agreement
      • U25XX060 Implementation provisions
        • Chapter 2510 DEFINITIONS
          • 2510010 A definitions
              • 03 - Emergency Comprehensive Plan Amendment Definition - DMC 25170
                • Chapter 25170 COMPREHENSIVE PLAN AMENDMENT
                  • 25170110 Amendments considered under emergency situation
                    • Chapter 2510 DEFINITIONS
                      • 2510050 E definitions
                          • 04 - Excavation and Grading - DMC 1207
                            • Chapter 1207 Excavation and Grading
                              • 1207010 Adoption by reference
                                  • 05 - Impact Fee Deferral - DMC 2605
                                    • Chapter 2605 FIRE IMPACT FEES
                                      • 2605120 Single-Family Residential Deferral Option
                                          • 06 - Stormwater Management Regulations and Requirements - DMC 2201
                                            • Chapter 2201 Stormwater Management Regulations and Requirements
                                              • 2201040 Definitions
                                              • 2201090 General requirements
                                              • 2201210 Minimum Requirement No 1--Preparation of Stormwater Site Plan
                                              • 2201250 Minimum Requirement No 5--On-site stormwater management
                                              • 2201260 Minimum Requirement No 6--Runoff treatment
                                              • 2201270 Minimum Requirement No 7--Flow control
                                              • 2201280 Minimum Requirement No 8--Wetlands protection
                                              • 2201290 Minimum Requirement No 9--Operation and maintenance
                                                  • 06a - Low Impact Development - DMC 2201
                                                    • Chapter 2201 Stormwater Management Regulations and Requirements
                                                      • 2201040 Definitions
                                                          • 07 - Resource Lands - DMC 2560
                                                            • Chapter 2560 MINERAL RESOURCE OVERLAY
                                                              • 2560010 Purpose
                                                              • 2560020 Permitted uses
                                                              • 2560030 Notice and disclosure required
                                                              • 2560040 Disclosure text
                                                              • 2560030 050 Performance standards
                                                              • 2560 040 060 Site plan approval
                                                                  • 08 - Military Base Commander Notification - DMC 2557
                                                                    • Chapter 2557 MILITARY LANDS
                                                                      • 2557010 Purpose
                                                                          • 09 - Transportation Concurrency - DMC 25XX
                                                                            • Chapter 25XX TRANSPORTATION CONCURRENCY REVIEW
                                                                              • 25XX010 Purpose
                                                                              • It is the purpose of this chapter
                                                                              • (1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development
                                                                              • (2) To provide transportation facilities that achieve and maintain the cityrsquos level of service standards as established in the comprehensive plan and
                                                                              • (3) To ensure that the cityrsquos level of service standards are achieved concurrently with development as required by the Growth Management Act
                                                                              • 25XX020 Concurrency requirement
                                                                              • A Preliminary plat (subdivision of five or more residential lots)
                                                                              • B Site plan and design review
                                                                              • C Any development permit that generates 50 or more average trips per day (ADT) or five or more am or five or more pm peak hour trips per the latest edition of the ITE Trip Generation Manual
                                                                              • (2) The city shall not issue a development permit until
                                                                              • A concurrency test has been conducted in accordance with DMC 25XX030(2) and a certificate of concurrency has been issued or
                                                                              • B The application has been determined to be exempt from the concurrency test as provided in subsection DMC 25XX060
                                                                              • 25XX030 Review Process
                                                                              • 25XX040 Finding of concurrency
                                                                              • The finding of concurrency shall be valid for the same time period as the underlying building permit including any extensions thereof
                                                                              • A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city
                                                                              • A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit even if the ownership of the property changes
                                                                              • All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners heirs execu
                                                                              • 25XX050 Exemptions from the concurrency test
                                                                              • 25XX060 Transportation concurrency mitigation methods
                                                                                • Chapter 2510 DEFINITIONS
                                                                                  • 2510030 C definitions
                                                                                  • ldquoConcurrency testrdquo means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities in order to assess the impact of the proposed development on the tran
                                                                                  • 2510060 F definitions
                                                                                  • ldquoFinding of concurrencyrdquo means the finding that is a part of the building permit or residential preliminary plat approval issued by the city indicating that the transportation system has adequate unused or uncommitted capacity or will have adequate c
                                                                                  • 2510120 L definitions
                                                                                  • 2510200 T definitions
                                                                                      • 10 - Preliminary Dicsussion Draft Mixed Use Text Revision
                                                                                      • 11 - DMC Chapter 2570