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A. Purpose. Mixed use developments allow for placement of a mix of uses in a single building or integrated site of multiple buildings. Mixed use developments are intended to allow for efficient use of land and public services in an urban setting; encourage human interaction and sense of place; create safe, attractive and convenient environments; and increase development alternatives. This chapter establishes standards for single mixed use buildings, and for multiple-building mixed use sites. Provisions of this chapter are intended to be optional in commercial and multi-family zoning districts, and mandatory mixed use zoning districts including mixed use districts newly designated as part of annexation or other means.

B. Single Mixed-Use Buildings.

1. Applicability – Single Mixed Use Buildings.

a. Single structures containing a mix of residential uses with commercial and/or office uses are allowed in the R-18, R-22, R-30, R-35, CN, CC, CG, and MX zoning districts under the standards herein.

b. Single structures containing a mix of nonresidential uses only shall be subject to standards of the underlying zoning district.

c. Approval of mix of uses in a single building in the zoning districts listed herein would not require or result in a change in zoning designation.

2. Standards – Single Mixed Use Buildings.

a. Overall Uses. Individual uses shall be allowed as indicated in the MX column of Table 20.430.030-1.

b. Mix of Uses. Ground Floor

1. A minimum of 50% of the lineal street front of the ground floor of mixed use buildings along arterial or collector streets shall be devoted to commercial or office uses. Parking garages devoted in whole or part to commercial or office uses may be counted towards this requirement, but surface parking may not. Mixed use buildings along lesser classification streets shall not face this requirement.

2. All newly constructed ground floor residential space shall have a minimum height of 10 feet and be otherwise built to allow for potential future conversion to nonresidential uses.

c. Mix of Uses. Total Building.

Within residential zones, additional nonresidential uses beyond the minimum street front requirement are allowed, provided residential uses comprise at least 50% of the total building square footage. Within nonresidential zones, there are no additional mixing requirements beyond ground floor requirements.

d. Development standards shall be as specified in the MX column of Table 20.430.040-1.

e. Screening. Non-residential uses, including off-street parking, which directly abut off-site single-family residential zones without an intervening public or private street shall provide screening as per 20.440.030(C)(3).

3. Review Process – Single Mixed Use Buildings. Review shall be according to the highest process required for the proposed uses within the building as indicated in the MX column of Table 20.430.030-1. For example, a proposed building with one use permitted outright and another permitted conditionally shall require conditional use permit review.

C. Multiple Building Mixed Use Sites.

1. Applicability – Mixed Use Sites.

Mixed use developments consisting of separate structures within a site or contiguous sites are allowed in the R-18, R-22, R-30, R-35, CN, CC, CG, and MX zoning districts, Upon approval of a multiple building mixed use master plan under this chapter, the zoning designation shall be changed to MX. Separate application and review for a zone change shall not be required.

2. Standards – Mixed Use Sites.

a. Overall uses. Uses shall be allowed as indicated in the MX column of Table 20.430.030-1, except that automobile service stations and drive-through facilities shall be prohibited.

b. Site Mix. At least 20% of the combined gross floor area of the buildings proposed on the site shall be devoted to residential uses, and at least 20% to nonresidential uses. Parking garages or portions of garages devoted to residential or nonresidential uses may be counted towards this requirement, but surface parking may not.

c. Functional integration of uses. Land uses in mixed use sites shall be selected and designed to encourage interaction among uses. Examples include but are not limited to commercial developments which are significantly used for shopping by on-site or adjacent residents or office workers.

d. Physical integration of uses.

1. All buildings and improvements on the site shall be located and designed to look and function as an integrated development and to encourage pedestrian travel between buildings and uses. Complete segregation of use types, such as placement of multiple commercial structures all on one side of a mixed use site and multiple residential structures all on the other, shall be prohibited.

2. Separate buildings shall be connected through pedestrian linkages delineated through landscaping, differentiated surface materials or texture. Delineation through striping alone shall not be considered sufficient.

3. One or more similar design characteristics among separate structures shall be provided, including but not limited to similar or complimentary building facades, surface materials, colors, landscaping, or signage.

4. One or more outdoor publicly accessible features shall be provided to encourage interaction among residents or users of the site, including but not limited to courtyards, delineated gathering spaces, or seating areas. These areas may be paved and/or landscaped, and must comprise at least 5% of the total site area, and be centrally located within the site to fullest extent possible.

e. Development and building density/intensity standards.

1. Residential buildings shall achieve a minimum density of at least 12 units per net acre, as measured by the total number of residential units divided by the portion of the site devoted to residential use, not including public or private streets, or critical areas and associated buffers on that portion.

2. Non-residential buildings shall achieve a floor area ratio (FAR) of at least .5, as measured by the gross square footage of the nonresidential buildings divided by the site area or areas devoted to nonresidential use. Individual nonresidential buildings and associated attached structures shall be counted as floor space. The site or portion of the site devoted to those buildings, not including public right-of-way, parks or pedestrian trails, shall be counted as site area. Parking garages may be counted towards the FAR requirement provided that 60% of the ground floor is devoted to an office or commercial use.

3. Development standards shall be as indicated in the MX column of Table 20.430.040-1.

4. Screening. Non-residential uses, including off-street parking, which directly abut off-site single-family residential zones without an intervening public or private street shall provide screening as per 20.440.030(C)(3).

f. Frontage standards.

1. Buildings shall be placed to encourage pedestrian activity within and along the site. No more than 50% of each site frontage along arterial or collector streets shall be devoted to off-street parking or vehicular access. Portions of site frontages devoted to off-street parking or access shall include design features such as landscaping or columns so as to maintain visual continuity of the street and sidewalk to the fullest extent possible.

2. At least one fully functional and visibly identifiable public entrance shall be provided along the frontage of each building adjacent to an arterial or collector street.

3. Blank walls longer than 30 feet without windows or an unbroken series of garage doors are not permitted on any street frontage, including frontage to controlled access highways and freeways.

g. Multiple parcel sites. Mixed use sites may be developed pursuant to this chapter on sites which consist of multiple parcels and internal public or private roads, provided that all applicable standards herein are met. Pedestrian connections required by 20.430.060 (C)(2)(d)(2) crossing internal arterial streets shall not require differentiated surface materials if striping is provided.

h. Parking- The following shall apply in addition to the standards of VMC 20.945.

1. The maximum number of spaces provided shall be no more than 125% of applicable minimum requirement for sites 10 acres or less, and no more than 115% of the minimum for sites larger than 10 acres.

2. The Planning Official may authorize shared or joint use parking among uses which are likely to be visited with a single driving trip and are adequately linked to their parking, provided an adequate legal agreement for the joint parking usage for the duration of the arrangement is recorded.

3. The Planning Official may authorize shared or joint use parking among uses which have differing hours of operation or usage, such as residences and offices, provided an adequate legal agreement for the joint parking usage for the duration of the arrangement is recorded.

4. The Planning Official may authorize up to a 25% reduction in required parking if transit service is available to the site.

i. Vesting

Vesting and concurrency provisions shall be as indicated in 20.260.090 and 20.260.100.

3. Review Process – Mixed Use Sites.

a. Mixed Use Plan. Initial development of a multiple building mixed use site or portions of a mixed use site shall require submittal and approval of a Mixed Use Master Plan, unless already subject to previous Mixed Use or Master Plan approval. The following requirements shall apply:

1. Required components. Mixed Use Master Plans shall contain the following:

a. Mapping and written description of existing physical features, including but not limited to structures, roads, infrastructure, landscaping, and natural features.

b. Mapping and written description of proposed physical features, including but not limited to structures, roads, publicly accessible areas, parking, infrastructure, landscaping, and natural features.

c. Mapping and written description of all proposed uses and use types.

d. If applicable, description of proposed future ownership or management provisions.

e. If applicable, description or proposed future phasing.

f. Written description of proposal’s consistency with transportation and other service requirements.

g. Written description of proposal’s consistency with the purpose statement and other applicable standards of this chapter.

h. Written description of changes in circumstances since original adoption of the existing zoning designations at the site. As stated in the approval criteria of VMC 20.430.060.C.3.a.2.d, compliance with the development standards of VMC 20.430.060.C.2 and the applicable Comprehensive Plan policies shall be sufficient to demonstrate that a change in circumstances has occurred.

i. Written description of the proposal’s compatibility with surrounding land uses.

j. Written parking plan describing how residential and nonresidential uses can provide sufficient and coordinated parking to avoid impacts to adjacent off-site residential.

2. Approval Criteria and Zoning. proposed Mixed Use Master Plans 25 acres or larger in size shall be reviewed as Type IV application by the Planning Commission. Proposals less than 25 acres shall be reviewed as Type IV applications by the hearings Examiner. Approvals, or approval with conditions shall be granted upon findings that:

a. The Master Plan and associated conditions of approval ensure future development will meet all applicable criteria of this chapter; and

b. The proposal complies with applicable rezone criteria of VMC 20.285.080; and

c. There is or will be sufficient capacity within the transportation system and public sewer, water, police, fire, and stormwater services to adequately serve all portions of the site at the time of development; and

d. A change in circumstances has occurred since existing zoning designations at the site were originally adopted. For the purposes of a multiple building mixed use plan only, compliance with the development standards of VMC 20.430.060C2 and the applicable Comprehensive Plan policies shall be sufficient to demonstrate that a change in circumstances has occurred.

3. Proposed modifications to previously approved mixed use concept plans shall require Type I, II or III review depending on the modification required, as specified in VMC 20.260.030.

b. Development proposals on sites subject to an existing Mixes Use Master Plan or existing mixed use zoning:

1. Development on sites or portions of sites subject to Mixed Use Master Plan approval under this chapter, or under equivalent mixed use approval prior to this chapter, shall require site plan approval as Type II review under VMC 20.270. Approval or approval with conditions shall be granted if the proposal is fully consistent with the approved Mixed Use Master Plan or equivalent, applicable portions of this chapter, and VMC 20.270 procedural standards.

2. Development on sites or portions of sites zoned MX but not subject to an approved Mixed Use Master Plan under this chapter or other shall submit for master plan review under this chapter as a Type III application for sites less than 25 acres, and a Type IV application for sites 25 acres or larger.

3. No more than 50% of the total square footage envisioned by the Master Plan for any one major use type (commercial, office or residential) can be granted occupancy permit approval until occupancy permit approval is provided for at least 25% of the total square footage of all of the major use types envisioned in the Master Plan. This requirement may be waived by the planning official, if the applicant provides a security or other form of binding assurance that the remaining major use types contemplated in the Master Plan will be built.

D. Adjustment to Numerical Standards – Single Building and Mixed Use Sites. Numerical standards contained in this chapter may be adjusted by up to 25% if a clear demonstration is provided that the proposed mixed use development with the adjustment would fully comply with the purpose statement and all other applicable standards of this chapter, and that the proposal would clearly not be able to comply with those standards without the proposed adjustments.

E. Incentives – Single Building and Mixed Use Sites. Traffic impact fees for mixes use developments shall be reduced to account for internal trips between uses on the site or building as demonstrated by an approved traffic study. (Ord. M-4325 § 3, 2020; Ord. M-3922 § 24, 2009; Ord. M-3840 § 24, 2007; Ord. M-3796 § 2, 2007; Ord. M-3730 § 22, 2005; Ord. M-3698 § 8, 2005; Ord. M-3643, 2004)