Part 20.25A Downtown

20.25A.010 General.

A.    This Part 20.25A, Downtown, contains information which applies to development and activity within a Downtown Land Use District. Specific sections apply to limited areas within the Downtown Land Use Districts as follows:

1.    Downtown Old Bellevue Design District, LUC 20.25A.070;

2.    Civic Center Design District, LUC 20.25A.065;

3.    Perimeter Design District, LUC 20.25A.090;

4.    Downtown Core Design District, LUC 20.25A.100.

B.    Procedural Merger.

Within the Downtown Land Use District, any administrative decision required by this Part 20.25A or by the Land Use Code, including but not limited to the following, may be applied for and processed through a single Design Review, Part 20.30F LUC:

1.    Administrative Conditional Use Permit, Part 20.30E LUC;

2.    Design Review, Part 20.30F LUC;

3.    Variance, Part 20.30G LUC.

C.    Design Review Required.

All development within a Downtown Land Use District must be reviewed by the Director of the Development Services Department through Design Review, Part 20.30F LUC.

D.    Interpretation of Land Use Code by Director.

1.    Director’s Authority. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the Director shall have the authority to make the final determination per LUC 20.10.420. (Ord. 6277, 3-7-16, § 2; Ord. 4973, 3-3-97, § 101; Ord. 4816, 12-4-95, § 201; Ord. 4255, 6-3-91, § 4; Ord. 3653, 5-19-86, § 1)

20.25A.015 Permitted uses.

A.    Permitted Uses.

Specific categories of uses are listed in Chart 20.25A.015.D. Subsection C of this section explains Chart 20.25A.015.D, and describes the applicable review procedures. The use chart description and interpretation provisions of LUC 20.10.400 do not apply to the Downtown land use districts.

B.    Prohibited Uses.

The manufacturing use table has been removed from the Downtown because there are no manufacturing uses that are generally permitted in any Downtown district unless they have been specifically added to another chart such as wholesale and retail.

C.    Use Chart Described.

In Chart 20.25A.015.D, land use classifications and standard Land Use Code reference numbers are listed on the vertical axis. City of Bellevue land use districts are shown on the horizontal axis.

1.    If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for short-term uses, which are regulated under Part 20.30M LUC (Temporary Use Permits) and subordinate uses which are regulated under LUC 20.20.840.

2.    If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to applicable general requirements of Chapter 20.20 LUC for the use and the district-specific requirements of this Part 20.25A LUC.

3.    If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the Conditional Use provisions specified in Part 20.30B in addition to any applicable general requirements for the use and the land use district.

4.    If the symbol “A” appears in the box at the intersection of the column and the row, the use is permitted subject to the Administrative Conditional Use provisions as specified in Part 20.30E LUC in addition to any applicable general requirements for the use and the land use district.

5.    If a number appears in the box at the intersection of the column and the row, the use is permitted through the applicable review process and subject to the special limitations indicated in the corresponding Notes.

D.    Use Charts.

The following charts apply to Downtown. The use charts contained in LUC 20.10.440 do not apply within the Downtown land use districts.

Chart 20.25A.015.D – Uses in Downtown Land Use Districts

 

Culture, Entertainment, and Recreation – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown Mixed
Use District

Downtown
Residential
District

Downtown Old
Bellevue District

Downtown Office
and Limited
Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

711

Library, Museum

P

P

P

A

A

P

7113

Art Gallery

P

P

P

P 3

P

P

712

Nature Exhibitions: Aquariums and Botanical Gardens

P

P

P

 

 

 

7212

7214

7222

7231

7232

Public Assembly (Indoor): Sports, Arenas, Auditoriums and Exhibition Halls but Excluding School Facilities

P

P

P

A 3

A

P

7212

7214

7218

Motion Picture, Theaters, Night Clubs, Dance Halls and Teen Clubs

P

P

P

A 3

A

P

7213

Drive-In Theaters

 

 

 

 

 

 

 

Adult Theaters (4)

P

P

P

 

 

P

7223

73

Public Assembly (Outdoor): Fairgrounds and Amusement Parks, Miniature Golf, Golf Driving Ranges, Go-Cart Tracks, BMX Tracks and Skateboard Tracks (1)

 

 

 

 

 

 

73

Commercial Amusements: Video Arcades, Electronic Games

P

P

P

 

P

P

7411

7413

7422

7423

7424

7441

7449

Recreation Activities: Miniature Golf, Tennis Courts, Community Clubs, Athletic Fields, Play Fields, Recreation Centers, Swimming Pools (2)

P

P

P

P 5

P

P

744

Marinas, Yacht Clubs

 

 

 

 

 

 

7413

7414

7415

7417

7425

Recreation Activities: Skating, Bowling, Gymnasiums, Athletic Clubs, Health Clubs, Recreational Instruction

P

P

P

A/P 3, 5

P

P

7491

7515

Camping Sites and Hunting Clubs

 

 

 

 

 

 

76

Private Leisure and Open Space Areas Excluding Recreation Activities Above

P

P

P

P 5

P

P

 

Public/Private Park

P

P

P

P 5

P

P

 

Stables and Riding Academies

 

 

 

 

 

 

 

Boarding or Commercial Kennels (6)

 

 

 

 

 

 

 

City Park (5)

P

P

P

P

P

P

Notes: Uses in Downtown land use districts – Culture, Entertainment, and Recreation

(1)    For carnivals, see LUC 20.20.160.

(2)    Limited to a maximum of 2,000 gross square feet per establishment.

(3)    Nonresidential uses are permitted in Downtown-R Districts only when developed in a building which contains residential uses.

(4)    Adult theaters are subject to the regulations for adult entertainment uses in LUC 20.20.127.

(5)    Outdoor recreation facilities that include lighted sports and play fields or sports and play fields with amplified sound require administrative conditional use approval when located in the Downtown-R Zone.

(6)    Boarding and commercial kennels are allowed as subordinate uses to a veterinary clinic or hospital meeting the criteria of LUC 20.20.130.

 

Residential – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown
Mixed Use District

Downtown
Residential District

Downtown Old
Bellevue District

Downtown Office and
Limited Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

 

Two or More Dwelling Units Per Structure

P

P

P

P

P

P

12

Group Quarters: Dormitories, Fraternal Houses, Excluding Military and Correctional Institutions and Excluding Secure Community Transition Facilities

P

P

P

P

P

P

13

15

Hotels and Motels

P

P

P

P

P

P

 

Congregate Care Senior Housing (1)

P

P

P

P

P

P

6516

Nursing Home, Assisted Living

 

 

P

P

P

P

Notes: Uses in Downtown land use districts – Residential

(1)    An agreement must be recorded with the King County Department of Records and Elections and filed with the Bellevue City Clerk, restricting senior citizen dwellings or congregate care senior housing to remain for the life of the project.

 

Services – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown Mixed
Use District

Downtown
Residential
District

Downtown Old
Bellevue District

Downtown Office
and Limited
Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

61

Finance, Insurance, Real Estate Services

P 10

P 10

P 10

P 4, 5, 11

P 11

P 10

62

Personal Services: Laundry, Dry Cleaning, Barber and Beauty, Photography Studio and Shoe Repair

P

P

P

P 4, 5

P

P 4

6241

Funeral and Crematory Services

 

 

 

 

 

 

6262

Cemeteries

 

 

 

 

 

 

 

Family Child Care Home in Residence (1)

P

P

P

P

P

P

629

Child Day Care Center (1, 2)

P

P

P

P

P

P

63

Business Services, Duplicating and Blue Printing, Steno, Advertising (Except Outdoor), Travel Agencies, Employment, and Printing and Publishing

P

P

P

P 4, 5

P

P

634

Building Maintenance and Pest Control Services

 

 

 

 

 

 

637

Warehousing and Storage Services, Excluding Stockyards

 

 

 

 

 

 

639

Rental and Leasing Services: Cars, Trucks, Trailers, Furniture and Tools

P

P

P

 

 

P

641

Auto Repair and Washing Services

 

 

P 3, 8

 

 

 

649

Repair Services: Watch, TV, Electrical, Upholstery

P

P

P

 

P

 

 

Professional Services: Medical Clinics and Other Health Care Related Services (12)

P

P

P

P 4, 5

P 4

P

 

Professional Services: Other

P

P

P

P 4, 5

P 4

P

 

Pet Grooming and Pet Day Care (9)

P

P

P

P/A 11

P

P

6513

Hospitals (12)

 

 

C

C

 

 

66

Contract Construction Services: Building Construction, Plumbing, Paving and Landscape

 

 

 

 

 

 

671

Governmental Services: Executive, Legislative, Administrative and Judicial Functions

P

P

P

P 5

P 5

P

672

673

Governmental Services: Protective Functions and Related Activities Excluding Maintenance Shops

 

 

P

C

C

P

 

Limited Governmental Services: Executive and Administrative, Legislative and Protective Functions (6)

P

P

P

P 5

P 5

P

674

675

Military and Correctional Institutions

 

 

 

 

 

 

 

Secure Community Transition Facility

 

 

 

 

 

 

681

Education: Primary and Secondary (7)

A

A

A

A/C

A

A

682

Universities and Colleges

P

P

P

 

 

P

683

Special Schools: Vocational, Trade, Art, Music, Driving, Barber and Beauty Schools

P

P

P

P/A 5, 11

P 5

P

691

Religious Activities

P

P

P

C

C

P

692 (A)

Professional and Labor Organizations Fraternal Lodge

P

P

P

C

C

P

692 (B)

Social Service Providers

P

P

P

C

C

P

 

Administrative Office – General

P

P

P

P 4, 5

P

P

 

Computer Program, Data Processing and Other Computer-Related Services

P

P

P

P 4, 5

P

P

 

Research, Business Incubation, Development and Testing Services

P

P

P

P 4, 5

P

P

Notes: Uses in Downtown land use districts – Services

(1)    Refer to Chapter 20.50 LUC for definitions of child care service, family child care home, and child day care center.

(2)    A child care service may be located in a community facility in any land use district pursuant to LUC 20.20.170.E.

(3)    Auto repair and washing services are permitted only if washing services are a subordinate use pursuant to LUC 20.20.840. All auto repair must be performed in a structure.

(4)    Limited to a maximum of 2,000 gross square feet per establishment.

(5)    Nonresidential uses are permitted in Downtown-R Districts only if developed in a building which contains residential uses.

(6)    Uses are limited to 1,000 square feet, except for protective functions which are limited to community police stations of 1,500 square feet or less.

(7)    Primary and secondary educational facilities are an administrative conditional use in all land use districts; provided, that in the DNTN-R District a Conditional Use Permit is required for:

(a)    The siting of such educational facility on a site not previously developed with an educational facility; or

(b)    The addition to or modification of a site previously developed with an educational facility where that addition or modification involves:

(i)    An increase of 20 percent or more in the number of students occupying the school. The increase shall be measured against the number of students for which the school was designed prior to the addition or modification, without regard to temporary structures that may have been added to the site over time. If there is no information establishing the number of students for which the school was originally designed, then the increase shall be measured against the average number of students occupying the school in the three academic years immediately preceding the proposed addition or modification; or

(ii)    A change in the age group of students occupying the school, or the addition of an age group where such age group was not previously served at the school, except that the addition of students younger than kindergarten age consistent with the definition of school in LUC 20.50.046 shall not be considered a change in the age group of students or an addition of an age group for purposes of this subsection. For purposes of this subsection, age group refers to elementary, middle, junior or high school, as defined and used by the school district operating the school; or

(iii)    The addition of facilities or programs that may result in impacts not anticipated at the time the original school was developed, including, for example: development of lighted ballfields or the addition of lighting to existing ballfields; development of an exterior sound amplification system; development of fixed outdoor seating; or a proposal to increase the height of the facility pursuant to LUC 20.20.740.A.3.b.

(8)    Battery exchange stations are ancillary to auto repair and washing services, and are permitted through the applicable review process as a component of that use. Operators of battery exchange stations must comply with federal and state law regulating the handling, storage, and disposal of batteries.

(9)    Boarding and commercial kennels are permitted as a subordinate use to a pet grooming or pet day care meeting the criteria of LUC 20.20.130.

(10)    Drive-in and drive-through facilities are permitted as a subordinate use pursuant to LUC 20.20.840 only if located within a structured parking area and not adjacent to any publicly accessible space. Parking must comply with LUC 20.25A.050.A.

(11)    When the use occupies less than or equal to 2,000 square feet, the use is permitted outright. When the use occupies more than 2,000 square feet, an Administrative Conditional Use Permit is required.

(12)    Stand-alone emergency rooms shall only be allowed when affiliated with a hospital.

 

Transportation and Utilities – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown Mixed
Use District

Downtown
Residential
District

Downtown Old
Bellevue District

Downtown Office
and Limited
Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

41

Rail Transportation: Right-of-Way, Yards, Terminals, Maintenance Shops

 

 

 

 

 

 

42

4291

Motor Vehicle Transportation: Bus Terminals, Taxi Headquarters

A

A

A

 

 

A

4214

422

Motor Vehicle Transportation: Maintenance Garages and Motor Freight Services

 

 

 

 

 

 

43

Aircraft Transportation: Airports, Fields, Terminals, Heliports, Storage and Maintenance

A 3

A 3

A 4

 

 

A 3

 

Accessory Parking (1, 2, 12)

P

P

P

P 14

P

P

46

Auto Parking: Commercial Lots and Garages (12)

P 5

P 5

P 5

A

P 5

P 5

 

Park and Ride

 

 

 

 

 

 

475

Radio and Television Broadcasting Studios

P

P

P

 

P

P

485

Solid Waste Disposal

 

 

 

 

 

 

 

Highway and Street Right-of-Way (12)

P

P

P

P

P

P

 

Utility Facility

C

C

C

C

C

C

 

Local Utility System

P

P

P

P

P

P

 

Regional Utility System

C

C

C

C

C

C

 

On-Site Hazardous Waste Treatment and Storage Facility

 

 

 

 

 

 

 

Off-Site Hazardous Waste Treatment and Storage Facility

 

 

 

 

 

 

 

Essential Public Facility (9)

C

C

C

C

C

C

 

Regional Light Rail Transit Systems and Facilities (13)

C/P

C/P

C/P

C/P

C/P

C/P

 

Wireless Communication Facility (WCF): (without WCF Support Structures)

6, 7, 10

6, 7, 10

6, 7, 10

6, 7, 10

6, 7, 10

6, 7, 10

 

Communication, Broadcast and Relay Towers Including WCF Support Structures (Freestanding)

6, 7

6, 7

6, 7

6, 7

6, 7

6, 7

 

Satellite Dishes (8)

P

P

P

P

P

P

 

Electrical Utility Facility (11)

A/C

A/C

A/C

A/C

A/C

A/C

Notes: Uses in Downtown land use districts – Transportation and Utilities

(1)    The location of an off-site parking facility must be approved by the Director of the Development Services Department. See LUC 20.25A.050.H.

(2)    Accessory parking requires approval through the review process required for the primary land use which it serves pursuant to this section.

(3)    Aircraft transportation is limited in these districts to government heliports used exclusively for emergency purposes and regulated pursuant to the terms of LUC 20.20.450.

(4)    Aircraft transportation is limited in these districts to government and hospital heliports used exclusively for emergency purposes and regulated pursuant to the terms of LUC 20.20.450.

(5)    Design Review approval, Part 20.30F LUC, is required to establish a commercial parking facility. Refer to LUC 20.25A.050.E for additional development requirements.

(6)    Wireless communication facilities (WCFs) are not permitted on any residential structure, undeveloped site located in a residential land use district, or site that is developed with a residential use; except WCFs are allowed on mixed-use buildings that include residential uses. This note does not prohibit locating WCF: on any nonresidential structure (i.e., churches, schools, public facility structures, utility poles, etc.) or in public rights-of-way in any residential land use district.

(7)    Refer to LUC 20.20.195 for general requirements applicable to wireless communication facilities and other communication, broadcast and relay facilities.

(8)    Refer to LUC 20.20.730 for general requirements applicable to large satellite dishes.

(9)    Refer to LUC 20.20.350 for general requirements applicable to essential public facilities (EPF).

(10)    Antenna and associated equipment used to transmit or receive fixed wireless signals when located at a fixed customer location are permitted in all land use districts and are exempt from the requirements of LUC 20.20.010, 20.20.195 and 20.20.525 so long as the antenna and equipment comply with 47 C.F.R. 1.400, now or as hereafter amended. A building permit may be required to ensure safe installation of the antenna and equipment.

(11)    For the definition of electrical utility facility, see LUC 20.50.018, and for reference to applicable development regulations relating to electrical utility facilities, see LUC 20.20.255. For new or expanding electrical utility facilities proposed on sensitive sites as described by Map UT-7 of the Utilities Element of the Comprehensive Plan, the applicant shall obtain Conditional Use Permit approval under Part 20.30B LUC, complete an alternative siting analysis as described in LUC 20.20.255.D and comply with decision criteria and design standards set forth in LUC 20.20.255. For expansions of electrical utility facilities not proposed on sensitive sites as described by Map UT-7, the applicant shall obtain Administrative Conditional Use Permit approval under Part 20.30E LUC and comply with decision criteria and design standards set forth in LUC 20.20.255.

(12)    Electric vehicle infrastructure, excluding battery exchange stations, is ancillary to motor vehicle parking and highways and rights-of-way, and is permitted through the applicable review process as a component of that use.

(13)    Refer to Part 20.25M LUC, Light Rail Overlay District, for specific requirements applicable to EPF defined as a regional light rail transit facility or regional light rail transit system pursuant to LUC 20.25M.020. A Conditional Use Permit is not required when the City Council has approved a regional light rail transit facility or regional light rail transit system by resolution or ordinance, or by a development agreement authorized by Chapter 36.70B RCW and consistent with LUC 20.25M.030.B.1.

(14)    Accessory parking is not permitted in residential land use districts as accessory to uses which are not permitted in these districts.

 

Wholesale and Retail – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown Mixed
Use District

Downtown
Residential
District

Downtown Old
Bellevue District

Downtown Office
and Limited
Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

51

Wholesale Trade: General Merchandise, Products, Supplies, Materials and Equipment except the following:

 

 

 

 

 

 

5111

5156

5157 5191 5192

Wholesale Trade: Motor Vehicles, Primary and Structural Metals, Bulk Petroleum

 

 

 

 

 

 

5193

Scrap Waste Materials, Livestock

 

 

 

 

 

 

 

Recycling Centers (15)

P

P

P

A

A

P

521

522

523

524

Lumber and Other Bulky Building Materials Including Preassembled Products

 

 

 

 

 

 

5251

Hardware, Paint, Tile and Wallpaper (Retail)

P

P

P

P 1

P 5

P

5252

Farm Equipment

 

 

 

 

 

 

53

General Merchandise: Dry Goods, Variety and Dept. Stores (Retail)

P

P

P

P 1

P 5

P

54

Food and Convenience Store (Retail) (3)

P

P

P

P 1

P 5

P

5511

Autos (Retail), Motorcycles (Retail)

P 2

P 2

P 2

 

 

P 2

 

Commercial Trucks, Recreational Vehicles (Retail)

 

 

 

 

 

 

 

Boats (Retail)

P 2

P 2

P 2

 

 

P 2

552

Automotive and Marine Accessories (Retail)

 

 

P

 

 

P

553

Gasoline Service Stations (8)

P

P

P

 

 

P

56

Apparel and Accessories (Retail)

P

P

P

P 1

P 2

P

57

Furniture, Home Furnishing (Retail)

P

P

P

P 1

P 2

P

58

Eating and Drinking Establishments (4, 7)

P

P

P

P

P

P

59

Misc. Retail Trade: Drugs, Liquor, Antiques, Books, Sporting Goods, Jewelry, Florist, Photo Supplies, Video Rentals and Computer Supplies (12)

P

P

P

P 1

P 2

P

 

Handcrafted Products (Retail) (11, 14)

P

P

P

P 1

P

P

 

Adult Retail Establishments (6)

P

P

P

 

P

P

59

Marijuana Retail Outlet

A 4, 10

A 4, 10

A 4, 10

 

A 4, 10

A 4, 10

5961

Farm Supplies, Hay, Grain, Feed and Fencing, etc. (Retail)

 

 

 

 

 

 

596

Retail Fuel Yards

 

 

 

 

 

 

5996

Garden Supplies, Small Trees, Shrubs, Flowers, Ground Cover, Horticultural Nurseries and Light Supplies and Tools

 

 

P 13

P 13

P 13

P 13

5999

Pet Shop (Retail)

P

P

P

P 1

P 5

P

 

Computers and Electronics (Retail)

P

P

P

P 1

P 5

P

Notes: Uses in Downtown land use districts – Wholesale and Retail

(1)    Nonresidential uses are permitted in Downtown-R Districts only when developed within the same project limit and simultaneously with an equal or greater amount of floor area devoted to residential uses.

(2)    No on-site outdoor display or inventory storage. Loading and unloading shall not be permitted in the right-of-way.

(3)    Food and convenience stores (retail) must contain at least 75 percent square footage of retail food sales not for consumption on premises.

(4)    Drive-in windows and drive-throughs are not permitted.

(5)    Limited to a maximum of 15,000 gross square feet per establishment or up to 25,000 gross square feet through a conditional use.

(6)    Adult retail establishments are subject to the regulations for adult entertainment uses in LUC 20.20.127.

(7)    Microbrewery manufacturing is permitted when combined with an eating and drinking establishment.

(8)    All wholesale and retail uses, which offer shopping carts to customers, shall (a) designate a shopping cart containment area as defined in BCC 9.10.010; (b) display signage around shopping cart corrals and at the perimeter of the shopping cart containment area that provides notice that unauthorized removal of a shopping cart from the premises constitutes theft under RCW 9A.56.270 and unauthorized abandonment of a shopping cart more than 100 feet away from the parking area of a retail establishment or shopping cart containment area is a Class 3 civil infraction as defined in RCW 7.80.120; and (c) display information on each shopping cart that is consistent with the labeling requirements of RCW 9A.56.270 and includes a 24-hour toll-free phone number to report abandoned shopping carts. Abandoned shopping carts or shopping carts located outside of a shopping cart containment area constitute a public nuisance under BCC 9.10.030(H) and may be abated through the provisions of Chapter 1.18 BCC.

(9)    Battery exchange stations are ancillary to gasoline service stations, and are permitted through the applicable review process as a component of that use. Operators of battery exchange stations must comply with federal and state law regulating the handling, storage, and disposal of batteries.

(10)    See LUC 20.20.535 for general development requirements for marijuana uses.

(11)    Handcrafted product manufacturing is permitted subordinate to a retail establishment selling that product; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.

(12)    Drive-in and drive-through pharmacies are permitted as a subordinate use pursuant to LUC 20.20.840 only if located within a structured parking area and not adjacent to any publicly accessible space.

(13)    Garden supplies excludes items such as large trees, rock and bulk supplies which require special handling equipment.

(14)    No unreasonable threat to human health and the environment shall be caused by flammable, dangerous or explosive materials associated with this use.

(15)    A recycling center is allowed as a subordinate use if it is consistent with LUC 20.20.725.

 

Resources – Downtown Districts 

STD LAND USE CODE REF

 

Downtown
Office District 1

Downtown
Office District 2

Downtown Mixed
Use District

Downtown
Residential
District

Downtown Old
Bellevue District

Downtown Office
and Limited
Business District

LAND USE CLASSIFICATION

DNTN
O-1

DNTN
O-2

DNTN
MU

DNTN
R

DNTN
OB

DNTN
OLB

8

Resource Production (Minerals, Plants, Animals Including Pets and Related Services)

 

 

 

 

 

 

81

Agriculture, Production of Food and Fiber Crops, Dairies, Livestock and Fowl, Excluding Hogs

 

 

 

 

 

 

 

Marijuana Production

 

 

 

 

 

 

8192

Other Horticultural Specialties: Medical Cannabis Collective Gardens (4)

 

 

 

 

 

 

821

Agricultural Processing

 

 

 

 

 

 

 

Marijuana Processing

 

 

 

 

 

 

8221

Veterinary Clinic and Hospital (1, 3)

P

P

P

P

P/A 2

P

8222

Poultry Hatcheries

 

 

 

 

 

 

83

Forestry, Tree Farms and Timber Production

 

 

 

 

 

 

8421

Fish Hatcheries

 

 

 

 

 

 

85

Mining, Quarrying (Including Sand and Gravel), Oil and Gas Extraction

 

 

 

 

 

 

Notes: Uses in Downtown land use districts – Resources

(1)    See LUC 20.20.130 for general requirements applicable to this use.

(2)    When the veterinary clinic and hospital occupies less than or equal to 2,000 square feet, the use is permitted outright. When the veterinary clinic and hospital occupies more than 2,000 square feet, an Administrative Conditional Use Permit is required.

(3)    Boarding and commercial kennels are permitted as a subordinate use to a veterinary clinic or hospital meeting the criteria of LUC 20.20.130.

(4)    Medical cannabis collective gardens are prohibited in Bellevue. (Ord. 6277, 3-7-16, § 3)

20.25A.020 Dimensional requirements – General.

A.    Dimensional Requirements in Downtown Districts.

1.    General. Paragraph A.2 of this section (Chart: Dimensional Requirements in Downtown Districts) sets forth the dimensional requirements for each land use district in the Downtown. Each structure, development, or activity in a Downtown Land Use District shall comply with these requirements except as otherwise provided in this section. These dimensions are different for property located in the Perimeter Design District. If your property is within 1,200 feet of the north, south, or west boundary of the Downtown, you may be in this district. See LUC 20.25A.090.

Chart 20.25A.020.A.2

Dimensional Requirements in Downtown Districts

Downtown Land Use District

Building Type (7)(14)

Minimum Setback

(3)    (9)

Maximum Building Floor Area per Floor Above 40′ (5)(9)(18)(24)

Maximum Building Floor Area per Floor Above 80′ (5)(18)(24)

Maximum Lot Coverage

Building Height

(6)

 

Floor Area
Ratio

Front (1)(15)

Rear (25)

Side (25)

Basic

Max.

Basic (10)

Max.

(8)

DNTN-O-1

Nonresidential

–Diminishing

Residential

Parking

0 (2)

 

0 (2)

0 (2)

0/20′

 

0/20′

0/20′

0/20′

 

0/20′

0/20′

24,000 gsf/f

30,000 gsf/f

20,000 gsf/f

20,000 gsf/f

24,000 gsf/f

24,000 gsf/f

12,000 gsf/f

20,000 gsf/f

100%

 

100%

100%

200′

 

200′

100′

300′

 

450′

100′

5.0

 

5.0

N/A

8.0

 

Unlimited

N/A

DNTN-O-2

Nonresidential

–Diminishing

Residential

Parking

0 (2)

 

0 (2)

0 (2)

0/20′

 

0/20′

0/20′

0/20′

 

0/20′

0/20′

24,000 gsf/f

30,000 gsf/f

20,000 gsf/f

20,000 gsf/f

24,000 gsf/f

24,000 gsf/f

12,000 gsf/f

20,000 gsf/f

100%

 

100%

100%

150′

 

150′

100′

250′

 

250′

100′

4.0

 

4.0

N/A

6.0

 

6.0

N/A

DNTN-MU (20)

Nonresidential

–Diminishing

Residential

Parking

0


0

0

0/20′


0/20′

0

0/20′


0/20′

0

22,000 gsf/f

    30,000 gsf/f
    (23)

20,000 gsf/f

20,000 gsf/f

20,000 gsf/f

22,000 gsf/f

12,000 gsf/f (21)

N/A

100%


100%

75%

60′


150′

60′

100′


200′

60′

0.5


2.0

N/A

3.0


5.0

N/A

DNTN-R (20)

Nonresidential

Residential

Parking

0

0

0

0

0/20′

0

0

0/20′

0

20,000 gsf/f

20,000 gsf/f

N/A

12,000 gsf/f

12,000 gsf/f

N/A

75%

100%

N/A

60′

150′

40′

65′

200′

40′

0.5

2.0

N/A

0.5

5.0

N/A

DNTN-OB (20)

Nonresidential

Residential

Parking

0 (4)

0 (4)

0

0/20′

0/20′

0

0/20′

0/20′

0

20,000 gsf/f

20,000 gsf/f

N/A

12,000 gsf/f

12,000 gsf/f

N/A

100%

100%

75%

60′

150′

40′

100′

200′

40′

0.5

2.0

N/A

1.0

5.0

N/A

DNTN-OLB

Nonresidential

–Diminishing

Residential

Parking

20′ (19)


20′ (19)

20′ (19)

20′ (19)


20′ (19)

20′ (19)

0/20′


0/20′

0

22,000 gsf/f

    30,000 gsf/f
    (23)

20,000 gsf/f

20,000 gsf/f

N/A

N/A

12,000 gsf/f

N/A

60%


75%

75%

75′


75′

45′

75′


90′

45′

0.5


2.0

N/A

3.0


3.0

N/A

20.25A.020

gsf/f = Gross Square Feet Per Floor (24)

Notes: Dimensional requirements in Downtown Districts

(1)    Measured from inside edge of the required perimeter sidewalk. If existing utilities which cannot reasonably be relocated require the planting of street trees on the property side of a sidewalk as provided for in LUC 20.25A.060, four feet is added to the required setback.

(2)    No parking or vehicle access lane is permitted between the required perimeter sidewalk and the main pedestrian entrance to the building.

(3)    Minimum setbacks are subject to required landscape development. See LUC 20.25A.040.

(4)    The maximum setback from Main Street in the Downtown-OB District is 0 feet.

(5)    For floors above 40 feet, gross square feet per floor may be averaged unless an applicant takes advantage of the diminishing floor plates alternative described in subsection B of this section.

(6)    The maximum building height may only be achieved by participation in the FAR Amenity Incentive System, LUC 20.25A.030.

(7)    A single building is considered residential if more than 50 percent of the gross floor area is devoted to residential uses. See LUC 20.50.020 for the definition of “gross floor area.”

(8)    The maximum permitted FAR may only be achieved by participation in the FAR Amenity Incentive System, LUC 20.25A.030. Where residential and nonresidential uses occur in the same building, the FAR is limited to the maximum FAR for the building type as determined in accordance with Note (7).

(9)    See subsection B of this section for exceptions to the minimum setback and maximum building floor area per floor above 40 feet requirements.

(10)    All new development and all substantial remodels must participate in the FAR Amenity Incentive System. See subsection C of this section for amenity requirements regarding the provision of basic floor area.

(11)    Intentionally deleted.

(12)    Intentionally deleted.

(13)    Intentionally deleted.

(14)    Except as set forth in Note (18), hotels and motels shall be considered as residential structures.

(15)    If the subject property abuts a street classified pursuant to LUC 20.25A.115, Design Guidelines – Building/Sidewalk Relationships, the maximum setback is 0 feet unless otherwise approved by the Director.

(16)    Intentionally deleted.

(17)    Intentionally deleted.

(18)    For the purposes of determining Maximum Building Floor Area per Floor, including the averaging and diminishing floor plate methods described in Note (5) and subsection B of this section, hotels and motels shall be considered as nonresidential structures.

(19)    No parking or vehicle access lane is permitted between the sidewalk on 112th Avenue NE and the main pedestrian entrance to the building, except that a drop-off lane may be permitted for a hotel or motel entrance. The maximum setback from 112th Avenue NE is 30 feet, unless a greater setback is approved by the Director of the Development Services Department to permit a drop-off lane. See paragraph B.2 of this section for exceptions to setback requirements.

(20)    Some dimensions are different for properties located in the Perimeter Design District. For property within 1,200 feet of the north, south or west boundary of the Downtown, see LUC 20.25A.090 for the Perimeter Design District requirements.

(21)    Applicable only to building floors above 100 feet in height.

(22)    See LUC 20.25A.020.B.1.d for diminishing floor plate provisions.

(23)    Not applicable to Perimeter Design Subdistricts A and B.

(24)    Gross Square Feet Per Floor (gsf/f) refers to the floor area in square feet within the surrounding exterior walls measured from the interior wall surface and including openings in the floor plate such as vent shafts, stairwells, and interior atriums.

(25)    Where building height exceeds 75 feet, there shall be a minimum side setback of 20 feet and a minimum rear setback of 20 feet from any interior property line applicable to all floors above 40 feet. See subsection B of this section for exceptions to this minimum setback requirement.

B.    Exceptions to Dimensional Requirements.

1.    Floor Plate Exceptions.

a.    For residential buildings, the “Maximum Floor Area per Floor above 40 Feet” may be increased by not more than 10 percent through Design Review, Part 20.30F LUC, if the applicant demonstrates that the increase is necessary for reasonable development of the building, and will not have a significant adverse effect on other properties. Each square foot of floor area above the maximum requires a proportionate square footage of amenity in conformance with LUC 20.25A.030.C; however, the amenity area provided under this requirement may not be used to exceed the basic floor area ratio.

b.    For buildings on streets designated “A” or “B” in LUC 20.25A.115, Design Guidelines – Building/Sidewalk Relationships, the limitation of “Maximum Building Floor Area per Floor Above 40 Feet” may be modified through Design Review to apply to floor area above 45 feet. In this case, the applicant must demonstrate that the modification is necessary for creating higher, more prominent and distinctive ground-level pedestrian-oriented frontage; and the minimum retail floor height shall be 16 feet.

c.    For structures that do not exceed 70 feet in height (as defined by the International Building Code, as adopted and amended by the City of Bellevue), the Director may allow the connection of floor plates above 40 feet such that those floor plates exceed the “Maximum Building Floor Area per Floor Above 40 Feet”; provided, that:

i.    The connection is to allow for safe and efficient building exiting patterns. The connecting floor area shall include required exiting corridor area and may include the floor area of units or other building uses;

ii.    The connection occurs on no more than three floor levels above 40 feet; and

iii.    The alternative design results in a building mass that features separate and distinct building elements.

d.    Diminishing Floor Plate. A nonresidential building in the Downtown O-1, Downtown O-2, Downtown MU, and Downtown OLB Land Use Districts can exceed the “Maximum Building Floor Area per Floor Above 40 Feet,” to a maximum of 30,000 square feet, if the building incorporates two floor plates which are each at least 20 percent smaller than the floor plate of the floor below it. If only one floor of a nonresidential building exceeds the “Maximum Building Floor Area per Floor Above 40 Feet,” the building must incorporate one floor plate which is at least 20 percent smaller than the floor plate of the floor below it. Exposed roof area at the level of the diminished floor must have some amount of landscaping and be physically accessible for use; or, if not a flat surface, must provide a visually interesting roof form.

e.    Performing Arts Centers may have unlimited floor area per floor up to 100 feet in height, measured from average finished grade, provided that:

i.    The proposal site abuts 106th Ave NE, between the south side of NE 10th Street and the north side of NE 2nd Street, and where feasible, an entrance is provided on 106th Avenue NE; and

ii.    The floor plate exception applies only to that portion of the building which contains the performing arts use and subordinate uses do not exceed 25 percent of the total area; and

iii.    The ground floor design is consistent with the Building/Sidewalk Design Guidelines for “A” rights-of-way, excluding the arcade provision; and

iv.    The exception from the floor plate limitation is the minimum necessary to accommodate the performing arts center use, or equipment functionality related to that use.

2.    Setback/Stepback Exceptions.

a.    Marquees or awnings which comply with the requirements of LUC 20.25A.030.C are permitted to extend over the public right-of-way upon approval of the Director of the Transportation Department and the Director of the Development Services Department notwithstanding the provisions of the Sign Code, Chapter 22B.10 BCC, or any other City Code.

b.    The Director of the Development Services Department may approve an intrusion into the 20-foot front yard setback from the east side of 112th Avenue NE in the Downtown-OLB District to permit the location of pedestrian-oriented frontage retail uses within a portion of the required setback area. The intrusion shall be limited to a maximum of 30 percent of the required front yard setback area. All building areas within the setback areas shall be devoted to pedestrian-oriented uses and meet the design criteria of LUC 20.25A.030 for pedestrian-oriented frontage. Amenity floor area earned may be used to exceed the permitted basic floor area ratio.

c.    The Director may allow modifications to the minimum side and rear setback required above 40 feet for buildings with a building height in excess of 75 feet if:

i.    The applicant can demonstrate that the resulting design will be more consistent with the Design Review criteria of LUC 20.25A.110; and

ii.    The building design, with the modification, will create sufficient spacing between towers to encourage a feeling of an open and airy downtown.

d.    Minor building elements may intrude into any required setback of this section, subject to all the terms and conditions of LUC 20.20.025.C.

e.    The Director may allow modifications to the setback requirements above 40 feet for performing arts centers meeting the locational requirements of subsection B.1.e.i of this section if:

i.    The applicant can demonstrate that the resulting design will be more consistent with the Design Review criteria of LUC 20.25A.110; and

ii.    Interesting roof forms, significant floor plate modulation, significant façade modulation, or other such unique architectural features are provided to minimize impacts to abutting structures.

3.    Floor Area Ratio Exceptions.

a.    Up to a maximum of 1.0 FAR of the floor area in a project limit that is devoted to retail activities will not be counted for the purpose of calculating FAR in the proportions set forth in LUC 20.25A.115, so long as the retail activities are designed and located in compliance with:

i.    LUC 20.25A.115;

ii.    Guidelines 2 and 3 for “A” Rights-of-Way in Section IV.F of the Design Guidelines –Building/Sidewalk Relationships; and

iii.    If applicable, Guidelines and Standards for Upper Level Retail in Section IV.F of the Design Guidelines – Building/Sidewalk Relationships.

b.    In the area of the Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street, the maximum Floor Area Ratio may be exceeded if the major pedestrian corridor is constructed as required by LUC 20.25A.100.E.1, or the major public open space is constructed as required by LUC 20.25A.100.E.4. The maximum Floor Area Ratio may only be exceeded by the amount provided for under the major pedestrian corridor amenity bonus, LUC 20.25A.030.C.16 or by the amount provided for under the major public open space amenity bonus, LUC 20.25A.100.E.4.d.vi, or by a combination thereof.

4.    Height Exceptions.

a.    The maximum height identified in subsection A of this section may be increased by no more than 15 percent or 15 feet, whichever is greater, and only if the applicant can demonstrate that the additional height accommodates architecturally integrated mechanical equipment, interesting roof forms, significant floor plate modulation, significant facade modulation, or other such unique architectural features, and that the resulting design exceeds the quality and design requirements of LUC 20.25A.110.

b.    In the area of the Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street, the maximum height identified in LUC 20.25A.020.A may be exceeded if the major pedestrian corridor is constructed as required by LUC 20.25A.100.E.1, or if the major public open space is constructed as required by LUC 20.25A.100.E.4. The maximum height may only be exceeded by the amount required to accommodate the additional Floor Area Ratio provided under LUC 20.25A.030.C.16 or to accommodate the additional Floor Area Ratio provided under LUC 20.25A.100.E.4.d, or a combination thereof. Heights may be exceeded under this provision only to the extent depicted on the map entitled “Heights in Core Design District” in LUC 20.25A.030.E.

c.    Except within the Perimeter Design District, the maximum building height can be exceeded if right-of-way is dedicated as provided by subsection D of this section but only to the extent of the floor area earned as a result of the dedication. This provision does not preclude the applicability of subsection B.4.a of this section but in no event may the combined effect of applying that subsection and this subsection be to increase the building height over the maximum building height set forth in subsection A.2 of this section by more than 10 percent or 15 feet, whichever is greater.

5.    Lot Coverage Exceptions.

a.    Underground buildings as defined in LUC 20.50.050 are not structures for the purpose of calculating lot coverage.

b.    Buildings constructed partially below grade and not higher than 30 inches above average finished grade are not structures for the purpose of calculating lot coverage; provided, that the rooftop of the building shall be landscaped consistent with the planting requirements for the specific use that is proposed for the building roof area and for the land use district in which the use is located, or shall be developed with pedestrian improvements, such as plazas and walkways, as approved by the Director. All landscaping shall comply with standards set forth in LUC 20.20.520. The provisions of LUC 20.20.520.J (Alternative Landscaping Option) are applicable.

C.    Basic Floor Area Ratio Requirements.

1.    General. Each new residential, nonresidential, and mixed use building and each remodel which expands the floor area of an existing residential, nonresidential, or mixed use building by more than 50 percent within any three-year period shall provide one or more amenities from the following list:

a.    Pedestrian-oriented frontage;

b.    Landscape feature;

c.    Arcade;

d.    Marquee;

e.    Awning;

f.    Sculpture;

g.    Water feature;

h.    Active recreation area (Downtown-R only);

i.    Retail food (Downtown-R only);

j.    Child care services (Downtown-R only);

k.    Plaza (only applicable to: 1) nonresidential buildings on rights-of-way designated as “D/R” Streets in Design Guidelines – Building/Sidewalk Relationships adopted by LUC 20.25A.115; or 2) Downtown-OLB if located between the sidewalk on the east side of 112th Avenue NE and the building);

l.    Residential entry courtyard (only applicable to residential buildings on rights-of-way that are either not designated or are designated as “D/R” Streets in Design Guidelines – Building/Sidewalk Relationships adopted by reference in LUC 20.25A.115).

Except for active recreation and child care services, the above amenities shall be located on ground level and oriented to a public right-of-way.

In multibuilding developments within a single project limit, amenities may be allocated among all buildings within the project limit; provided, that such allocation must be approved by the Director. If construction of the multi-building development is to be phased, no phase may depend on the future construction of amenities.

2.    Amount of Amenity Required. The amount of bonus floor area in square feet generated by the amenity(s) provided to meet the Basic Floor Area Ratio (FAR) requirement must at a minimum be equal to 20 percent of the Project Limit area in square feet times the Basic FAR permitted for a nonresidential building in the land use district:

Basic FAR Requirement in square feet = 0.20 x Project Limit area in square feet x Basic Nonresidential FAR

For purposes of this paragraph, project limit, as defined in LUC 20.50.040, shall be the land area used in the computation of the Basic Floor Area Ratio requirement, and the Basic Floor Area Ratio calculation is made regardless of any transferred floor area.

3.    Required Review. The Director of the Development Services Department may approve an amenity proposed by the applicant only if:

a.    The design criteria established in LUC 20.25A.030.C for the amenity have been met; and

b.    Public benefit will be derived from the development of the proposed amenity in the proposed location.

4.    Amenity Incentive System Credit. Amenities provided as required by this subsection C may also be used to exceed the basic floor area ratio through the Amenity Incentive System, LUC 20.25A.030.

D.     Floor Area Ratio Computation – Right-of-Way Designation.

1.    General. Land which is dedicated to the City of Bellevue for right-of-way or to accommodate the linear alignment of an RLRT system without compensation to the owner in conformance with subsection D.2 of this section is included in land area for the purpose of computing maximum FAR notwithstanding LUC 20.50.020, floor area ratio (FAR).

2.    Special Dedications.

a.    A property owner may make a special dedication by conveying land identified for right-of-way or linear alignment of an RLRT system acquisition in a Transportation Facilities Plan of the Comprehensive Plan, the Transportation Facilities Plan adopted by the City Council or the Capital Investment Program Plan to the City of Bellevue by an instrument approved by the City Attorney.

b.    A property owner may also make a special dedication by conveying land identified by the Director of Transportation as necessary for safety or operational improvement projects.

3.    Recording Requirements. The Director of the Development Services Department must record the amount (square footage) of floor area earned by area dedicated in conformance with subsection D.2 of this section and the increase in maximum building height acquired in conformance with subsection B.4.c of this section with the King County Recorder’s Office or its successor agency. (Ord. 6102, 2-27-13, § 2; Ord. 5990, 2-7-11, §§ 1, 2; Ord. 5717, 2-20-07, §§ 5, 6; Ord. 5582, 2-7-05, §§ 1, 2; Ord. 5571, 12-6-04, § 7; Ord. 5497, 11-17-03, §§ 1, 2, 3; Ord. 5480, 10-20-03, § 12; Ord. 5372, 6-3-02, §§ 1, 2; Ord. 5351, 1-7-02, § 1; Ord. 5100, 10-19-98, § 6; Ord. 5091, 8-3-98, §§ 2 – 5; Ord. 5050, 1-20-98, §§ 1 – 3; Ord. 4979, 3-17-97, § 9; Ord. 4973, 3-3-97, § 102; Ord. 4884, 6-17-96, § 1; Ord. 4816, 12-4-95, § 202; Ord. 4268, 7-1-91, § 1; Ord. 4235, 4-1-91, § 1; Ord. 4117, 1-16-90, § 2; Ord. 3901B, 5-16-88, § 1; Ord. 3813, 7-20-87, § 4; Ord. 3766, 3-23-87, §§ 1, 2; Ord. 3747, 1-20-87, § 6; Ord. 3653, 5-

19-86, §§ 2, 3; Ord. 3553, 10-7-85, § 3; Ord. 3530, 8-12-85, §§ 37, 38; Ord. 3498, 5-27-85, §§ 44, 45)

20.25A.025 Nonconforming uses, structures and sites.

A.    Nonconforming Uses.

1.    A nonconforming use may be continued by successive owners or tenants, except where the use has been abandoned. No change to a different use classification shall be made unless that change conforms to the regulations of this Code.

2.    If a nonconforming use of a structure or land is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the regulations of the district in which it is located. Discontinuance of a nonconforming use for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.

3.    A nonconforming use may be expanded only pursuant to an Administrative Conditional Use Permit if the expansion is not more than 20 percent or 20,000 square feet, whichever is less, or by a Conditional Use Permit if the expansion is over 20 percent or 20,000 square feet.

B.    Nonconforming Structures.

1.    A nonconforming structure may be repaired or remodeled, provided there is no expansion of the building, and provided further, that the remodel or repair will not increase the existing nonconforming condition of the structure.

2.    A nonconforming structure may be expanded; provided, that the expansion conforms to the provision of the Land Use Code, except that the requirements of LUC 20.25A.115, Design Guidelines – Building/Sidewalk Relationships, shall be applied as described in paragraphs B.3 and B.4 of this section.

3.    For expansions made within any three-year period which together do not exceed 50 percent of the floor area of the previously existing structure, the following shall apply:

a.    Where the property abuts a street classified as a ‘D’ or ‘E’ right-of-way, the expansion is not required to comply with LUC 20.25A.115; and

b.    Where the property abuts a street classified as an ‘A’, ‘B’ or ‘C’ right-of-way the expansion shall be in the direction of the classified street so as to reduce the nonconformity of the structure, except that an expansion which is no greater than 300 square feet in area and which is for the purpose of loading or storage is exempted from this requirement.

4.    For expansions made within any three-year period which together exceed 50 percent of the floor area of the previously existing structure, the structure shall be brought into conformance with LUC 20.25A.115.

5.    If a nonconforming structure is destroyed by fire, explosion, or other unforeseen circumstances to the extent of 75 percent or less of its replacement value as determined by the Director for the year of its destruction, it may be reconstructed consistent with its previous nonconformity. If such a structure is destroyed to the extent of greater than 75 percent of its replacement value, then any structure erected and any related site development shall conform to the regulations of this Code.

C.    Nonconforming Sites.

1.    A nonconforming site may not be changed unless the change conforms to the requirements of this Code, except that parking lots may be reconfigured within the existing paved surface. This paragraph shall not be construed to allow any parking lot reconfiguration that would result in a parking supply that does not conform to the minimum/maximum parking requirements for the Downtown, LUC 20.25A.050.

2.    A structure located on a nonconforming site may be repaired or remodeled, provided there is no expansion of the building, and provided further, that the remodel or repair will not increase the existing nonconforming condition of the site.

3.    Expansions of a structure located on a nonconforming site, made within any three-year period which together do not exceed 50 percent of the previously existing floor area, do not require any increase in conformance with the site development provisions of this Code, except as otherwise provided in paragraph B.3. of this section.

4.    Expansion of a structure located on a nonconforming site made within any three-year period which together exceed 50 percent of the floor area of the previously existing structure shall require compliance with the site development provisions of this Code.

5.    For expansions of a structure on a nonconforming site made within any three-year period which together exceed 20 percent of the replacement value of the previously existing structure:

a.    Easements for public sidewalks shall be provided, unless the Director of the Department of Transportation determines such easements are not needed; and

b.    A six-foot-wide walkway shall be provided from the public sidewalk or street right-of-way to the main building entrance, unless the Director of the Development Services Department determines the walkway is not needed to provide safe pedestrian access to the building. (Ord. 5480, 10-20-03, § 13; Ord. 5091, 8-3-98, §§ 6, 7; Ord. 4973, 3-3-97, § 103; Ord. 4816, 12-4-95, § 203)

20.25A.030 FAR amenity incentive system.

A.    General.

A building may exceed the basic floor area ratio permitted for development within a Downtown Land Use District only if it complies with the requirements of this section. In no case may the building exceed the maximum floor area ratio permitted for the district, and each unit of measurement (square feet, linear feet, etc.) may only be used to gain one floor area ratio bonus, except where specifically provided otherwise.

B.    Required Review.

The Director of the Development Services Department may approve an amenity which complies with subsection C of this section if:

1.    The design criteria established for the amenity have been met; and

2.    A public benefit will be derived from the development of the proposed amenity in the proposed location.

C.    Specific Requirements.

For purposes of applying the FAR Amenity Incentive System, the “City Center District” shall mean that area of the Downtown bounded by 100th Avenue NE, 112th Avenue NE, NE 4th Street and NE 8th Street.

For purposes of applying the Amenity Incentive System, a level shall be considered the ground level so long as less than half of that ground level story height is located above or below the average finished grade of the adjacent public right-of-way or pedestrian connection. The two stories immediately above the ground level story and intended to activate the ground level pedestrian environment through demonstrated compliance with LUC 20.25A.115, Design Guidelines – Building/Sidewalk Relationships, shall be considered an upper level.

Participation in the FAR Amenity Incentive System must comply with the following chart:

FAR AMENITY STANDARDS

DOWNTOWN LAND USE DISTRICT

 

AMENITY1

DNTN-O-1

DNTN-O-2

DNTN-MU

DNTN-R

DNTN-OB

DNTN-OLB

DESIGN CRITERIA

1.    PEDESTRIAN-ORIENTED FRONTAGE*

    Building frontage devoted to uses which stimulate pedestrian activity. Uses must abut a perimeter sidewalk, a plaza, an arcade, a mid-block retail connection, or be located on an upper level. Uses which compose pedestrian-oriented frontage include, but are not limited to, specialty retail stores, groceries, drug stores, shoe repair shops, cleaning establishments, floral shops, beauty shops, barber shops, department stores, hardware stores, apparel shops, art galleries, travel agencies, restaurants and theaters. Banks and financial institutions are not pedestrian-oriented uses.

When located on the ground level or at the upper level within the City Center District:

1.    Pedestrian-oriented frontage must comply with:

a.    LUC 20.25A.115;

b.    Guidelines 2 and 3 for “A” Rights-of-Way in Section IV.F of the Design Guidelines – Building/ Sidewalk Relationships; and

c.    If applicable, Guidelines and Standards for Upper Level Retail in Section IV.F of the Design Guidelines – Building/Sidewalk Relationships.

200:1

150:1

100:1

100:1

200:1

100:1

When located at the upper level outside of the City Center District:

100:1

75:1

50:1

50:1

100:1

50:1

*Measured as square feet of permitted development for each qualifying linear foot of frontage.

2.     PLAZA

    A continuous open space, which is readily accessible to the public at all times, predominantly open above, and designed specifically for use by people as opposed to serving as a setting for a building.

When located on the ground level or at the upper level within the City Center District:

1.    Must abut and be within 3′ in elevation of a perimeter sidewalk or pedestrian connection so as to be visually and physically accessible.

2.    Must provide protection from adverse wind, wherever practical.

3.    At least 10% of the plaza surface area must be landscaped.

4.    Must provide at least one sitting space for each 100 sq. ft. of plaza.

5.    Must be enclosed on at least two sides by a structure or by landscaping which creates a wall effect.

6.    Minimum size is 500 sq. ft. in OB; 1,000 sq. ft. in other land use districts.

7.    Maximum size of bonusable plaza square footage is 1,500 sq. ft. in OB; 5,000 sq. ft. in other land use districts.

8.    Minimum horizontal dimension is 20 ft.

9.    Must provide opportunities for penetration of sunlight.

10.    May not be used for parking, loading or vehicular access.

8:1

8:1

6:1

4:1

6:1

6:1

When located at the upper level outside of the City Center District:

4:1

4:1

3:1

2:1

3:1

3:1

 

 

 

 

 

 

 

11.    Must provide directional signage that identifies circulation routes for all users and informs the public that the space is accessible to the public at all times. The signage must be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this provision and achieves the design objectives for the building and the site may propose an alternative that is consistent with this provision and achieves the design objectives for the building and the site.

3.    LANDSCAPE FEATURE

    A continuous open space located at or near grade whose principal feature is an unusual and pleasing landscape form. The purpose is to serve as a focal point and a visual landmark, rather than as a specific location for pedestrian activity.

When located on the ground level or at the upper level within the City Center District:

1.    Must abut the intersection of and be visually accessible from two public rights-of-way or perimeter sidewalks in order to receive the full bonus available.

2.    One-half of the available bonus will be awarded if the landscape feature abuts and is visually accessible from a right-of-way, perimeter sidewalk or pedestrian connection but is not located at an intersection.

3.    Maximum area is 1,000 sq. ft. in DNTN-O-1, DNTN-O-2, DNTN-MU and DNTN-OLB and 500 sq. ft. in DNTN-OB. No bonus is awarded if the landscape feature exceeds the maximum size.

8:1
But see Design Criterion #1 & 2

8:1
But see Design Criterion #1 & 2

8:1
But see Design Criterion #1 & 2

8:1
But see Design Criterion #1 & 2

8:1
But see Design Criterion #1 & 2

8:1
But see Design Criterion #1 & 2

When located at the upper level outside of the City Center District:

4:1
But see Design Criterion #1 & 2

4:1
But see Design Criterion #1 & 2

4:1
But see Design Criterion #1 & 2

4:1
But see Design Criterion #1 & 2

4:1
But see Design Criterion #1 & 2

4:1
But see Design Criterion #1 & 2

4.    ENCLOSED PLAZA
A publicly accessible, continuous open space located within a building and covered to provide overhead weather protection while admitting substantial amounts of natural daylight (atrium or galleria).

When located on the ground level or at the upper level within the City Center District:

1.    Must be accessible to the public at least during normal business hours.

2.    Must be readily accessible from a perimeter sidewalk or pedestrian connection.

3.    Must be signed to identify the enclosed plaza as available for public use.

4.    At least 5% of the area must be landscaped.

5.    Must provide at least one sitting space for each 100 sq. ft. of area.

6.    Must be coordinated with pedestrian-oriented frontage to the maximum extent possible.

7.    Minimum horizontal dimension is 20′.

8.    Minimum area is 750 sq. ft.

10:1

10:1

4:1

2:1

8:1

2:1

When located at the upper level outside of the City Center District:

5:1

5:1

2:1

1:1

4:1

1:1

5.    ARCADE
A continuously covered area which functions as a weather-protected extension of the publicly accessible space which it abuts.

When located on the ground level or at the upper level within the City Center District:

1.    At least 50% of the linear frontage must be developed as pedestrian-oriented frontage which complies with the design criteria of this section. This pedestrian-oriented frontage may be counted separately to gain floor area ratio exceeding the basic FAR through the Amenity Incentive System.

2.    Pavement below must be constructed to provide for drainage.

3.    When adjacent to a perimeter sidewalk, design must provide opportunity for connection to adjacent development across property lines.

4.    Must have a horizontal rather than sloping orientation across the building facade.

5.    Must present a coordinated design along its entire route.

6.    Must be accessible to pedestrians at all times.

7.    Minimum height is 8′ above finished grade, or 8′ above the upper level walk. No bonus is awarded if the maximum height is exceeded.

8:1

6:1

4:1

6:1

8:1

4:1

When located at the upper level outside of the City Center District:

4:1

3:1

2:1

3:1

4:1

2:1

6.    MARQUEE*
A permanent overhead canopy projecting from the elevation of a building, and designed to provide continuous overhead weather protection to the area underneath.

When located on the ground level or at the upper level within the City Center District:

1.    Must be developed over a perimeter sidewalk or pedestrian connection.

2.    Pavement below must be constructed to provide for drainage.

3.    Must have a horizontal rather than sloping orientation along the building elevation.

4.    Design must be coordinated with building design.

5.    Minimum height is 8′ above finished grade, or 8′ above the upper level walk except as otherwise required in the International Building Code, as adopted and amended by the City of Bellevue.

6.    Maximum height is 12′ above finished grade or 12′ above the upper level walk. No bonus is awarded if the marquee exceeds the maximum height.

7.    To ensure daylight penetration the ratio of the marquee’s projection from the building to its height above finished grade may not exceed 3:4.

4:1

3:1

2:1

2:1

2:1

2:1

When located at the upper level outside of the City Center District:

2:1

1.5:1

1:1

1:1

1:1

1:1

*See LUC 20.25A.020.B for setback exception.

7.    AWNING*
A rooflike structure of fabric stretched over a rigid frame projecting from the elevation of a building designed to provide continuous overhead weather protection.

When located on the ground level or at the upper level within the City Center District:

1.    Must be developed over a perimeter sidewalk or pedestrian connection.

2.    Pavement below must be constructed to provide for drainage.

3.    Must have a horizontal rather than sloping orientation along the building elevation.

4.    Design must be coordinated with building design.

5.    Minimum height is 8′ above finished grade or 8′ above the upper level walk.

6.    Maximum height is 12′ above finished grade or 12′ above the upper level walk. No bonus is awarded if the awning exceeds the maximum height.

7.    To ensure daylight penetration, the ratio of the awning’s projection from the building to its height above finished grade may not exceed 3:4.

1:1

0.75:1

0.5:1

1:1

0.5:1

0.5:1

When located at the upper level outside of the City Center District:

0.5:1

0.375:1

0.25:1

0.5:1

0.25:1

0.25:1

*See LUC 20.25A.020.B for setback exception.

8.    LANDSCAPE AREA
An outdoor landscaped area providing visually or physically accessible space for tenants of the development of which it is a part.

2:1

2:1

1:1

1:1

1:1

1:1

1.    This area must be in addition to any landscape development required by the Land Use Code.

2.    May not be used for parking or storage.

3.    May be located at grade or on top of a structure.

4.    At least 30% of the area must be planted with evergreen plant materials.

9.    ACTIVE RECREATION AREA
An area which provides active recreational facilities for tenants of the development of which it is a part.

3:1

3:1

1:1

1:1

1:1

1:1

1.    May not be used for parking or storage.

2.    May be located out of doors, on top of, or within a structure.

3.    Recreational facilities include, but are not limited to, racquet ball or handball courts or health clubs.

10.    RESIDENTIAL USES*

4:1

4:1

2:1**

N/A

2:1

N/A

    Area devoted to service cores and community facilities may be used to obtain bonus floor area. No area devoted to parking or circulation may be used for this purpose.

*Excludes Hotels and Motels.

**See LUC 20.25A.090.E.7 for special bonus provisions for Perimeter Design District Subdistrict C.

11.    UNDERGROUND PARKING

0.5:1

0.5:1

0.5:1

3:1

2:1

1:1

1.    The amenity bonus applies only to that structure or portion of a structure located below the average finished grade around a building.

2.    Must be covered by a structure or developed open space.

12.    ABOVE GRADE PARKING LOCATED UNDER PRINCIPAL USE RESIDENTIAL STRUCTURE*

1:1

1:1

4:1

4:1

3:1

N/A

1.    Parking must be enclosed.

2.    Exterior surface must be the same material as used on the principal use building.

*Parking qualifying for this bonus must serve a residential use. It must be located under a structure which contains a residential use, and all bonus floor area must be devoted to residential use.

13.    PUBLIC MEETING ROOMS

2:1

2:1

2:1

2:1

N/A

2:1

1.    May include fixed seat auditorium or multipurpose meeting rooms.

2.    Must be available for public use, but may operate under a reservation or nominal fee system.

3.    Must provide seating for at least 50 persons.

14.    SCULPTURE*
Any form of sculpture or other artwork located outside of the building.

5:1

5:1

5:1

5:1

5:1

5:1

    Must be displayed near the main pedestrian entrance to a building.

*Measured in units of $100.00 of appraised value.

15.    WATER FEATURE*
A fountain, cascade, stream water, sculpture or reflection pond. The purpose is to serve as a focal point for pedestrian activity.

When located on the ground level or at the upper level within the City Center District:

1.    Must be located outside of the building, and be publicly visible and accessible at the main pedestrian entrance to a building, or along a perimeter sidewalk or pedestrian connection.

2.    Water must be maintained in a clean and noncontaminated condition.

3.    Water must be in motion during daylight hours.

8:1

8:1

8:1

8:1

8:1

8:1

When located at the upper level outside of the City Center District:

4:1

4:1

4:1

4:1

4:1

4:1

*Measured in units of $100.00 of appraised value, or actual construction cost, whichever is greater.

16.    MAJOR PEDESTRIAN CORRIDOR
The major pedestrian corridor located on or in the immediate vicinity of NE 6th Street between 102nd Avenue and 112th Avenue NE.

16:1*

N/A

16:1*

N/A

N/A

N/A

    Must comply with the requirements of LUC 20.25A.100.E.1.

*Bonus floor area may be achieved through the provision of this amenity only in conjunction with a permit to construct the Major Pedestrian Corridor in accordance with LUC 20.25A.100.E.1.

17.    CHILD CARE SERVICES*
A use providing regular care and training for children, generally for less than 24 hours outside of the immediate family or kindergarten through 12th grade education system.

8:1

8:1

8:1**

8:1

8:1

8:1

1.    Must comply with the requirements of LUC 20.20.170.

2.    Floor area for this amenity may also be counted as pedestrian-oriented frontage if the criteria of LUC 20.25A.030.C.1 are met.

*Floor area may be excluded from calculation of maximum floor area ratio.

**See LUC 20.25A.090.E.7 for special bonus provisions for Perimeter Design District Subdistrict C.

18.    RETAIL FOOD*
A self-service retail enterprise which sells food, beverages and household goods for consumption off the premises.

N/A

N/A

2:1

2:1

N/A

N/A

1.    Maximum bonusable area is 30,000 sq. ft., except in Perimeter Design District Subdistrict C, when no limit applies.

2.    Floor area for this amenity may also be counted as pedestrian-oriented frontage if the criteria of LUC 20.25A.030.C.1 are met.

*Floor area may be excluded from calculation of maximum floor area ratio.

19.    PUBLIC RESTROOMS*
A room or rooms containing toilets and lavatories for the use of the general public, with only limited control for purposes of personal safety.

When located on the ground level or at the upper level within the City Center District:

1.    Shall be located on the ground level of the building, or on the upper level if accessible from retail activities meeting the requirements of LUC 20.25A.030.C.1.

2.    Shall be open for use by the public during normal business hours, although access may be monitored by a person located at the restroom facility.

3.    Shall be handicapped accessible.

4.    Shall be signed to identify its location.

8:1

8:1

4:1

4:1

4:1

4:1

When located at the upper level outside of the City Center District:

4:1

4:1

2:1

2:1

2:1

2:1

*Floor area may be excluded from calculation of maximum floor area ratio.

20.    PERFORMING ARTS SPACE*
Space containing fixed seating for public assembly for the purpose of entertainment or cultural events (live performances only).

10:1

10:1

10:1

N/A

N/A

N/A

    This bonus shall apply only to performing arts spaces that are less than 10,000 sq. ft.

*Floor area may be excluded from calculation of maximum floor area ratio.

21.    SPACE FOR NON-PROFIT SOCIAL SERVICES*
Space which is made available, rent free, to charitable and social service organizations which provide emergency assistance, health services, referral services, or other specialized social services directly to the public.

4:1

4:1

4:1

4:1

4:1

4:1

1.    Such space shall principally provide outreach functions, rather than administrative functions.

2.    Maximum bonusable area is 5,000 sq. ft.

3.    Bonus floor area for this amenity may also be counted as pedestrian-oriented frontage if the criteria of LUC 20.25A.030.C.1 are met.

*Floor area may be excluded from calculation of maximum floor area ratio.

22.    DONATION OF PARK PROPERTY
Property which is donated to the City, with no restriction, for park purposes.

8:1

6:1

4:1

5:1

5:1

3:1

1.    The need for such property in the location proposed must be consistent with City-adopted policies and plans.

2.    The minimum size of a donated park parcel is 10,000 sq. ft.

3.    Donated park parcels need not be contiguous with the site for which development is proposed.

23.    RESIDENTIAL ENTRY COURTYARD
A continuous open space enclosed on at least two sides, predominantly open above, for use by residents of a residential building and visually accessible to passersby on the adjoining right-of-way.

N/A

N/A

4:1

4:1

N/A

N/A

1.    Must abut and be within 3′ in elevation of a public street or perimeter sidewalk so as to be visually accessible. All bonusable surface area must be visible from the perimeter sidewalk along adjacent public streets.

2.    Minimum size is 750 sq. ft., with a minimum horizontal dimension of 20′ adjacent to the sidewalk along the public street frontage.

3.    Must provide protection from adverse wind, wherever practical.

4.    At least 20% of the bonusable surface area must be landscaped.

5.    Must be enclosed on at least two sides by a structure or by landscaping which creates a wall effect.

6.    Must provide opportunities for penetration of sunlight.

7.    May not be used for parking, loading, or vehicular access.

8.    The maximum bonusable area is 1,500 sq. ft. per courtyard.

1    Measured as square feet of permitted development for each qualifying developed square foot of amenity unless otherwise noted.

D.    Recording.

The total amount of bonus floor area earned through the Amenity Incentive System for a project, and the amount of bonus floor area to be utilized on-site for that project must be recorded with the King County Division of Records and Elections, and with the Bellevue City Clerk.

E.    Transfer of Bonus Floor Area.

1.    When Floor Area May Be Transferred.

a.    Bonus floor area earned through the amenity incentive system for a specific parcel of land may be transferred to an abutting parcel of land in the same ownership.

b.    Bonus floor area earned for actual construction of the major pedestrian corridor may be transferred to any other property within the area of the Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street. Properties may utilize this transferred floor area only to the extent that the building height does not exceed limits depicted on the map entitled “Heights in Core Design District.”

2.    Amount of Floor Area Transfer. No more than 25 percent of the gross floor area of a proposed project may be transferred floor area. This limitation does not include floor area generated by construction of the major pedestrian corridor or major public open spaces or for the floor area generated by the neighborhood service or residential use special bonus provisions in Perimeter Design District Subdistrict C.

3.    Recording Required. The property owner must record each transfer of floor area with the King County Division of Records and Elections and with the Bellevue City Clerk.

4.    Notwithstanding any provision of this Code, no transfer of floor area occurs when all property is included in one project limit.

Heights in Core Design District*

Corridor/Open Space Bonuses

Used on-site and/or transferred

*These building heights may be achieved, but not exceeded, as a result of either transferring from another site, using on-site, or a combination thereof, the bonus floor area received as a result of constructing the Major Pedestrian Corridor or Major Public Open Spaces. These building height limits may not be exceeded by using any other Code provision. The 450-foot height limit shown for Downtown O-1 shall be calculated by including any mechanical or other similar equipment or nonhabitable structural elements. (Ord. 6277, 3-7-16, §§ 4 – 6; Ord. 5582, 2-7-05, § 3; Ord. 5571, 12-6-04, § 8; Ord. 5497, 11-17-03, § 4; Ord. 5480, 10-20-03, §§ 14, 15; Ord. 5050, 1-20-98, § 4; Ord. 4979, 3-17-97, § 10; Ord. 4973, 3-3-97, § 104; Ord. 4816, 12-4-95, § 204; Ord. 4268, 7-1-91, § 3; Ord. 3901B, 5-16-88, § 2; Ord. 3653, 5-19-86, §§ 4, 5; Ord. 3530, 8-12-85, § 40)

20.25A.040 Landscape development and fences.

A.    The provisions of LUC 20.20.520, except as they conflict with this section, apply to development in the Downtown Land Use Districts.

B.    Site perimeter and parking structure landscaping shall be provided in Downtown Land Use Districts according to the following chart, Landscape Development Requirements. In addition, street trees may be required by LUC 20.25A.060.B.

Landscape Development Requirements

Land Use District

Location On-Site

Street Frontage

Rear Yard

Side Yard

Downtown-O-1

Downtown-O-2

Downtown OB (2)

If buffering a surface vehicular access or parking area – 8′ Type III (1)

None Required

None Required

Downtown-MU

Downtown-R

Downtown OLB (2)

 

See LUC 20.25A.090 for Perimeter Design District Standards

If buffering a surface vehicular access or parking area – 8′ Type III (1)

If buffering a surface vehicular access or parking area – 5′ Type III

If buffering a surface vehicular access or parking area – 5′ Type III

(1)    An alternative design may be approved through Alternative Landscape Option, LUC 20.20.520.J.

(2)    On the east frontage of 112th Avenue NE, a landscape buffer (minimum width 20 feet) meeting the requirements of the Perimeter Design District landscape buffer, LUC 20.25A.090.D.4.b.ii, shall be provided, except where a plaza or pedestrian-oriented frontage meeting the requirements of LUC 20.25A.030 abuts the sidewalk.

C.    Fences.

1.    No fence may violate the sight obstruction restrictions at street intersections. (See BCC 14.60.240.)

2.    Any fence which exceeds eight feet in height requires a Building Permit and shall conform to the International Building Code, as adopted and amended by the City of Bellevue.

3.    Height shall be measured from finished grade at the exterior side of the fence. No person may construct a berm upon which to build a fence unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence if the berm was not present.

4.    Prohibited Fences. Barbed wire may not be used in fencing in any Downtown land use district. Electric fences are not permitted in any Downtown land use district. Chain link fences are not permitted in any Downtown land use district, except:

i.    To secure a construction site or area during the period of construction, site alteration or other modification; and

ii.    In connection with any approved temporary or special event use. (Ord. 5582, 2-7-05, § 4; Ord. 5050, 1-20-98, § 5; Ord. 4973, 3-3-97, § 105; Ord. 4816, 12-4-95, § 205; Ord. 3690, 8-4-86, § 9)

20.25A.045 Mechanical equipment screening and location.

A.    Applicability.

The requirements of this section shall be imposed for all new development, and construction or placement of new mechanical equipment on existing buildings. Mechanical equipment shall be installed so as not to detract from the appearance of the building or development.

B.    Location Requirements.

1.    To the maximum extent reasonable and consistent with building and site design objectives, mechanical equipment shall be located in the building, below grade, or on the roof.

2.    Where the equipment must be located on the roof, it shall be consolidated to the maximum extent reasonable rather than scattered.

3.    Mechanical equipment shall not be located adjacent to a sidewalk, through-block pedestrian connection, or area designated open to the public, such as a plaza.

C.    Screening Requirements.

1.    Exposed mechanical equipment shall be visually screened by a predominantly solid, non-reflective visual barrier that equals or exceeds the height of the mechanical equipment. The design and materials of the visual barrier or structure shall be consistent with the following requirements:

a.    Architectural features, such as parapets, screen walls, trellis systems, or mechanical penthouses shall be consistent with the design intent and finish materials of the main building, and as high or higher than the equipment it screens; or

b.    Vegetation or a combination of vegetation and view-obscuring fencing shall be of a type and size that provides a visual barrier at least as high as the equipment it screens and provides 50 percent screening at the time of planting and a dense visual barrier within three years from the time of planting.

2.    Mechanical equipment shall be screened from above by incorporating one of the following measures, in order of preference:

a.    A solid non-reflective roof. The roof may incorporate non-reflective louvers, vents, or similar penetrations to provide necessary ventilation or exhaust of the equipment being screened;

b.    Painting of the equipment to match or approximate the color of the background against which the equipment is viewed;

c.    Mechanical Equipment Installed on Existing Roofs. The Director may approve alternative screening measures not meeting the specific requirements of this section if the applicant demonstrates that:

i.    The existing roof structure cannot safely support the required screening, or

ii.    The integrity of the existing roof will be so compromised by the required screening as to adversely affect any existing warranty on the performance of the roof.

D.    Exhaust Control Standards.

1.    Purpose. Where technically feasible, exhaust equipment shall be located so as not to discharge onto a sidewalk, right-of-way, or area designated accessible to the public; including but not limited to a plaza, through-block connection, pedestrian bridge, and minor publicly accessible space.

2.    Exhaust Location Order of Preference. Mechanical exhaust equipment shall be located and discharged based on the following order of preference:

a.    On the building roof;

b.    On the service drive, alley, or other façade that does not abut a public street, sidewalk or right-of-way;

c.    Located above a driveway or service drive to the property such as a parking garage or service court; or

d.    Location that abuts a public street or easement; provided, that the exhaust discharge is not directly above an element that has earned FAR Amenity Incentive System points, such as a public plaza.

3.    If mechanical exhaust equipment is located as provided in subsection D.2.c or d of this section, then it shall be deflected from such public space and located at least 16 feet above finished grade, street, easement or other area designated accessible to the public.

4.    Exhaust outlets shall not be allowed to discharge to an area that has earned FAR Amenity Incentive System points, such as a public plaza.

E.    Modifications.

The location and screening of mechanical equipment and exhaust systems is subject to review and approval at the time of land use review. The Director may allow modifications to the requirements in this section if the applicant demonstrates that the alternate location or screening measures provide an equal or better result than the requirements of this section.

F.    Noise Requirements.

1.    Mechanical equipment shall meet the requirements of Chapter 9.18 BCC, Noise Control.

2.    The applicant shall be required to demonstrate the mechanical system compliance with the requirements of Chapter 9.18 BCC prior to issuance of certificate of occupancy. (Ord. 6277, 3-7-16, § 7)

20.25A.050 Downtown parking, circulation and walkway requirements.

A.    General.

The provisions of LUC 20.20.590, except as they conflict with this section, apply to development in the Downtown Land Use Districts.

B.    Minimum/Maximum Parking Requirement by Use – Specified Uses.

This subsection supersedes LUC 20.20.590.F.1. Subject to LUC 20.20.590.G and 20.20.590.H, the property owner shall provide at least the minimum and may provide no more than the maximum number of parking stalls as indicated below:

Downtown Parking Requirements

 

Downtown Zones

Land Use

 

Unit of Measure

-O-1,-O-2

-R,-MU,-OB,
-OLB

Min.

Max.

Min.

Max.

a.

Auditorium/Assembly Room/Exhibition Hall/Theater/Commercial Recreation (1)

per 8 fixed seats or per 1,000 nsf (if there are no fixed seats)

1.0

(10.0)

2.0

(10.0)

1.5

(10.0)

2.0

(10.0)

b.

Financial Institution

per 1,000 nsf

3.0

4.0

4.0

5.0

c.

Funeral Home/Mortuary (1)

per 5 seats

1.0

1.0

1.0

no

max.

d.

High Technology/Light Industry

per 1,000 nsf

2.0

3.5

2.0

3.5

e.

Home Furnishing/Retail/Major Appliances – Retail

per 1,000 nsf

1.5

3.0

1.5

3.0

f.

Hospital/In-Patient Treatment Facility/Outpatient Surgical Facility

per 1.5 patient beds

1.0

2.0

1.0

2.0

g.

(Deleted by Ord. 5790)

 

 

 

 

 

h.

Manufacturing/Assembly (Other than High Technology/Light Industrial)

per 1,000 nsf

0.7

1.0

1.0

1.5

i.

Office (Business Services/Professional Services/General Office)(3)

per 1,000 nsf

2.0

2.7

2.5

3.0

j.

Office (Medical Dental/Health Related Services)

per 1,000 nsf

3.0

4.0

4.0

5.0

k.

Personal Services:

 

 

 

 

 

 

Without Fixed Stations

per 1,000 nsf

2.0

2.0

2.0

3.0

 

With Fixed Stations

per station

0.7

2.0

1.0

1.5

l.

Residential

per unit

0

2.0

1.0(5)

2.0

m.

Restaurant

per 1,000 nsf

0

15.0

10.0(4)

20.0

n.

Retail

per 1,000 nsf

3.3

5.0

4.0(4)

5.0

o.

Retail in a Mixed Development (except Hotel)(2)

per 1,000 nsf

0

3.3

2.0(4)

4.0

p.

Senior Housing:

 

 

 

 

 

 

Nursing Home

per patient bed

0.4

0.8

0.4

0.8

 

Senior Citizen Dwelling or Congregate Care

per living unit

0

1.0

0.33

1.0

nsf = net square feet (see LUC 20.50.036)

Notes to Parking Requirements:

(1)    Room or seating capacity as specified in the International Building Code, as adopted and amended by the City of Bellevue, at the time of the application is used to establish the parking requirement.

(2)    If retail space in a mixed development exceeds 20 percent of the gross floor area of the development, the retail use parking requirements of subsection B of this section apply to the entire retail space.

(3)    Special Requirement in Perimeter Design District. The Director of the Development Services Department may require the provision of up to 3.5 parking stalls per 1,000 net square feet for office uses within the Perimeter Design District to avoid potential parking overflow into adjacent land use districts outside Downtown.

(4)    Parking for existing buildings in Downtown-OB shall be provided according to the criteria set forth in this Note (4).

(a)    Existing Building Defined. For this Note (4), “existing building” shall refer to any building in existence as of December 31, 2006, or any building vested as of December 31, 2006, per LUC 20.40.500, and subsequently constructed consistent with the 2006 vesting.

(b)    First 1,500 Net Square Feet of a Restaurant or Retail Use – No Parking Required. The first 1,500 net square feet of a restaurant or retail use located in an existing building shall have a minimum parking ratio of zero (0).

(c)    Restaurant or Retail Uses in Excess of 1,500 Net Square Feet. A restaurant or retail use that exceeds 1,500 net square feet and is located within an existing building shall provide parking according to the above table for any floor area in excess of 1,500 net square feet.

(d)    Limitation on Applicability of Note (4).

(i)    Buildings that do not meet the definition of an existing building shall provide parking for all uses according to the above table.

(ii)    Parking in existing buildings for uses other than restaurant and retail uses shall be provided according to the above table.

(5)    The minimum requirement for studio apartment units available to persons earning 60 percent or less than the median income as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area is 0.25 stalls per unit. An agreement to restrict the rental or sale of any such units to an individual earning 60 percent or less of the median income shall be recorded with the King County Division of Records and Elections.

C.    Shared Parking.

1.    General. In the Downtown, this subsection supersedes LUC 20.20.590.I.1 – 2. Subject to compliance with other applicable requirements of this Code, the Director of the Development Services Department may approve shared development or use of parking facilities located on adjoining separate properties or for mixed use or mixed retail use development on a single site if:

a.    A convenient pedestrian connection between the properties or uses exists; and

b.    The availability of parking for all affected properties or uses is indicated by directional signs, as permitted by Chapter 22B.10 BCC (Sign Code).

2.    Number of Spaces Required.

a.    Where the uses to be served by shared parking have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements for the uses served reduced by 20 percent of that total number; provided, that the Director may approve a further reduction of that total number if the property owner or owners demonstrate to the satisfaction of the Director that the resulting provision of parking will be adequate for the proposed uses.

b.    Where the uses to be served by shared parking do not overlap their hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.

3.    Documentation Required. Prior to establishing shared parking or any use to be served thereby, the property owner or owners shall file with the King County Division of Records and Elections and with the Bellevue City Clerk a written agreement approved by the Director of the Development Services Department providing for the shared parking use. The agreement shall be recorded on the title records of each affected property.

D.    Off-Site Parking Location.

1.    General. In the Downtown, this subsection supersedes LUC 20.20.590.J. Except as provided in paragraph D.2 of this section, the Director of the Development Services Department may authorize a portion of the approved parking for a use to be located on a site other than the subject property if:

a.    Adequate visitor parking exists on the subject property; and

b.    Adequate pedestrian, van or shuttle connection between the sites exists; and

c.    Adequate directional signs in conformance with Chapter 22B.10 BCC (Sign Code) are provided.

2.    District Limitations – Downtown-R Limitations. Parking located in the Downtown-R District may only serve uses located in that district unless otherwise permitted through Design Review, Part 20.30F LUC, and then, only if such parking is physically contiguous and functionally connected to the use which it serves in an adjacent land use district.

3.    Short-Term Retail Parking Facilities. The Director may approve the development of short-term retail parking facilities (see definition at LUC 20.50.040) not associated with a specific use. Upon the separate approval of the Director, a property owner or owners may satisfy all or a portion of the parking requirement for a specified retail use through an agreement providing parking for the use at a designated short-term retail parking facility; provided, that:

a.    Adequate pedestrian, van or shuttle connection exists between the sites; and

b.    Adequate directional signs in conformance with Chapter 22B.10 BCC (Sign Code) are provided.

4.    Documentation Required. Prior to establishing off-site parking or any use to be served thereby, the property owner or owners shall file with the King County Division of Records and Elections and with the Bellevue City Clerk a written agreement approved by the Director of the Development Services Department providing for the shared parking use. The agreement shall be recorded on the title records of each affected property.

E.    Commercial Use Parking.

1.    Any parking facilities or parking stalls located in the Downtown and developed to meet the requirements of the Land Use Code for a particular use may be converted to commercial use parking (see definition at LUC 20.50.040); provided, that the property owner shall:

a.    Comply with all parking and dimensional requirements and with the performance standards for parking structures of this Code.

b.    If the parking facility or parking stalls proposed for commercial use were approved for construction subsequent to the effective date of Ordinance 2964 (enacted on March 23, 1981), the commercial use parking facility or parking stalls shall comply with all landscaping requirements set forth at LUC 20.25A.040.

c.    If the parking facility or parking stalls proposed for commercial use were approved for construction prior to the effective date of Ordinance 2964 (enacted on March 23, 1981), and the commercial use parking facility occupies more than 30 spaces, the minimum landscaping requirements of this Code shall be deemed met where the property owner installs landscaping in compliance with an approved landscaping plan which achieves the following objectives:

i.    Surface parking areas shall be screened from street level views to a minimum height of four feet by a wall, hedge, berm or combination thereof.

ii.    The minimum width of any hedge planting area shall be three feet.

iii.    Visual relief and shade shall be provided in the parking area by at least one deciduous shade tree (12 feet high at planting) for every 20 parking stalls, provided such trees shall not be required in covered or underground parking. Each tree planting area shall be at least 100 square feet in area and four feet in width, and shall be protected from vehicles by curbing or other physical separation. If irrigation is provided, the planting area may be reduced to 40 square feet.

iv.    The proposed landscaping plan shall be reviewed by the Director for compliance with these objectives and shall be approved by the Director prior to initiation of the commercial use parking.

d.    If the parking facility or parking stalls proposed for commercial use were approved for construction prior to the effective date of Ordinance 2964 (enacted March 23, 1981) and the commercial use parking facility occupies 30 spaces or less, the commercial use parking facility shall be exempt from the landscaping requirements of this Code.

2.    Assurance Device. The Director of the Development Services Department may require an assurance device pursuant to LUC 20.40.490 to ensure conformance with the requirements and intent of this subsection.

F.    Parking Area and Circulation Improvements and Design.

1.    Landscaping. Paragraph F.1 of this section supersedes LUC 20.20.590.K.7. The property owner shall provide landscaping as required by LUC 20.25A.040.

2.    Compact Parking. Paragraph F.2 of this section supersedes LUC 20.20.590.K.9. The Director of the Development Services Department may approve the design and designation of up to 65 percent of the spaces for use by compact cars.

3.    Vanpool/Carpool Facilities. The property owner must provide a vanpool/carpool loading facility that is outside of required driveway or parking aisle widths and that is contained within the required parking and circulation areas. The facility must be adjacent to an entrance door to the structure served by the parking or as nearly so as possible and must be consistent with all applicable design guidelines.

4.    Performance Standards for Parking Structures. The Director of the Development Services Department may approve a proposal for a parking structure through Design Review, Part 20.30F LUC. The Director of the Development Services Department may approve the parking structure only if:

a.    Driveway openings are limited and the number of access lanes in each opening is minimized.

b.    The structure exhibits a horizontal, rather than sloping, building line.

c.    The dimension of the parking structure abutting pedestrian areas is minimized, except where retail, service or commercial activities are provided.

d.    The parking structure complies with the requirements of LUC 20.25A.115.

e.    A wall or other screening of sufficient height to screen parked vehicles and which exhibits a visually pleasing character is provided at all above-ground levels of the structure.

f.    Safe pedestrian connection between the parking structure and the principal use exists.

g.    Loading areas are provided for vanpools/carpools as required by paragraph F.3 of this section.

h.    Vehicle height clearances for structured parking must be at least seven and one-half feet for the entry level to accommodate vanpool parking.

G.    Interim and Phased Parking.

1.    Interim Parking.

a.    When Allowed. The Director of the Development Services Department may approve the installation of interim parking up to the maximum parking allowed if determined to be necessary to mitigate spillover parking impacts. Such interim parking may exist for a period not to exceed five years from the date of Temporary or Final Certificate of Occupancy, whichever comes first. The Director of the Development Services Department may upon written request grant no more than two one-year extensions to the five-year interim parking time limit.

b.    Approval Required. The Director of the Development Services Department must review and approve a plan indicating current parking demand, how much interim parking is proposed, when the parking will be removed, and how the interim parking area will be restored.

c.    Design. The property owner must provide perimeter and interior parking lot landscaping as required by LUC 20.25A.040 and must comply with all dimensional standards of this Code.

d.    Removal of Interim Parking. The Director of the Development Services Department may require the removal of interim parking prior to the expiration of the approval period when parking supply exceeds demand. The property owner proposing interim parking shall file a written agreement containing this limitation with the Bellevue City Clerk.

e.    Assurance Device. The Director of the Development Services Department may require an assurance device pursuant to LUC 20.40.490 to insure conformance with the requirements and intent of paragraph G.1 of this section.

2.    Phased Parking.

a.    Schedule Required. The property owner may install the required parking spaces in phases if the schedule has been approved by the Director of the Development Services Department. Each phased parking installation must include enough parking to meet the parking requirements for the completed phases of the development for which the parking is provided. This phasing schedule must specifically indicate when all parking approved pursuant to this section will be provided.

b.    Assurance Device. The Director of the Development Services Department may require an assurance device pursuant to LUC 20.40.490 to insure compliance with the requirements and intent of paragraph G.2 of this section.

H.    Director’s Authority to Require Parking Exceeding Maximum.

In Downtown Districts, the Director of the Development Services Department may require the installation of more than the maximum number of parking stalls, for other than office uses, if the Director determines that:

1.    Such additional parking is necessary to meet the parking demand for a specified use; and

2.    Shared or off-site parking is not available or adequate to meet demand; and

3.    Any required Transportation Management Program will remain effective. (Ord. 6257, 10-5-15, § 1; Ord. 5790, 12-3-07, § 4; Ord. 5717, 2-20-07, § 7; Ord. 5571, 12-6-04, § 9; Ord. 5091, 8-3-98, §§ 8, 9; Ord. 5050, 1-20-98, § 6; Ord. 4979, 3-17-97, § 11; Ord. 4973, 3-3-97, § 106; Ord. 4816, 12-4-95, § 206; Ord. 4654, 6-6-94, § 40; Ord. 3813, 7-20-87, § 5; Ord. 3747, 1-20-87, § 8)

20.25A.060 Walkways and sidewalks.

A.    Walkways and Sidewalks – Perimeter.

1.    Minimum Width.

a.    The minimum width of perimeter walkway or sidewalk on the streets identified in this paragraph is 16 feet plus a 6-inch curb. Included within that 16 feet and adjacent to the curb, there shall be a planter strip or tree pit as prescribed by Plate A of this section:

i.    NE 6th between 110th Avenue NE and 112th Avenue NE; and

ii.    106th Avenue NE between NE 4th and NE 8th; and

iii.    108th Avenue NE between NE 4th and NE 8th; and

iv.    110th Avenue NE between NE 4th and NE 8th; and

v.    Bellevue Way between Main and NE 12th; and

vi.    NE 4th between 100th Avenue NE and 112th Avenue NE; and

vii.    NE 8th between 100th Avenue NE and 112th Avenue NE.

b.    Along any other street not listed in subsection A.1.a of this section, the minimum width of a perimeter walkway or sidewalk is 12 feet plus a 6-inch curb. Included in that 12 feet and adjacent to the curb, there shall be a planter strip or tree pit as prescribed in Plate A of this section.

c.    Within the width of the walkway or sidewalk, at least six feet of unobstructed travel path shall be maintained for safe pedestrian access.

d.    Planter Strips and Tree Pits.

Planter strips shall be at least five feet wide and as long as the street frontage, excluding curb cuts, driveways and spacing for utilities. Planter strips and tree pits shall be located adjacent to the curb unless precluded by existing utilities which cannot be reasonably relocated. Tree pits may shall be covered with protective grate or pavers.

2.    Street Trees and Landscaping – Perimeter.

a.    Tree Species. The property owner shall install street trees, in addition to any landscaping required by LUC 20.25A.040, according to the requirements of Plate B of this section as now or hereafter amended and this section.

b.    Installation. Street trees, at least 2.5 inches in caliper or as approved by the Director, must be planted at least 3 feet from the face of the street curb, and a maximum of 20 feet for small trees, 25 feet for medium trees, and 30 feet for large trees. The size of the tree shall be determined by Plate B of this section, as now or hereafter amended. A street tree planting area may also include decorative paving and other plant materials except grass that requires mowing. The use of planter strips for stormwater treatment is encouraged. Installation shall be in accordance with the Parks and Community Services Department Environmental Best Management Practices and Design Standards, as now or hereafter amended.

c.    Irrigation. A permanent automatic irrigation system shall be provided at the time of installation of street trees and sidewalk planting strip landscaping located in a required planter strip or tree pit. The irrigation system shall be served by a separate water meter installed by the applicant and served by City-owned water supply with 24-hour access by the City. The use of rainwater to supplement irrigation is encouraged. Irrigation system shall be designed per the Parks and Community Services Department Environmental Best Management Practices and Design Standards, as now or hereafter amended.

d.    Street Landscaping. Street trees together with shrubbery, groundcover and other approved plantings are required in a planter strip along the length of the frontage. Vegetation included in the planter strip shall be able to withstand urban conditions, shall be compatible with other plantings along the same street, and shall reflect the character of the area within which they are planted, as approved by the Director.

B.    Overhead Weather Protection.

Overhead weather protection shall be provided per right-of-way designation in the Design Guidelines, Building/Sidewalk Relationships:

1.    In Right-of-Way Designations A, B, and C, 75 percent of the building frontage shall have overhead weather protection.

2.    In Right-of-Way Designations D, and D/R, 50 percent of the building frontage shall have overhead weather protection.

3.    In Right-of-Way Designation E, overhead weather protection shall be provided at all entries.

4.    Overhead weather protection includes arcades, awnings, and marquees as provided in LUC 20.25A.030.C. If these features meet the design criteria of the Amenity Incentive System, they shall be eligible for FAR Amenity Incentive System points. Overhead weather protection meeting the definition of LUC 20.50.038, but not the design criteria of the Amenity Incentive System, may also be used to meet this requirement, but shall not be eligible for the FAR Amenity Incentive System points.

C.    Through-Block Pedestrian Connections.

1.    Purpose. A through-block pedestrian connection provides an opportunity for increased pedestrian movement through superblocks in Downtown.

2.    Location. Except as set forth in subsection C.4 of this section, through-block pedestrian connections are required in each superblock. These through-block pedestrian connections must be provided to permit movement through the superblock from a perimeter walkway or sidewalk to publicly accessible spaces, adjoining structures or development, or parking areas, and other perimeter walkways or sidewalks. The Director may modify or eliminate the requirement for these pedestrian connections for projects with expanded lot coverage and floorplates as allowed pursuant to LUC 20.25A.065.C where providing such connections is not feasible due to structure and site size.

3.    Design Guidelines. The following criteria apply to review of a proposed pedestrian through-block connection:

a.    Through-block pedestrian connections must be developed as an internal walkway or sidewalk, an arcade, a pedestrian skybridge as permitted by LUC 20.25A.130, and may meander.

b.    Through-block pedestrian connections must comply with the applicable definitions in Chapter 20.50 LUC.

c.    Through-block pedestrian connections must be designed to form logical routes from origins to destinations.

d.    Through-block pedestrian connections must offer diversity in terms of activity and pedestrian amenity along pedestrian routes.

e.    Through-block pedestrian connections must meet construction code handicapped requirements.

f.    Through-block pedestrian connections should use trees and landscaping to provide definition and enclosure.

g.    Through-block pedestrian connections should provide for weather protection from rain through use of sheltered walkways or sidewalks, canopies, multiple building entrances, lobbies, and entries of sufficient size and accessibility.

h.    Directional signage shall identify circulation routes for all users and state that the space is accessible to the public at all times. The signage must be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this section and achieves the design objectives for the building and the site.

4.    Old Bellevue.

a.    Development abutting the streets identified below shall provide mid-block connections between:

i.    Main Street and NE 1st Street at approximately 101st Avenue NE; and

ii.    102nd and 103rd Avenues approximately mid-block between Main Street and NE 1st Street; and

iii.    Main Street at approximately 103rd Avenue and 102nd Avenue SE at approximately SE 1st Street.

b.    A through-block pedestrian connection must be developed as a walkway or a combination walkway and vehicular lane. The connection shall incorporate decorative lighting and seating areas.

c.    If a combination walkway and vehicular lane does not have a separate raised walkway, the walkway surface must be paved with unit paver blocks or other unique paving surface to denote that it is a pedestrian area.

D.    Conflicts.

To the extent that this section of the Land Use Code conflicts with the Parks and Community Services Department Environmental Best Management Practices and Design Standards, this section of the Land Use Code shall control.

E.    Minor Modifications.

If the requirements of this section are not feasible, the Director may approve minor modifications that achieve equal or better results; provided, that the sight distance requirements of BCC 14.60.240 and widths of the sidewalks, walkways, and curbs shall not be modified pursuant to this subsection.

Plate A – Downtown Bellevue Planter Strip/Tree Pits Required 

East-West

Planter Strip/Tree Pits

NE 12th (102nd to I-405)

Planter Strip

NE 11th (110th to 112th)

Planter Strip

NE 10th (100th to 106th)

Planter Strip

NE 10th (106 to I-405)

Planter Strip

NE 9th (110th to 111th)

Tree Pits

NE 8th (100th to 106th)

Planter Strip

NE 8th (106th to 112th)

Planter Strip

NE 6th (Bellevue Way to 106th)

See Pedestrian Corridor Design Guidelines

NE 6th (106th to 108th)

See Pedestrian Corridor Design Guidelines

NE 6th (108th to 110th)

Tree Pits

NE 6th (110th to 112th)

Planter Strip on the south side, Tree Pits on the north side

NE 4th (100th to I-405)

Planter Strip

NE 3rd Pl (110th to 111th)

Tree Pits

NE 2nd Pl (108th to 111th)

Planter Strip

NE 2nd (Bellevue Way to I-405)

Planter Strip

NE 1st/2nd (100th to Bellevue Way)

Planter Strip

NE 1st (103rd to Bellevue Way)

Tree Pits

Main St (100th to Bellevue Way)

Tree Pits

Main St (Bellevue Way to I-405)

Planter Strip

North-South

 

100th (NE 12th to Main)

Planter Strip

100th (NE 10th to NE 1st)

Planter Strip

100th (NE 1st to Main)

Planter Strip

101st (near NE 10th)

Tree Pits

101st Ave SE (south of Main St)

Tree Pits

102nd (NE 12th to NE 8th)

Planter Strip

102nd (NE 1st to south of Main St)

Tree Pits

103rd (near NE 10th)

Tree Pits

103rd (NE 2nd to Main St)

Tree Pits

Bellevue Way (NE 12th to NE 10th)

Planter Strip

Bellevue Way (NE 10th to NE 4th)

Planter Strip

Bellevue Way (NE 4th to Main)

Planter Strip

Bellevue Way (Main to Downtown Boundary)

Planter Strip

105th (NE 4th to NE 2nd)

Planter Strip

105th SE (near Main St)

Planter Strip

106th (NE 12th to NE 8th)

Planter Strip

106th (NE 8th to NE 4th)

Tree Pits

106th (NE 4th to Main)

Planter Strip

106th Pl NE (near NE 12th)

Tree Pits

107th (NE 2nd to south of Main)

Tree Pits

108th (NE 12th to NE 8th)

Tree Pits

108th (NE 8th to NE 4th)

Tree Pits

108th (NE 4th to south of Main)

Tree Pits

109th (near NE 10th)

Planter Strip

110th (NE 12th to NE 8th)

Planter Strip

110th (NE 8th to NE 4th)

Planter Strip

110th (NE 4th to Main)

Planter Strip

111th (NE 11th to NE 9th)

Planter Strip

111th (NE 4th to NE 2nd)

Planter Strip

112th (NE 12th to Main)

Planter Strip

Plate B – Downtown Bellevue Street Tree Species Plan 

East-West

Proposed Street Trees

Tree Size

NE 12th (102nd to I-405)

Pear: Pyrus calleryana ‘Glens form’

Small

NE 11th (110th to 112th)

‘Katsura: Cercidiphyllum japonicum’

Large

NE 10th (100th to 106th)

Tupelo: Nyssa sylvatica ‘Firestarter’

Medium

NE 10th (106 to I-405)

Zelkova serrata ‘Village Green’

Medium

NE 9th (110th to 111th)

Katsura: Cercidiphyllum japonicum

Large

NE 8th (100th to 106th)

Honeylocust: Gleditsia tricanthos ‘Shademaster’

Medium

NE 8th (106th to 112th)

Pac Sunset Maple: Acer truncatum x platanoides ‘Warrenred’

Medium

NE 6th (Bellevue Way to 106th)

Honeylocust: Gleditsia tricanthos ‘Shademaster’

Medium

NE 6th (106th to I-405)

Katsura: Cercidiphyllum japonicum

Large

NE 4th (100th to I-405)

Autumn Blaze Maple: Acer x Freemanii ‘Jeffersred’

Large

NE 3rd Pl (110th to 111th)

Tupelo: Nyssa sylvatica ‘Firestarter’

Large

NE 2nd Pl (108th to 111th)

Persian ironwood: Parrotia persica ‘Vanessa’

Medium

NE 2nd (Bellevue Way to I-405)

English oak: Quercus robur ‘Pyramich’

Large

NE 1st/2nd (100th to Bellevue Way)

Hungarian oak: Quercus frainetto ‘Schmidt’

Large

NE 1st (103rd to Bellevue Way)

Ginkgo: Ginkgo biloba ‘Magyar’

Medium

Main St (100th to Bellevue Way)

Ginkgo: Ginkgo biloba ‘Magyar’

Medium

Main St (Bellevue Way to I-405)

Tupelo: Nyssa sylvatica ‘Afterburner’

Medium

North-South

Proposed Street Trees

Tree Size

100th (NE 12th to NE 10th)

Pear: Pyrus calleryana ‘Aristocrat’

Small

100th (NE 10th to NE 1st)

Scarlet oak: Quercus coccinia

Large

100th (NE 1st to Main)

Ginkgo: Ginkgo biloba ‘Magyar’

Medium

101st (near NE 10th)

Ginkgo: Ginkgo biloba ‘Autumn Gold’

Medium

101st Ave SE (south of Main St)

Katsura: Cercidiphyllum japonicum

Large

102nd (NE 12th to NE 8th)

Miyabe maple: Acer miyabei ‘Rugged Ridge’

Large

102nd (NE 1st to south of Main St)

Katsura: Cercidiphyllum japonicum

Large

103rd (near NE 10th)

Ginkgo: Ginkgo biloba ‘Autumn Gold’

Medium

103rd (NE 2nd to Main St)

Katsura: Cercidiphyllum japonicum

Large

Bellevue Way (NE 12th to NE 10th)

Tulip tree: Liriodendron tulipifera ‘JFS-oz’

Large

Bellevue Way (NE 10th to NE 4th)

Honeylocust: Gleditsia tricanthos ‘Shademaster’

Medium

Bellevue Way (NE 4th to Main)

Tulip tree: Liriodendron tulipifera ‘JFS-oz’

Large

105th (NE 4th to NE 2nd)

Sweetgum: Liquidambar styraciflua ‘Worplesdon’

Large

105th SE (near Main St)

London planetree: Platanus x acerifolia ‘Bloodgood’

Large

106th (NE 12th to NE 8th)

Elm: Ulmus propinqua ‘Emerald Sunshine’

Large

106th (NE 8th to NE 4th)

Elm: Ulmus Americana ‘Jefferson’

Large

106th (NE 4th to Main)

Elm: Ulmus ‘Morton Glossy’

Large

106th Pl NE (near NE 12th)

London planetree: Platanus x acerifolia ‘Bloodgood’

Large

107th (NE 2nd to south of Main)

Hornbeam: Carpinus caroliniana ‘Palisade’

Medium

108th (NE 12th to NE 8th)

Persian ironwood: Parrotia persica ‘Ruby Vase’

Medium

108th (NE 8th to NE 4th)

Sweetgum: Liquidambar styraciflua ‘Worplesdon’

Large

108th (NE 4th to south of Main)

Zelkova serrata ‘Green Vase’

Medium

109th (near NE 10th)

Linden: Tilia cordata ‘Chancole’

Large

110th (NE 12th to NE 8th)

Linden: Tilia americana ‘Redmond’

Large

110th (NE 8th to NE 4th)

Zelkova serrata ‘Village Green’

Medium

110th (NE 4th to Main)

Red maple: Acer rubrum ‘Somerset’

Large

111th (NE 11th to NE 9th)

Ginkgo: Ginkgo biloba ‘Autumn Gold’

Medium

111th (NE 4th to NE 2nd)

Ginkgo: Ginkgo biloba ‘Autumn Gold’

Medium

112th (NE 12th to Main)

Scarlet oak: Quercus coccinia

Large

(Ord. 6277, 3-7-16, §§ 8 – 14; Ord. 5582, 2-7-05, § 5; Ord. 5372, 6-3-02, § 3; Ord. 5100, 10-19-98, § 1; Ord. 5091, 8-3-98, §§ 10, 11; Ord. 4979, 3-17-97, § 12; Ord. 4973, 3-3-97, § 108; Ord. 4816, 12-4-95, § 208; Ord. 4654, 6-6-94, § 41; Ord. 3766, 3-23-87, § 3; Ord. 3747, 1-20-86, § 10; Ord. 3498, 5-27-85, § 53; Ord. 3690, 8-04-86, § 10)

20.25A.065 Civic Center Design District.

A.    Definition of District.

The Civic Center Design District encompasses the area bounded by the centerlines of 110th Avenue NE on the west, NE 8th Street on the north, I-405 on the east, and NE 4th Street on the south.

B.    Purpose.

The purpose of the Civic Center Design District is to implement the Downtown Subarea policies concerning the Special Opportunity Area, by providing specific standards. These standards will permit the development of cultural, conference and exhibition facilities and other uses as envisioned by the policies.

C.    Development Standards.

All provisions of this Part 20.25A LUC shall apply to this district, with the following exceptions:

1.    Within the Civic Center Design District, maximum lot coverage may be up to 100 percent for buildings in which more than 50 percent of the gross floor area, excluding parking, is comprised of one or more of the following uses: city government facilities, cultural facilities, conference facilities and exhibition facilities.

2.    Within the Civic Center Design District, the building floor area per floor above 40 feet high may be unlimited for buildings and floors in which more than 50 percent of the gross floor area, excluding parking, is comprised of one or more of the following uses: city government facilities, cultural facilities, conference facilities and exhibition facilities.

3.    Building types listed in paragraphs C.1 and C.2 of this section should incorporate special design features as described below:

a.    Building facades should be divided into increments through the use of offsets, facets, recesses or other architectural features which serve to break down the scale. Roof forms should incorporate terraces, planting areas, decorative features, or other elements to soften the rectilinear profile.

b.    Special attention should be given to the provision of elements at or near the ground level such as awnings, recessed entries, water features, address signs, seasonal flower beds, seating, pedestrian-oriented uses and display kiosks.

4.    Nothing in these provisions shall affect the maximum floor area ratios permitted for the underlying land use districts.

5.    Within the Civic Center Design District, the minimum side and rear setback required above 40 feet for all buildings with a building height in excess of 75 feet may be eliminated for buildings and floors in which more than 50 percent of the gross floor area, excluding parking, is comprised of one or more of the following uses: city government facilities, cultural facilities, conference facilities and exhibition facilities. (Ord. 5582, 2-7-05, § 6; Ord. 5372, 6-3-02, § 4; Ord. 4973, 3-3-97, § 109; Ord. 4816, 12-4-95, § 209; Ord. 4038, 7-31-89, § 1)

20.25A.070 Downtown-Old Bellevue District.

A.    Design Review Required.

All development within the Downtown-Old Bellevue Land Use District must be reviewed by the Director of the Development Services Department using the Design Review process, Part 20.30F LUC, and applying the Downtown Design Review Criteria, LUC 20.25A.110, in reviewing an application for development in the Downtown-Old Bellevue Land Use District.

B.    Development Requirements.

Development within the Old Bellevue Land Use District must comply with the following if the property abuts the named streets:

1.    Street Improvements. The applicant shall provide half-street and sidewalk improvements including paving, street trees, lighting and other street furniture comparable to the existing Main Street streetscape between 102nd Avenue and Bellevue Way on:

a.    Both sides of Main Street between 100th Avenue and Bellevue Way; and

b.    102nd and 103rd Avenues between SE 1st Street and NE 1st Street; and

c.    The west side of Bellevue Way between SE 1st Street and NE 2nd Street; and

d.    The east side of 100th Avenue between SE Bellevue Place and NE 1st Street; and

e.    Both sides of NE 1st and NE 2nd between 100th Avenue and Bellevue Way.

2.    Mid-Block Connections. See LUC 20.25A.060.

3.    Parking. An off-street parking area may not be located between the buildings and streets along:

a.    102nd Avenue NE between Main Street and NE 1st Street; and

b.    Main Street between 100th Avenue and Bellevue Way.

4.    Minor Publicly Accessible Spaces.

a.    The applicant shall provide minor publicly accessible spaces on Main Street at the intersections of 100th Avenue and Bellevue Way.

b.    A minor publicly accessible space may be outdoors or may be enclosed as long as adequate access is provided, and its existence is readily identifiable.

c.    A minor publicly accessible space must be developed as a plaza, an enclosed plaza or landscape feature. The design criteria of LUC 20.25A.030.C must be met, and the FAR amenity bonus may be utilized.

d.    Structures must directly abut the minor publicly accessible space.

5.    Pedestrian-Oriented Frontage and Marquees or Awnings.

a.    The applicant shall provide pedestrian-oriented frontage and marquees or awnings on:

i.    Both sides of Main Street from 100th Avenue to Bellevue Way; and

ii.    102nd Avenue between Main Street and NE 1st Street.

b.    Pedestrian-oriented frontage, marquees, and awnings must comply with the design criteria of LUC 20.25A.030.C, and the FAR amenity bonus may be utilized.

c.    Pedestrian-oriented frontage must include display windows having mullions that are spaced two to six feet apart.

d.    The use of exposed concrete, metal or plastic for storefront facades is not permitted. This does not preclude the use of metal and acrylic glazing on marquees or vinyl fabric on awnings, nor the use of brass, copper or aluminum for decorative trim. (Ord. 5582, 2-7-05, § 7; Ord. 4973, 3-3-97, § 110; Ord. 4816, 12-4-95, § 210; Ord. 4654, 6-6-94, § 42; Ord. 3813, 7-20-87, §§ 6, 7; Ord. 3530, 8-12-85, § 43; Ord. 3498, 5-27-85, § 55)

20.25A.090 Perimeter Design District.

A.    Definition of District.

The Perimeter Design District is an area composed of three subdistricts (A through C) as depicted on the following map. The Perimeter Design District includes area within the boundary of the Downtown as shown, whether or not said areas are within a Downtown Land Use District.

The Perimeter Design District shall include the following property west of the centerline of 112th Avenue NE within the Downtown as defined in LUC 20.50.016:

Subdistrict A:

1.    All property south of the Main Street right-of-way; and

2.    All property in the Main Street, 100th Avenue NE and NE 12th Street rights-of-way; and

3.    All property measured 150 feet into the Downtown from the internal edge of the Main Street, 100th Avenue NE and NE 12th Street rights-of-way, respectively, except that property south of NE 1st Street and lying between a line parallel to and 150 feet east of the east edge of the 100th Avenue NE right-of-way and the centerline of 107th Avenue NE.

Subdistrict B:

1.    All property measured 150 feet into the Downtown from the internal edge of Subdistrict A, except that property south of NE 1st Street, if extended, lying between the centerline of 104th Avenue NE and the centerline of 107th Avenue NE; and

 

2.    All property north of the north edge of the Main Street right-of-way that is within the area that is east of the internal edge of Subdistrict A, south of the centerline of NE 2nd Street and west of the centerline of 104th Avenue NE except that property north of the centerline of NE 1st Street, west of the centerline of 102nd Avenue NE, south of the centerline of NE 2nd Street, if extended, and east of a line parallel to and 300 feet east of the east edge of the 100th Avenue NE right-of-way; and

Note: The above figure shall be read to replace “CBD” wherever it appears with “DNTN.”

3.    All property within the area bounded by the northerly edge of the NE 8th Street right-of-way on the south, the southerly boundary of Subdistrict A on the north, the easterly boundary of Subdistrict A on the west, and a line parallel to and 300 feet west of the westerly edge of the 104th Avenue NE right-of-way on the east.

Subdistrict C:

1.    All property within the area bounded by a line parallel to and 300 feet north of the northerly edge of the Main Street right-of-way on the north, the northerly edge of the Main Street right-of-way on the south, and the centerlines of 104th Avenue NE on the west and 107th Avenue NE on the east; and

2.    All property within the area bounded by the northerly boundary of Subdistrict B on the south, the southerly edge of the NE 2nd Street right-of-way on the north, and the centerlines of 107th Avenue NE on the west and 112th Avenue NE on the east; and

3.    All property within the area bounded by the easterly boundary of Subdistrict B on the west, the centerlines of NE 4th Street on the south and NE 8th Street on the north, and a line parallel to and 300 feet west of the westerly edge of the 104th Avenue NE right-of-way on the east; and

4.    All property within the area bounded by the southerly boundary of Subdistrict B on the north, the northerly edge of the NE 10th Street right-of-way, if extended, on the south, and the centerlines of 103rd Avenue on the west and 108th Avenue NE on the east.

B.    Purpose.

The purpose of the Perimeter Design District is to establish a stable development program for the perimeter between the Downtown and adjacent residential neighborhoods. The program helps secure the future of both areas.

C.    Review Criteria.

The Director of the Development Services Department shall use the Downtown Design Review Criteria, LUC 20.25A.110; the Design Guidelines – Building/Sidewalk Relationships, LUC 20.25A.115; and the provisions of this section in reviewing an application for development in the Perimeter Design District.

D.    Development Standards.

1.    Limitation on Modification. Notwithstanding any other provision of the Land Use Code, the development standards contained in this subsection may not be modified.

2.    Perimeter Design District Dimensional Requirements. Dimensional requirements for properties within the Perimeter Design District shall be regulated by the chart set forth in this Section; provided, that dimensional requirements from the “Dimensional Requirements in Downtown Districts” chart set forth in LUC 20.25A.020.A.2 shall apply for dimensions not regulated in the following chart:

Perimeter Subdistrict

Building Type5

Minimum Setback from the DNTN Boundary1,4,10

Max. Lot Coverage

 

Building Height2

Floor Area Ratio3

Basic

Max.

Basic

Max.

Subdistrict A

Nonresidential

20′

75%6

30′

40′

.5

1.0 in

DNTN-MU

1.0 in

DNTN-OB

 .5 in

DNTN-R

Residential

20′

75%6

30′

55′

2.0

3.5

Parking

20′

75%

30′

40′9

N/A

N/A

Subdistrict B

Nonresidential

N/A

75%6

30′

65′

.5

1.5 in

DNTN-MU

1.0 in

DNTN-OB

 .5 in

DNTN-R

Residential

N/A

75%6

45′

90′

2.0

5.0

Parking

N/A

75%

40′

40′

N/A

N/A

Subdistrict C

Nonresidential

N/A

75%

30′

100′7

.5

3.07

Residential

N/A

100%

150′

200′

2.0

5.0

Mixed Use8

N/A

75%

30′

100′ 7

.5

3.07

Parking

N/A

75%

40′

40′

N/A

N/A

Notes: Perimeter Design District Dimensional Requirements:

(1)    Measured from inside edge of required perimeter sidewalk, if applicable. If existing utilities which cannot reasonably be relocated result in the planting of street trees on the property side of a sidewalk as provided for in LUC 20.25A.060, four feet are added to the required setback.

(2)    The maximum building height may only be achieved by participation in the FAR Amenity Incentive System, LUC 20.25A.030. In Subdistrict B, the maximum height may be exceeded by no more than 10 percent, and only if the applicant can demonstrate that the additional height accommodates architecturally integrated mechanical equipment, interesting roof forms, significant floor plate modulation, significant facade modulation, or other such unique architectural features, and that the resulting design exceeds the quality and design requirements of LUC 20.25A.110. In Subdistrict C, the maximum building height may be increased by no more than 15 percent and only if the applicant can demonstrate that the additional height accommodates architecturally integrated mechanical equipment, interesting roof forms, significant floor plate modulation, significant facade modulation, or other such unique architectural features; that the resulting design exceeds the quality and design requirements of LUC 20.25A.110; and that added height is necessary for provision of the neighborhood services listed in paragraph D.3 of this section.

(3)    The maximum permitted FAR may only be achieved by participation in the FAR Amenity Incentive System, LUC 20.25A.030. Where residential and nonresidential uses occur in the same building, the FAR is limited to the maximum FAR for the building type as determined in accordance with Note (8) and LUC 20.25A.020.A.2, Note (7). See LUC 20.25A.070.B for FAR requirements in Old Bellevue.

(4)    See LUC 20.25A.020.B for exceptions to minimum setback requirements.

(5)    Notwithstanding any other provisions of this Code, in Downtown-OB and all Downtown districts within Perimeter Design Subdistrict C, hotels and motels shall be considered as residential structures. In all other Downtown districts within Perimeter Design Subdistricts A and B, hotels and motels shall be considered as nonresidential structures.

(6)    The maximum lot coverage in Downtown-OB is 100 percent.

(7)    In Subdistrict C, the FAR amenity system in LUC 20.25A.030 may be used to achieve building height not to exceed 65 feet and FAR not to exceed 1.5. The maximum nonresidential FAR of 3.0 and maximum nonresidential 100-foot height may only be achieved through participation in the special bonus provisions in paragraph D.6 of this section.

(8)    Mixed use building type is applicable only in Perimeter District Subdistrict C. See paragraph D.6.d of this section for special provisions of the mixed use building type.

(9)    A parking structure may achieve the maximum permitted height if the development of the project limit area which contains the parking structure provides a bonusable amenity through participation in the FAR Amenity Incentive System, LUC 20.25A.030.

(10)    On lots that are bisected by the Downtown boundary, the Director may allow the minimum setback from the Downtown boundary to be measured from the perimeter property lines abutting other lots located outside the Downtown boundary. The modification must be consistent with the Perimeter District purpose statement contained in subsection B of this section. This provision may be used to modify only the setback location and not the minimum setback size.

3.    FAR Exemption. In Subdistricts A and B, the following uses are excluded from the gross building area for the purpose of calculating floor area ratio (FAR):

a.    Hardware (Retail)

b.    Food (Retail)

c.    Drugstores

d.    Personal Services

e.    Education

f.    Universities and Colleges

g.    Charitable and Social Service Organizations

h.    Religious Activities

i.    Library/Museum

j.    Art Gallery

k.    Child Care Services

l.    Gasoline Service Stations

m.    Garden Supplies

Nothing in this paragraph amends the uses permitted in a land use district as displayed in Chart 20.10.440 – Uses in Land Use Districts.

4.    Landscape Development.

a.    General. The standards of this paragraph supplement other landscape requirements of this Part 20.25A and LUC 20.20.520 for development in the Perimeter Design District.

b.    Linear Buffers.

i.    General. Any development situated within Perimeter Design District – Subdistrict A shall provide a “linear buffer” within the minimum setback adjacent to the Downtown boundary required by paragraph D.2 of this section. The purpose of this feature is to produce a green buffer that will soften the visual impact of the relatively larger buildings. These design standards are minimum requirements for the size and quantity of trees, shrubs and other “linear buffer” elements. The specific design of the “linear buffer” for each project site will be determined through the Design Review Process. Design considerations include but are not limited to the placement of elements and their relationship to adjacent property as well as to the proposed development. Different sets of design standards apply to each of the locational conditions.

ii.    Where the Downtown boundary falls within the Main Street, 100th Avenue NE or NE 12th Street right-of-way, the minimum setback from the Downtown boundary shall be landscaped according to the basic requirements and either Alternative A or B of the supplemental requirement.

(1)    Basic Requirements (applicable in all cases):

(a)    Must have a minimum width of 20 feet;

(b)    Must abut and be within three feet in elevation of a sidewalk, so as to be visually and physically accessible;

(c)    Must provide at least one sitting space for each 200 square feet of the perimeter setback area;

(d)    May not be used for parking; vehicular access drives shall be kept to a minimum;

(e)    Must be readily accessible to the public at all times;

(f)    Must include seasonal color in an amount of at least 10 percent of the perimeter setback area.

(2)    Supplemental Requirements:

(a)    Alternative A:

(i)    Three deciduous trees, with a minimum caliper of three inches, per each 1,000 square feet of the perimeter setback area; and

(ii)    Two flowering trees, with a minimum caliper of two inches, per each 1,000 square feet of perimeter setback area; and

(iii)    Ten evergreen shrubs, minimum five-gallon size, per 1,000 square feet of the perimeter setback area; and

(iv)    Any paved surfaces shall be no more than 10 percent of the perimeter setback area; and

(v)    Planting area must either be raised or sloped. If raised, the planting area shall be surrounded by a wall with a minimum height of 18 inches and a maximum height of 24 inches to allow for sitting.

(b)    Alternative B:

(i)    Three deciduous trees, with a minimum caliper of three inches, per each 1,000 square feet of the perimeter setback area; and

(ii)    Lawn greater than five feet in width or ground cover on at least 25 percent of the perimeter setback area; and

(iii)    Any paved surfaces shall be no more than 75 percent of the perimeter setback area; and

(iv)    Paved areas shall use brick, stone or tile in a pattern and texture that is level and slip-resistant; and

(v)    Opportunities for pedestrian flow from the sidewalk shall be frequent and direct. Changes in grade between the linear buffer and sidewalk shall be accommodated by steps or terraces, rather than walls.

iii.    Where the Downtown boundary abuts property outside the Downtown other than right-of-way described in paragraph D.4.b.ii of this section, the minimum setback from the Downtown boundary (or perimeter property lines when the setback has been relocated pursuant to Note 10 of subsection 20.25A.090.D.2) shall be landscaped as follows:

(1)    The entire setback (20 feet) shall be planted. No portion may be paved except for vehicular entrance drives and required mid-block pedestrian connections.

(2)    The setback must incorporate a berm having a minimum height of three and one-half feet.

(3)    The setback must be planted with:

(a)    Evergreen and deciduous trees, with no more than 30 percent deciduous, a minimum of 10 feet in height, at intervals no greater than 20 feet on center; and

(b)    Evergreen shrubs, a minimum of two-gallon in size, at a spacing of three feet on center; and

(c)    Living ground cover so that the entire remaining area will be covered in three years.

c.    Street Trees. Street trees required by LUC 20.25A.060.C along Main Street, 100th Avenue NE or NE 12th Street must be at least four inches in caliper.

5.    Special Design Standards. The following design standards apply to all development within the Perimeter Design District:

a.    Upper Level Stepback. A building facade facing any of the following streets must incorporate a 15-foot deep stepback in that facade at a height no more than 40 feet above average finished grade:

i.    The south side of NE 12th Street between 102nd Avenue NE and 112th Avenue NE; and

ii.    Both sides of Main Street between 100th Avenue NE and Bellevue Way NE; and

iii.    The north side of Main Street between 108th Avenue NE and 112th Avenue NE; and

iv.    The east side of 100th Avenue NE between the southwest corner and northwest corner of the Downtown boundary; and

v.    Both sides of 102nd Avenue NE between Main Street and NE 1st Street.

    Encroachments into this stepback are permitted for minor building elements subject to all the terms and conditions of LUC 20.20.025.C.

b.    Lighting. Lighting fixtures shall incorporate cutoff shields to minimize off-site impacts.

c.    Signs. All signs shall be an integral part of the architectural design and shall be consistent with the scale and architecture of the building.

6.    Special Bonus Provisions for Subdistrict C.

a.    The nonresidential 1.5 FAR may be exceeded in Subdistrict C only through the provision of neighborhood services and residential uses as provided in this paragraph.

b.    The nonresidential 1.5 FAR may be exceeded in Subdistrict C only if at least 25 percent of the bonus FAR square footage is comprised of neighborhood services; provided, that the Director of the Development Services Department may reduce the requirement to no less than 15 percent when at least 20 percent of all development on the site will consist of housing. Neighborhood services include the following uses:

i.    Hardware (retail)

ii.    Food (retail)

iii.    Drugstores

iv.    Personal services (as identified in LUC 20.10.440 Services Chart)

v.    Child care services    

vi.    Gasoline service stations

vii.    Garden supplies (retail)

c.    In Subdistrict C, the FAR amenity standards in LUC 20.25A.030.C apply except that the amenity bonuses which may be earned to exceed the nonresidential FAR of 1.5 are as follows:

i.    Neighborhood services, as defined in paragraph D.4 of this section, are bonused at a ratio of 2:1*; and

ii.    Residential uses, as described in LUC 20.25A.030.C.10 are bonused at a ratio of 1:1*.

*Measured as square feet of permitted development for each qualifying developed square foot of amenity.

d.    Mixed Use. In a mixed use building type, the maximum FAR of 3.0 is the limit of all nonresidential uses in the building. Additional floor area may be permitted only as necessary to provide the special bonus residential uses required by this section in order to achieve the nonresidential floor area above an FAR of 1.5. In no case may the total FAR exceed 5.0. For the purposes of these provisions, the residential uses may be located in a separate building or buildings within the same project limit as the nonresidential uses; however, the mixed use building height of the Perimeter Design District Dimension Chart shall apply.

E.    Design Guidelines.

1.    Development projects should include a mid-block street, where feasible, to provide more convenient circulation within the perimeter of the Downtown and to promote development with a human scale.

2.    Buildings should incorporate interior arcades, open courtyards, enclosed plazas or combinations thereof which offer mid-block pedestrian connections between perpendicular and/or parallel streets.

3.    Buildings should be clad with materials which minimize reflected light. Overhangs, awnings, sunscreens and other devices should be considered in order to minimize conditions of glare.

4.    Building facades should be divided into increments through the use of bay windows, offsets, angled facets, recesses and other architectural features which serve to break down the scale.

5.    Rooftops should incorporate features such as pitched or sloped forms, terraces, perimeter planting to soften an otherwise rectilinear profile.

6.    Surface parking should be concealed from street level views by berms, hedges, walls or combinations thereof.

7.    Special attention should be given to the provision of elements at or near the ground level such as awnings, recessed entries, water features, address signs, seasonal flower beds, seating, pedestrian-oriented uses and display kiosks. (Ord. 5717, 2-20-07, § 8; Ord. 5582, 2-7-05, §§ 8, 9; Ord. 5480, 10-20-03, § 16; Ord. 5372, 6-3-02, §§ 5, 6; Ord. 5147, 6-21-99, § 1; Ord. 5091, 8-3-98, §§ 12, 13; Ord. 4973, 3-3-97, § 112; Ord. 4816, 12-4-95, § 212; Ord. 4268, 7-1-91, §§ 4 – 7; Ord. 4235, 4-1-91, §§ 2, 3; Ord. 3747, 1-20-87, §§ 12, 13; Ord. 3553, 10-7-85, § 6)

20.25A.100 Downtown Core Design District.

A.    Definition of District.

The Downtown Core Design District encompasses the area bounded by the extension of the centerlines of 102nd Avenue NE on the west, NE 9th Street on the north, 112th Avenue NE on the east and NE 3rd Street on the south plus any area within the Downtown-O-2 Land Use District not described above.

B.    Purpose.

The purpose of the Downtown Core Design District is to implement the Downtown Subarea Comprehensive Plan Policies by providing more specific development guidelines, and by assuring high levels of attractiveness, urbanity, design quality, and coordination of development within the most intensive, visible portion of Downtown.

C.    All Development Subject to Design Review.

All development within the Downtown Core Design District must be reviewed by the Director of the Development Services Department through Design Review, Part 20.30F LUC.

D.    Review Criteria.

The Director of the Development Services Department shall use the Downtown Design Review Criteria, LUC 20.25A.110, and the provisions of this section in deciding upon an application for development in the Downtown Core Design District.

E.    Downtown Core Design District Guidelines.

1.    Major Pedestrian Corridor.

a.    Purpose. The major pedestrian corridor is to serve as a focus for pedestrian use.

b.    Location. The alignment of the major pedestrian corridor is defined as the area within 30 feet of the extension of the north line of Lots 3 and 4, Block 2 of Cheriton Fruit Gardens Plat No. 1 recorded in the King County Department of Records and Elections in Volume 7 of Plats at page 47, extending from the eastern edge of the enclosed portion of Bellevue Square to 108th Avenue NE and the area within 30 feet north of the north curb and 30 feet south of the south curb of the Bellevue Transit Center traffic lanes as hereafter approved by the City, extending across the 108th Avenue NE right-of-way and to 110th Avenue NE. This alignment may be modified by the Bellevue Pedestrian Corridor Guidelines or by a Corridor Development Design Plan for a specific property.

c.    Bellevue Pedestrian Corridor Guidelines. Each development abutting the pedestrian corridor as described in paragraph E.1.c.v of this section must comply with the provisions of this paragraph and the Bellevue Pedestrian Corridor Guidelines and Major Open Space Design Guidelines as adopted by the City Council, or as the same may hereafter be amended. The Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines consist of general design guidelines consistent with provisions of this paragraph.

i.    The corridor must present a coordinated design. The City will consider coordinated design features such as uniform treatment of signing, landscaping and lighting over the entire length of the corridor. Variety in design will be allowed and in some cases encouraged in order to provide visual interest and harmony with adjacent development. The corridor must incorporate numerous pedestrian amenities such as seating areas, landscaping, art features, weather protection and pedestrian scale lighting.

ii.    The major pedestrian corridor must provide predominantly continuous pedestrian-oriented frontage, plazas, pedestrian ways, street arcades, landscape features, or enclosed plazas along its entire length.

iii.    The entire corridor must be open to the public 24 hours per day. Segments of the corridor may be bridged or covered for weather protection, but not enclosed. Temporary closures will be allowed as necessary for maintenance purposes.

iv.    Pedestrian movement across 104th Avenue NE, 106th Avenue NE or 108th Avenue NE shall be at grade.

v.    The major pedestrian corridor width is established as part of the Bellevue Pedestrian Corridor Guidelines. The corridor width shall average 60 feet and in no case be less than 40 feet over each superblock west of 108th Avenue NE, and shall average 30 feet and in no case be less than 20 feet on each side over the superblock extending from the western edge of the 108th Avenue NE right-of-way to 110th Avenue NE.

    All subdivisions or short subdivisions hereafter approved or permits for any structure or permanent parking or circulation area shall be reviewed for compatibility with the alignment of the major pedestrian corridor and major public open space as specified in paragraph E.1.b of this section or in the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines if any lot line, structure or permanent parking or circulation area is within:

(1)    330 feet of the centerline of the major pedestrian corridor if west of 108th Avenue NE; or

(2)    The area between the exterior edge of the curblines of the Transit Center and the eastward extension of the trigger lines as defined in paragraph E.1.c.v(1) of this section to 110th Avenue NE.

d.    Preservation of the Major Pedestrian Corridor.

i.    Prior to the issuance of a Building Permit for any structure other than surface parking; and other than any interior remodel or exterior remodel which enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; located within the major pedestrian corridor as defined in paragraph E.1.b of this section, the following conditions must be met:

(1)    The alignment of the major pedestrian corridor related to the proposed structure or permanent parking or circulation area must be established by the execution and recording of a legal agreement in accordance with paragraph E.1.e.i or ii of this section.

(2)    A Design Development Plan for the section of the corridor required to be constructed under paragraph E.1.c.iii of this section. Corridor must be approved by the Director of the Development Services Department as required by paragraph E.1.e.ii of this section. Construction must begin prior to the issuance of certificate of occupancy or a temporary certificate of occupancy for the structure other than surface parking as required by paragraph E.1.e.iii(2) of this section.

ii.    Building Permits for surface parking areas to be located in this corridor as defined in paragraph E.1.b of this section may be granted for up to a five-year period, subject to the landscape requirement for surface parking areas in the Downtown-MU Land Use District, as specified in LUC 20.25A.040. Building Permits for parking areas may be renewed only if the Director of the Development Services Department finds that an extension is necessary to meet the maximum Code requirements for parking and the extension is necessary for the construction of a building requiring utilization of the surface parking area.

e.    Provision of the Corridor.

i.    If the property owner wishes to at any time obtain bonus FAR for construction of the major pedestrian corridor, the City may approve the subdivision or short subdivision of property resulting in any interior lot line which is within the distances specified in paragraph E.1.c.v of this section only if:

(1)    The owner of the property to be subdivided or short subdivided executes a legal agreement providing that all property that he/she owns within the superblock in which any of property to be subdivided or short subdivided is located and which is within the alignment of the major pedestrian corridor established under paragraph E.1.b, E.1.c or E.1.e.iii of this section (hereafter the “Corridor Property”) shall be subject to a nonexclusive right of pedestrian use and access by the public. The agreement shall legally describe and shall apply to only that property of the owner located within the distances specified in paragraph E.1.c.v of this section. Such an agreement shall further provide that:

(a)    The public right of pedestrian use established thereunder shall be enforceable by the City of Bellevue, and the City shall have full rights of pedestrian access to and use of the corridor property for purposes of enforcing the rights of the public under this agreement.

(b)    The obligations under the agreement shall run with the corridor property. The agreement shall be reviewed at the end of 50 years from the date the agreement is signed and shall continue or change in accordance with the then existing public need for pedestrian use and access of the corridor for subsequent 50-year terms.

(c)    The owner will design and construct the corridor within such corridor property in accordance with the requirements of paragraph E.1 of this section.

(d) The agreement shall be recorded with the King County Department of Records and Elections.

(e)    The owner will maintain the portion of the corridor located on the corridor property and keep the same in good repair.

(f)    The City will provide adequate police protection.

(g)    No modifications may be made to the corridor without approval of the City in accordance with paragraph E.1.e.ii of this section.

(h)    The alignment of any such portion of the pedestrian corridor established by a legal agreement may be modified or terminated by the property owner and the City if the alignment of any section of the major pedestrian corridor changes pursuant to paragraph E.1.e.ii of this section.

(i)    The owner may adopt reasonable rules and regulations for use of his/her portion of the corridor; provided, that the same may not be inconsistent with the requirements or intentions of this section.

(j)    Any other terms and conditions that the owner(s) and the City agree to.

ii.    Corridor Design Development Plan. Prior to the issuance of a Building Permit for the construction of any structure other than surface parking; and other than any interior remodel or exterior remodel which enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; on the property, any portion of which abuts the major pedestrian corridor and is within the distances specified in paragraph E.1.c.v of this section, a Design Development Plan for the section of the corridor required to be constructed under paragraph E.1.e.iii of this section must be submitted to and approved by the Director of the Development Services Department, through Design Review, Part 20.30F LUC. If the owner constructs a temporary pedestrian linkage under paragraph E.1.e.iii of this section, preparation of the Corridor Design Development Plan will not be required until the property to be developed is located within:

(1)    130 feet of the centerline of the major pedestrian corridor, west of 108th Avenue NE; or

(2)    The area between the exterior edge of the curblines of the Transit Center and the eastward extension of the trigger lines as defined in paragraph E.1.e.ii(1) of this section to 110th Avenue NE. The proposed plan must specify the following elements:

(a)    Landscaping,

(b)    Lighting,

(c)    Street furniture,

(d)    Color and materials,

(e)    Relationship to building frontage,

(f)    Specific alignment for property on which the corridor will have to be constructed by the applicant proposing development,

(g)    Any other physical element which the Director of the Development Services Department and the City Council, in their review, determine is necessary for and consistent with the Design Development Plan for a specific section of the major pedestrian corridor, not including specific requirements to construct structures containing retail uses abutting the corridor.

iii.    The City may issue a permit for the construction of a structure other than surface parking and other than any interior remodel or exterior remodel which enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; on property any part of which abuts the major pedestrian corridor and is within the distances specified in paragraph E.1.c.v of this section at the time of the adoption of Ordinance No. 2945 only if:

(1)    The owner complies with paragraph E.1.e.i(1)(a) through (j) of this section if that owner wishes to earn bonus FAR for construction of the major pedestrian corridor; and

(2)    The owner files a Building Permit application to construct his/her section of the corridor on (a) land he/she owns within the corridor and within the superblock of the subject construction permit for a structure, and (b) on one-half the width of any abutting City-owned land in the corridor (except for intersections listed below). The City shall initiate or abutting property owners may initiate a street vacation for right-of-way the City owns between 104th Avenue NE and 106th Avenue NE at NE 6th Street in conjunction with or prior to an owner application to construct the major pedestrian corridor. Actual construction of the corridor must begin prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the structure other than surface parking. The City shall construct the corridor at the street intersections of the corridor and 104th Avenue NE, 106th Avenue NE, and 108th Avenue NE. The width of the corridor that would have to be constructed under the requirements of paragraph E.1.e.iii of this section may be modified when the final alignment of the corridor is established as part of Corridor Design Development Plan (paragraph E.1.e.ii of this section). Notwithstanding this potential change in the width of the corridor that would have to be constructed under paragraph E.1.e.iii of this section, property owners shall at a minimum be required to construct the section of the corridor as specified in paragraph E.1.e.iii(2)(a) of this section. Building Permits for surface parking areas to be located on property any part of which abuts the major pedestrian corridor and is within the distances specified in paragraph E.1.c.v of this section at the time of the adoption of the ordinance codified in this chapter may be issued subject to the conditions specified in paragraph E.1.d.ii of this section. Notwithstanding any other requirement of this section, if a temporary pedestrian linkage is constructed as specified in paragraph E.1.f of this section, construction of the corridor will not be required unless the property to be developed is located within the distances specified in paragraph E.1.e.ii of this section.

f.    Temporary Pedestrian Linkage.

i.    Any temporary pedestrian linkage developed under paragraph E.1.c.iii of this section shall at a minimum include a combination of paving, landscaping and lighting to permit safe pedestrian movement at night.

ii.    The City Council must approve a plan for any temporary pedestrian linkage to be prepared as part of a Corridor Design Planning process following the procedures of Process IV, LUC 20.35.400 et seq. The Planning Commission shall be the advisory body.

iii.    Any owner constructing a temporary pedestrian linkage under paragraph E.1.e.iii of this section must construct the linkage across all lands that he/she owns within the superblock where development is proposed that abut or are within the alignment of the corridor.

g.    Maintenance. Each segment of the major pedestrian corridor shall be maintained by the property owners abutting it. The City shall maintain the intersections of all public streets with the corridor.

h.    Bonus Floor Area for Major Pedestrian Corridor Construction. Bonus floor area associated with the major pedestrian corridor, LUC 20.25A.030, shall be awarded to owners of property within the distances specified in paragraph E.1.c.v of this section through Design Review, Part 20.30F LUC, and according to the provisions of paragraph E.1.e.iii(2) of this section, in conjunction with an application for a permit to construct a structure, permanent parking, or circulation area within the major pedestrian corridor and the provision of a legal agreement establishing the public right of pedestrian use pursuant to paragraph E.1.e.i(1)(a) through (j) of this section.

i.    Exempt Activity/Use. Notwithstanding the provisions of paragraph E.1 of this section, the following activities and uses may occur on property within the distances specified in paragraph E.1.c.v of this section without concurrent construction of the major pedestrian corridor, the temporary pedestrian linkage or the intermediate pedestrian corridor:

i.    Surface parking approved pursuant to paragraph E.1.d.ii of this section;

ii.    Landscape development;

iii.    Street, access and sidewalk improvements, including the Transit Center as provided for in paragraph E.2 of this section;

iv.    Any interior remodel;

v.    Any exterior remodel; provided, that if exterior dimensions are enlarged new floor area may not exceed a total of 20 percent of the gross floor area of the structure as it existed on the effective date of this provision; and provided, that all new pedestrian level floor area is devoted to pedestrian-oriented uses;

vi.    Development of the temporary pedestrian linkage or the intermediate pedestrian corridor.

j.    Intermediate Pedestrian Corridor.

i.    Notwithstanding any provision of this Code which requires construction of the major pedestrian corridor, a property owner may phase construction of that section of the major pedestrian corridor otherwise required to be built by delaying any portion not directly abutting or adjacent to the project limit which triggered the construction requirement if the owner provides an intermediate pedestrian corridor for that delayed portion of the corridor property which:

(1)    Is at least 16 feet in width from the centerline of the major pedestrian corridor west of 108th Avenue NE, or extending outward from the exterior edge of the north or south curblines of the Bellevue Transit Center traffic lanes. This space shall be designed to include a minimum four feet edge separating and defining the space, a minimum eight feet pedestrian movement area and a minimum four feet recreation/activity area.

(2)    Incorporates lighting, planting, seating, and scored or decorative paving.

(3)    Provides a sense of enclosure along the exterior edge of the space by the use of a design element which both physically and visually separates the intermediate corridor from abutting property. Nonexclusive examples of such an element include a sculptural wall, dense planting, or berm.

(4)    Is consistent with the applicable provisions of the Bellevue Pedestrian Corridor Guidelines, as determined by the Director of the Development Services Department.

ii.    Design for any intermediate pedestrian corridor must be approved through Design Review, Part 20.30F LUC, in conjunction with the Design Development Plan for the major pedestrian corridor required to be constructed.

iii.    An intermediate pedestrian corridor satisfies any requirement of this Code to construct the temporary pedestrian linkage.

iv.    Space developed as an intermediate pedestrian corridor must be replaced by the major pedestrian corridor at the time of development on any project limit abutting or adjacent to the major pedestrian corridor. Construction of the major pedestrian corridor must be in conformance with all requirements of paragraph E.1.e of this section.

2.    Transit Center.

a.    Purpose. The Transit Center is to provide the opportunity for intra-Eastside and regional bus routes to be timed and coordinated in a manner to maximize bus service for Bellevue Downtown employees, shoppers, and Bellevue residents.

b.    Location. The Transit Center is located within the Core Design District on NE 6th Street between 108th Avenue NE and 110th Avenue NE. Any location of the Transit Center serving the Downtown must:

i.    Be coordinated with feasible transit routes;

ii.    Be coordinated with efficient traffic operation;

iii.    Be compatible with private development in the immediate vicinity;

iv.    Permit the opportunity for phased construction; and

v.    Be compatible with areas of pedestrian focus.

c.    Design.

i.    The design of the Transit Center must maximize accessibility for passengers and buses while providing a high level of adjacent pedestrian-oriented activity and employment density. The Center must include bus access lanes, bus stalls, and passenger shelters. It may be integrated into another privately or publicly developed facility.

ii.    If the Transit Center is constructed prior to construction of the abutting major pedestrian corridor, a sidewalk at least eight feet wide, a street tree planting area at least four feet wide, and lighting shall be developed on each side of the transit center traffic lanes. Any individual street tree planting area must be at least four feet by four feet. The design of this interim pedestrian improvement shall be compatible with the design of the Transit Center improvements.

iii.    Provision of a sidewalk, street trees and lighting must satisfy the construction requirements of the temporary pedestrian linkage (paragraph E.1.f of this section).

3.    Pedestrian Connections. See LUC 20.25A.060.

4.    Major Public Open Spaces.

a.    Purpose. Major public open spaces serve as focal points for pedestrian activity within the Downtown Core Design District, and are design elements fully integrated with the major pedestrian corridor.

b.    Location. The major public open spaces are to be located at or near the junction of the major pedestrian corridor and:

i.    Bellevue Way;

ii.    106th Avenue NE;

iii.    110th Avenue NE.

c.    Design. Each development abutting a location of the major open public spaces as defined in paragraph E.4.b of this section must comply with the provisions of this paragraph and the Bellevue Pedestrian Corridor Guidelines and Major Public Open Space Guidelines as adopted by the City Council, or as the same may hereafter be amended. The Bellevue Pedestrian Corridor and Major Open Space Design Guidelines consist of general design guidelines consistent with provisions of this paragraph.

i.    The major public open spaces must be designed with numerous pedestrian amenities such that these areas serve as focal points. Pedestrian amenities include elements such as seating, lighting, special paving, planting, food and flower vendors, artwork and special recreational features. Design must be coordinated with that of the major pedestrian corridors.

ii.    The major public open spaces at or near 106th Avenue NE and 110th Avenue NE shall be a minimum of 30,000 square feet in size. A maximum of 37,000 square feet is allowed for the purpose of obtaining bonus floor area. The major public open space at or near Bellevue Way shall be a minimum of 10,000 square feet in size. A maximum of 15,000 square feet is allowed for the purpose of obtaining bonus floor area.

iii.    Area devoted to a major public open space must be in addition to any area devoted to the major pedestrian corridor.

iv.    Pedestrian-oriented frontage is required on at least two sides of a major public open space unless the major public space is linear in design, in which case pedestrian-oriented frontage is required on at least one side.

d.    Specific Development Mechanism.

i.    General. The provisions of paragraph E.4.d of this section establish alternative development mechanisms and specific requirements for each of the major public open spaces. Each affected property owner must comply with the major public open space design and construction requirements. Only those property owners who establish public access through a recorded legal agreement may utilize the FAR bonus for these open spaces.

ii.    Ownership. The owners of property to be devoted to a major public open space will retain fee ownership of that property.

iii.    Public Access – Legal Agreement.

(1)    Each owner of property to be devoted to a major public open space who chooses to participate in the FAR bonus system for a major public open space shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public.

(2)    The agreement shall further provide that the public right of pedestrian use established thereunder shall be enforceable by the City of Bellevue, and the City shall have full rights of pedestrian access to and use of the major public open space for purposes of enforcing the rights of the public under the agreement.

(3)    The agreement shall be recorded with the King County Division of Records and Elections and Bellevue City Clerk.

(4)    The obligations under the agreement shall run with the land devoted to a major public open space. The agreement shall be reviewed at the end of 50 years from the date the agreement is signed and shall continue or change in accordance with the then-existing public need for pedestrian use and access of a major public open space for subsequent 50-year terms.

(5)    The owner of property to be devoted to a major public open space will maintain that portion of the major public open space and keep the same in good repair.

(6)    The owners of property to be devoted to a major public open space may adopt reasonable rules and regulations for the use of that space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access and the intention of paragraph E.4.d.iii of this section.

iv.    Arrangement of Space. The general apportionment, location, and major design features of at least the minimum area of a major public open space shall be established as part of the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines. The specific apportionment and specific design of a major public open space on each affected parcel shall be established through the Design Development Plan described in paragraph E.4.d.x of this section.

v.    Development Rights. Space above and beneath the area to be devoted to a major public open space may be developed by the property owner so long as that development is not in conflict with any established pedestrian use of and access to the major public open space, the intentions of paragraph E.4.d.iii of this section, if applicable, and the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines.

vi.    Floor Area Ratio.

(1)    Basic. Area to be devoted to a major public open space may at any time be used to calculate the basic floor area ratio of development for any project limit which incorporates that major public open space, or of development on property in the same ownership which abuts property which incorporates the major public open space. For purposes of this provision, abutting property includes all property in the same ownership separated from the major public open space by only a single public right-of-way. Any transfer of basic floor area to an abutting property must be recorded with the King County Division of Records and Elections and Bellevue City Clerk.

(2)    Bonus.

(a)    Bonus floor area at the ratio of 16 square feet of floor area to one square foot of major public open space will be awarded to owners of property to be devoted to the major public open space who provide a recorded legal agreement pursuant to paragraph E.4.d.iii of this section upon approval of an application to construct that major public open space.

(b)    Bonus floor area earned for construction of a major public open space may be:

(i)    Transferred to any other property within the area of the Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street. Properties may utilize transferred floor area only to the extent that the building height does not exceed limits depicted on the map entitled “Height Limits in the Core Design District” in LUC 20.25A.030.E. Each transfer must be recorded with the King County Division of Records and Elections and Bellevue City Clerk; and

(ii)    Utilized to exceed the maximum building height of structures on the project limit incorporating the major public open space, or of structures to which the bonus floor area is transferred, subject to the limitations in paragraph E.4.d.vi(2)(b)(i) of this section.

vii.    Construction Required. Subject to paragraph E.4.d.viii of this section, construction by the property owner of all or part of a major public open space on property in that ownership at the location identified in the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines is required in conjunction with any development on property in that ownership within:

(1)    175 feet of the intersection of the eastern edge of the 106th Avenue NE right-of-way and the centerline of the major pedestrian corridor, but including only that area east of the 106th Avenue NE right-of-way; or

(2)    175 feet of the intersection of the centerline of the 110th Avenue NE right-of-way and the centerline of the major pedestrian corridor, or the extension thereof; or

(3)    175 feet of the intersection of the centerline of the Bellevue Way right-of-way and the centerline of the major pedestrian corridor.

viii.    Exempt Activity/Use. Notwithstanding the provisions of paragraph E.4.d.vii of this section, the following activities and uses may occur on property described therein without concurrent construction of the major public open space:

(1)    Surface parking, subject to the landscape development provisions of this Code, for a period of not more than five years;

(2)    Temporary major pedestrian corridor improvements in conformance with the Interim Corridor Design Plan;

(3)    Landscape development;

(4)    Street improvements including the Transit Center as provided for in paragraph E.2 of this section;

(5)    Any interior remodel;

(6)    Any exterior remodel which enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added, and all new floor area is devoted to pedestrian-oriented uses.

ix.    Major Public Open Space Design.

(1)    Prior to issuance of a Building Permit for any structure which requires construction of all or part of a major public open space, or prior to actual construction of all or part of a major public open space, whichever comes first, the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines shall contain an illustrative design generally apportioning the minimum required amount of major public open space for that entire open space. Each major public open space may have a separate illustrative design.

(2)    The property owners shall record the approved illustrative design with the King County Division of Records and Elections and Bellevue City Clerk.

x.    Design Development Plan.

(1)    Prior to issuance of a Building Permit for any structure which requires construction of all or part of a major public open space, or prior to actual construction of all or part of a major public open space, whichever comes first, a Design Development Plan for that portion to be constructed must be submitted to and approved by the Director of the Development Services Department.

(2)    The Director of the Development Services Department shall review the plan, or amend any approved plan through Design Review, Part 20.30F LUC. Alternatively, the City Council may review and adopt the plan as part of an action on any project subject to the City Council Design Review process, LUC 20.30F.116. A plan approved by the Council through the City Council Design Review process may be amended by the Director through Part 20.30F LUC.

(3)    The proposed plan must specify the following elements:

(a)    Landscaping;

(b)    Lighting;

(c)    Street furniture;

(d)    Color and materials;

(e)    Relationship to building frontage;

(f)    Specific location of the major public open space;

(g)    All design features required pursuant to paragraph E.4.c of this section;

(h)    Relationship to and coordination with other portions of the major public open space, and with the major pedestrian corridor;

(i)    Any other physical element which the Director of the Development Services Department determines is necessary for and consistent with the Major Public Open Space Design Plan.

5.    Minor Publicly Accessible Spaces.

a.    Purpose. Minor publicly accessible spaces provide relief from high intensity urban development, serve as visual gateways to the intensive Downtown Core, and provide opportunities for active or passive recreation.

b.    Location. Minor publicly accessible spaces shall be located along Bellevue Way and 108th Avenue NE approximately at their intersections with NE 8th Street, NE 6th Street and NE 4th Street. Additionally, at least two spaces shall be located in each superblock based on coordination of design and proximity to other publicly accessible spaces, or pedestrian connections.

c.    Design Guidelines.

i.    Minor publicly accessible spaces may be outdoors or enclosed as long as adequate access is provided and their existence is easily identifiable.

ii.    A minor publicly accessible space must be open at least during the hours of 8:00 a.m. to 10:00 p.m., or during the hours of operation of adjacent uses, whichever is lesser.

iii.    A minor publicly accessible open space must be developed as a plaza, enclosed plaza, or art or landscape feature. The design criteria of LUC 20.25A.030.C must be met, and the FAR amenity bonus may be utilized.

iv.    Directional signage shall identify circulation routes for all users and state that the space is accessible to the public at the times specified by subsection E.5.c.ii. of this section. The signage must be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this section and achieves the design objectives for the building and the site.

d.    Public Access – Legal Agreement.

i.    Owners of property that is used for a minor publicly accessible open space shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of operation.

ii.    The agreement shall provide that the public right for pedestrian use shall be enforceable by the City of Bellevue, and the City shall have full rights of access to the minor publicly accessible space and associated circulation routes for purposes of enforcing the rights of the public under this agreement.

iii.    Owners of property subject to this legal agreement will maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access, and are consistent with this section.

iv.    The agreement shall be recorded with the King County Division of Records and Elections and the Bellevue City Clerk.

6.    View Preservation Corridors.

a.    Purpose. View preservation corridors retain the opportunity for viewing Lake Washington, the Seattle skyline, the Olympic Mountains and the Cascade Mountains from the major public open spaces and the major pedestrian corridor.

b.    Design Criteria. Consideration must be given to the identification and preservation of these views in the siting, orientation and bulk of structures in the Core Design District.

7.    Upper Level Stepback. Each building facade within the Core Design District facing NE 4th, NE 8th or Bellevue Way must incorporate a minimum 20-foot-deep stepback at a height between 25 feet and the level of the first floorplate above 40 feet. This required stepback may be modified or eliminated if the applicant demonstrates through Design Review (Part 20.30F LUC) that: (a) such stepback is not feasible due to site constraints, such as a small or irregularly shaped lot, or (b) the modification is necessary to achieve design elements or features encouraged in this Section 20.25A.100 or the provisions of LUC 20.25A.110 and the modification does not interfere with preserving view corridors. Where a modification has been granted under LUC 20.25A.020.B.4, the upper level stepback may be incorporated between 25 feet and the level of the first floorplate above 45 feet. (Ord. 6277, 3-7-16, § 15; Ord. 5582, 2-7-05, §§ 10, 11, 12; Ord. 5497, 11-17-03, § 5; Ord. 5480, 10-20-03, § 17; Ord. 5372, 6-3-02, § 7; Ord. 5242, 10-2-00, § 1; Ord. 5100, 10-19-98, §§ 2, 3, 4; Ord. 5050, 1-20-98, § 7; Ord. 4973, 3-3-97, § 113; Ord. 4816, 12-4-95, § 213; Ord. 4654, 6-6-94, § 43; Ord. 4268, 7-1-91, §§ 8, 9; Ord. 3901B, 5-16-88, § 3; Ord. 3530, 8-12-85, §§ 46 – 53; Ord. 3498, 5-27-85, §§ 57 – 59, 61, 62; Ord. 3272, 11-21-83, §§ 1 – 5, 7 – 9)

20.25A.110 Design Review criteria.

The Director of the Development Services Department will consider the extent to which a proposal complies with the following criteria whenever a decision using Design Review, Part 20.30F LUC, is required by this Part 20.25A. Additional design criteria from other sections of this Part 20.25A may also apply to specific projects.

A.    Site Design Criteria.

1.    Vehicular Circulation and Parking.

a.    Provide efficient vehicular access to parking and service areas which is coordinated on a superblock basis.

b.    Coordinate the location of vehicular and pedestrian mid-block connections, considering opportunities for mid-block crossings.

c.    Provide for safe and pleasant movement within the Downtown for the pedestrian and bicyclist.

d.    Maximize the separation of vehicular traffic from pedestrian areas by means of level changes, space and distance, or landscaping.

e.    Incorporate retail shopping space at ground level into parking structures whenever practical and appropriate.

f.    Minimize the location of parking adjacent to pedestrian connections.

g.    Limit the number of driveway openings and the number of access lanes in each opening.

h.    Where appropriate, fit garages into the topography and make use of garage roofs for public open space, recreation or landscaped areas.

i.    Maximize the use of underground parking.

2.    Pedestrian Circulation and Amenities. See LUC 20.25A.060.

3.    Wind and Sun.

a.    Ensure that the form and placement of buildings consider desirable year-round conditions of sun and shade in surrounding open spaces and public areas.

b.    Design new buildings with wind conditions in mind so as to shelter pedestrians from undesirable winds, particularly on the ground, and in publicly accessible areas.

c.    Consider how new buildings might incorporate outdoor spaces of calm, especially for winter, and places of suitable breeziness in summer at levels of pedestrian activity.

d.    Consider wind and sun in design of landscaping: e.g., evergreen tree-planting as wind blocks, or deciduous trees on south and west sides of open spaces to maximize winter sun penetration.

4.    Open Space.

a.    Design and locate open spaces, such as plazas, squares and large landscaped areas, to work as part of a comprehensive system of spaces in the Downtown.

b.    Design open spaces to provide for maximum use by a wide range of people.

c.    In designing open spaces, especially plazas, consider the following:

i.    Orientation. Orient to sunlight and provide good physical and visual access to the sidewalk, so that the space is perceived as an extension of the sidewalk.

ii.    Dimensions. Design as adequate for seating, planting, etc., but not so large as to appear barren and uninviting.

iii.    Seating. Provide comfortable height and depth, and appropriate arrangement.

iv.    Pavement. Use nonglare, nonslip, and safe surface materials.

v.    Trees and Planting. Consider provision for shade and sun. Use to create space and define human scale. Provide protection from wind.

vi.    Amenities. Use pedestrian-scaled lighting, fountains, litter receptacles, bicycle racks, and sheltered waiting areas.

vii.    Provision of Space for Attractions. Design to permit vendors, outdoor cafes, rotating art displays, or abutting retail activity.

viii.    Physical Access. Ensure ready physical as well as visual access with special attention to elevational difference.

ix.    Enclosure. Use landscaping or structure to provide a sense of enclosure.

5.    Light and Glare.

a.    Consider and mitigate light and glare impacts upon major public facilities, streets and major public open spaces.

b.    Mitigating measures may include use of low-reflecting building materials, landscaping, tilting of reflective panels, reorientation of the building or the addition of screening devices such as louvered screens and marquees.

B.    Downtown Patterns and Context.

1.    Natural Setting and Topography.

a.    Make creative use of any existing topographic variations in site design and location of buildings, circulation patterns, parking area design and public spaces to enhance the setting and provide variety.

b.    Make maximum use of views to mountains, Lake Washington and the Seattle skyline.

c.    Seek high quality of design for all buildings constructed at prominent locations. These locations may include areas on ridge crests and hilltops, fronting and public open spaces, those closing a vista and those affording a silhouette against the sky.

2.    Landscape Design.

a.    Make effective use of significant landscape features to complement and contrast with building forms. This includes massing of plant materials to constitute a recognizable visual unit which contrasts effectively with built forms.

b.    Encourage retention of significant existing vegetation, where it can be incorporated into efficient site design and maintained in a safe and healthful condition.

c.    Consider the location or relocation of traffic control boxes, power vaults, utility boxes and similar features in the design of the pedestrian areas to minimize the impact on the visual and physical quality of the pedestrian environment.

3.    Views.

a.    Consider the negative impact of a building on views, both from existing buildings and future developable or redevelopable sites.

b.    Consider the availability of public views from public spaces such as streets, street intersections, parks, plazas and areas of pedestrian concentration.

4.    Building Height and Bulk.

a.    Buildings near public open spaces should permit visual access and, where feasible, physical access to the public open space.

b.    Wherever practicable, buildings should be oriented to minimize the shadows they cast on publicly accessible open spaces.

c.    Encourage slender towers, particularly at upper levels.

d.    Discourage buildings of extreme rectangular shape which tend to be out of proportion for their floor area.

e.    Encourage spacing between towers to retain the feeling of an open, airy Downtown.

f.    For buildings outside the Core Design District, encourage building massing which minimizes visual impacts to surrounding residential neighborhoods.

g.     Stepbacks required for diminished floorplate buildings, LUC 20.25A.020.A.2(22), should be oriented to the public street or streets adjacent to the building site to maximize the availability of light and air at the street level and to preserve view corridors. Where the site abuts more than one public street, preference for the orientation of the stepback should be given to the street intended to have the highest orientation to pedestrians as provided by LUC 20.25A.115, Design Guidelines: Building/Sidewalk Relationships.

h.    Encourage rooftop features, appropriate to the overall height and scale of the building, to modify an otherwise unmodulated profile.

5.    Transitions. In transitions between districts in the Downtown and between properties, the lower portions of buildings should be designed to promote easy circulation, good relationships among open spaces, visual connection in scale, and maximum penetration of sunlight to the ground level.

6.    Patterns of Activity.

a.    Maximize opportunities for vital, pedestrian-level activity in all areas of the Downtown.

b.    Provide space for a variety of appropriate activities accessible to the public at large in the Downtown, especially at ground level and at main pedestrian levels.

c.    Uses and activities that are nonpublic or nonpedestrian in nature should not be located adjacent to pedestrian areas.

7.    Signage.

a.    Ensure that signage is an integral part of the architectural design.

b.    Encourage signage which is scaled to the pedestrian and enhances the pedestrian environment.

c.    Signage must comply with the applicable requirements of Chapter 22B.10 BCC, now or as hereafter amended. (Ord. 5717, 2-20-07, § 9; Ord. 5582, 2-7-05, §§ 13, 14, 15, 16; Ord. 5497, 11-7-03, § 6; Ord. 5050, 1-20-98, § 8; Ord. 4973, 3-3-97, § 114; Ord. 4816, 12-4-95, § 214; Ord. 4268, 7-1-91, § 10; Ord. 3530, 8-12-85, § 54; Ord. 3498, 5-27-85, § 63; Ord. 3262, 6-6-83, § 2)

20.25A.115 Design Guidelines – Building/Sidewalk Relationships.

A.    General.

1.    Each development within a Downtown Land Use District must comply with the applicable provisions of that document entitled “Design Guidelines – Building/Sidewalk Relationships,” now or as hereafter amended pursuant to the provisions of that document.

2.    For purposes of applying the FAR Amenity Incentive System, the “City Center District” shall mean that area of the Downtown bounded by 100th Avenue NE, 112th Avenue NE, NE 4th Street and NE 8th Street.

3.    For purposes of applying the Amenity Incentive System, a level shall be considered the ground level so long as less than half of that ground level story height is located above or below the average finished grade of the adjacent public right-of-way or pedestrian connection. The two stories immediately above the ground level story and intended to activate the ground level pedestrian environment through demonstrated compliance with this section shall be considered an upper level.

B.    Development Standards.

Each development located on a street designated pursuant to Section IV.E. of the Design Guidelines – Building/Sidewalk Relationships shall comply with the following standards within the project limit:

Right-of-Way Designation

Required Street Wall Conditions1

“A” Rights-of-Way

100% of street wall within project limit shall incorporate retail activities.

“B” Rights-of-Way

100% of street wall within project limit shall incorporate retail activities and service activities, at least 50% of which shall be retail activities.

“C” Rights-of-Way

Each street wall within the project limit shall incorporate some amount of service activities and commercial activities.

“D” Rights-of-Way

Each street wall within the project limit shall incorporate some amount of service activities and commercial activities.

“D/R” Rights-of-Way

At least 50% of the street wall within the project limit shall incorporate one or more of: service activities, commercial activities, landscape features, terraced planters, residential entry courtyards, or plazas.

1    A project shall be considered to comply with the proportional requirements set forth above even though some portion of the street wall incorporates required access points supporting allowed uses in the project.

C.    Retail Activities Exempt from FAR.

Each square foot of floor area of retail activities that satisfies the requirements of LUC 20.25A.020.B.7 shall be eligible for an exemption from calculating FAR for the proposal in the following proportion:

Location of Retail Activity

Amount Exempt from FAR: Amount of Retail Activity Provided (sq. ft.)

Ground level

1:1

Mid-Block Retail Connection at Ground Level

1:1

Upper Level Within the City Center District

1:1

Upper Level Outside the City Center District

0.5:1

D.    Mid-Block Retail Connection.

The exemption allowed pursuant to LUC 20.25A.020.B.7. and this section may be earned for retail activities in compliance with subsection C above when located on a mid-block retail connection designed in accordance with the Guidelines and Standards for Mid-Block Retail Connections in Section IV.F of the Design Guidelines – Building/Sidewalk Relationships.

The pedestrian connections required in other sections of this Part 20.25A LUC are not required to be Mid-Block Retail Connections. However, any pedestrian connection meeting the criteria of this section shall be deemed to satisfy other applicable criteria for required pedestrian connections. (Ord. 5497, 11-17-03, § 7; Ord. 5091, 8-3-98, § 14; Ord. 4979, 3-17-97, § 13; Ord. 4973, 3-3-97, § 115; Ord. 4816, 12-4-95, § 215; Ord. 3309, 11-7-83, § 1)

20.25A.120 Project phasing plan required.

An applicant for a project with multiple buildings within a single project limit shall submit a project phasing plan for approval by the Director with the application for land use review. A phasing plan may also be submitted for a project approved prior to the effective date of this section at any time prior to expiration of the original approval pursuant to LUC 20.40.500. If submitted at the time of application for land use review, the decision on the phasing plan shall be merged with the decision on the underlying land use permit. If submitted after the land use permit or approval has been issued, the request for modification shall be processed pursuant to LUC 20.30F.175. The land use review will include review of all phases of the project. The phasing plan shall identify the discrete phases of intended project development, including delineation of the individual site areas for each phase and the sequence of development of each phase. The phasing plan may be approved by the Director if the following criteria are met:

A.    Each phase of the project independently complies with this Code within the limits of that phase; and

B.    The site areas of future phases within the single project limit will remain in current use or, if altered, be improved in the interim to create a site that complies with the requirements of this Code for permanent development with the completion of each phase.

The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the conditions of land use approval and the phasing plan. (Ord. 5481, 10-20-03, § 1)

20.25A.125 Vesting and expiration of vested status of land use permits and approvals – Downtown projects.

A.    General.

The vested status of a land use permit or approval granted pursuant to this Part 20.25A shall expire as provided pursuant to LUC 20.40.500, unless otherwise provided in this section.

B.    Extended Vesting Period.

An applicant for a project with multiple buildings within a single project limit may request a modification to the vesting and expiration provisions of LUC 20.40.500, allowing for vesting of the land use permits and approvals for a period of up to 10 years from the date of issuance of the Design Review pursuant to LUC 20.30F.145.

1.    Timing of Request for Modification. The request for modification may be submitted with the application for land use review, or at any time prior to expiration of a previously approved land use permit or approval pursuant to LUC 20.40.500. If submitted at the time of application for land use review, the decision on the request for modification shall be merged with the decision on the underlying land use permit. If submitted after the land use permit or approval has been issued, the request for modification shall be processed pursuant to LUC 20.30F.175. In no event shall the vesting period exceed 10 years from the date of issuance of the Design Review pursuant to LUC 20.30F.145.

2.    The Director may approve an increased vesting period; provided, that the project complies with an approved phasing plan pursuant to LUC 20.25A.120. The Director shall consider: (a) the site and size, (b) the size, scope and complexity of the project, and (c) construction and permitting activity in the vicinity of the project in determining the appropriate vesting period. The vested status of other required reviews, including but not limited to SEPA, Traffic Standards Code, Transportation Development Code, and building or other technical code review, is not controlled by this section.

3.    The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the conditions of land use approval and the phasing plan throughout the vested period. (Ord. 5481, 10-20-03, § 2)

20.25A.130 Downtown pedestrian bridges.

A.    Where Permitted.

Pedestrian bridges over the public right-of-way may be allowed at or near the mid-block in the following locations; provided, that no more than one bridge may be allowed on any side of a 600-foot superblock:

1.    On NE 4th Street between Bellevue Way and 110th Avenue NE;

2.    On NE 8th Street between Bellevue Way and 110th Avenue NE; and

3.    On Bellevue Way between NE 4th Street and NE 8th Street.

Above-grade pedestrian crossings over the public right-of-way in existence at the time of adoption of the ordinance codified in this section shall not be considered nonconforming, and may be repaired or replaced in their current locations without compliance with this section.

B.    Location and Design Plan.

The City Council shall review any Downtown Pedestrian Bridge Location and Design Plan, and may amend any approved Downtown Pedestrian Bridge Location and Design Plan, using the City Council Design Review Process, LUC 20.30F.116.

1.    Prior to issuance of any permits for a proposed downtown pedestrian bridge, a Downtown Pedestrian Bridge Location and Design Plan must be submitted to and approved by the City Council.

2    A Downtown Pedestrian Bridge Location and Design Plan shall identify the location of the downtown pedestrian bridge, include a finding by Council that the proposal satisfies the public benefit test set forth in paragraph C of this section, be consistent with the development standards of paragraph D of this section, and be consistent with the Comprehensive Plan.

3.    The Director shall ensure that the approved downtown pedestrian bridge is constructed consistent with the Design Plan. Modification to the location of the downtown pedestrian bridge, or to the articulated public benefits requires approval by the City Council pursuant to this section. Modifications to the design of the crossing that do not modify the location or public benefits, and that are consistent with the intent of the Design Plan may be approved by the Director through the process set forth in Part 20.30F LUC.

4.    The property owners shall record the approved Design Plan with the King County Division of Records and Elections and Bellevue City Clerk.

C.    Public Benefit Required.

The Council may approve, or approve with modifications, a proposed downtown pedestrian bridge if it finds that the bridge provides a public benefit. For the purposes of this section, a downtown pedestrian bridge shall be determined to provide a public benefit when it meets all of the following criteria:

1.    The bridge improves pedestrian mobility; and

2.    The bridge does not detract from street level activity; and

3.    The bridge functions as part of the public realm.

D.    Development Standards.

Each proposed downtown pedestrian bridge must be developed in compliance with the following standards:

1.    The bridge must be open from at least 6:00 a.m. to midnight, or during the hours of operation of adjacent uses, whichever is greater. Signs shall be posted in clear view stating that the pedestrian bridge is open to the public during these hours;

2.    The bridge connects upper-level publicly accessible space to upper-level publicly accessible space and provides a graceful and proximate connection between the sidewalk and bridge level that is visible and accessible from the sidewalk. The vertical connection should occur within 50 feet of the sidewalk;

3.    Vertical circulation elements must be designed to indicate the bridge is a clear path for crossing the public right-of-way;

4.    Directional signage shall identify circulation routes for all users;

5.    Structures connected by the bridge shall draw pedestrians back to the sidewalk with retail activities, as defined by the Building/Sidewalk Design Guidelines, at the ground level immediately adjacent to both sides of the pedestrian bridge;

6.    It is preferred that the bridge remain unenclosed on the sides, but allow enclosure or partial enclosure if the applicant demonstrates it is necessary for weather protection;

7.    Visual access shall be provided from the sidewalk and street into the bridge;

8.    Bridge may not diverge from a perpendicular angle to the right-of-way by more than 30 degrees;

9.    The interior width of the bridge, measured from inside face to inside face shall be no less than 10 feet and no more than 14 feet;

10.    Bridge shall be located at the second building level, with a minimum clearance of 16 feet above the grade of the public right-of-way;

11.    Impacts on view corridors, as described in LUC 20.25A.100 and 20.25A.110, shall be minimized;

12.    Impacts on the function of City infrastructure, including but not limited to utilities, lighting, traffic signals, etc., shall be avoided or mitigated;

13.    Lighting shall be consistent with public safety standards;

14.    Signage on the exterior of the bridge, or on the interior of the bridge that is visible from a public sidewalk or street is not permitted;

15.    Bridge must be architecturally distinct from the structures that it connects; and

16.    Bridge must exhibit exemplary artistic or architectural qualities.

E.    Public Access – Legal Agreement.

1.    Owners of property that is used for pedestrian bridge circulation and access between the bridge and public sidewalk shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of bridge operation.

2.    The agreement shall provide that the public right for pedestrian use shall be enforceable by the City of Bellevue, and the City shall have full rights of access for the pedestrian bridge and associated circulation routes for purposes of enforcing the rights of the public under this agreement.

3.    Owners of property subject to this legal agreement will maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access and consistent with this section.

4.    The agreement shall be recorded with the King County Division of Records and Elections and Bellevue City Clerk. (Ord. 5496, 11-17-03, § 2)