Part 20.25D Bel-Red*

*    Prior legislation: Ord. 4654.

20.25D.010 General.

A.    Applicability.

1.    This Part 20.25D, Bel-Red (BR), contains requirements, standards, and guidelines that apply to development and activity within the Bel-Red land use districts. Except to the extent expressly provided in this Part 20.25D and as referenced in subsection A.2 of this section, the provisions of the Land Use Code, other development codes, the City development standards, and all other applicable codes and ordinances shall apply to development and activities in the Bel-Red land use districts. Except within the Critical Areas Overlay District (Part 20.25H LUC), where there is a conflict between the Bel-Red land use district regulations and the Land Use Code and other City ordinances, the Bel-Red land use district regulations shall govern. Where there is a conflict between the Bel-Red land use district regulations and the Critical Areas Overlay District, the Critical Areas Overlay District shall govern. Where the requirements of the Bel-Red land use district exceed those of the Land Use Code and other City ordinances, the Bel-Red land use district regulations shall govern.

2.    The following general development requirements of Chapter 20.20 LUC do not apply in the Bel-Red land use districts:

a.    LUC 20.20.005;

b.    LUC 20.20.010;

c.    LUC 20.20.012;

d.    LUC 20.20.015;

e.    LUC 20.20.017;

f.    LUC 20.20.018;

g.    LUC 20.20.030 (provided, this section applies in the ORT Land Use District);

h.    LUC 20.20.060;

i.    LUC 20.20.070;

j.    LUC 20.20.125 (provided, this section applies in the ORT Land Use District);

k.    LUC 20.20.128;

l.    LUC 20.20.135;

m.    LUC 20.20.190;

n.    LUC 20.20.250;

o.    LUC 20.20.400;

p.    LUC 20.20.520;

q.    LUC 20.20.560;

r.    LUC 20.20.720;

s.    LUC 20.20.760;

t.    LUC 20.20.800;

u.    LUC 20.20.890; and

v.    LUC 20.30V.170.

B.    Land Use Districts.

Bel-Red is divided into 12 land use districts to facilitate its transformation into a vibrant and sustainable, pedestrian-oriented mixed use neighborhood with vital businesses. The transformation will include multimodal transit systems that connect to the greater City and region. The geographic location of Bel-Red is legally described in LUC 20.50.012.

The purpose and intent of the Bel-Red land use districts is described in LUC 20.10.375 and application of requirements, standards, and guidelines to a specific property may differ depending upon which of the following districts a property is located.

1.    Bel-Red-Medical Office (BR-MO).

2.    Bel-Red-Medical Office Node 1 (BR-MO-1).

3.    Bel-Red-Office/Residential (BR-OR).

4.    Bel-Red-Office/Residential Node 1 (BR-OR-1).

5.    Bel-Red-Office/Residential Node 2 (BR-OR-2).

6.    Bel-Red-Residential/Commercial Node 1 (BR-RC-1).

7.    Bel-Red-Residential/Commercial Node 2 (BR-RC-2).

8.    Bel-Red-Residential/Commercial Node 3 (BR-RC-3).

9.    Bel-Red-Commercial/Residential (BR-CR).

10.    Bel-Red-Residential (BR-R).

11.    Bel-Red-General Commercial (BR-GC).

12.    Bel-Red-Office/Residential Transition (BR-ORT). (Ord. 5874, 5-18-09, § 1)

20.25D.020 Definitions Specific to Bel-Red.

A.    Bel-Red Definitions.

The following definitions are specific to the Bel-Red land use districts and shall have the following meanings:

Average Finished Grade Along Facade. Proposed grade after development as measured along a building facade from perpendicular wall to perpendicular wall including offsets, bays, and other minor modulating treatments not more than five feet deep.

Battery Charging Station. An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standard, codes, and regulations set forth in Chapter 19.28 RCW and consistent with the rules adopted by the Building Code Council for electric vehicle infrastructure requirements.

Battery Exchange Station. A fully automated facility that will enable an electric vehicle with an interchangeable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with the rules adopted by the Building Code Council for electric vehicle infrastructure requirements. Operators of battery exchange stations must comply with federal and state law regulating the handling, storage, and disposal of batteries.

BROTS. An interlocal agreement between the cities of Bellevue and Redmond regarding land use planning and the funding and construction of transportation improvements in the Bel-Red/Overlake Transportation Study Area, as adopted by Resolution No. 6353 and subsequently amended.

Build-to Lines. A location along a designated block or right-of-way where a building must be constructed. The build-to line is the property line unless designated otherwise by an adopted street design.

Curb Extension. A section of sidewalk that projects into the street at an intersection or mid-block crossing that reduces the crossing width of a street or right-of-way for pedestrians.

Electric Vehicle Infrastructure. Structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

Facade Length. The length of a building from perpendicular wall to perpendicular wall including offsets, bays, and other minor modulating treatments not more than five feet deep.

Gross SF/Floor. 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.

Natural Drainage Practices. Techniques such as rain gardens, pervious pavement, vegetated roofs, and amended soils that manage stormwater runoff in a manner that improves the quality of runoff and more closely mimics natural drainage flows and rates than traditional stormwater techniques.

Node. An area or district where planned transportation facilities will support sufficient development intensity, amenities, recreation opportunities, and a mix of uses that foster a high level of pedestrian activity.

Operations and Maintenance Satellite Facility (OMSF). A type of essential public facility, and refers to a regional light rail transit facility component used for overnight storage and maintenance of the expanded fleet of light rail vehicles as described in the Sound Transit “Link Operations and Maintenance Satellite Facility Environmental Scoping Information Report” dated September 2012, and other related documents.

Project Limit. A lot, portion of a lot, or combination of lots or portions of lots treated as a single development parcel for purposes of the Land Use Code. A project limit may cross a right-of-way as long as the project limit results in a cohesive design and the Master Development Plan process is used.

Rapid Charging Station. An industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meet or exceed any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with the rules adopted by the Building Code Council for electric vehicle infrastructure requirements.

Regional Transit Authority (RTA). Refers to an agency formed under the authority of Chapters 81.104 and 81.112 RCW to plan and implement a high capacity transportation system within a defined region.

Required Ground Floor Uses. Retail and commercial activities or a combination thereof as permitted by LUC 20.25D.070 that are required to be located on the ground floor. Ground floor uses shall be located as indicated in LUC Figure 20.25D.130.A.

Tower. That portion of a building that is in excess of 40 feet above average finished grade for any building with a maximum allowable height of 70 feet or greater.

Tree Well. A tree planting area, generally within a paved surface area.

Work-Live Unit. A commercial building or tenant space that includes a functionally related and integrated residential unit. Employees and walk-in trade are permitted.

B.    General Definitions Not Applicable to Bel-Red.

General definitions not applicable to Bel-Red are noted in the text of the general definitions contained in Chapter 20.50 LUC. (Ord. 6281, 3-21-16, § 1; Ord. 5989, 2-7-11, § 4; Ord. 5874, 5-18-09, § 1)

20.25D.030 Review Required.

A.    Applicable Review and Guidelines.

The Director shall use this Part 20.25D LUC and the Bel-Red Subarea Design Guidelines (LUC 20.25D.150 as currently adopted or subsequently amended or superseded) in reviewing an application for Master Development Plan or design review approval in the Bel-Red Use Districts. The Community Retail Design Guidelines of Part 20.25I LUC and Transition Area Design Guidelines of Part 20.25B LUC shall not apply to applications for development in the Bel-Red land use districts.

B.    Master Development Plan.

1.    Scope of Approval. Master Development Plan review (Part 20.30V LUC) is a mechanism by which the City shall ensure that the site development components of a multiple building or phased single building proposal are consistent with the Comprehensive Plan and meet all applicable site development standards and guidelines. Design, character, architecture and amenity standards and guidelines shall be met as a component of the design review (Part 20.30F LUC). Master Development Plan approvals required pursuant to subsection B.2 of this section shall identify proposed building location(s) within the project limit and demonstrate compliance with the following site development requirements, standards, and guidelines:

a.    Dimensional requirements pursuant to LUC 20.25D.080 as listed below:

i.    Setbacks;

ii.    Maximum impervious/lot coverage;

iii.    Building height for each building identified in subsection B.1 of this section;

iv.    Floor area ratio for each building identified in subsection B.1 of this section;

(1)    At a minimum, residential and nonresidential components of a building shall be identified in order to calculate the amenities required pursuant to LUC 20.25D.090; and

(2)    Uses may vest pursuant to the vesting provisions applicable to the underlying Master Development Plan if the specific uses are identified pursuant to LUC 20.25D.070;

b.    Landscape development pursuant to LUC 20.25D.110;

c.    Parking, circulation, and internal walkway requirements pursuant to LUC 20.25D.120;

d.    Bel-Red street development standards pursuant to LUC 20.25D.140; and

e.    Site development guidelines pursuant to LUC 20.25D.150.B.

2.    When Required.

a.    Projects located within a node. An applicant for a project with multiple buildings located within a single project limit shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC. This requirement shall not apply to the placement of additional structures associated with existing conditions regulated pursuant to LUC 20.25D.060. An applicant for a single building project shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC when building construction is proposed to be phased.

b.    Projects located outside of a node. An applicant shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC when building construction is proposed to be phased.

3.    For the purposes of this section, the project limit may be drawn to encompass a right-of-way that bisects a site, provided the Director finds that the following connectivity criteria can be met:

a.    A system of corner and mid-block crossings shall be provided to functionally connect on-site pedestrian paths across the bisecting right-of-way within the proposed project limit;

b.    Pedestrian paths shall be provided to connect all buildings and right-of-way crossings located within the proposed project limit;

c.    Visual connections shall be provided between all buildings located within the project limit by minimizing topographic variation and through use of vegetation and outdoor spaces; and

d.    Only a right-of-way meeting the requirements of LUC 20.25D.080.D may be included in the land area located within the proposed project limit for the purpose of computing maximum FAR.

C.    Design Review.

1.    Scope of Approval. Design review is a mechanism by which the City shall ensure that the design, character, architecture and amenity components of a proposal are consistent with the Comprehensive Plan and any previously approved Master Development Plan, and meet all applicable standards and guidelines contained in City Codes. Design review is a mechanism by which the City shall ensure that the site development components of a proposal are consistent with the Comprehensive Plan and meet all applicable standards and guidelines contained in City Codes when site development components were not approved as part of a Master Development Plan.

2.    When Required. With the exception of the Bel-Red General Commercial district (BR-GC) all development within the Bel-Red land use districts shall be reviewed by the Director through design review (Part 20.30F LUC). An applicant may submit a design review for approval by the Director pursuant to Part 20.30F LUC for a development proposal located in the Bel-Red General Commercial district that includes deviations permitted by subsection C.3 of this section.

3.    Design Review Deviations. The Director may, through the design review process, approve a proposal that varies from the specific requirements set forth in LUC 20.25D.130 if the applicant demonstrates that the resulting design will be more consistent with the purpose and intent of the code. Deviation from the following dimensional requirements is not permitted, except pursuant to LUC 20.25D.080.B or C, or unless a variance is obtained under Part 20.30G LUC:

a.    Floor plate maximums;

b.    Minimum setbacks/stepbacks;

c.    Impervious surface/lot coverage percentages; and

d.    Maximum floor area ratio.

4.    Compliance with an applicable Master Development Plan. In addition to the decision criteria in LUC 20.30F.145, each structure and all proposed site development shall comply with any approved Master Development Plan applicable to the project limit described in a design review application. If the application for design review contains elements inconsistent with an applicable Master Development Plan, the Director shall not approve the design review unless the Master Development Plan is amended to include those elements.

D.    Procedural Merger.

Within a Bel-Red land use district, any administrative decision required by this Part 20.25D or by the Land Use Code, including but not limited to the following, may be applied for and reviewed as a single Process II Administrative Decision, pursuant to LUC 20.35.200 through 20.35.250:

1.    Master Development Plan, Part 20.30V LUC;

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

3.    Design Review, Part 20.30F LUC;

4.    Variance, Part 20.30G LUC; and

5.    Critical Areas Land Use Permit, Part 20.30P LUC. (Ord. 5874, 5-18-09, § 1)

20.25D.035 Catalyst Projects.

A.    Catalyst Project Definitions.

The definitions contained in this subsection apply only to the catalyst project provisions of this code in this section.

1.    Catalyst Project. A development proposal that meets all of the following criteria:

a.    Located in a Bel-Red land use district node;

b.    The project limit is greater than four acres in size;

c.    FAR within the project limit is proposed to exceed 2.0;

d.    A complete Master Development Plan application is submitted within 18 months of Federal Transit Authority issuance of a record of decision on the Sound Transit East Link Project, or prior to December 31, 2011, whichever is later; and

e.    The construction value associated with developer-funded infrastructure exceeds $300,000 per acre of land included within the project limit.

2.    Complete Master Development Plan. A Master Development Plan application that meets the requirements governing application completeness under the terms of the Local Project Review Act (RCW 36.70B.070(2)) as currently adopted or subsequently amended or superseded), and describes the entire project limit and associated project components that are proposed to receive the benefit of catalyst project incentives described in subsection B of this section. Expansions to the project limit associated with the complete Master Development Plan that are submitted after the deadline contained in subsection A.1.d of this section shall not be eligible for the catalyst project incentives.

3.    Developer Funded Infrastructure. An improvement or dedication that meets all of the following criteria:

a.    The improvement is required as a condition of approving a catalyst project Master Development Plan;

b.    The improvement is identified as public right-of-way or located within the public right-of-way;

c.    The improvement is limited to public infrastructure such as sidewalks, local streets, and related utilities, and does not include private infrastructure that serves only catalyst project users such as side sewer and water connections;

d.    The land associated with the improvement is not used to earn floor area pursuant to the special dedication and transfer provision of LUC 20.25D.080.D;

e.    The cost of the improvement is not reimbursed or credited under the terms of City Code (e.g., impact fees under the Transportation Improvement Program, Chapter 22.16 BCC, or Assessment Reimbursement Contracts, Chapter 14.62 BCC) or included in a Local Improvement District (Chapter 15.04 BCC) which includes City financial participation;

f.    The improvement is not used to earn amenity points meeting the standards of the Amenity Incentive System, LUC 20.25D.090.

4.    Construction Value. A measure of value of developer-funded infrastructure determined by adding the fair market value of any land dedicated as part of the infrastructure and the actual costs of design, engineering, and construction of such infrastructure. If construction of the infrastructure is not complete, construction value may be based on reasonable estimates of costs, as approved by the director in consultation with the directors of the transportation and utilities departments.

5.    Development Agreement. An agreement adopted under the authority of and pursuant to the procedures set forth in Chapter 36.70B RCW.

B.    Catalyst Project Incentives and Requirements.

1.    The City may enter into a development agreement that allows modifications to the following provisions of the Land Use Code as applied to a catalyst project. Any modification approved in a development agreement shall be consistent with the limitations and requirements contained in this subsection.

2.    Available Land Use Code Modifications and Associated Limitations.

a.    Reduced Fee-In-Lieu Bonus Rate (LUC 20.25D.090.C.7). The fee-in-lieu bonus rate for Tier 1 amenities may be reduced to not less than $3.75 per square foot of bonus area subject to the following limitations:

i.    The reduced fee-in-lieu bonus rate may be used to satisfy only the Tier 1 FAR Amenity Standards;

ii.    The reduced fee-in-lieu bonus rate does not create an obligation for the City to pay, credit, or reimburse the owner of a catalyst project beyond the terms of this section; and

iii.    The reduced fee-in-lieu bonus rate shall be utilized to satisfy required FAR Amenity Standards consistent with the specific requirements of LUC 20.25D.090.C.

b.    Extended Vesting. The vested status of a Master Development Plan and the associated land use decisions may be extended for up to a maximum of 15 years, and the provisions of LUC 20.30V.190 shall not apply. The process provisions of LUC 20.30V.160 governing modifications or additional to an approved Master Development Plan may be modified to be consistent with the development agreement terms governing extended vesting. Extended vesting approved through a development agreement may modify the provisions of LUC 20.40.500.A subject to the following limitations:

i.    The vesting period shall not exceed 15 years from the date of the first Master Development Plan decision as determined pursuant to LUC 20.35.045;

ii.    Subsequent revisions to the Master Development Plan, or associated administrative decisions, shall not extend the vesting period described above.

iii.    The 15-year extended vesting applies only to Process II land use decisions (LUC 20.35.015.C); and

iv.    Upon expiration of the extended vesting period, the provisions of LUC 20.40.500.B shall apply.

c.    Relief from Proportional Compliance Requirements for Existing Development. Proportional compliance required pursuant to LUC 20.25D.060.G may be deferred or eliminated pursuant to a development agreement.

d.    Amenity Incentive System Bonus Points for Dedicated Parks. Parks not meeting the amenity standards of Chart 20.25D.090.C.4 may be granted an amenity incentive bonus at a rate determined pursuant to a development agreement.

3.    Residential Requirement in the OR-1 and OR-2 Land Use Districts. If the City enters into a development agreement for a catalyst project located in the OR-1 and OR-2 Land Use Districts allowing modifications to any of the provisions of the Land Use Code described in this subsection, then a minimum residential use requirement shall be established in the development agreement and the location of the residential use shall be specified in the Master Development Plan. (Ord. 5874, 5-18-09, § 1)

20.25D.040 BROTS Interlocal Agreement Limitation.

Development in the Bel-Red land use districts shall be subject to the provisions of BROTS, as originally executed to cap commercial development at a total of 12.2 million square feet through 2012, or as thereafter amended or superseded. (Ord. 5874, 5-18-09, § 1)

20.25D.050 Permitted Uses.

A.    Permitted Uses.

Specific categories of uses are listed in Chart 20.25D.070. Subsection B of this section explains Chart 20.25D.070 and describes the applicable review procedures. The use chart description and interpretation provisions of LUC 20.10.400 do not apply to the Bel-Red land use districts.

B.    Use Chart Described.

In Chart 20.25D.070, 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), subordinate uses which are regulated under LUC 20.20.840, and existing uses which are regulated under LUC 20.25D.060.

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 20.25D 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 or 20.30C LUC in addition to any applicable general requirements for the use and 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 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.

6.    If a “/” appears in the box at the intersection of the column and the row:

a.    The process or note indicated in front of the slash (i.e., P/ or 1/) applies outside of the node described in the column; and

b.    The process or note indicated behind the slash (i.e., /P or /1) applies inside the node described in the column. (Ord. 5874, 5-18-09, § 1)

20.25D.060 Existing Conditions.

A.    Purpose.

Many existing uses and developments would not be allowed pursuant to the Bel-Red Land Use District Charts (refer to LUC 20.25D.070) and district-specific standards and guidelines in this Part 20.25D that are in effect to implement the policies of the Bel-Red Subarea Plan. The purpose of this section is to allow the continued operation of existing light industrial and service uses, and existing developments that were legally established when the Bel-Red Subarea Plan was adopted on May 26, 2009. An additional purpose of this section is to allow limited expansion of existing uses and developments that are compatible with residential and higher intensity mixed use development that was introduced with the adoption of the plan.

B.    Types of Existing Conditions – Definitions.

A site may be considered an existing condition because it contains either an existing use or existing development as defined in this subsection and based on documentation provided pursuant to subsection D of this section.

1.    Existing Use. The use of a structure or land which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but is not otherwise allowed under LUC 20.25D.070.

2.    Existing Development. A structure or site development which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but does not otherwise comply with Part 20.25D LUC.

C.    Applicability.

1.    This section applies only to existing conditions occurring within a Bel-Red land use district.

2.    The nonconforming provisions of LUC 20.20.070 and 20.20.560 do not apply within the Bel-Red land use districts.

3.    Expansions or modifications of an existing use or development shall comply with any applicable requirements of Part 20.25H LUC, Critical Areas Overlay District. In the event of a conflict between this Part 20.25D LUC and Part 20.25H LUC, the requirements of Part 20.25H LUC, Critical Areas Overlay District, shall control.

4.    Modifications to signs associated with an existing use or development shall comply with any applicable requirements of the Sign Code, Chapter 22B.10 BCC.

D.    Documentation.

The applicant shall submit documentation which shows that the existing condition was permitted when established and has been maintained over time. The Director shall determine based on subsections D.1 and D.2 of this section whether the documentation is adequate to support a determination that the use and development constitute an existing condition under the terms of this section. The Director may waive the requirement for documentation when an existing condition has been clearly established.

1.    Existing Condition Permitted when Established. Documentation that the condition was permitted when established includes, but is not limited to, the following:

a.    Building, land use or other development permits; or

b.    Land Use Codes or Land Use District Maps.

2.    Existing Condition Maintained Over Time. Documentation that the existing condition was maintained over time, and not discontinued or destroyed as described in this section includes, but is not limited to, the following:

a.    Utility bills;

b.    Income tax records;

c.    Business licenses;

d.    Listings in telephone or business directories;

e.    Advertisements in dated publications;

f.    Building, land use or other development permits;

g.    Insurance policies;

h.    Leases; and

i.    Dated aerial photos.

3.    Appeal of Director Determination. The Director’s determination of whether a use constitutes an existing condition may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.

E.    Regulations Applicable to All Existing Conditions.

1.    Ownership. The status of an existing condition is not affected by changes in ownership.

2.    Maintenance and Repair. Routine maintenance and repair associated with existing conditions is allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established condition. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred.

F.    Regulations Applicable to Existing Uses.

1.    Operations.

a.    Existing Uses May Continue to Operate. Operations associated with an existing use may continue, subject to the provisions of this subsection F.

b.    Existing Uses – Hours of Operation. The hours of operation associated with an existing use located in land use districts which permit residential uses may only extend into the period of 9:00 p.m. to 6:00 a.m. subject to Administrative Conditional Use approval. Existing uses which currently operate between these hours may continue without ACU approval, as long as the hours of operation between 9:00 p.m. and 6:00 a.m. are not expanded.

2.    Expansions. Existing uses may expand under certain circumstances as described in this subsection:

a.    Expansions of Floor Area. Floor area associated with existing uses may be expanded in conformance with this code.

b.    Expansions of Exterior Improved Areas. Exterior improved areas associated with an existing use may be expanded by increasing the amount of land used. Exterior areas supporting the existing use may be expanded.

c.    Limitations on Expansion.

i.    No expansion of hazards. No expansion in operations shall be permitted that increases the use or on-site quantity of flammable or hazardous constituents (e.g., compressed gases, industrial liquids, etc.), or that increases the amount of waste generated or stored that is subject to the Washington Hazardous Waste Management Regulations, RCW 70.105.210, as currently adopted or subsequently amended or superseded. The Director may in consultation with the Fire Marshal modify the requirements of this subsection if the Director determines that the expansion will not increase the threat to human health and the environment over the pre-expansion condition.

ii.    Expansions within Nodes (BR-MO-1, BR-OR-1 and 2, BR-RC-1, 2, and 3) and Residential Land Use Districts (BR-R). Refer to LUC 20.25D.060.F.2.c Figure 1. Floor area or exterior improvements associated with an existing use may be expanded when proposed within the limits of property held in a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval.

20.25D.060.F.2.c – Figure 1

Expansions within nodes and residential Land Use Districts

iii.    Expansions outside Nodes and in Nonresidential Land Use Districts (BR-MO, BR-OR, BR-GC, BR-CR, and BR-ORT). Refer to LUC 20.25D.060.F.2.c Figure 2. Floor area or exterior improvements associated with an existing use may be expanded beyond limits of property held within a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval and the following limitations:

(1)    The property proposed for expansion is abutting at least one of the property lines of the existing use as they existed on May 26, 2009.

(2)    The regulations applicable to the property proposed for expansion would have allowed the use as of May 26, 2009.

20.25D.060.F.2.c – Figure 2

Expansions outside nodes and nonresidential Land Use Districts

3.    Loss of Existing Use Status.

a.    Discontinuance. If an existing use of a structure or exterior improved area 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 an existing use of a structure or exterior improved area for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.

b.    Accidental Destruction. When a structure containing an existing use is damaged by fire or other causes beyond the control of the owner, the use may be re-established. The structure may be repaired and/or reconstructed in accordance with applicable City Codes.

c.    Relinquishment. An existing use is relinquished when the existing use is replaced with an allowed use pursuant to LUC 20.25D.070. Upon relinquishment, the existing use rights no longer apply and the existing use may not be re-established.

G.    Regulations Applicable to Existing Development.

1.    Existing Development May Remain. Existing development may remain unless specifically limited by the terms of this subsection.

2.    Permitted Alterations to Existing Development. Existing development may be altered; provided, that the alteration conforms to City Codes and the existing development conforms to proportional compliance requirements contained in subsection G.3 of this section.

a.    Three-Year Period. Alterations made within a three-year period will be viewed as a single change for the purposes of determining required improvements.

b.    Value of Changes. The value of alterations is determined by the Director based on the entire project and not individual permits. The Director shall promulgate rules for determining the value of alterations in the context of this section.

3.    Proportional Compliance. An existing development associated with an existing, permitted, or conditional use may be altered consistent with the requirements set forth below:

a.    Threshold Triggering Required Improvements. The standards of this subsection shall be met when the value of the proposed changes to an existing development exceed $150,000 as of May 26, 2009. The threshold established here will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain accurate construction costs for the region. Routine maintenance and repair does not constitute an alteration, and does not count toward the threshold. The following alterations and improvements are exempt from being counted toward the threshold:

i.    Alterations required as a result of a fire prevention inspection;

ii.    Alterations related to the removal of architectural barriers as required by the Americans with Disabilities Act, or the Washington State Building Code (Chapter 19.27 RCW), now or as hereafter amended;

iii.    Alterations required for the seismic retrofit of existing structures;

iv.    Improvements to on-site stormwater management facilities in conformance with Chapter 24.06 BCC, now or as hereafter amended;

v.    Alterations that reduce off-site impacts (including but not limited to noise, odors, dust, and other particulate emissions);

vi.    Alterations that meet LEED, Energy Star or other industry-recognized standard that results in improved mechanical system, water savings, or operational efficiency; and

vii.    Until June 30, 2012, exempt interior alterations and improvements proposed to accommodate a permitted use that do not expand the footprint of the existing development.

b.    Required Improvements. When alterations meet the threshold in subsection G.3.a of this section existing development shall be brought toward compliance in the following areas:

i.    Landscape development requirements as set forth in LUC 20.20.520 and 20.25D.110 and required landscape treatments as set forth in LUC 20.25D.130;

ii.    Circulation and internal walkway requirements, as set forth in LUC 20.20.590 and 20.25D.120;

iii.    Surface parking lot landscaping as set forth in LUC 20.20.520 and 20.25D.110 standards that apply to the site; and

iv.    Required paving of surface parking, outdoor storage, and retail display areas.

c.    Timing and Cost of Required Improvements.

i.    Required improvements shall be made as part of the alteration that triggered the required improvements;

ii.    The value of required improvements shall be limited to 20 percent of the value of the proposed alteration. The applicant shall submit evidence as required by the Director that shows the value of proposed improvements associated with any alteration; and

iii.    Required improvements shall be made in order of priority listed in subsection G.3.b of this section unless a deviation in priority order is approved by the Director as necessary to accommodate a function that is an essential component of the existing development.

4.    Loss of Existing Development Status.

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

b.    Accidental Destruction. When an existing development is damaged by fire or other causes beyond the control of the owner, the existing development may be re-constructed. The existing development may be repaired and/or reconstructed in its original configuration. Changes to the footprint and exterior proposed as part of the repair and/or reconstruction must conform to this code. (Ord. 5874, 5-18-09, § 1)

20.25D.070 Land Use Charts.

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

Chart 20.25D.070

Residential Uses in Bel-Red Land Use Districts.

STD LAND USE CODE REF

 

Residential – Bel-Red Districts

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/ MO-1

BR-OR/ OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

1

Residential (1)

 

 

 

 

 

 

 

 

Single-Family Dwelling

 

P 2/

 

P 2

3

P 2

P

 

Two to Four Dwelling Units Per Structure

 

P/P

P

P

3

P 2

P

 

Five or More Dwelling Units Per Structure (5)

 

P/P

P

P

3

P 2

P

12

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

 

 

 

 

 

 

 

 

Rooming House (6)

 

P

P

P

 

P

P

13

15

Hotels and Motels

P/P

P/P

P

 

P

P

 

 

Congregate Care Senior Housing (1)

P/P

P/P

P

P

 

P

 

6516

Nursing Home (1)

P/P

P/P

P

P

 

P

 

 

Assisted Living (1)

P/P

P/P

P

P

 

P

 

 

Accessory Dwelling Unit (4)

P/

P/

 

P

 

P

P

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Residential.

(1)    An agreement shall be recorded with the King County Department of Records and Elections restricting senior citizen dwellings, congregate care senior housing, or assisted living to remain as senior housing for the life of the project.

(2)    A minimum density of 10 units per acre shall be achieved for new single-family dwelling units. This requirement does not apply to work-live units.

(3)    Work-live units are the only housing permitted in BR-GC.

(4)    Accessory dwelling units may be established in existing or permitted (P) single-family structures subject to the performance criteria of LUC 20.20.120.

(5)    Bicycle parking shall be provided pursuant to LUC 20.25D.120.G.

(6)    See LUC 20.20.700 for general development requirements for rooming house.

Chart 20.25D.070

Manufacturing Uses in Bel-Red Land Use Districts.

 

 

Manufacturing – Bel-Red Districts 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

2 and 3

Manufacturing (1, 2, 5)

 

 

 

 

 

 

 

21

Food and Beverage Products Mfg. (3)

 

 

 

 

P 4

P 4

 

22

Textile Products Mfg.

 

 

 

 

P 4

P 4

 

23

Apparel, Fabric, Accessories, and Leather Goods Mfg.

 

 

 

 

P 4

P 4

 

24

Lumber and Wood Products Mfg.

 

 

 

 

 

 

 

25

Furniture and Fixtures Mfg.

 

 

 

 

P 4

P 4

 

26

Paper Products Mfg.

 

 

 

 

P4

P4

 

27

Printing, Publishing, and Allied Industries

 

 

 

 

P

 

 

28

Chemicals and Related Products Mfg.

 

 

 

 

 

 

 

31

Rubber Products Mfg.

 

 

 

 

 

 

 

314

Misc. Plastic Products Mfg.

 

 

 

 

P 4

P 4

 

321
322
324
325
327

Light Stone, Clay, and Glass Products Mfg.: Glass, Pottery, and China Ceramic Products, Stone Cutting and Engraving (except Concrete Batch Plant)

 

 

 

 

P 4

P 4

 

 

Concrete Batch Plant

 

 

 

 

 

 

 

329

Handcrafted Products Mfg.

 

 

 

 

P 4

P 4

 

3427

Computers, Office Machines, and Equipment Mfg.

 

 

 

 

P 4

 

 

3433 3434 3435 3436 3437

Electrical Equipment Mfg.: Appliances, Lighting, Radio, TV Communications, Equipment and Component Parts

 

 

 

 

P 4

 

 

3491 3492 3493 3495 3497

Fabricated Metal Products Mfg.: Containers, Hand Tools, Heating Equipment, Screw Products, Coating and Plating

 

 

 

 

P 4

 

 

35

Measuring, Analyzing and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks Mfg.

P

 

 

 

P 4

P 4

 

3997

Signs and Advertising Display Mfg.

 

 

 

 

P

 

 

3999

Misc. Light Fabrication, Assembly and Mfg. Not Elsewhere Classified

 

 

 

 

P

 

 

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Manufacturing.

(1)    Permitted manufacturing uses shall not include primary metal industries such as foundries, smelters, blast furnaces, rolling mills, and concrete batch plants. The Director may in consultation with the Fire Marshal modify the requirements of this note for a limited scale manufacturing use if the Director determines that the modification will not create an unreasonable threat to human health and the environment. A “limited scale manufacturing use” is one that is size-restricted to 20,000 square feet or less.

(2)    The manufacture of flammable, dangerous, or explosive materials is excluded.

(3)    Microbrewery manufacturing is permitted as a component of an eating and drinking establishment; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.

(4) The manufacturing use located in this land use district shall not exceed 20,000 square feet.

(5)    New outdoor storage associated with this permitted manufacturing use shall comply with applicable performance criteria for that use and the Landscape Development Requirements as set forth in LUC 20.25D.110.

Chart 20.25D.070

Transportation and Utilities Uses in Bel-Red Land Use Districts.

 

 

Transportation and Utilities – Bel-Red Districts 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

4

Transportation, Communications and Utilities

 

 

 

 

 

 

 

41

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

C/C

C/C

C

C

C

C

C

42

4291

Motor Vehicle Transportation: Bus Terminals, Taxi Headquarters

 

 

 

 

C

 

 

4214

422

Motor Vehicle Transportation: Maintenance Garages and Motor Freight Services (15)

C/

C/

 

 

C

 

 

43

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

C 1

C 1

 

 

 

 

 

 

Accessory Parking (2, 3, 16)

P/P

P/P

P

P 4

P

P

P

46

Auto Parking Commercial Lots and Garages (5, 16)

/P

/P

P

 

 

 

 

 

Park and Ride (6, 16)

 

C/C

C

 

 

 

 

475

Radio and Television Broadcasting Studios

 

 

 

 

 

 

 

485

Solid Waste Disposal (7)

 

 

 

 

 

 

 

 

Highway and Street Right-of-Way (8, 16)

P

P/P

P

P

P

P

P

 

Utility Facility

C

C/C

C

C

C

C

C

 

Local Utility System

P

P/P

P

P

P

P

P

 

Regional Utility System

C

C/C

C

C

C

C

C

 

On- and Off-Site Hazardous Waste Treatment and Storage Facilities

 

 

 

 

 

 

 

 

Essential Public Facility (9)

C

C/C

C

C

C

C

C

 

Regional Light Rail Transit Systems and Facilities (17)

C/P

C/P

C/P

C/P

C/P

C/P

C/P

 

Operations and Maintenance Satellite Facility (OMSF)

18

18

 

18

18

 

 

 

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

10, 11, and 12

10, 11, and 12

10, 11, and 12

10, 11, and 12

10, 11, and 12

10, 11, and 12

10, 11, and 12

 

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

10, 11

10, 11

10, 11

10, 11

10, 11

10, 11

10, 11

 

Satellite Dishes (13)

P

P/P

P

P

P

P

P

 

Electrical Utility Facility (14)

A C/A C

A C/A C

A C

A C

A C

A C

A C

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

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

(1)    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.

(2)    Accessory parking requires approval through the review process required for the primary land use which it serves pursuant to Chart 20.25D.070.

(3)    The location of an off-site parking facility shall be approved by the Director. See LUC 20.25D.120.

(4)    Accessory parking is not permitted in the BR-R land use district as accessory to any use that is not permitted in BR-R.

(5)    Commercial lots and garages are only permitted to accommodate short-term parking (four hours or less). Parking structures are required to meet the performance standards contained in LUC 20.25D.120.D.

(6)    A park and pool lot or other carpool facility is regulated as a park and ride. A park and ride providing no more than 50 parking spaces, and utilizing the parking area of an established use, shall be regulated as an accessory use under LUC 20.20.200. Any other park and ride requires a conditional use permit.

(7)    Solid waste disposal facilities may be continued as an existing use pursuant to LUC 20.25D.060, provided all requirements in LUC 20.20.820 are met.

(8)    Design is required to meet the standards contained in LUC 20.25D.140 and the 2008 Transportation Department Design Manual as currently adopted or subsequently amended or superseded.

(9)    Refer to LUC 20.20.350 for general requirements applicable to Essential Public Facilities (EPF).

(10)    Wireless communication facilities (WCFs) are not permitted on residential structures, sites developed with a residential use, or on undeveloped sites located in the BR-R land use district. This note does not prohibit locating a WCF on nonresidential structures (i.e., churches, schools, public facility structures, utility poles, etc.) or in public rights-of-way in any BR land use district.

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

(12)    Antennas 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. 1.4000, now or as hereafter amended. A building permit may be required to ensure safe installation of the antenna and equipment.

(13)    Refer to LUC 20.20.730 for general requirements applicable to Large Satellite Dishes. In BR-OR, BR-OR-1, BR-OR-2, BR-RC-1, BR-RC-2, BR-RC-3, BR-CR, and BR-R, only the provisions of LUC 20.20.730.B and 20.20.730.C shall apply.

(14)    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 Figure UT.5a 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 Figure UT.5a, 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.

(15)    Battery Exchange Stations are ancillary to Motor Vehicle Transportation, 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.

(16)    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.

(17)    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.

(18)    Refer to LUC 20.25D.105 for specific requirements applicable to EPF defined as an Operations and Maintenance Satellite Facility (OMSF) pursuant to LUC 20.25D.020. An OMSF is permitted through approval of a Master Development Plan and associated Design Review (Process II) when the application conditions of LUC 20.25D.105.C have been met. When the application conditions of LUC 20.25D.105.C have not been met, an OMSF shall require approval through a Conditional Use Permit (Process I) and shall meet the requirements of LUC 20.20.350 in addition to the requirements of LUC 20.25D.105.D.

Chart 20.25D.070

Wholesale and Retail Uses in Bel-Red Land Use Districts.

 

 

Wholesale and Retail – Bel-Red Districts 

 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1

RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

5

Trade (Wholesale and Retail) (1, 7, 15)

 

 

 

 

 

 

 

51

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

 

 

 

 

P 2

 

 

5111 5156 5157 5191 5192

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

 

 

 

 

 

 

 

5193

Scrap Waste Materials, Livestock

 

 

 

 

 

 

 

 

Recycling Centers

 

P/

 

 

P

P

 

521

522

523

524

Lumber and Other Bulky Building Materials Including Preassembled Products

 

P 3/

 

 

P

P 3

 

5251

Hardware, Paint, Tile and Wallpaper (Retail)

 

P 3/

P 3

P 4

P

P 3

 

5252

Farm Equipment

 

 

 

 

 

 

 

53

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

 

P/P 2

P 2

P 4

P

P

 

54

Food and Convenience Store (Retail) (5,6)

P/P

P/P

P

P 4

P

P

P 4

5511

Autos, Motorcycles (Retail)

 

 

 

 

P

A 7

 

 

Trucks, Recreational Vehicles (Retail)

 

 

 

 

P 2

 

 

 

Boats (Retail)

 

 

 

 

P 2

 

 

552

Automotive and Marine Accessories (Retail)

 

 

 

 

P 2

 

 

553

Gasoline Service Stations (8,16)

 

P/

 

 

P

P

 

56

Apparel and Accessories (Retail)

P/P 2

P/P

P

P 4, 13, 14

P 2

P

 

57

Furniture, Home Furnishing (Retail)

 

P/P

P

P 4, 13, 14

P

P

 

58

Eating and Drinking Establishments (3, 6)

 

P/ P 9

P 9

P 4, 13, 14

P

P

P

59

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

 

P/ P 3

P 3

P 4, 13, 14

P

P 2

P

 

Adult Retail Establishments (10)

 

P/P

 

 

P

P

 

59

Marijuana Retail Outlet

A 17, 18, 19

A 17, 18

A 17, 18

 

A 17, 18

A 17, 18

A 17, 18

5961

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

 

 

 

 

P 2

 

 

596

Retail Fuel Yards

 

 

 

 

 

 

 

5996

Garden Supplies, Small Trees, Shrubs, Flowers, Ground Cover, Horticultural Nurseries and Light Supplies and Tools (11)

 

P/ P 3

P 3

P 4, 13, 14

P

P

 

5999

Pet Shop (Retail, Pet Day Care, and Grooming) (12)

 

 

P 3

P 4, 13, 14

P

P

 

 

Computers and Electronics (Retail)

 

P/ P 3

P 3

 

P

P

 

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C)

    A – Administrative Conditional Use (see Part 20.30E)

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

(1)    Wholesale trade excludes tank farms.

(2)    This individual use is limited in size to no greater than 20,000 square feet per establishment.

(3)    Any new business which combines three or more permitted retail sales uses shall be limited in size to 50,000 square feet. This Note does not apply to uses that exceed the size limit but are documented existing uses pursuant to LUC 20.25D.060.

(4)    All permitted retail, service, and recreation uses combined shall not exceed 10,000 square feet, except as provided for in Notes (13) and (14) below.

(5)    Food and Convenience Stores (Retail) shall contain at least 75 percent square footage of retail food sales not for consumption on premises.

(6)    Drive-in windows are not allowed except as regulated by LUC 20.25D.060, Existing Conditions.

(7)    See LUC 20.25D.100, Automobile and Motorcycle Sales, Leasing, and Rental, for applicable performance criteria.

(8)    Gasoline service stations may include convenience stores.

(9)    Microbrewery manufacturing is permitted as a component of an eating and drinking establishment; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.

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

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

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

(13)     In any existing development meeting the definition of LUC 20.25D.060, all permitted retail, service, and recreation uses combined may occupy any part of the existing development; provided, that no individual use shall exceed 10,000 square feet.

(14)     In any new residential building, all permitted retail, service, and recreation uses combined may occupy the ground floor without size limitation; provided, that no individual use shall exceed 10,000 square feet. A single building is considered residential for the purposes of this Note if more than 50 percent of the gross floor area is devoted to residential uses.

(15)     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.

(16)     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.

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

(18)         Marijuana retail outlet excludes medical marijuana cooperative. Medical marijuana cooperatives, as authorized under RCW 69.51A.250, now or as hereafter amended, are prohibited in Bellevue. See LUC 20.20.535 for general requirements applicable to marijuana uses.

(19)         Marijuana retail outlet that is allowed as an administrative conditional use pursuant to this section is permitted in BR-MO-1 only.

Chart 20.25D.070

Services Uses in Bel-Red Land Use Districts.

 

 

Services – Bel-Red Districts 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

6

Services

 

 

 

 

 

 

 

61

Finance, Insurance, Real Estate Services (10)

P 9/P 9

P/P

P

P 1, 11, 12

P

P

P

62

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

P/P

P/P

P

P1, 11, 12

P

P

P

6241

Funeral and Crematory Services

C/C

 

 

 

C

 

 

6262

Cemeteries

 

 

 

 

 

 

 

629

Child Care Services (2, 3)

 

 

 

 

 

 

 

 

Family Child Care Home in Single-Family Residence

P/

 

 

P

P

P

P

 

Child Day Care Center

P/P

P/P

P

A 1

P

P

 

 

Adult Day Care

P/P

P/P

P

A 1

P

P

 

63

Business Services, Duplicating and Blue Printing, Steno, Advertising (Except Outdoor), Travel Agencies and Employment (10)

P/P

P/P

P

 

P

P

P

634

Building Maintenance and Pest Control Services

 

 

 

 

P

P

 

637

Warehousing and Storage Services, Excluding Stockyards

 

P/

 

 

P

 

 

639

Rental and Leasing Services: Cars, Trucks, Trailers, Furniture and Tools (4)

 

 

 

 

P

 

 

641

Auto Repair and Washing Services (13)

 

P/P 5

P 5

 

P

P

 

649

Repair Services: Watch, TV, Electrical, Computer, Upholstery

 

 

 

 

P

P 6

 

 

Professional Services: Medical Clinics and Other Health Care Related Services (10)

P/P

P/P

P

 

P

P 6

P

 

Professional Services: Other (10)

 

P/P

 

 

P

P 6

P

6513

Hospitals (10)

/C

 

 

 

 

 

 

66

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

 

 

 

 

P

 

 

671

Governmental Services: Executive, Legislative, Administrative and Judicial Functions (10)

A/A

A/A

 

 

 

A

A

672

673

Governmental Services: Protective Functions and Related Activities Excluding Maintenance Shops (10)

A/A

A/A

A

A

A

A

A

 

Limited Governmental Services: Executive and Administrative, Legislative and Protective Functions (10)

P/P

P/P

P

P 7

P

P

P

674

675

Military and Correctional Institutions

/C

 

 

 

C

 

 

 

Secure Community Transition Facility

 

 

 

 

 

 

 

681

Education: Primary and Secondary (8, 10)

/A

A/A

A

A

A

A

A

682

Universities and Colleges (10)

A/P

A/P

P

 

A

A

 

683

Special Schools: Vocational, Trade, Art, Music, Driving, Barber and Beauty Schools (10)

P/P

P/P

P

P 6

P

P

P 6

691

Religious Activities

P/P

P/P

P

A

P

A

A

692 (A)

Professional and Labor Organizations, Fraternal Lodge

A/A

A/A

A

 

P

A

A

692 (B)

Social Service Providers

P/P

P/P

P

P

P

P 6

P

 

Administrative Office – General (10)

P 9 /P 9

P/P

P 9

 

P

P 9

P

 

Computer Programming, Data Processing and Other Computer Related Services

 

 

P 9

 

P 9

P

P

 

Research, Development and Testing Services

 

 

P 9

 

P 9

P

P

 

Marijuana Research (14)

 

 

 

 

 

 

 

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C)

    A – Administrative Conditional Use (see Part 20.30E)

Notes: Uses in land use districts – Services.

(1)    All permitted retail, service, and recreation uses combined shall not exceed 10,000 square feet, except as provided for in Notes (11) and (12) below.

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

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

(4)    See LUC 20.25D.100, Automobile and Motorcycle Sales, Leasing, and Rental, for applicable performance criteria.

(5)    Auto repair and washing services are permitted as a subordinate use pursuant to LUC 20.20.840 only if located in a structured parking area.

(6)    This use is limited in size to no greater than 20,000 square feet.

(7)    Uses are limited to community police stations of 1,500 square feet or less.

(8)    Refer to LUC 20.20.740 for general requirements applicable to public and private schools. Schools located in the BR-ORT land use district are considered to be in a Transition Area for the purposes of applying the above-referenced section. All Bel-Red land use districts are considered to be nonresidential for the purposes of applying LUC 20.20.740.

(9)    Limited to 0.5 floor area ratio (FAR).

(10)    Bicycle parking shall be provided pursuant to LUC 20.25D.120.G.

(11)    In any existing development meeting the definition of LUC 20.25D.060, all permitted retail, service, and recreation uses combined may occupy any part of the existing development; provided, that no individual use shall exceed 10,000 square feet.

(12)    In any new residential building, all permitted retail, service, and recreation uses combined may occupy the ground floor without size limitation; provided, that no individual use shall exceed 10,000 square feet. A single building is considered residential for the purposes of this note if more than 50 percent of the gross floor area is devoted to residential uses.

(13)    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.

(14)    Marijuana research uses, as authorized under RCW 69.50.372, now or as hereafter amended, are prohibited in Bellevue. See LUC 20.20.535 for general requirements applicable to marijuana uses.

Chart 20.25D.070

Recreation Uses in Bel-Red Districts.

 

 

Recreation – Bel-Red Districts 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

7

Cultural Entertainment and Recreation

 

 

 

 

 

 

 

711

Library, Museum

P

P

P

A 1

P

P

 

7113

Art Gallery

 

P/P

P

P 2, 8, 9

P

P

 

712

Nature Exhibitions: Aquariums, Botanical Gardens and Zoos (3)

 

 

 

 

C

C

 

7212 7214 7222 7231 7232

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

 

A/A

 

 

A

A

 

7212 7214 7218

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

 

P/P

P

 

P

P

 

7213

Drive-In Theaters

 

 

 

 

 

 

 

 

Adult Theaters (4)

 

P/P

 

 

P

 

 

7223

3

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

 

 

 

 

A

A

 

73

Commercial Amusements: Video Arcades, Electronic Games

 

 

A

 

A

A

 

7411 7413 7422 7423 7424 7441 7449

Recreation Activities: Golf Courses, Tennis Courts, Community Clubs, Athletic Fields, Play Fields, Recreation Centers, Swimming Beaches and Pools (5)

A/

A/A

A

 

A

A

 

744

Marinas, Yacht Clubs

 

 

 

 

 

 

 

7414 7415 7417 7425 7413

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

 

P/P

P

 

P

P

 

7491 7515

Camping Sites and Hunting Clubs

 

 

 

 

 

 

 

76

Private Leisure and Open Space Areas Excluding Recreation Activities Above

P

P/P

P

C

P

P

P

 

Private Park

A

A/A

A

A

A

A

 

 

Stables and Riding Academies

 

 

 

 

 

A

 

 

Boarding or Commercial Kennels

 

 

 

 

A 6

A 6

 

 

Public Park

P

P/P

P

P 7

A

A

P 7

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Recreation.

(1)    This individual use is limited in size to no greater than 20,000 square feet.

(2)    All permitted retail, service, and recreation uses combined shall not exceed 10,000 square feet, except as provided for in Notes (1), (8), and (9) of this Recreation Use Chart.

(3)    Excludes zoos.

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

(5)    For carnivals, see LUC 20.20.160.

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

(7)    Public parks are generally permitted in all districts. However, the following types of uses or facilities in public parks require Administrative Conditional Use approval when located in the BR-R or BR-ORT land use districts: lighted sports and play fields, sports and play fields with amplified sound, and community recreation centers. Nonrecreation uses in public parks located in the BR Land Use Districts require conditional use approval, except that the permit requirements for wireless communication facilities shall be as set forth in LUC 20.20.195. For purposes of this note, “nonrecreation use” means a commercial, social service or residential use located on park property but not functionally related to park programs and activities.

(8)    In any existing development meeting the definition of LUC 20.25D.060, all permitted retail, service, and recreation uses combined may occupy any part of the existing development; provided, that no individual use shall exceed 10,000 square feet.

(9)    In any new residential building, all permitted retail, service, and recreation uses combined may occupy the ground floor without size limitation; provided, that no individual use shall exceed 10,000 square feet. A single building is considered residential for the purposes of this note if more than 50 percent of the gross floor area is devoted to residential uses.

Chart 20.25D.070

Resource Uses in the Bel-Red Districts.

 

 

Resources – Bel-Red Districts 

STD LAND USE CODE REF

 

Bel-Red Medical

Office/Node

Bel-Red Office

Residential/Nodes

Bel-Red Residential

Commercial Nodes

Bel-Red Residential

Bel-Red General

Commercial

Bel-Red Commercial

Residential

Bel-Red Office

Residential Transition

LAND USE CLASSIFICATION

BR-MO/

MO-1

BR-OR/

OR-1 OR-2

BR-

RC-1 RC-2 RC-3

BR-R

BR-GC

BR-CR

BR-ORT

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

 

 

 

 

P (1)

P (1)

 

 

Marijuana Production

 

 

 

 

 

 

 

8192

Other Horticultural Specialties: Medical Cannabis Collective Gardens (3)

 

 

 

 

 

 

 

821

Agricultural Processing

 

 

 

 

 

 

 

 

Marijuana Processing

 

 

 

 

 

 

 

 

Medical Marijuana Cooperative (4)

 

 

 

 

 

 

 

8221

Veterinary Clinic and Hospital (2)

 

P/P

P

 

P

P

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

 

 

 

 

 

 

 

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Resources.

(1)    Agriculture production is limited to the production of food and fiber crops.

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

(3)    Medical cannabis collective gardens are prohibited in Bellevue. See LUC 20.20.535 for general requirements applicable to marijuana uses.

(4)    Medical marijuana cooperatives, as authorized under RCW 69.51A.250, now or as hereafter amended, are prohibited in Bellevue. See LUC 20.20.535 for general requirements applicable to marijuana uses.

(Ord. 6316, 11-7-16, §§ 7, 8; Ord. 6281, 3-21-16, § 2; Ord. 6253, 8-3-15, §§ 6 – 8; Ord. 6223, 4-6-15, § 2; Ord. 6197, 11-17-14, § 19; Ord. 6132 B-1, 10-21-13, § 3; Ord. 6102, 2-27-13, § 3; Ord. 6016, 8-1-11, § 3; Ord. 5989, 2-7-11, §§ 5, 6, 7; Ord. 5892, 7-20-09, § 2; Ord. 5874, 5-18-09, § 1)

20.25D.080 Dimensional Requirements.

A.    General.

This subsection (Chart 20.25D.080.A, Dimensional Requirements in Bel-Red Districts) sets forth the dimensional requirements for each land use district in the Bel-Red Subarea. The Dimensional Requirements of Chart 20.20.010 do not apply in the Bel-Red Land Use Districts. Each structure, development, or activity in a Bel-Red Land Use District shall comply with these requirements except as otherwise provided in this section. If a number appears in a box at the intersection of a column and a row, the dimensional requirement is subject to the special limitation indicated in the corresponding note.

Chart 20.25D.080.A

Dimensional Requirement in Bel-Red Districts.

Bel-Red Land Use District (19)

Tower Type

(1) (17)

Minimum Setbacks/Stepbacks

(3) (5) (7) (8) (10)

Gross SF/Floor Above 40 ft. (gsf/f) (16) (20) (21)

Gross SF/Floor Above 80 ft. (gsf/f) (16) (20) (21)

Maximum Impervious Surface/ Lot Coverage (6)

Building Height (4)(22)

Floor Area Ratio (4) (9)

Front

Rear

Side

Base

Max.

Base

Max.

MO-1 OR-1 RC-1

Nonresidential

 

Residential

0 (2)

0 (14)

0 (14)

28,000

 

28,000/12,000

28,000

 

9,000

75%

45

150

1.0

4.0

OR-2 RC-2

Nonresidential

 

Residential

0 (2)

0 (14)

0 (14)

28,000

 

28,000/12,000

28,000

 

9,000

75%

45

125

1.0

4.0

RC-3 (15)

Nonresidential

 

Residential

0 (2)

0

0

28,000

 

28,000

NA

75%

45 (13)

70 (13)

1.0

4.0

CR (15)

Nonresidential

 

Residential

0 (2)

0

0

28,000

 

28,000

NA

75%

45 (13)

70 (13)

1.0

2.0

R

Nonresidential

 

Residential

0 (2)

0

0

NA

NA

75%

30

45

1.0

2.0

MO

 

OR

Nonresidential

 

Residential

0 (2)

0

0

28,000

 

28,000

NA

75%

70

70

1.0

1.0

GC

Nonresidential

 

Residential

0 (2)

0

0

NA

NA

75%

45

45

1.0

1.0

ORT

Nonresidential

 

Residential

20

30

20

NA

NA

75%

45(11)

45 (11)

0.75

0.75

All

Parking (12) (18)

 

 

 

NA

NA

75%

30

30

0.5

0.5

Notes: Chart 20.25D.080.A Dimensional Requirement in Bel-Red Districts.

(1)    For the purposes of this chart, a tower is determined to be nonresidential or residential if more than 50 percent of the gross floor area of the tower is devoted to that use. This distinction does not apply to the requirement for providing FAR amenities per this Part.

(2)    Where building height exceeds 45 feet, and the building is located within 15 feet of the front property line, the building shall incorporate a 15-foot-deep stepback in that facade at a height no more than 40 feet above the average finished grade along that facade.

(3)    All rear and side yards shall contain landscaping as required by LUC 20.20.520 and 20.25D.110.

(4)    The maximum building height and FAR may be achieved only by participation in the FAR Amenity System, LUC 20.25D.090.

(5)    A building facade on any street identified as a Required Sidewalk-Oriented Development pursuant to LUC 20.25D.130.C shall incorporate a 15-foot-deep stepback in that facade at a height no more than 40 feet above the average finished grade along that facade.

(6)    Impervious Surface/Lot Coverage is calculated after subtracting all critical areas and critical area buffers; provided, that coal mine hazards (LUC 20.25H.130) and habitat associated with species of local importance (LUC 20.25H.150) shall not be subtracted. See LUC 20.20.460 for exceptions and performance standards relating to impervious surface.

(7)    See LUC 20.20.030 for designation and measurement of setbacks.

(8)    See LUC 20.25H.035 for additional critical area setbacks.

(9)    See LUC 20.25H.045 for calculation of density/intensity on sites in the Critical Areas Overlay District.

(10)    Certain non-critical area setbacks on sites in the Critical Areas Overlay District may be modified pursuant to LUC 20.25H.040.

(11)    Maximum building height in the BR-ORT land use district shall be measured from average existing grade. See LUC 20.25D.130.D.4.d for additional transition edge development requirements.

(12)    The ground floor of a parking structure shall include required ground floor uses pursuant to LUC 20.25D.130.A.

(13)    Maximum building height west of 156th Avenue NE. Maximum building height located within 50 feet of the back of sidewalk along 156th Ave NE shall not exceed 45 feet as measured from the sidewalk grade adjacent to the building front. Maximum building height located greater than 50 feet from the back of sidewalk along 156th Ave NE shall not exceed 70 feet as measured from average existing grade.

(14)    Where building height exceeds 80 feet, all floors above 40 feet shall include a minimum side setback of 25 feet and a minimum rear setback of 25 feet as measured from the property line. Where building heights exceed 80 feet, a minimum separation of 50 feet for buildings on the same site shall be maintained for all floors above 40 feet. See subsection B of this section for exceptions to this minimum setback/stepback dimensions.

(15)    Maximum facade lengths west of 156th Avenue NE. The facade of any single building fronting on 156th Ave NE shall not exceed a maximum length of 150 feet. All buildings or portions of buildings located above the sidewalk grade measured adjacent to 156th Ave NE shall include a minimum building separation of 40 feet. The required minimum separation shall provide for a continuous building separation corridor that extends from 156th Ave NE to Bellevue-Redmond Road.

(16)    Gross square feet per floor may be averaged for floor plates located above 40 feet.

(17)    For the purposes of determining tower type, hotels and motels shall be considered nonresidential.

(18)    For parking structure minimum setbacks refer to specific land use district.

(19)    In the OR-1 and OR-2 Land Use Districts, all new development located on any site greater than five acres and less than 30 acres in size on May 26, 2009, shall provide a minimum of 20 percent of total project gross square feet as residential use. A phased development shall provide the proportional minimum of residential use required per phase, except when approved as a component of a catalyst project Master Development Plan and the proportional development requirement is modified pursuant to a development agreement (see LUC 20.25D.035).

(20)    The 28,000 gsf/f above 40 feet applies only to towers that do not exceed 80 feet. For residential towers, the maximum gross square feet per floor above 40 feet and at or below 80 feet is 12,000 gsf/f. For residential towers the maximum gross square feet per floor above 80 feet is 9,000 gsf/f.

(21)    Denotes roof height above average finished grade.

(22)    Variance from building height pursuant to Part 20.30G LUC is not permitted in any Bel-Red land use district.

B.    Exceptions to Dimensional Requirements.

1.    Floor Plate Exceptions.

a.    The Director may allow the connection of floor plates above 40 feet such that those floor plates exceed the gross square feet per floor above 40 feet consistent with the following limitations:

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

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

iii.    The alternative design shall result in a building mass that gives the appearance of separate and distinct building elements.

b.    Gross square feet per floor above 80 feet may be increased to 10,000 gsf/f if all required affordable housing is provided within the building and not through payment of a fee in lieu.

2.    Setback/Stepback Exceptions.

a.    Marquees, awnings, or bay windows that comply with the requirements of the Bel-Red Subarea Design Guidelines adopted pursuant to LUC 20.25D.150 may be permitted to extend over the public right-of-way upon approval of the Director.

b.    The Director may allow modifications to the requirements of Note (14) of Chart 20.25D.080.A consistent with the following limitations:

i.    The applicant can demonstrate that the resulting design will be more consistent with the Bel-Red Subarea Design Guidelines adopted pursuant to LUC 20.25D.150; and

ii.    The building design, with the modification, shall maintain a minimum spacing between towers of not less than 50 feet.

c.    Minor building elements as defined pursuant to LUC 20.20.025.C may intrude into any setback or stepback required pursuant to Chart 20.25D.080.A; provided, that the applicant can demonstrate that the resulting design will be more consistent with the Bel-Red Subarea Design Guidelines adopted pursuant to LUC 20.25D.150.

3.    Floor Area Ratio Exceptions.

a.    Per the FAR Amenity Incentive System, LUC 20.25D.090, floor areas dedicated to affordable housing, public restrooms, and child care/nonprofit uses shall not be counted for the purpose of calculating FAR.

b.    Each square foot of ground floor retail and enclosed plaza meeting the criteria set forth below shall not be counted for the purpose of calculating FAR:

i.    Ground Floor Retail Uses. Ground floor retail uses as defined in LUC 20.25D.130.A shall not be counted provided the following limitations are met:

(1)    The ground floor retail shall only be eligible for exception if located within a multi-story, multi-use building;

(2)    The ground floor retail shall meet the requirements set forth in LUC 20.25D.130.A, Bel-Red Subarea development standards, applicable to retail uses;

(3)    Outside the nodes the maximum depth of tenant space eligible for exception is 60 feet; and

(4)    Inside the nodes ground floor retail shall not be counted.

ii.    Enclosed plazas shall not be counted provided the following limitations are met:

(1)    The enclosed plaza shall be clearly visible and accessible from the public right-of-way;

(2)    The enclosed plaza shall coordinate with and complement ground floor retail uses to the maximum extent feasible;

(3)    At least 10 percent of the surface area of the enclosed plaza shall be landscaped;

(4)    The enclosed plaza shall contain at least 1 sitting space for each 100 square feet of plaza;

(5)    The enclosed plaza shall be a minimum size of 1,000 square feet;

(6)    Only 4,000 square feet of the enclosed plaza shall be excepted for the purpose of calculating FAR;

(7)    The enclosed plaza shall have a minimum horizontal dimension (width and depth) of no less than 20 feet;

(8)    The enclosed plaza shall be signed as “Public Access” and open to the public from 7:00 a.m. to 9:00 p.m. daily or during business hours, whichever is longer. The sign for the enclosed plaza shall be visible from the public right-of-way; and

(9)    Any use or feature for the exclusive use of the building users or tenants shall be counted for the purpose of calculating FAR.

c.    In the BR-MO Land Use District, up to one FAR of floor area dedicated to on-site affordable housing in a congregate care senior housing, nursing home or assisted living project shall not be counted for the purposes of calculating the FAR; provided, that:

i.    The square footage of excepted floor area shall be negotiated through a Council-approved development agreement that is consistent with Chapter 36.70B RCW;

ii.    The bedroom mix and exterior finishes shall be comparable to the market rate units, but interior design, unit size, amenities and interior finishes may vary;

iii.    A public benefit shall be derived from the development of affordable housing in the proposed location; and

iv.    An agreement in a form approved by the City shall be executed by the applicant and recorded with the King County Recorder’s Office, or its successor organization, requiring the affordable housing to remain for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant.

d.    In the BR-MO Land Use District, up to one FAR of floor area dedicated to congregate care senior housing, nursing home, or assisted living uses shall not be counted for the purposes of calculating the FAR; provided, that the applicant:

i.    Pays the residential fee-in-lieu of providing on-site affordable housing, pursuant to subsection B.3.c of this section, in the fee amount required by LUC Chart 20.25D.090.C for each square foot of excepted floor area; and

ii.    Executes and records with the King County Recorder’s Office, or its successor organization, an agreement in a form approved by the City dedicating the excepted floor area to congregate care senior housing, nursing home, or assisted living uses for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant.

C.    Impervious Surface/Lot Coverage.

1.    Underground buildings as defined in LUC 20.50.050 are not structures for the purpose of calculating floor area.

2.    Buildings constructed partially below grade and not higher than 30 inches above existing or finished grade, whichever is lower, are not structures for the purpose of calculating lot coverage subject to the following conditions:

a.    The 30-inch height limit shall be met at all points along the building excluding those areas necessary to provide reasonable ingress and egress to the underground portions of the building; and

b.    The rooftop of any underground building shall be screened from abutting properties with 10 feet of Type II landscaping as described in LUC 20.20.520.G.2; except that the required trees shall be a minimum of 10 feet in height at planting. Alternatively, if a use is proposed for the rooftop, the rooftop may be landscaped consistent with the planting requirements for the specific use that is proposed and for the land use district in which the use is located. All landscaping shall comply with standards set forth in LUC 20.20.520.

3.    Buildings constructed partially below grade and not higher than 30 inches above average finished grade are not structures for the purpose of calculating impervious surface; provided, that the rooftop of the building shall be landscaped consistent with the City of Bellevue’s Utilities Department Engineering Standards, Chapter D6, now or as hereafter amended, for the building roof area as approved by the Director.

D.     Floor Area Ratio Earned from Special Dedications and Transfers.

1.    General. Land that is dedicated to the City of Bellevue for right-of-way or to accommodate the linear alignment of an RLRT system, parks, or open space, without compensation to the owner, may be used for the purpose of computing maximum FAR notwithstanding the definition of floor area ratio in LUC 20.50.020; provided, that the requirements of subsection D.2 or D.3 of this section are met. The Director shall calculate the amount of square footage earned for transfer. Any dedication for which a transfer is earned under this subsection D is not eligible to earn additional bonus under Chart 20.25D.090.C.

2.    Right-of-Way and Linear Alignment of an RLRT System Special Dedications. The special dedication provisions of LUC 20.30V.170.B do not apply in the Bel-Red subarea.

a.     Eligible Right-of-Way Identified in an Adopted Plan or Document. A property owner may make 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, the Capital Investment Program Plan or the street development standards of LUC 20.25D.140 by an instrument approved by the City Attorney.

b.    Eligible Right-of-Way Not Otherwise Identified. A property owner may make a special dedication by conveying land identified by the Director of Transportation as necessary for safety or operational improvement projects by an instrument approved by the City Attorney.

c.     Floor Area Earned. The floor area available to transfer shall be equal to that permitted through the base and maximum FAR limits that apply to the square footage of the area to be dedicated in conformance with this subsection D.2 and shall be included in the project limit for the purpose of computing maximum FAR. The transfer FAR shall be calculated based on applicable land use district regulations for the dedication area and may include FAR earned through the amenity incentive system if permitted by the land use district.

3.    Parks and Open Space Transfers.

a.    Eligible Park or Open Space identified within the Bel-Red Subarea Plan. A property owner may earn floor area for transfer to a different site by conveying land identified for park or open space in the Bel-Red Subarea Plan by an instrument approved by the City Attorney.

b.    Floor Area Earned. The floor area available to transfer shall be equal to that permitted through the base and maximum FAR limits that apply to the square footage of the area to be dedicated in conformance with this subsection D.3 and shall be added to the allowed floor area of the project for the purpose of computing maximum FAR. The transfer FAR shall be calculated based on applicable land use district regulations for the dedication area and may include FAR earned through the amenity incentive system if permitted by the land use district.

Dedication Area in Square Feet

×

Base FAR applicable to dedication area + FAR earned through amenity incentive system, not to exceed maximum FAR applicable to dedication area

=

Total Transferable Floor Area

c.    Use of Transferable Floor Area.

i.    Limitation on Location. Transferable floor area shall only be used in the following Bel-Red land use districts (MO-1, OR-1, OR-2, RC-1, RC-2, CR, and R).

ii.    Limitation on Transfer.

Transferable floor area shall not be used to achieve an effective site FAR of greater than 0.5 above the maximum FAR permitted for the land use district.

Hypothetical example: A 0.5-acre site, zoned CR, is dedicated to the City for park space. The CR zoning district has a base FAR of 1.0 and a maximum FAR of 2.0. Therefore, up to 21,780 square feet (0.5 acres multiplied by 43,560 square feet) of floor area could be transferred to a development site in Bel-Red at the base FAR, or up to 43,560 square feet could be transferred if additional FAR is earned through participation in the amenity incentive system.

If the receiving site is 10 acres with a maximum FAR of 4.0, its allowed floor area, with participation in the amenity incentive system, would be 1,742,400 square feet (10 acres multiplied by 43,560 square feet multiplied by 4.0 FAR). By transferring additional floor area from the above sending site, the maximum floor area could be 1,785,960 square feet (1,742,400 plus 43,560 square feet). The transferred area could not exceed an additional 0.5 FAR for the receiving site, or 217,800 square feet.

4.    Notwithstanding any provision of this Code, no transfer of floor area occurs when all property is included in one project limit. (Ord. 6293, 6-20-16, § 1; Ord. 6197, 11-17-14, §§ 20, 21; Ord. 6102, 2-27-13, § 4; Ord. 5874, 5-18-09, § 1)

20.25D.090 FAR Amenity Incentive System.

A.    General.

A development within a project limit may exceed the base FAR and base building height permitted pursuant to Chart 20.25D.080.A for development within a Bel-Red land use district only if it complies with the requirements of this section. In no case may the development within a project limit exceed the maximum floor area ratio permitted for the district except pursuant to LUC 20.25D.080.D. 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. Any dedication for which a transfer is earned under LUC 20.25D.080.D is not eligible to earn additional bonus under this Section.

B.    Required Review.

The Director 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.

1.    Participation in the FAR Amenity System shall comply with Chart 20.25D.090.C, FAR Amenity Incentive System, provided below.

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

3.    Development within a project limit may only exceed its base FAR limit and base building height by providing FAR amenities as described in Chart 20.25D.090.C and this subsection. To achieve the maximum FAR for the district, amenities from Tier 1 and Tier 2 must be provided at the specified ratio for every additional square foot of building area to be built beyond the base limit.

a.    A development within a single project limit must first fully utilize Tier 1 amenity bonuses before using Tier 2 amenity bonuses.

b.    A residential development or a residential portion of a development must utilize Tier 1 amenities in the following order:

i.    Tier 1a, affordable housing, as described in Chart 20.25D.090.C.1; and

ii.    Tier 1b, park dedications, park improvements, trail dedications and easements, stream restoration, or regional transfer of development rights, as described in Chart 20.25D.090.C.2 through 6.

c.    After fulfilling Tier 1, a development may utilize any of the amenity bonus types, whether from Tier 1 or 2. Tier 1 equals 2.5 FAR above the base in the MO-1, OR-1, OR-2, RC-1, RC-2, and RC-3 districts and Tier 1a and 1b each equal 1.25 FAR, where applicable. Tier 2 equals 0.5 FAR above Tier 1 in the MO-1, OR-1, OR-2, RC-1, RC-2, and RC-3 districts.

4.    Tier 1 equals 1.0 FAR above the base in the CR and R districts and Tier 1a and 1b each equal 0.5 FAR, where applicable. No Tier 2 bonuses are permitted in the CR and R districts.

Example of Tiered FAR Amenity Allocation

Figure 20.25D.090.C

5.    In-lieu fees shall be used to develop the amenity for which the in-lieu fee was paid to earn bonus FAR.

6.    In-lieu fees shall be assessed and collected at building permit issuance.

7.    Chart 20.25D.090.C FAR Amenity Incentive System.

 

FAR AMENITY STANDARDS 

AMENITY (1)

APPLICABLE ZONES AND BONUS (3)

DESIGN CRITERIA

MO-1, OR-1, OR-2, RC-1, RC-2, RC-3, CR, R

TIER 1a

1. AFFORDABLE HOUSING*

Threshold bonus for residential/mixed-use development at up to 80% median income level for rental and up to 100% income level for ownership. (2)

*Floor area shall not be counted for the purpose of calculating FAR.

Rental: 4.6 sf bonus building area per sf of affordable rental housing at 80% median income. Owner: 7.2 sf bonus building area per sf of ownership affordable housing at 100% median income. Fee-in-lieu for Tier 1 residential: $18 per sf bonus area.

Fee-in-lieu for nonresidential and Tier 2: $15 per sf bonus area.

1. May be integrated into the same building as market rate housing, or in a stand-alone building on-site.

2. Design shall be generally consistent with associated market rate housing; provided, that unit size, amenities, and interior finishes may vary from market rate units; and further provided, that the bedroom mix and exterior finishes shall be comparable to the market rate units.

TIER 1b

2. PARK DEDICATION

Dedication of land for park purposes that is provided by the owner consistent with the Bel-Red Parks and Open Space Plan generalized locations and size requirements as depicted in the Bel-Red Subarea Plan (Figure S-BR.3).

3.0 sf bonus building area per sf of park dedication. Fee-in-lieu: $15 per sf bonus area.

1. Park dedications shall be consistent with the Bel-Red Parks and Open Space Plan identified locations and sizes.

2. Park dedications do not need to be contiguous with the site on which development is proposed.

3. Park dedications shall include FAR associated with the dedicated area.

4. The dedication shall be provided in a form satisfactory to the City.

3. PARK IMPROVEMENTS

Improvements made on private property to function as park area, or improvements made to City-owned community, neighborhood, and mini-parks.

2.7 sf bonus building area per sf of new park, (does not include land value). Fee-in-lieu: $15 per sf bonus area.

1. Improvements made on private property to function as park area must be consistent with the Bel-Red Subarea Plan.

2. Improvements made on private property to function as park area do not need to be contiguous with the site on which development is proposed.

3. Improvements made on private property to function as park area must include signage and effectively function as part of the Bellevue parks system, including the ability to be programmed by the City.

4. Owners of private property improved to function as a park area shall provide an easement in a form satisfactory to the City that allows for public access and maintenance.

5. Improvements made to City-owned parks must be constructed by the developer consistent with applicable City plans.

4. TRAIL DEDICATIONS AND EASEMENTS

Dedications and easements of land for public access trail purposes that are provided by the developer consistent with the Bel-Red Subarea Parks and Open Space Plan paved multi-purpose or soft surface locations and size requirements (Figure S-BR.3).

3.0 sf bonus building area per sf of trail dedication.

1.5 sf bonus building area per sf of trail easement.

Fee-in-lieu: $15 per sf bonus area.

1. Trails are dedicated or provided through an easement for public use at the discretion of and in a form approved by the City.

2. Trail dedications and easements shall be consistent with the Bel-Red Parks and Open Space Plan paved multi-purpose or soft surface locations and sizes.

3. Trail dedications and easements do not need to be contiguous with the site for which development is proposed.

4. Trail dedications shall include FAR associated with the dedicated area.

5. Trail easements shall allow City access for trail construction and maintenance.

5. STREAM RESTORATION

Stream restoration bonus to be applied for improvements above and beyond City’s Critical Areas provisions, Part 20.25H LUC. Projects must be in the Bel-Red Subarea Plan, and may include removal of fish passage barriers, daylighting piped stream segments, restoration of natural streamside vegetation, and enhanced fish and wildlife habitat.

66.7 sf building area bonus per $1,000 stream restoration (does not include land value).

Fee-in-lieu $15 per sf bonus area. Fee-in-lieu is not subject to the minimum 10,000 sf requirement.

1. A restoration plan shall be prepared by a qualified professional and approved by the City.

2. Must be coordinated with public trail system to the greatest extent possible.

3. Improvements and plans to support those improvements shall be in addition to those required by Part 20.25H LUC, Critical Areas Overlay District.

4. Minimum 10,000 sq. ft.

5. May occur on site or off site.

6. Owner shall provide easement allowing City access for maintenance, monitoring, and trail construction.

6. REGIONAL TRANSFER OF DEVELOPMENT RIGHTS (TDRs)

Transfer of development rights to designated Bel-Red areas that achieve conservation of rural resource lands outside the Countywide Urban Growth Boundary.

1,333 sf bonus building area per TDR credit, or per Bellevue-King County TDR Interlocal Agreement as originally adopted or subsequently amended.

1. TDR credits defined in accordance with the King County TDR Program as approved or subsequently amended by the City pursuant to the Bellevue-King County TDR Interlocal Agreement.

2. TDR credits for use in the entire Bel-Red Subarea are limited to 75.

TIER 2

7. CHILD CARE/NONPROFIT SPACE*

Floor area dedicated to child care, nonprofit groups whose purpose is to provide community or social services, or nonprofit groups whose purpose is to provide arts/cultural uses.

*Floor area shall not be counted for the purpose of calculating FAR.

13.7 sf bonus building area per sf of nonprofit/community service space.

Fee-in-lieu at $15 per sf bonus area (or higher rate).

1. Child care services must comply with the requirements of LUC 20.20.170.

2. Nonprofit arts/cultural uses include art education, rehearsal, and performance, art production, and artist live/work space.

3. Space shall be used in manner described for the life of the project.

4. Documentation of nonprofit status shall be provided.

5. Director may approve a buy-out of space originally dedicated to child care/nonprofit space at the prevailing fee-in-lieu rate if applicant shows good faith efforts to locate eligible tenant. If buy-out option is approved, covenant required in number 3 above shall be released.

8. 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.

*Floor area shall not be counted for the purpose of calculating FAR.

16.7 sf bonus building area per sf of public rest room space.

1. Shall be located on the ground level of the building.

2. Shall be open for use by the public during normal business hours.

3. Exterior of building shall be signed to identify location and public access of facility.

4. Maintenance of the facility is the obligation of the owner of that portion of the building within which the rest room is located for the life of the project.

9. PUBLIC ART

Sculpture, mural, water feature or other artwork that is located outside of or on a building and fully accessible to the general public. Includes building-related art treatments for awnings, doors, planters, etc., as well as fountains, cascades, and reflection ponds.

66.7 sf building area bonus per $1,000 artwork.

1. Shall be permanent and displayed outside of or on the building in areas open to the general public and/or any adjacent public right-of-way, perimeter sidewalk or pedestrian way.

2. May be an object or integrated feature of the building’s exterior.

3. Art must be accepted by the Bellevue Arts Commission per the Public Art Selection Criteria.

4. Value of art to be determined through appraisal accepted by Bellevue Arts Program.

5. Maintenance of the art is the obligation of the owner of that portion of the site where the public art is located for the life of the project.

10. PUBLIC ACCESS TO OUTDOOR PLAZA

A continuous open space, predominantly open above, and designed predominantly for use by people as opposed to serving specifically as a setting for a building.

2.3 sf bonus building area per sf of outdoor plaza.

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

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

3. At least 20% of the plaza surface area shall be landscaped.

4. Shall provide at least one sitting space for each 100 sf of plaza.

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

6. Minimum size is 1,500 sq. ft.

7. Maximum size is 15,000 sq. ft.

8. Minimum horizontal dimension is 20 ft.

9. Shall provide opportunities for penetration of sunlight in majority of plaza between 11:00 a.m. and 2:00 p.m.

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

11. Shall provide “Public Access” signage and be open to the public from 7:00 a.m. to 9:00 p.m. daily or during business hours, whichever is longer.

11. LEED GOLD OR PLATINUM CERTIFICATION

0.13 FAR bonus for LEED Gold.

0.33 for LEED Platinum.

1. Building shall meet minimum criteria for LEED certification in chosen category.

2. A performance bond equivalent to the value of the bonus shall be provided to the City by the developer. In the event the project does not achieve the planned rating, all or part of the money shall be used for environmental improvements identified by the City.

12. ACTIVE RECREATION AREA*

An area which provides active recreational facilities for tenants of the development of which it is a part and for the general public. Does not include health or athletic clubs.

*Floor area shall not be counted for the purpose of calculating FAR.

9.7 sf bonus building area per sf of active recreation area. 66.7 sf building area bonus per $1,000 active recreation improvement (does not include land value).

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, sport courts, child play areas, and exercise rooms.

4. May be fee-for-use but not exclusively by membership.

13. NATURAL DRAINAGE PRACTICES

Low impact development techniques that improve natural drainage practices such as rain gardens, pervious pavement, vegetated roof, and amended soils.

0.7 sf bonus building area per sf of effective natural drainage practice.

1. Shall meet criteria of the Bellevue Utilities Department Engineering Standards Chapter D9, now or as hereafter amended.

2. Underlying soil condition and infiltration rate must be appropriate for the practice.

3. Requirement for large storm events as determined by Bellevue Utilities Department shall be met.

4. Maintenance of the natural drainage practice is the obligation of the property owner for the life of the project.

Notes: Chart 20.25D.090.C FAR Amenity Incentive System.

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

(2)    An agreement in a form approved by the City must be recorded with King County Department of Records and Elections requiring affordable housing square footage that is provided under this section to remain affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant.

(3)    Where a bonus is earned by payment of a fee-in-lieu, the fee-in-lieu amount established in Chart 20.25D.090.C as of May 26, 2009, will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain accurate costs for the region.

(Ord. 5874, 5-18-09, § 1)

20.25D.100 Automobile and Motorcycle Sales, Leasing, and Rental.

A.    The following decision criteria, in addition to the criteria in LUC 20.30E.140, apply to an Administrative Conditional Use Permit application for the leasing, rental, and/or retail sale of automobiles and/or motorcycles in the BR land use districts:

1.    The applicant shall provide adequate off-street unloading area for vehicle carriers;

2.    Limitations on Outside Storage and Displays.

a.    Inside Nodes: No outside storage or display is permitted between the building and public right-of-way designated for required sidewalk-oriented development (refer to LUC 20.25D.130.C);

b.    Properties abutting the north side of Bellevue-Redmond Road: No outside storage or display is permitted between the building and Bellevue-Redmond Road; and

3.    The provisions of LUC 20.20.135 shall not apply within Bel-Red. (Ord. 5874, 5-18-09, § 1)

20.25D.105 Operations and Maintenance Satellite Facility Development Requirements.

A.    Applicability. This section applies to property where the use, construction, or installation of an OMSF is proposed, including areas disturbed temporarily during construction and identified for mitigation of permanent and temporary impacts related thereto.

B.    Purpose. The purpose of this section is to:

1.    Provide certainty and predictability for the City, the Regional Transit Authority, and the public with respect to Land Use Code requirements and processes applicable to an OMSF;

2.    Provide a mechanism for addressing any applicable Land Use Code requirements that are impractical or infeasible for an OMSF;

3.    Facilitate transparent and efficient decision making and interagency cooperation between the City of Bellevue and the Regional Transit Authority;

4.    Ensure that the design, development, construction and operation of the OMSF is consistent with applicable Comprehensive Plan and Subarea Plan Policies; and

5.    Ensure that the development, construction and operation of the OMSF complies with applicable Bellevue City Codes, including without limitation the noise control code, Chapter 9.18 BCC, and the environmental procedures code, Chapter 22.02 BCC.

C.    Who May Apply. A Regional Transit Authority authorized under Chapter 81.112 RCW, as may be hereinafter amended, may apply for Master Development Plan and Design Review approvals required by the terms of LUC 20.25D.070 Transportation and Utilities Chart Note (18) to develop an OMSF; provided, the following conditions have been satisfied for all properties affected by the application(s):

1.    The Regional Transit Authority has completed environmental review of the OMSF site identified in the City of Bellevue;

2.    Design elements agreed to in any MOU between the Regional Transit Authority and the City of Bellevue have been included in the environmental review completed to support siting and development of the OMSF;

3.    The OMSF is designed to serve or accommodate storage of no more than 96 cars; and

4.    A final decision regarding location of the OMSF site has been made by the Regional Transit Authority.

D.    Applicable Land Use Code Provisions.

1.    Applicable Bel-Red Land Use District Sections Incorporated by Reference. Predictability and certainty with respect to substantive Land Use Code requirements ensures that an OMSF design is sensitive to the context of the underlying land use district, and that temporary and permanent impacts are appropriately mitigated. The following Bel-Red Land Use District sections of the Land Use Code are expressly incorporated into the provisions of this section and made applicable to an OMSF within that land use district:

a.    LUC 20.25D.010 – General;

b.    LUC 20.25D.020 – Definition Specific to Bel-Red;

c.    LUC 20.25D.030 – Review Required;

d.    LUC 20.25D.050 – Permitted Uses;

e.    LUC 20.25D.070 – Transportation and Utilities Use in Bel-Red Land Use Districts;

f.    LUC 20.25D.110.B, D, E, F – Various Landscape Standards;

g.    LUC 20.25D.110.H – Fences;

h.    LUC 20.25D.120 – Parking, Circulation and Internal Walkway Requirements;

i.    LUC 20.25D.130.E – Building Materials;

j.    LUC 20.25D.150 – Design Guidelines.

2.    The following development requirements shall apply to the OMSF use in addition to the provisions contained in subsection D.1 of this section.

a.    Dimensional Requirements.

i.    Height Limitations. The height limitation applicable to OMSF structures is 45 feet.

ii.    Setbacks. On 120th Ave NE, the minimum setback applicable to the OMSF facility is as agreed to between the Regional Transit Authority and the City. On perimeter property lines other that 120th Ave NE, the setback to the OMSF facility is determined by the landscaping required by subsection D.2.b of this section.

b.    Landscaping for OMSF Use.

i.    The OMSF use requires 15 feet of Type I landscaping pursuant to the requirements of LUC 20.20.520.G.1 on all sides of the facility when not housed within a building. Type V landscaping is required within all parking areas.

ii.    Existing Vegetation in Lieu of Landscape Development. If the proposal is located within the Critical Areas Overlay District, the Director may waive the planting requirements of subsection D.2.b.i of this section and allow the use of native vegetation that exists within a critical area or within a critical area buffer in lieu of landscape development if the width of that existing vegetated area equals at least twice the dimension required by subsection D.2.b.i of this section and the dense sight barrier purpose of the Type I landscaping is achieved. Supplemental landscaping may also be added adjacent to a buffer to create the necessary width.

iii.    The Director will allow the planting requirements of subsection D.2.b.i of this section to be satisfied within a critical area buffer where landscaping is added pursuant to a habitat improvement plan meeting the requirements of LUC 20.25H.055; provided, that the dense sight barrier purpose of the Type I landscaping is achieved.

iv.    All landscaping of the OMSF shall comply with the provisions contained in LUC 20.20.520.F.5, F.8, and I.

v.    Additional Landscaping Provisions.

(1)    Landscape development required by this subsection shall be installed and maintained pursuant to the guidance set forth in the Environmental Best Practices and Design Standards (Bellevue Parks Department 2006), now or hereafter amended.

(2)    Maintenance of Landscape Screening. Landscape screening is required to be maintained by the owner of the OMSF for the life of the project. Maintenance of landscape screening may be reassigned pursuant to voluntary written agreement filed with the Development Services Department and King County Recorder’s Office or its successor agency.

(3)    The applicant may request a modification of the landscape requirements contained in the section pursuant to the provisions of LUC 20.20.520.J; provided, however, that modification of the provisions of subsection D.2.b.ii of this section shall not allow disturbance of a critical area or critical area buffer.

c.    Light and Glare. The provisions of LUC 20.20.522 shall apply to the generation of light and glare from OMSF facilities.

d.    Mechanical Equipment. Mechanical equipment shall be required to meet the requirements of LUC 20.20.525. Any mechanical screening associated with the OMSF shall be consistent with the landscaping requirements of subsection D.2.b of this section.

e.    Recycling and Solid Waste. Solid waste and recyclable material collection areas shall be provided for workers maintaining and operating the OMSF and for removal of waste generated by operation of the OMSF. The applicable sections of LUC 20.20.725 shall apply.

f.    Critical Areas.

i.    General. The provisions of Part 20.25H LUC, Critical Areas Overlay District, apply except as modified pursuant to the provisions of this subsection D.2.f or subsection E of this section.

ii.    An applicant seeking approval of an OMSF is not required to demonstrate that no technically feasible location alternative with less impact exists; provided, that the application conditions of subsection C of this section have been met. If the application conditions of subsection C of this section have not been met, the Regional Transit Authority will be required to demonstrate that no technically feasible location alternative exists consistent with the terms of LUC 20.25H.055.C.2.a.

E.    Administrative Modification Process. Due to the unique nature of an OMSF use, strict application of LUC provisions will not always be practical or feasible. The purpose of this subsection is to provide an administrative modification process to modify or waive provisions of the Land Use Code when the strict application will render the construction or operation of the OMSF impracticable or infeasible.

1.    Decision Criteria. The City, including the Director, may approve or approve with conditions a modification or waiver from the provisions of the Land Use Code if the following criteria have been met:

a.    The modification or waiver is the minimum reasonably necessary to make construction or operation of the OMSF practicable and feasible; or

b.    The modification or waiver is reasonably necessary to implement or ensure consistency with other related actions approved by the City Council with respect to the OMSF including, but not limited to, any development agreement between the City and the Regional Transit Authority.

2.    Limitation on Authority. The Director may not grant a modification or waiver to:

a.    The provisions of LUC 20.25D.070 establishing the allowable uses in each land use district in Bel-Red;

b.    The provisions of Chapters 20.30 and 20.35 LUC or any other procedural or administrative provision of the Land Use Code; or

c.    Any provision of the Land Use Code or this overlay which, by the terms of the code or overlay, are specifically identified as not subject to modification or waiver, unless such modification is necessary to comply with the terms of subsection E.1.b of this section. (Ord. 6281, 3-21-16, § 3)

20.25D.110 Landscape Development, Outdoor Storage, Retail Display, and Fence Standards.

A.    General.

1.    Applicability. The provisions of LUC 20.20.520.A, D, E, G, I, J, K, and L apply to development in the BR Land Use Districts in addition to the provisions contained in this section.

2.    Review Required. The Director shall review the proposed landscape development, outdoor storage, retail display, and fencing and may approve a proposed structure, alteration, site development, use, or occupancy only if the requirements of this section are met, subject to the provisions of LUC 20.25D.060 for existing conditions.

B.    Street Frontage Landscape Development Requirements.

1.    Purpose/Intent. Landscape development, including retention of significant trees, as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the Bel-Red Subarea, to preserve the natural wooded character of the Pacific Northwest, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, to provide a better transition between the various land use districts in the Bel-Red Subarea and to enhance the pedestrian environment.

2.    Where Required. The following street frontage landscape development requirements apply except where the development is regulated by LUC 20.25D.130.B or C. See Figure 20.25D.110, Required Landscape Treatments, for the streets mentioned below.

Required Landscape Treatments

3.    Applicable Standards.

a.    Transit Boulevard Landscaping: NE 15th/16th Street:

i.    Corridor Design approval through Transportation Department.

b.    130th Avenue Shopping Street north of NE 15th/16th Street:

i.    Corridor design approval through Transportation Department.

ii.    Dimensions: Sidewalk: nine ft.

    Planting: five ft.

c.    Bellevue-Redmond Road from 124th Ave. NE to 148th Ave. NE.

i.    Dimensions: Sidewalk: eight ft.

    Planting: 20 ft.

ii.    On both sides of Bellevue-Redmond Road the required landscaping shall be provided except where a plaza or gateway meeting the requirements of the Bel-Red Design Guidelines, LUC 20.25D.150, abuts the sidewalk.

iii.    The sidewalk may meander into the planting area only where necessary to retain significant trees. In such case, the overall dimension of sidewalk and sidewalk planting shall total 28 feet.

iv.    Planting.

(1)    All significant trees shall be maintained between the street and existing or proposed development pursuant to subsection A of this section and each of the following standards shall be met:

(2)    A minimum of five trees (evergreen and deciduous) per 1,000 square feet of planting area shall be provided. No more than 40 percent shall be deciduous. Evergreen trees shall be a minimum height of 10 feet at planting. Deciduous trees shall have a minimum caliper of two and one-half inches.

(3)    Evergreen shrubs shall be provided at a minimum spacing of three feet on center; shrubs shall be a minimum height of 42 inches at planting.

(4)    Living ground cover shall be provided as necessary to cover the landscape area within a minimum of three years.

(5)    At least 50 percent of the plantings shall be native species.

d.    Arterial Landscaping includes 116th Avenue NE, 120th Avenue NE, 130th Avenue NE south of NE 15th/16th Street, 148th Avenue NE, 156th Avenue NE, Bellevue-Redmond Road east of 148th Avenue NE.

i.    Dimensions: Sidewalk: six ft.

    Planting: five ft.

ii.    Street Trees.

(1)    Street trees with a minimum caliper of two and one-half inches shall be provided at a maximum spacing of 30 feet on center in tree wells a minimum of five feet wide and 10 feet long.

(2)    Summit Ash – Fraxinus pennsylvanica “Summit.” The Summit Ash trees will be planted symmetrically (from mid-block outwards to end of block).

(3)    Greenspire Linden – Tilia cordata “Greenspire” located at the end of block.

iii.    Tree Well Ground Cover Plantings. Ground cover shall be provided as necessary to cover the landscape area within a minimum of three years.

(1)    Mondo Grass;

(2)    Creeping Lily Turf;

(3)    Lemon Daylily – Hemerocallis flava;

(4)    Salal – Gaultheria shallon;

e.    Local Street Landscaping.

i.    Dimensions: Sidewalk: six ft.

    Planting: five ft.

ii.    Street Tree Planting List. Street trees shall have a minimum two-and-one-half-inch caliper. The trees shall be planted symmetrically (from mid-block outwards to end of block).

(1)    Village Green Zelkova – Zelkova serrulata “Village Green.”

(2)    Greenspire Linden – Tilia cordata “Greenspire.”

iii.    Tree Well Ground Cover Plantings.

(1)    Lemon Daylily.

(2)    Kinnikinnick – Arctostaphylos uva-ursi.

f.    Green Street Landscaping.

i.    Dimensions: Sidewalk: six ft.

    Plantings: six ft.

ii.    Stormwater planters pursuant to Bellevue Utilities Department Engineering Standards Chapter D9, now or as hereafter amended.

iii.    Street Trees.

(1)    Street trees with a minimum caliper of two and one-half inches shall be provided at a maximum spacing of 30 feet on center.

(2)    Black Tupelo – Nyssa sylvatica.

(3)    American Hornbeam – Carpinus caroliniana.

(4)    Eastern Redbud – Cercis canadensis.

(5)    Dacquemontii Birch – Betula jacquemontii.

C.    Perimeter Landscape Development for Land Use Districts.

1.    Purpose/Intent. Landscape development, including retention of significant trees, as required by this section is necessary to create visual separation between different land use districts.

2.    Where Required. A 20-foot landscape buffer shall be provided along the interior property line of a district abutting BR-R and BR-ORT Land Use Districts.

3.    Applicable Standards.

a.    Evergreen and deciduous trees shall be provided at a maximum spacing of 20 feet on center. No more than 30 percent shall be deciduous. Trees shall be a minimum height of 10 feet at planting.

b.    Evergreen shrubs shall be provided at a minimum spacing of three feet on center. Shrubs shall be a minimum of two gallons in size at planting.

c.    Living ground cover shall be provided as necessary to cover the entire remaining area within a minimum of three years.

d.    No portion may be paved except for vehicular entrance drives and required trails or other pedestrian connections, and these features should be minimized to the extent feasible.

D.    Interior Property Line Development.

1.    Purpose/Intent. The landscape development required by this section is necessary to provide visual separation of uses so as to soften the appearance of parking areas and building elevations.

2.    Where Required. A 10-foot landscape buffer shall be provided along an interior property not regulated elsewhere.

3.    Applicable Standard.

a.    Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and

b.    If planted to buffer a building elevation, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or

c.    If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted:

i.    Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be covered within three years.

ii.    Earth-mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a Downtown Land Use District.

iii.    A combination of earth-mounding and shrubs to produce a visual barrier at least three and one-half feet in height.

E.    Curb Extension Planting.

1.    Purpose/Intent. Landscape development as required by this section is necessary to enhance the visual appearance of the Bel-Red Subarea, to reduce the impacts of development on the storm drainage system and water resources to enhance the pedestrian environment in the Bel-Red Subarea.

2.    Where Required: Refer to Transportation Department Development Standards for curb extension design standards and generalized locations.

a.    Type I. Curb Extension Planting – Refer to symbol on map.

b.    Type II. Curb Extension Planting – Refer to symbol on map.

3.    Applicable Standard.

a.    General Standards applicable to All Curb Extension Planting Types.

i.    Ground cover and shrubs shall be provided as necessary to cover the landscape area width within three years.

ii.    Shrubs shall be a minimum of one gallon at the time of planting to cover the landscape area within a minimum of three years.

iii.    Shrubs. A combination of the following shrubs is required at any curb extension unless modified below. All specified shrubs shall be a minimum of one gallon at the time of planting.

(1)    Tall Oregon Grape – Mahonia aquafolium.

(2)    Creeping Oregon Grape – Mahonia repens.

(3)    Salal – Gaultheria shallon.

(4)    Golden Princess Spiraea – Spiraea japonica “Golden Princess.”

(5)    Western Swordfern – Polystichum munitum.

(6)    Lemon Daylily – Hemerocallis flava.

(7)    David Viburnum – Viburnum davidii.

b.    Type I Curb Extension Planting.

i.    Trees.

(1)    Vine Maple – Acer circinatum with two to three trees with a minimum three-quarter-inch caliper planted within each curb extension.

(2)    Styrax japonicus – “Japanese snowdrop.”

(3)    Cercidiphyllum japonicum – “Katsura.”

(4)    Cercis canadensis alba – “Redbud.”

c.    Type II Curb Extension Planting.

i.    Trees.

(1)    Minimum two-inch caliper.

(2)    Coral Bark Maple – Acer Palmatum “Sango-kaku.”

(3)    Dogwood – Cornus kousa.

(4)    Lemon Daylily – Hemerocallis flava.

(5)    David Viburnum – Viburnum davidii.

F.    Significant Tree Retention and Pruning.

Tree retention requirements of LUC 20.20.900 shall apply in addition to the requirements set forth below.

1.    In the landscape areas required pursuant to subsections B and C of this section, all significant trees shall be retained that do not constitute a safety hazard as determined by the Director and consistent with the guidelines of the International Society of Arboriculture.

2.    Select Tree Pruning. Pruning of existing trees within the 20-foot-wide landscape buffer on the north and south sides of Bellevue-Redmond Road shall be performed in accordance with guidelines established by the Director for each of the following pruning techniques: canopy reduction; canopy cleaning; canopy thinning; canopy raising or lifting; structural pruning; and canopy restoration. Pruning shall be performed in a manner that ensures continued survival of the vegetation.

3.    Pruning or removal of significant trees within Parks and Community Services easements is prohibited except as performed by the City of Bellevue if restricted by the terms of an easement.

G.    Screening of Retail Display, Parking Areas, Vehicular Access, and Outdoor Storage Associated with Manufacturing Uses.

Between the sidewalk and the subject property 10 feet of Type III landscaping are required to screen a surface vehicular access, parking area, new retail display, or new outdoor storage associated with an existing or permitted manufacturing use. An alternative design may be approved through LUC 20.20.520.J, Alternative Landscaping Option.

H.    Fences.

1.    No fence shall be permitted to violate the sight obstruction restrictions at street intersections. (See BCC 14.60.240, now or as hereafter amended.)

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

3.    Height shall be measured from finished grade at the exterior side of the fence. No person shall 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. The following types of fences are prohibited:

a.    Barbed wire.

b.    Electric fences.

c.    Chain link fences are not permitted on any street frontage in any land use district except as follows:

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

ii.    In connection with any approved temporary or special event use; or

iii.    As a component of an existing development pursuant to LUC 20.25D.060. (Ord. 5874, 5-18-09, § 1)

20.25D.120 Parking, Circulation, and Internal Walkway Requirements.

A.    General.

1.    General. The provisions of LUC 20.20.590.C, E, G, H, I, and K apply to development in the BR Land Use Districts in addition to the provisions contained in this section.

2.    Review Required. The Director shall review the proposed parking, circulation, and walkways and may approve the proposed structure, alteration, site development, use, or occupancy only if the requirements of this section are met, subject to the provisions of LUC 20.25D.060 for existing conditions.

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

1.    Number of Parking Stalls. The requirements of this section for the number of parking stalls apply to each new use and to each new tenant.

2.    Parking Standards for Bel-Red – Chart 20.25D.120.B.2.

Chart 20.25D.120.B.2 – PARKING STANDARDS FOR BEL-RED (6) (7) 

 

 

MO-1, OR-1, OR-2, RC-1, RC-2, RC-3

MO, OR, RC, CR, GC, R, ORT

Use

Unit of Measure

Min.

Max.

Min.

Max.

a.

Financial institution

Per 1,000 nsf

2.0

3.0/3.5 (1)

3.0

4.0

b.

Manufacturing/assembly

Per 1,000 nsf

1.0

2.0

2.0

4.0

c.

Home furnishing retail and major appliances retail

Per 1,000 nsf

1.5

3.0

1.5

3.0

d.

Manufacturing/assembly (other than high technology/light industry)

Per 1,000 nsf

1.0

1.5

1.5

2.0

e.

Office: Business services/professional services/general office

Per 1,000 nsf

2.0

3.0/3.5 (1)

3.0

4.0

f.

Office: Medical/dental/health-related services

Per 1,000 nsf

3.5

4.0/4.5 (1)

4.0

5.0

g.

Residential (5)

Per unit

0.75

2.0

1.0

2.0

h.

Restaurant and bar (3)

Per 1,000 nsf

5.0 (4)

15.0

10.0

20.0

i.

Retail, personal service, shopping center

Per 1,000 nsf

2.5 (4)

4.5

3.0

5.0

j.

Retail and personal service in mixed-use development (2, 3)

Per 1,000 nsf

2.0

3.5

3.0

4.5

k.

Senior housing: Nursing home

Per patient bed

0.25

0.75

0.25

1.0

l.

Senior housing: Senior citizen dwelling or congregate care

Per living unit

0.25

1.0

0.5

1.25

m.

Wholesale, warehouse

Per 1,000 nsf

1.5

2.0

1.5

No max.

Notes applicable to parking standards for Bel-Red (Chart 20.25D.120.B.2):

(1)    The maximum parking ratio for financial institutions and office uses in Chart 20.25D.120.B.2.a and e may be increased from 3.0 to 3.5 per 1,000 nsf and in Chart 20.25D.120.B.2.f from 4.0 to 4.5 per 1,000 nsf as follows:

a.    For off-site parking, the additional 0.5 per 1,000 nsf increment shall be provided in an interim surface parking configuration no more than 500 feet away from the site. The interim parking will have a sunset clause of 10 years, or such other period approved through a phasing plan, Part 20.30V LUC; or

b.    For on-site parking, the additional 0.5 per 1,000 nsf increment may be constructed on-site if it is part of an approved phasing plan, Part 20.30V LUC, and dedicated for a portion of the parking requirement for a future phase of the project.

(2)    If retail and personal service space in a mixed-use development exceeds 25 percent of the net square footage of the development, the retail, personal service, and shopping center parking requirements in Chart 20.25D.120.B.2.i apply to the entire retail and personal service space.

(3)    If restaurant and/or bar uses exceed 25 percent of the total net square footage of a retail, shopping center, or mixed-use development, the restaurant and bar requirements in Chart 20.25D.120.B.2.h apply to the entire restaurant and/or bar space.

(4)    Inside nodes, no parking is required for retail and restaurant and/or bar uses under 2,000 nsf when the use is: directly adjacent to a public on-street parking supply of at least 20 spaces within 500 feet, or within 1,000 feet of a public parking garage, or within 500 feet of a light rail or bus rapid transit station.

(5)    The minimum requirement for up to and including one bedroom 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 King County.

(6)    Vanpool/Carpool Facilities. The applicant shall 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 shall be adjacent to an entrance door to the structure served by the parking, or as nearly so as possible after barrier-free access parking has been provided, and shall be consistent with all applicable design guidelines.

(7)    Tandem/Stacked Parking Stalls. The applicant may use tandem/stacked parking stalls to exceed the minimum parking requirement, so long as the maximum parking requirement is not exceeded.

C.    Off-Site Accessory Parking.

The Director may approve off-site accessory parking to meet the minimum and up to the maximum parking allowed to serve a specific use if the following criteria are met:

1.    Adequate visitor parking is provided on the subject property;

2.    Adequate pedestrian, van, or shuttle connections between the sites exists;

3.    On-site signage is provided regarding accessory parking location;

4.    The use being served is within 500 feet of a light rail, bus, or bus transit station; and

5.    The off-site parking is within one-quarter mile of the use being served.

D.    Parking Structure Performance Standards.

The Director may approve a proposal for a parking structure through design review if the following criteria are met:

1.    Driveway openings are limited to those needed to adequately serve the facility;

2.    Exposed parking on the roof of a structure shall be screened by a parapet or other solid screening that equals or exceeds the height of the vehicles;

3.    Safe pedestrian connection between the parking structure and the public right-of-way exists;

4.    Unfinished ceilings visible from the public right-of-way shall be substantially screened from view; and

5.    Lighting shall utilize cut-off shields to prevent spillover upon adjacent uses and the right-of-way and to conceal the light source.

E.    Phased Parking.

The property owner may install the required parking spaces in phases pursuant to a phasing plan, Part 20.30V LUC. Each phased parking installation must include the approved minimum to meet the parking requirements for the completed phases of the development for which the parking is provided. The phasing schedule must specifically indicate when all parking approved pursuant to this section will be provided.

1.    Location. Phased parking may be located off site if the criteria of subsection C of this section are met.

2.    Assurance Device. The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the requirements and intent of subsection C of this section.

F.    Director’s Authority to Modify Required Parking.

1.    The Director may modify the minimum or maximum parking ratio for any use in LUC 20.25D.120.B as follows:

a.    The modified parking ratio is supported by a parking demand analysis including but not limited to:

i.    Documentation supplied by the applicant regarding actual parking demand for the proposed use; or

ii.    Evidence in available planning and technical studies relating to the proposed use; or

iii.    Required parking for the proposed use as determined by other comparable jurisdictions.

b.    The proposal does not result in any adverse impact beyond the site; and

c.    A shared parking agreement is executed pursuant to LUC 20.20.590.I, Shared Use of Parking.

2.    Periodic Review. The Director may require periodic review of the reduced parking supply to ensure the terms of the approval are being met.

3.    Assurance Device. The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the requirements and intent of subsection F.1 of this section.

G.    Bicycle Parking.

Office, residential, institutional, retail, and education uses are required to provide bicycle parking pursuant to the following standards:

1.    Ratio.

a.    One space per 10,000 nsf for nonresidential uses greater than 20,000 nsf.

b.    One space per every 10 dwelling units for residential uses.

2.    Location. Minimum bicycle parking requirement shall be provided on site.

3.    Covered spaces. At least 50 percent of required parking shall be protected from rainfall by cover.

4.    Racks. The rack(s) shall be securely anchored and a bicycle six feet long can be securely held with its frame supported so the bicycle cannot be pushed or fall in a manner that will damage the wheels or components.

5.    Size Requirement. Each required bicycle parking space shall be accessible without moving another bicycle.

H.    Unspecified Uses.

The Director shall establish the minimum number of parking spaces required and may establish the maximum number of parking spaces allowed for any use not specified in LUC 20.25D.120.B. The Director may consider but is not limited to the following in establishing parking requirements for an unspecified use:

1.    Documentation supplied by the applicant regarding actual parking demand for the proposed use; or

2.    Evidence in available planning and technical studies relating to the proposed use; or

3.    Required parking for the proposed use as determined by other comparable jurisdictions. (Ord. 5874, 5-18-09, § 1)

20.25D.130 Bel-Red Development Standards.

The Bel-Red Development Standards establish regulatory requirements for new structures, development, or activities and remodels or expansions on public and private parcels within the Bel-Red Subarea. These standards support and strengthen existing and planned infrastructure while establishing a hierarchy of use and a highly identifiable Subarea character. Deviations from the specific requirements set forth in this Section may be approved through the design review process consistent with the criteria set forth in LUC 20.25D.030.C.3.

A.    Required Ground Floor Uses.

1.    Purpose/Intent. Ground floor retail and commercial uses are an essential component of active and vital streets as well as transit station areas. Ground floor uses create a vibrant “18-hour” pedestrian environment where neighborhood services are within an easy walk, bike or transit trip.

2.    Where Required. Figure 20.25D.130.A identifies those streets where ground floor retail and ground floor commercial uses are required for building frontages.

3.    Applicable Standards for Ground Floor Retail Uses.

a.    Ground floor retail uses shall satisfy the intent of subsection A.1 of this section and include uses such as:

i.    Eating and drinking establishments;

ii.    Merchandise sales (including but not limited to grocery, food retail, art, and clothing); or

iii.    Personal services (including but not limited to laundry and beauty services).

b.    Continuous retail storefronts shall be provided for 100 percent of the building frontage on a designated street.

c.    Interruptions in storefronts shall be limited to residential lobbies and required emergency access. Lobby interruptions shall be limited to 25 percent of the building frontage.

d.    All other uses are prohibited on the ground floor.

4.    Applicable Standards for Ground Floor Commercial Uses.

a.    Ground floor commercial uses shall satisfy the intent of subsection A.1 of this section, and include all ground floor retail uses permitted in subsection A.3 of this section and financial, real estate, insurance services, and hotels.

b.    In the 122nd Avenue Node, at least 50 percent of the street level building edges shall incorporate ground floor commercial uses. The required ground floor commercial uses may be interrupted by lobby entrances to office, hotel or residential buildings and required emergency access. Lobby interruptions shall be limited to 25 percent of the building frontage.

c.    In the 130th Avenue Node, 100 percent of the street level building edges shall incorporate ground floor commercial uses. The required ground floor commercial uses may be interrupted by residential lobbies or work-live units. Lobby interruptions shall be limited to 25 percent of the building frontage.

Required Ground Floor Uses

B.    Required Build-to Lines.

1.    Purpose/Intent. Build-to lines occur along select block faces to help establish a continuous “street wall”’ providing a sense of enclosure and visual interest for pedestrians. Build-to lines also contribute to the economic viability of retail and commercial uses by providing direct pedestrian access and visual exposure to potential drive-by customers.

2.    Where Required. Figure 20.25D.130.B identifies locations of required build-to lines where the ground-floor facades must be built to the back of sidewalk.

3.    Applicable Standards for Required Build-To Lines.

a.    Except as provided in subsections B.3.d, e, and f of this section, buildings shall satisfy the intent of subsection B.1 of this section and be constructed along the entire block length where indicated in Figure 20.25D.130.B.

b.    Entrances to buildings may be recessed a maximum of five feet behind the build-to line.

c.    Windows and walls may be recessed up to 18 inches if columns, pilasters, walls or other architectural fenestration tie them together with the rest of the building frontage.

d.    In the 122nd Avenue Node, required build-to lines may be interrupted only to accommodate public or private plazas, parks, or other publicly accessible spaces. Interruptions in the required build-to lines shall be limited to a maximum of 25 percent of the total project frontage on an individual block.

e.    In the 130th Avenue Node, required build-to lines may be interrupted only to accommodate public or private plazas, parks, or other publicly accessible spaces. Interruptions in the required build-to lines shall be limited to 15 percent of the total project frontage on an individual block.

f.    Vehicular access is limited pursuant to LUC 20.25D.140.F regarding restricted driveway access.

g.    Surface parking is not permitted between the sidewalk and the building wall.

Required Build-to Lines

C.    Required Sidewalk-Oriented Development.

1.    Purpose/Intent. Sidewalk-oriented development is characterized as ground floor building frontages with direct entries from the sidewalk and/or building frontages with a high degree of transparency and activating land use. This increased visual and physical interaction between the people inside and outside the buildings results in “eyes on the street” while creating a greater degree of safety and a vibrant public realm.

2.    Where Required. Figure 20.25D.130.C identifies where sidewalk-oriented development is required.

3.    Applicable Standards for Ground Floor Retail and Commercial Uses. On street frontages where ground floor retail or commercial uses are required pursuant to Figure 20.25A.130.A, the following design standards apply:

a.    One hundred percent of ground floor facades shall be transparent glass or screens that satisfy the intent of subsection C.1 of this section. Tinted, reflective, or other types of glass or window treatments that diminish transparency are prohibited.

b.    Interruptions in the transparent glass or screens shall be limited to a maximum of 30 percent of the sidewalk-oriented development.

c.    Primary entrances to all ground floor uses shall be oriented to the public right-of-way. Doors shall not be separated from adjacent public sidewalks by steps or ramps except where no feasible alternative exists.

4.    Applicable Standards for Other Uses. On street frontages where ground floor retail or commercial uses are not required pursuant to Figure 20.25A.130.A, the following design standards apply:

a.    Primary entrances shall be oriented toward the public right-of-way or open space.

b.    Doors may be separated from adjacent public right-of-way or open space by a maximum of 36 inches grade separation.

c.    A minimum of 40 percent of ground floor facades shall be transparent glass or screens.

Required Sidewalk-Oriented Development

D.    Required Transition Edge Development.

1.    Purpose/Intent. Transition edge development requires elements incorporated into the site and building design that soften the impact of BR-ORT, a more intensive land use district, where it is adjacent to single-family uses.

2.    Where Required. All buildings on the south side of Bellevue-Redmond Road between 124th Avenue NE and 148th Avenue NE where abutting property is zoned single-family residential, R-1 through R-7.5.

3.    Applicable Standards for Site Design.

a.    Surface parking lots shall be screened from street level views and from ground level views of an abutting residential district per LUC 20.25D.110.B. In appropriate circumstances, surface parking lots should be located away from adjacent residential properties.

b.    Mechanical equipment that is located on the roof shall be incorporated into a pitched or stepped roof form, and not appear as a separate penthouse or box.

c.    All refuse and recycling containers shall be contained within structures enclosed on all four sides and utilize lids made of molded plastic or other sound-buffering material. The containers shall be located on a side of the building facing away from the abutting residential properties, but not between the street and the subject building.

4.    Applicable Standards for Building Design.

a.    Building facades shall incorporate elements including but not limited to stepbacks, offsets, roof overhangs, and recesses with a minimum depth of 18 inches. Incorporated recess and offset elements should generally occur along the building facade at intervals no greater than 30 feet.

b.    A building facade visible from abutting residential properties shall not exceed 150 feet.

c.    A primary structure shall be a minimum of 20 feet from another primary structure, provided this dimension may be modified pursuant to LUC 20.25H.040 on sites in the Critical Areas Overlay District.

d.    The maximum building height of 45 feet above average existing grade may be reached only when incorporating pitched or stepped roof forms.

e.    Communication dishes greater than 1 meter (3.28 feet) in diameter shall not be visible from adjacent residential districts.

f.    Natural materials and neutral colors shall be used.

5.    Signs.

a.    Building design shall provide for architecturally integrated signage consistent with the scale and architecture of the building, and signage shall be installed so as not to obscure any architectural detail of the building.

b.    Signs shall meet the requirements of Chapter 22B.10 BCC, Bellevue Sign Code.

c.    Signs shall be located so that they are not visible from abutting single-family land use districts.

E.    Building Materials.

To ensure the Bel-Red District contains high-quality buildings of durable and sustainable materials, the following materials are not recommended on facades visible from the public right-of-way within the Bel-Red District unless expressly approved through design review:

1.    Synthetic stucco;

2.    Unfinished metal or plastic storefront window systems;

3.    Unfinished concrete or cinder block;

4.    Aluminum, plastic, or vinyl siding;

5.    Simulated materials such as river rock or other faux cladding;

6.    Clapboard, lap and shingle, or other types of residential siding;

7.    Architectural foam detailing; and

8.    Applied simulated divided light window systems.

These building materials limitations are not applicable in the Bel-Red General Commercial (BR-GC) Land Use District. (Ord. 6197, 11-17-14, § 22; Ord. 5874, 5-18-09, § 1)

20.25D.140 Bel-Red Street Development Standards.

The Bel-Red street development standards are a hierarchy of emphasis and design treatment for public areas within the Bel-Red District. These standards ensure that a consistent, high-quality public realm is developed throughout the district and that the unique qualities of Bel-Red are enhanced.

A.    Required Local Streets.

1.    Purpose/Intent. The intent of the local streets grid is to introduce a public right-of-way system that improves mobility by increasing access for local vehicular and pedestrian traffic throughout the Bel-Red District.

2.    Where Required. Figure 20.25D.140.A identifies the general location of new local streets. The Director may approve modifications to the local street grid to respond to specific site conditions, property ownership, and phasing considerations; provided, that the modified local street grid satisfies the intent of subsection A.1 of this section and meets the applicable standards below.

3.    Applicable Standards.

a.    The total perimeter distance of a block shall not exceed 1,200 feet. For the purpose of measuring this dimension, a block may be bordered by a right-of-way, an alley with pedestrian facilities, a private roadway with pedestrian facilities, or a pedestrian street.

b.    All streets shall be accessible to the public at all times. Gateways or other means of restricting access are prohibited.

c.    Street design details, including roadway sections and engineering, shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

Required Local Streets

B.    15th/16th Transit Boulevard.

1.    Purpose/Intent. The NE 15th/16th Transit Boulevard serves as the symbolic and functional thread that knits the Bel-Red District together. It connects the most intense area of development and includes vehicular, light rail, and nonmotorized travel modes. It is also intended to incorporate significant urban open spaces and environmentally sensitive design features.

2.    Where Required. Figure 20.25D.140.B identifies the general location for the NE 15th/16th Transit Boulevard. The Director may approve the final location of the Boulevard to respond to specific site conditions, property ownership, and phasing considerations; provided, that the final location satisfies the intent of subsection B.1 of this section and meets the applicable standards below.

3.    Street design details, including roadway sections and engineering, shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

NE 15th/16th Transit Boulevard

C.    130th Avenue Shopping Street.

1.    Purpose/Intent. 130th Avenue NE north of the NE 15th/16th Transit Boulevard is envisioned as a centralized neighborhood-serving retail street. Design is intended to make the pedestrian experience a priority and foster a vital retail environment by using uniform design features.

2.    Where Required. The 130th Avenue Shopping Street extends from NE 15th/16th Transit Boulevard to Northup Way/NE 20th Street. Figure 20.25D.140.C identifies the general location of the 130th Avenue Shopping Street. The Director may approve the final location of the Shopping Street to respond to specific site conditions, property ownership, and phasing considerations; provided, that the final location satisfies the intent of subsection C.1 of this section and meets the applicable standards below.

3.    Applicable Standards.

a.    Sidewalks shall be a minimum of 14 feet six inches from face of curb to face of building or open space.

b.    Street design details, including roadway sections and engineering, shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

130th Avenue Shopping Street

D.    Green Streets.

1.    Purpose/Intent. Green Streets utilize natural drainage systems, to the extent feasible, to improve and reduce the amount of stormwater runoff at its source.

2.    Where Required. Green Streets shall be generally located between stream corridors and trail connections. Figure 20.25D.140.D indicates the general location of Green Streets. The Director may approve the final location of Green Streets to respond to specific site conditions, property ownership, and phasing considerations; provided, that the final location satisfies the intent of subsection D.1 of this section and meets the applicable standards below.

3.    Applicable Standards.

a.    See LUC 20.25D.110.B for Green Streets natural drainage planting requirements.

b.    Street design details, including roadway sections and engineering, shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

Green Streets

E.    Required On-Street Parking.

1.    Purpose/Intent. On-street parking can contribute to the pedestrian environment, be a great benefit to retail uses, and enhance elements of neighborhood character.

2.    Where Required. Required locations include the portions of the NE 15th/16th Transit Boulevard adjacent to retail and commercial uses, along the 130th Avenue Shopping Street, and for some of the local streets within the transit nodes. Figure 20.25D.130.E indicates the block faces where on-street parking is required. The Director may approve the final location of on-street parking to respond to specific site conditions, property ownership, and phasing considerations; provided, that the final locations satisfy the intent of subsection E.1 of this section and meets the applicable standards below.

3.    Applicable Standards. Parking design details shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

Required On-Street Parking

F.    Restricted Driveway Access.

1.    Purpose/Intent. Driveway access along certain streets is restricted to minimize conflicts with transit, autos, bicycles, and pedestrians and to reinforce active edge continuity along commercial and retail frontages.

2.    Where Restricted. Driveway access is generally prohibited along the NE 15th/16th Transit Boulevard and the 130th Shopping Street as shown in Figure 20.25D.140.F.

3.    Applicable Standards.

a.    Except where no feasible alternative access exists, vehicular access to properties abutting the rights-of-way identified in subsection F.2 of this section shall be from other arterials, local streets, and alleys off of these designated corridors. The Director may approve vehicular access in these restricted areas to respond to specific site conditions, property ownership, and phasing considerations; provided, that the final locations satisfy the intent of subsection F.1 of this section and meets the applicable standards below.

b.    The Director may approve on-street loading and service locations when the off-street loading space required by LUC 20.20.590.K.4 cannot reasonably be designed to satisfy the intent of subsection F.1 of this section. Designated on-street loading and service locations shall receive all approvals required pursuant to City Codes and standards, including but not limited to transportation and utility codes and development standards, now or as hereafter adopted.

Restricted Driveway Access

G.    Required Street Furniture.

1.    Purpose/Intent. Street furniture elements support a consistent and uniform street character, reinforce the identity of a district, and minimize conflicts with pedestrian mobility.

2.    Where Required. Street furniture elements are required along streets identified in Figure 20.25D.140.G.

3.    Applicable Standards. Location and specifications shall be approved by the Transportation Department.

Required Street Furniture

(Ord. 5874, 5-18-09, § 1)

20.25D.150 Design Guidelines.

Each development within a Bel-Red land use district must comply with the provisions of the Bel-Red Subarea Design Guidelines contained in this section. The provisions of the Design Guidelines will be applied pursuant to the review requirements of LUC 20.25D.030.

A.    Introduction.

The Bel-Red Subarea Design Guidelines support and complement the community vision described in the Bel-Red Subarea Plan that is part of the City’s adopted Comprehensive Plan. The Design Guidelines offer a flexible tool for quality and innovation. They do not prescribe specific design solutions or make rigid requirements. There are many ways to meet a particular guideline. The guidelines are a descriptive template for promoting and improving the urban character of the area without dictating or prescribing a specific style of theme.

Each individual guideline provides the following detail:

•    Intent: An initial concise statement of the objective of the guideline.

•    Guideline: Explanatory text describing the details of the guideline.

•    Recommended: Textual and photographic examples of recommended development consistent with the intent of the guideline.

•    Not Recommended: Textual and photographic examples of development that does not meet the intent of the guideline.

Visual examples are included as models for design and review purposes. They are intended to provide a means to effectively judge a building or project relative to the design criteria; they are not intended to be specific examples to be replicated.

B.    Character and Site Guidelines.

Purpose.

These guidelines address the qualities that make the Bel-Red subarea unique. They consider what makes an area a special, distinct “place,” not simply a group of individual buildings and streets.

1.    Integrate the Natural Environment.

a.    Intent.

Reinforce linkages and orient buildings to the Bel-Red Subarea’s natural and landscaped features.

b.    Guideline.

Site and building design should capitalize on significant elements of the natural environment, Highland Community Park and planned park and open space, riparian corridors and wetlands. Designs should incorporate open space amenities for residents, employees and visitors. Depending on the location, this may be accomplished through integration of the natural environment with new development or providing a smooth transition between the natural and built environments.

c.    Recommended.

i.    Active and passive gathering places and walkways oriented toward parks and open, natural spaces.

ii.    Clear and convenient public access to open space amenities.

iii.    Elements that engage the natural environment where the sight, sound and feel of nature can be directly experienced.

iv.    Buildings sited to take maximum advantage of adjacent public amenities.

v.    Walkways and plazas paved with high-quality materials (such as brick or stone), and other architectural elements that use materials, colors and forms that are harmonious with the natural surroundings.

Open space amenity that allows for the public experience of natural elements.

d.    Not Recommended.

i.    Buildings that turn their back on open space amenities.

ii.    Stands of “native” planting schemes within large, automobile-oriented parking lots.

Inaccessible islands of planting that do not connect well to the built environment or public amenities.

2.    Promote Architectural Compatibility.

a.    Intent.

New buildings should contribute to the quality and character of their architectural context.

b.    Guideline.

Buildings should “fit” with their architectural surroundings – relating to nearby buildings rather than calling attention to themselves through design excesses or novel variations. Architectural elements should enhance, not detract from, the area’s overall character.

c.    Recommended.

i.    Architectural elements used at a scale and level of detailing proportionate to the size of the building.

ii.    Forms, proportions, rhythms, materials, colors and architectural motifs that are suggested by and complement adjacent buildings.

Architectural elements fit into local context and overall character of the area.

d.    Not Recommended.

i.    Out-of-scale, over-simplified, cartoon-like or other architectural elements applied without regard to size or use of the element.

ii.    Building elements that do not respect the scale, materials, proportions and heights of adjacent high-quality buildings.

Building on the right does not respect the scale, materials, proportions and character of adjacent area.

3.    Establish and Strengthen Gateways.

a.    Intent.

Use architectural and landscape elements to mark transitions and entrances.

b.    Guideline.

Entrances into and within the Bel-Red Subarea should be celebrated at many levels. Pedestrians, cyclists, transit passengers, and motorists should experience a sense of “entering” or moving into the area as well as entry into unique districts or neighborhoods in the subarea.

c.    Recommended.

i.    New buildings designed to create gateways, using elements such as arches, arcades, pylons, columns, fountains and bridges.

ii.    Signage, landscaping, lighting, or sculptural and artistic elements used to identify a gateway.

iii.    Markers or inlaid art treatment in sidewalk paving to strengthen sense of entry into a particular district or neighborhood.

iv.    Design elements that indicate a change or separation in transportation modes (i.e., from auto to pedestrian areas, or into transit stations).

Entrances to districts and among modes of transportation emphasized through design elements.

d.    Not Recommended.

i.    Gated, private compounds.

Detailing of private spaces in lieu of gateway treatment.

4.    Protect and Enhance Surface Water Resources.

a.    Intent.

Conserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of water bodies and wetlands.

b.    Guideline.

Natural water systems regulate water supply, provide biological habitat and may provide recreational opportunities. Undeveloped ecosystems absorb the precipitation and convey only a small portion of rainfall as surface runoff. New and infill development should minimize disturbances to the on-site, adjacent, and regional natural water systems. Use of natural drainage practices are required unless infeasible.

c.    Recommended.

i.    Grading and plan layout that captures and slows runoff.

ii.    Pervious or semi-pervious surfaces that allow water to infiltrate soil.

iii.    On-site landscape-based water treatment methods that treat rainwater runoff from all surfaces, including parking lots, roofs and sidewalks.

Aesthetically pleasing development that minimizes adverse impacts to water systems.

d.    Not Recommended.

i.    Buried, piped or culverted stream channels.

ii.    Water quality enhancement projects that detract from the urban character of the area.

Aesthetically pleasing development that minimizes adverse impacts to water systems.

5.    Integrate Art.

a.    Intent.

Art in the Bel-Red Subarea should complement the character of a site, building or district as a whole. Art should be integrated into the design of the building or outdoor space.

b.    Guideline.

Large scale art in both public and private applications should bring focus to an outdoor space while small scale pieces should bring detail to the pedestrian realm surrounding a building or site. At any scale, art should not overwhelm outdoor spaces or render buildings mere backdrops.

c.    Recommended.

i.    Artwork designed for and integrated into the building or site.

ii.    Functional or interactive artwork.

iii.    Durable materials that are vandal-resistant and designed to age well.

Public art that complements the built environment and reinforces or creates a distinctive image of a place.

d.    Not Recommended.

i.    Amateur art projects.

ii.    Artwork used as advertising.

iii.    Display conditions that detract from the artwork.

Advertising in lieu of public art or art of poor quality that detracts from the urban character of the area.

C.    Pedestrian Emphasis Guidelines.

Purpose.

The pedestrian emphasis guidelines promote an environment where pedestrians are a priority. The highest consideration should be given to the ease and comfort of pedestrian movement and gathering places.

1.    Define the Pedestrian Environment.

a.    Intent.

A building should provide a continuous, visually rich pedestrian experience along its ground floor street front.

b.    Guideline.

The most important part of a building to a pedestrian is its ground floor – the lowest 15 feet of the facade, which a person experiences walking past or entering the building. This “pedestrian experience zone” should provide a sense of enclosure, and a continuous and comfortable street edge for the pedestrian. Ground floor building transparency should foster interaction between the public and private realms.

c.    Recommended.

i.    Windows that are transparent or have displays at the street level.

ii.    Walls that create visual interest by using a variety of forms, colors and compatible cladding materials.

iii.    Facades that provide a rhythm by using bays, columns, pilasters or other articulation at the street level.

iv.    Signs and lighting at the ground level that complement the human scale.

Building edges that maintain strong visual and physical connections to the sidewalk.

d.    Not Recommended.

i.    Blank, flat, nondescript walls that are not articulated by any visual interest or detail at the street level.

ii.    Uniform treatment of entire block face.

Long, blank facade unconnected visually or physically to the street and sidewalk.

2.    Enhance the Pedestrian System.

a.    Intent.

Establish the pedestrian as the priority, eliminating pedestrian barriers and ensuring that walking routes are convenient, direct and pleasant.

b.    Guideline.

Pedestrian routes should be attractive, easy to use and encourage walking and activity. Sidewalks should be continuous, avoiding interruptions such as vehicle curbcuts or changes in direction or grade. The portion of the sidewalk dedicated to walking should be free of barriers such as utility poles, newspaper boxes, cafe tables and chairs, permanent planters, tree grates or other obstructions and clutter.

c.    Recommended.

i.    Direct pedestrian routes.

ii.    Separate pedestrians from visual and other nuisances (e.g., trash dumpsters, loading docks, mechanical equipment, etc.)

iii.    Pedestrian routes that are safely integrated with the street system.

iv.    Maintain pedestrian access where rights-of-way have traditionally been located.

v.    Parking lot walkways.

vi.    Mid-block pedestrian connections.

Attractive, safe pedestrian routes that increase walkability and connectivity.

d.    Not Recommended.

i.    Circuitous pedestrian routes.

ii.    Pedestrian-only streets: permanent or temporary pedestrian route obstructions.

iii.    Interrupted or discontinuous pedestrian routes.

Unconnected, discontinuous, overly wide pedestrian-only walkways.

3.    Protect Pedestrians from the Elements.

a.    Intent.

Provide pedestrians with protection from wind, sun, rain, sleet and snow.

b.    Guideline.

Awnings and canopies are encouraged along the ground floor of buildings to protect pedestrians from rain and snow and provide shade in summer.

The design of awnings and canopies should be an integral component of the building facade. Awnings should be in proportion to the building and sidewalk, and not so large as to impact street trees, light fixtures or other street furniture.

c.    Recommended.

i.    Fabric awnings.

ii.    Horizontal metal canopies, especially if transom or clerestory windows are above storefront glazing.

iii.    Glazed canopies.

iv.    Weather protection follows pattern of storefronts.

Weather protection that is well integrated with the design of the building.

d.    Not Recommended.

i.    Backlit awnings.

ii.    Oversized advertising or tenant signs on awnings.

Out-of-scale canopy made of poor quality materials that serves primarily as signage.

4.    Create a Variety of Successful Outdoor Spaces.

a.    Intent.

Provide comfortable and inviting outdoor spaces for a variety of activities during all hours and seasons.

b.    Guideline.

Outdoor gathering spaces should be inviting and maximize opportunities for use. They should be spatially well-defined, inviting, secure, easy to maintain. They may be intimate and quiet or active and boisterous. All areas should work well for pedestrians and provide space for special events as well as passive activities.

c.    Recommended.

i.    Courtyards, squares and plazas with active adjacent ground floor uses.

ii.    Buildings surrounding green spaces to give the space visual definition and vitality generated by active ground floor uses.

iii.    Trees, shrubs and plants to help define walkways, create transitions from the park to the street and provide visual interest.

iv.    Structures, pavilions and seating areas that are easily accessible and feel safe and secure during day and evening hours.

v.    Greenways or pedestrian walkways and courtyards in residential or office development areas.

Well defined, comfortable and inviting outdoor spaces that offer varied opportunities for use.

d.    Not Recommended.

i.    Pocket parks, forecourts and plazas without active uses along retail streets.

ii.    Outdoor spaces separated from the street by visual barriers or change in grade.

iii.    “Leftover” green spaces.

iv.    Sunken plazas disconnected from the edge of the street.

v.    Courtyards, squares and plazas adjacent to parking lots and other inhospitable areas without appropriate landscaping.

Plaza space adjacent to parking lot and street without appropriate landscaping or buffering.

5.    Provide Places for Stopping and Viewing.

a.    Intent.

Provide comfortable and inviting places where people can stop to sit, rest and visit.

b.    Guideline.

People-watching, socializing and eating are restful and pleasurable activities for the pedestrian; providing special places where they can do these activities increases the pedestrian’s sense of enjoyment.

Seating and resting places can add vitality to the urban environment. People will use available seating in open, well-designed areas, not in secluded or awkward spots.

c.    Recommended.

i.    Formal (benches) and informal (e.g., wide steps, edges of landscaped planters and low walls) seating areas.

ii.    Higher degree of seating areas near active retail establishments (especially outside eating and drinking establishments and near food vendors).

iii.    Seating adjacent to pedestrian walkways.

iv.    Places for stopping and viewing adjacent to and within parks, squares, plazas, and courtyards.

v.    Sense of separation from vehicular traffic.

Comfortable seating near active retail establishments, streets, and outdoor spaces.

d.    Not Recommended.

i.    Seating areas more than three feet above or below street grade.

ii.    Seating areas adjacent to loading, service bays or storage areas.

iii.    Seating areas that are hidden, secluded, dark or unsecured spaces behind or to the side of buildings.

iv.    Seating areas along high vehicle traffic areas.

Isolated seating areas separated from the street through grade changes or otherwise.

D.    Architectural Guidelines.

Purpose.

The architecture guidelines promote high quality development while reinforcing the area’s sense of place and Northwest provenance by encouraging innovative design, construction techniques and materials that reflect the industrial roots of the area while emphasizing the emerging urban character of Bel-Red.

1.    Encourage High Quality Materials.

a.    Intent.

Create a sense of permanence in the Bel-Red Subarea through the use of high quality building materials.

b.    Guideline.

Quality wall materials can provide a sense of permanence and bring life and warmth to a neighborhood. Wall and building materials must enhance the street environment while maintaining compatibility with adjacent buildings. Articulation of wall materials should be bold, with materials that show depth, quality and durability. It should be apparent that the materials have substance and mass, and are not artificial, thin “stage sets” applied only to the building’s surface.

c.    Recommended.

i.    Natural high quality materials such as brick, finished concrete, stone, terra cotta, cement stucco, and wood.

ii.    Natural or subdued building colors and limited use of bright accent trims.

iii.    Varied, yet compatible cladding materials.

iv.     Boldly articulated window and storefront trim.

Durable natural materials of high quality that enhance the street environment and are compatible with local context.

d.    Not Recommended.

Building materials such as:

i.    Simulated rock or brick.

ii.    Faux finishes.

iii.    Synthetic stucco (EIFS).

iv.    Simulated wood siding, wood veneer, clapboard or other types of residential siding.

v.    Aluminum, plastic or vinyl siding.

vi.    Corrugated metal siding.

vii.    Unfinished concrete or cinder block.

viii.    Exposed concrete, metal or plastic.

Unarticulated surface treatment without depth, quality or detail.

2.    Provide Interesting Building Massing.

a.    Intent.

Use scale-defining devices to break up the longitudinal dimensions of buildings, creating a comfortable sense of enclosure by establishing an uninterrupted street edge.

b.    Guideline.

The length and breadth of a building should be friendly in scale and inviting to the pedestrian. Portions of a large building mass should be broken into smaller, appropriately scaled modules, with changes in plane indicated by bold projections and indentations. This allows an overly large building to appear as smaller, side-by-side buildings. Vertical and horizontal elements should be used to create a human scale and form a coherent pattern providing visual interest to the pedestrian.

c.    Recommended.

i.    Break down long expanses of building frontage both horizontally and vertically.

ii.    A vertically articulated tripartite facade division – base, middle and top for buildings over three stories.

iii.    Upper floors set back.

iv.    Vertical articulation of windows, columns and bays.

Well articulated buildings with a clearly defined base, middle and top.

d.    Not Recommended.

i.    Long, unbroken volume along street facade.

ii.    Smooth, undifferentiated facade.

iii.    Horizontal banding and emphasized horizontal orientation of building elements – walls, doors and windows.

Unbroken volume of building that does not enhance the street environment and lacks human scale.

3.    Create Attractive Building Silhouettes and Rooflines.

a.    Intent.

Building rooflines should enliven the pedestrian experience and provide visual interest with details that create forms and shadows.

b.    Guideline.

A building’s silhouette should be compatible with the intended character of the area and enhance the streetscape. In some cases, it may be appropriate to mark an entryway with a distinct form, such as a tower, to emphasize the significance of the building entry. Roof massing should be simple yet detailed and articulated. For example, flat roofs may be appropriate if they have a cornice designed with depth and detail expressing the top of the building wall. Dormers set into sloped roofs may be appropriate. These forms provide visual interest and bring additional living space, light and ventilation to upper floor and attic spaces.

c.    Recommended.

i.    Dormer windows.

ii.    Towers or similar vertical architectural expressions of important building functions such as entries.

iii.    Varied roof line heights.

iv.    Well-detailed cornices that have significant proportions (height and depth) and create visual interest and shadow lines.

Well detailed building silhouettes that create visual interest and enliven the pedestrian’s experience of the built environment.

d.    Not Recommended.

i.    Unarticulated rooflines.

ii.    Roof forms lacking depth and detail.

Unarticulated roof lines.

4.    Foster Attractive Rooftops.

a.    Intent.

Integrate rooftop elements into the building design.

b.    Guideline.

Roof shape, surface materials, colors, and penthouse functions should all be integrated into the overall building design. LUC 20.20.525 provides guidance for rooftop mechanical equipment.

c.    Recommended.

i.    Rooftop penthouse occupied by residential or office spaces.

ii.    Rooftop terraces and gardens.

iii.    Green roofs that reduce stormwater runoff.

iv.    Consolidated and screened mechanical units.

Attractive rooftops well integrated into overall building design.

d.    Not Recommended.

i.    Exposed rooftop mechanical or electrical units visible from public spaces.

ii.    Telecommunications equipment, including satellite dishes, cell-phone towers or antennas, visible from public spaces.

Rooftop telecommunications equipment visible from public spaces.

5.    Promote Welcoming Residential Entries.

a.    Intent.

Residential entries should provide a graceful transition between the public and private realms.

b.    Guideline.

Residential entries should be substantial enough to suggest privacy yet welcoming to those who approach and enter. The overall character of the entry treatments will vary depending on street type. Entries on streets where sidewalk-oriented development is required will have a higher degree of transparency, orientation towards the street, and design detail than other portions of the subarea.

c.    Recommended.

i.    Multi-panel painted doors.

ii.    Doors combined with transom windows or side lights.

iii.    Durable, high-quality metal door hardware.

iv.    Wood solid core doors.

v.    Doors accessed from canopy-covered entries.

vi.    Moderate change of grade from sidewalk level to entry; more for townhouse-style housing than residential lobbies.

vii.    Lobby entries to multi-family buildings providing double or multiple doors.

Substantial entries with transparency and design details.

d.    Not Recommended.

i.    Doors raised more than three feet above sidewalk level for townhouse-style housing.

ii.    Unarticulated, flush doors or sliding glass doors.

iii.    Doors accessed directly from parking lots.

iv.    Door glazing with simulated divided lights.

v.    Doors glazed with reflective or tinted glazing.

Significant grade separation from the street and no transparency.

6.    Promote Visually Interesting Upper Floor Residential Windows.

a.    Intent.

Upper floor residential windows should create an open and inviting atmosphere that adds visual interest and enhances the experience of the building both inside and out.

b.    Guideline.

The windows of a residential building should be pleasing and coherent. Their size and detailing should be of a human scale with regular spacing and a rhythm of similarly shaped windows.

c.    Recommended.

i.    Multiple lights or divisions.

ii.    Operable windows.

iii.    Trim around framed openings.

iv.    Windows recessed from building facade, not flush.

Upper floor windows with a mixture of depth and articulation.

d.    Not Recommended.

i.    Strips of windows with more of a horizontal than vertical emphasis.

ii.    All windows flush with building facade.

Simple entrance flush to facade without articulation.

7.    Design Inviting Retail and Commercial Entries.

a.    Intent.

Design retail and commercial entries to create an open atmosphere that draws customers inside.

b.    Guideline.

Primary entries to retail and commercial establishments should be transparent, allowing passersby to see the activity within the building and bring life and vitality to the street. Architectural detail should be used to help emphasize the building entry.

c.    Recommended.

i.    Doors with a minimum of 50 percent window area.

ii.    Building lighting that emphasizes entrances.

iii.    Transom, side lights or other window combinations.

iv.    Doors combined with special architectural detailing.

v.    Double or multiple door entries.

vi.    Well-detailed or ornate door hardware.

vii.    Large cafe or restaurant doors that open the street to the interior by pivoting, sliding or rolling up overhead.

Entry is transparent, opens easily and connects the street to the interior.

d.    Not Recommended.

i.    Primary entry doors that are solid or windowless.

ii.    Primary entry doors raised more than three feet above sidewalk level.

iii.    Doors flush with the building facade without other articulation or canopy.

iv.    Clear anodized aluminum frames.

v.    Glazing with simulated divisions.

vi.    Reflective, opaque or tinted glazing.

vii.    Visual and physical obstructions near the entry.

Glazing with simulated divisions that does not connect the sidewalk or street to the interior.

8.    Encourage Retail Corner Entries.

a.    Intent.

Use corner entries to reinforce intersections as important places for pedestrian interaction and activity.

b.    Guideline.

Locate entry doors on the corners of retail buildings wherever possible. Entries at 45-degree angles and free of visual obstructions are encouraged.

c.    Recommended.

i.    Primary building entrance located at corner.

ii.    Weather protection, special paving, and building wall lighting, to emphasize corner entry.

iii.    Architectural detailing with materials, colors, and finishes that emphasize the corner entry.

iv.    Doors with large glass areas with adjacent windows.

Location of primary building entrance at corner and emphasized with details and architectural treatment.

d.    Not Recommended.

i.    Visual and physical obstructions, especially utilities and columns.

Visual and physical obstructions such as recessed entryway and grade separation.

9.    Encourage Inviting Ground Floor Retail and Commercial Windows.

a.    Intent.

Use transparency to enhance visual interest and to draw people into retail and commercial uses.

b.    Guideline.

Retail and commercial uses should use unobstructed windows that add activity and variety at the street level, inviting pedestrians into retail and commercial uses and providing views both in and out.

c.    Recommended.

i.    Clear window glazing.

ii.    Operable windows that open by pivoting, sliding or shuttering for restaurants and cafes.

iii.    Painted wood, metal, and tile- or stone-clad panels below windows.

iv.    Transom windows.

Transparent, visually interesting ground floor windows enhancing sidewalk activity.

d.    Not Recommended.

i.    Exposed or unfinished window frame materials.

ii.    Residential-styled bays, multi-paned divided lights, half-round or other similar forms.

iii.    Tinted or reflective glazing.

iv.    More than eight feet between mullions.

v.    Small scale windows.

Tinted or reflective glazing or with no visual or physical connection to the sidewalk.

10.    Build Compatible Parking Structures.

a.    Intent.

Use design elements to enhance the compatibility of parking structures with the urban streetscape.

b.    Guideline.

Parking structures should be designed so that their streetscape interface has a consistent form, massing and use of materials with the vision for the area. Any sidewalk facing parking garage frontages should be designed to appear like any other occupied buildings in the area. The horizontal garage form can be broken down by adding more wall surface and usable retail space, while retaining adequate garage ventilation.

c.    Recommended.

i.    Ground floor retail or other active uses.

ii.    Small openings that may be glazed to function as windows.

iii.    Stairways, elevators and parking entries and exits that occur at mid-block.

iv.    Single auto exit/entry control point to minimize number and width of driveway openings (entry and exit points may be separated).

v.    Vertical expression of building structure.

vi.    Cladding to disguise sloped floors from the outside view.

Parking garage design resembles mixed use development, limits driveway opening and integrates ground floor retail uses along sidewalk and at building corner.

d.    Not Recommended.

i.    Parked cars on the ground floor that are visible from adjacent sidewalks.

ii.    Exposed sloped floors visible from the street.

iii.    Stairways, elevators and parking entries and exits occurring at the building’s corners, where retail is a more appropriate use.

iv.    Horizontal expression of building structure.

Clearly visible sloping floors, parked cars and structural expression of structure.

E.    Lighting Guidelines.

Purpose.

The lighting of buildings and open spaces should provide security, and also contribute to the character and overall sense of and vitality of the area.

1.    Orient Lighting Toward Sidewalks and Public Spaces.

a.    Intent.

Pedestrian-scaled lighting should be used to highlight sidewalks, street trees and other features, and harmonize with other visual elements in the subarea.

b.    Guideline.

Pedestrian-scaled lighting should be provided along pedestrian walkways and public open spaces. A single fixture type should be used throughout an area with slight variations allowed to identify smaller districts. Fixtures should be visually quiet as to not overpower or dominate the streetscape.

Lighting may also be used to highlight trees and similar features within public and private plazas, courtyards, walkways and other similar outdoor areas to create an inviting and safe ambiance.

c.    Recommended.

i.    Lighting of district design.

ii.    Pole standards black or dark green in color.

iii.    Dual-purpose standards (that accommodate pedestrian and vehicular fixtures).

iv.    Standards accommodating banners and hanging flower pots.

v.    Lighting to highlight landscape areas.

vi.    Fixtures concealed and integrated into the design of buildings or landscape walls and stairways.

vii.    Footlighting that illuminates walkways and stairs.

viii.    Energy-efficient lighting.

ix.    Bollard lighting that is directed downward toward walking surfaces.

x.    Festive lighting along signature streets on buildings and trees.

d.    Not Recommended.

i.    Flashing or colored lights.

ii.    Exposed wires, outlets or other electrical devices that may provide safety hazards and are unsightly.

iii.    Exposed light source (bulbs should not be visible).

iv.    Low pressure sodium lamps.

Tall auto-oriented lighting fixture.

2.    Integrate Building Lighting.

a.    Intent.

Architectural lighting that enhances and helps articulate building design, including illumination of cornices and entries, uplighting and other effects.

b.    Guideline.

Exterior lighting of buildings should be an integral component of the facade composition. Lighting should be used to create effects of shadow, relief and outline that add visual interest and highlight aspects of the building. Lighting should not cast glare into residential units or onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles.

c.    Recommended.

i.    Wall-washing lighting fixtures.

ii.    Decorative wall sconces and similar architectural lighting fixtures.

iii.    Screened uplight fixtures on buildings or integrated with landscape.

iv.    Lighting that provides natural color.

Screened uplight fixtures on buildings.

d.    Not Recommended.

i.    Flashing or colored lights.

ii.    Exposed light source (bulbs should not be visible).

iii.    Fluorescent tube lighting.

iv.    Security spotlight.

v.    Low pressure sodium lamps.

Exposed security spotlight.

F.    Sign Guidelines.

Purpose.

Signs may provide an address, identify a place of business, locate residential buildings or generally offer directions and information. Regardless of their function, signs should be architecturally compatible with and contribute to the character of the subarea. Signs should be good neighbors; they should not compete with each other or dominate the setting due to inconsistent height, size, shape, number, color, lighting or movement. Signs can contribute significantly to a positive retail and pedestrian environment, improve public safety perceptions and reinforce a sense of place.

1.    Consider Size and Placement of Wall Signs.

a.    Intent.

Signs that are sized and placed so that they are compatible with a building’s architectural design and contribute to the character of the subarea.

b.    Guideline.

Signs should not overwhelm the building or its special architectural features. Signs should not render the building a mere backdrop for advertising or building identification. Signs should be good neighbors; they should not compete with each other or dominate the setting due to inconsistent height, size, shape, number, color, lighting or movement.

c.    Recommended.

i.    Signs incorporated into the building architecture as embossing, low relief casting or application to wall surfaces.

ii.    Signs constructed of individual, three-dimensional letters, as opposed to one single box with cutout flat letters.

iii.    Signs may be painted or made with applied metal lettering and graphics.

iv.    Signs made of durable and long lasting materials.

v.    Signs incorporating lighting as part of their design.

vi.    Signs located above storefronts, on columns or on walls flanking doorways.

Sign incorporated into design of building facade.

d.    Not Recommended.

i.    The material, size and shape of signs overwhelm, contrast greatly with or adversely impact the architectural quality of the building.

ii.    Rooftop signs.

iii.    Cabinet or bow signs.

iv.    Backlit signs.

v.    Painted window signs.

Sign overwhelms the architectural quality of the building.

2.    Orient Hanging Signs to Pedestrians.

a.    Intent.

Hanging signs that are oriented to the pedestrian and highly visible from the sidewalk. Hanging signs can contribute significantly to a positive retail and pedestrian environment and reinforce a sense of place.

b.    Guideline.

Signs should not overwhelm the streetscape. They should be compatible with and complement the building’s architecture, including its awnings, canopies, lighting and street furniture.

c.    Recommended.

i.    Sign lighting that is integrated into the facade of the building.

ii.    Signs constructed of high-quality materials and finishes.

iii.    Signs attached to the building in a durable fashion.

Hanging signs incorporated into the building facade that are oriented to the pedestrian and clearly visible from the sidewalk.

d.    Not Recommended.

i.    Signs interfering with sight lines, creating a safety hazard or obstructing views. (Ord. 6323, 11-21-16, § 12; Ord. 5874, 5-18-09, § 1)