20C.70.35 Overlake Neighborhood Regulations*

There are two types of neighborhood regulations: supplemental regulations and regulations that supersede other regulations.

1. Supplemental neighborhood regulations apply in addition to the zoning district in which the property is located and city-wide regulations, such as parking regulations. For example, the Willows Business Park zone regulations apply in addition to the Business Park zone. So these neighborhood regulations need to be used in conjunction with the zone and city regulations.

2. Certain neighborhood regulations supersede zoning districts or city-wide regulations. These regulations replace the other requirements. The Gateway Design Districts are an example of regulations that supersede zoning districts and some city-wide regulations.

In both cases, where there is a conflict between city-wide regulations and neighborhood regulations, the neighborhood regulations apply within the particular neighborhood.

20C.70.35-010 Purpose.

The Overlake neighborhood regulations are neighborhood specific and guide the continuing development of the Overlake neighborhood. They apply in addition to the city-wide regulations. These regulations are designed to implement the comprehensive plan policies calling for the development of a regional employment center in Overlake consistent with available transportation facilities, with encouraging housing protection in appropriate areas, protecting and enhancing residential neighborhoods, and protecting the environmental quality of the area. (Ord. 2027)

20C.70.35-020 Buffer Requirements – Supplemental.

(1) Purpose. The purpose of the supplemental buffer requirements is to protect nearby uses from the potential adverse impacts of more intense uses due to noise, glare, and the scale of development in locations where the lots are large enough for greater buffers than required by other provisions of the Redmond Community Development Guide. The 100-foot greenbelt along the Bellevue-Redmond Road is to provide a complete visual barrier. The buffers along NE 28th Street, NE 40th Street, NE 60th Street and Bridle Crest Trail, and 148th are to screen the uses across these streets and trails from the buildings, uses, and activities adjacent to the buffer.

(a) A greenbelt buffer 100 feet wide shall be provided and maintained along the portion of the Bellevue-Redmond Road identified in the Overlake Neighborhood Policies as a Neighborhood Protection Street. The greenbelt buffer shall border the Bellevue-Redmond Road right-of-way and the width shall be measured at right angles to the right-of-way. If the right-of-way expands in the future due to purchases, dedications, the granting of easements, or any other means, the buffer shall also expand except that the buffer shall not expand into any buildings, above-ground structures, parking areas, vehicle use areas, or other constructed surfaces inconsistent with a buffer that exist at the time of the expansion.

(b) Notwithstanding any other provision of this title, the 100-foot greenbelt along the portion of Bellevue-Redmond Road identified in the Overlake Neighborhood Policies as a Neighborhood Protection Street shall be planted and maintained so that it blocks vision from the unaided human eye through the greenbelt along both sides of Bellevue-Redmond Road from ground level to a height of 55 feet above the ground surface. This greenbelt shall consist of an evergreen canopy, a middle story of deciduous and evergreen trees, and an understory of shrubs, plants, and smaller trees. While the plants shall be primarily of types native to the area, soils and micro-climate, non-native ornamental plants may also be included.

(c) If this buffer does not meet this standard, it shall be supplemented so that it does meet the standard. The supplemental planting shall take place before a certificate of occupancy is issued for 25,000 or more square feet of additional building space on the Microsoft Main Campus for building permits applied for after the effective date of this regulation. The 25,000 or more square feet shall include building space applied for in multiple building permits.

(d) Notwithstanding RCDG 20C.60.25-080(3)(d)(v), the existing storm water facility located along the Bellevue-Redmond Road at the south end of this buffer shall not be required to be amortized and removed.

(a) A 50-foot-wide buffer shall be provided and maintained along the north side of NE 28th Street between 156th Avenue NE and Bellevue-Redmond Road. If NE 28th Street is ever vacated, the buffer may remain along the former NE 28th Street right-of-way or be moved south to the new property line created by the vacation.

(b) A 50-foot-wide buffer shall be provided and maintained along the south side of NE 40th Street between 159th Avenue NE and a north-south line 300 feet east of the northwest corner of Section 24, Township 18 N, R 5 E.W.M. and parallel to the west section line of said section. If 159th Avenue NE is ever vacated, the buffer shall run to the former right-of-way of said street.

(4) Redmond West Buffers. The Redmond West covenants, conditions, and restrictions provide for a 200-foot buffer along 148th Avenue NE and a 50- to 75-foot-wide buffer along the north boundary of the property. These buffers shall be maintained as follows:

(a) A vegetative buffer shall be provided and maintained along 148th Avenue NE extending approximately 200 feet east from the property line.

(b) A continuous vegetative buffer shall be provided and maintained along the Bridle Crest Equestrian Trail (south of the 60-foot former NE 60th Street right-of-way) between 148th Avenue NE and SR 520. The buffer shall be 75 feet wide south of the property line abutting the plat of Sunrise Park, 50 feet wide south of the property line abutting Benjamin Rush Middle School, and 75 feet wide south of the property line abutting the existing NE 60th Street right-of-way. A minimum 10-foot-wide berm plus additional landscaping and a fence separating the equestrian trail and buffer shall be maintained. The existing standing fir trees in the northeast corner of the site adjacent to SR 520 and NE 60th Street shall be maintained as a buffer for noise and views. The 75-foot buffer will be extended as needed to encompass the majority of the tree stand.

(c) Existing mature trees within the buffers and open space shall be retained when possible. Berms within the buffer and open space areas should be planted with a mixture of medium scale evergreen trees and shrubs to provide additional visual buffering to nearby properties.

(d) Notwithstanding RCDG 20C.60.25-080(3)(d)(v), residences on the life estates shall not be required to be amortized and removed until one year after the life estates end.

(5) The greenbelts and buffers provided for in this section shall comply with the applicable requirements of Chapter 20D.80 RCDG, Landscaping Standards and Tree Protection, and RCDG 20C.60.25-080, Landscaping, Open Space and Buffers, except as specifically provided by this section. (Ord. 2027)

20C.70.35-030 Duplexes, Threeplexes, and Fourplexes, Supplemental Requirements for the Overlake Neighborhood.

(1) Purpose. The Redmond Comprehensive Plan provides that neighborhood plans should decide whether duplexes, threeplexes, and fourplexes should be allowed in residential neighborhoods designated Low-Moderate Density Residential. The Low-Moderate Density Residential designation is a residential comprehensive plan designation that allows densities of four to six housing units per acre. Through the Overlake Neighborhood Plan, the neighborhood decided to allow duplexes on individual lots after a public hearing, provided certain criteria and conditions are met. Threeplexes and fourplexes are also allowed, but only on individual lots after certain conditions are met. This section contains those conditions.

(2) Duplexes. Within R-4, R-5, and R-6 zones in the Overlake Neighborhood, the Hearing Examiner may approve applications for duplexes if the applicant shows by the preponderance of the evidence that all of the following requirements are met:


Zone	Maximum Number of Housing Units Per Acre [excluding the density bonus in RCDG 20C.30.70-030(4).]
R-4	6 housing units per gross acre.
R-5	7.5 housing units per acre (shall not be rounded up to 8).
R-6	9 housing units per acre.

(b) The average minimum lot size shall comply with RCDG 20C.30.70-030(1), Multiplex Housing Requirements.

(c) The design requirements of RCDG 20C.30.70-030(3), Multiplex Housing Requirements, shall be met. However, a chimney form is encouraged but not required if the design otherwise has the appearance of a residence. The design of the duplex shall also be consistent with the desirable character of the neighborhood.

(d) The decision on whether to allow the duplex shall be made through the Type III process. In this process, the Hearing Examiner decides the application after an open record public hearing. Testimony on the proposed design shall be allowed at the public hearing and the Hearing Examiner shall decide if the design requirements are met.

(e) This subsection shall only apply to duplexes not located on a lot created through a long subdivision or binding site plan approved after the adoption of Ordinance 1901 and designated for a duplex. For such duplex applications, the Hearing Examiner shall consider whether the off-street parking spaces required or proposed for the development will adequately accommodate its parking demands. If it would be unsafe to park on the street adjacent to the duplex, the Hearing Examiner shall require as many off-street parking spaces as are necessary to accommodate the duplex’s parking demands on-site without off-street parking.

(f) As part of the review of the application, the Hearing Examiner shall decide whether the requirements of this subsection are met, including the design requirement. Testimony on the design shall be allowed at the public hearing.

(3) Threeplexes and Fourplexes. Within R-4, R-5, and R-6 zones in the Overlake Neighborhood, the Hearing Examiner may approve applications for threeplexes or fourplexes if the applicant shows by the preponderance of the evidence that all of the following requirements are met:


Zone	Maximum Number of Housing Units Per Acre [excluding the density bonus in RCDG 20C.30.70-030(4).]
R-4	6 housing units per gross acre.
R-5	7.5 housing units per acre (shall not be rounded up to 8).
R-6	9 housing units per acre.

(b) The average minimum lot size shall comply with RCDG 20C.30.70-030(1), Multiplex Housing Requirements.

(c) The threeplex or fourplex is on a lot in long subdivision or binding site plan approved after the adoption of Ordinance 1901 and designated for such units.

(d) The design requirements of with RCDG 20C.30.70-030(3), Multiplex Housing Requirements, shall be met. However, a chimney form is encouraged but not required if the design otherwise has the appearance of a residence. The design of the threeplex or fourplex shall also be consistent with the desirable character of the neighborhood.

(e) The decision on whether to allow the threeplex or fourplex shall be made through the Type III process. In this process, the Hearing Examiner decides the application after an open record public hearing. Testimony on the proposed design shall be allowed at the public hearing and the Hearing Examiner shall decide if the design requirements are met.

(4) Density Bonus. This bonus shall not apply to duplexes unless the duplex is located on a lot created through a long subdivision or binding site plan approved after the adoption of Ordinance 1901 and designated for a duplex. The density bonus in RCDG 20C.30.70-030(4), Multiplex Housing, shall apply to threeplexes and fourplexes allowed by this section. (Ord. 2027)

20C.70.35-040 FAR and Height Overlays.

(a) The purpose of the maximum floor area ratio (FAR) and height overlay is to provide for an effective transition between low and moderate density residential areas and more intense employment areas. The limits on the FARs and heights will ensure the buildings allowed in employment areas are compatible with nearby residential uses.

(b) The purpose of the minimum floor area ratio (FAR) and height overlay is to encourage development at an intensity that will support transit along areas of all day transit service near the Overlake transit center. Providing densities that will support transit will make transit service in this area sustainable over the long-term. This will encourage transit use, reduce pass-through traffic in residential neighborhoods, and reduce air and water pollution.

(2) The FAR and Height Overlays are shown on the Overlake FAR and Height Overlay Map.

(b) The maximum FAR shall be 0.30 for any building within or partially within the Maximum Floor Area and Height Overlay.

(c) The amount of allowable floor space allowed by the OV zone that exceeds a FAR of 0.30 may be used on any property zoned OV that is contiguous to and in the same ownership as the properties within the Maximum Floor Area and Height Overlay.

(4) Minimum Floor Area Overlay. The minimum FAR shall be 0.35 for any building within or partially within the Minimum Floor Area Overlay. (Ord. 2027)

20C.70.35-050 Interjurisdictional Review and Cooperation.

(1) Purpose. The purpose of the interjurisdictional review and cooperation provisions is to provide for continued coordination, cooperation and impact mitigation within the Overlake area. Providing notice, the opportunity to comment, and mechanisms to lessen adverse impacts can help maintain the health and vitality of Overlake and nearby areas.

(2) The provisions of this section shall apply to the Overlake Special Review Area as that area is designated on a map approved by a memorandum of agreement or understanding between the cities of Bellevue and Redmond.

(3) Within the Overlake Special Review Area, the Administrator shall provide the City of Bellevue with a copy of the following proposed applications:

(d) Site plan applications for office, research and development, manufacturing, and industrial developments of more than 50,000 square feet of gross floor area.

(e) Site plan applications for retail developments of more than 15,000 square feet of gross floor area.

(4) The applications shall be transmitted to the City of Bellevue at least 30 days before a decision is to be made on the application.

(5) The City of Bellevue shall provide its comments to the City of Redmond by the deadline given by the City of Redmond. The deadline shall be at least 20 days after the application is transmitted to the City of Bellevue. Comments received from the City of Bellevue shall be accommodated in the design to the maximum extent possible, consistent with the adopted policies and regulations of the City of Redmond.

(6) Notwithstanding any other provision of the Community Development Guide, the City of Bellevue may appeal a decision on an application listed in subsection (3) of this section, if the City of Bellevue provides written comments to the City of Redmond.

(7) The Cities of Bellevue and Redmond shall maintain a memorandum of agreement or understanding between the two cities which guides the mitigation of transportation impacts between the two cities. (Ord. 2027)

20C.70.35-060 Overlake Design District.

(1) The purpose of the Overlake Neighborhood Design District zone is to provide for the hospital in the neighborhood. Hospitals often have special needs that can best be accommodated by special policies and regulations. Redmond anticipates preparing policies and regulations in cooperation with the property owner and neighborhood businesses, employees, and residents as provided for in Comprehensive Plan Policy LU-59.

(2) Until these policies and regulations are prepared, the provisions of the Overlake Business and Advanced Technology (OV) zone and the other applicable requirements of the Community Development Guide shall apply to the Design District zone in the Overlake Neighborhood. (Ord. 2027)

20C.70.35-070 Overlake SEPA Planned Action.

(1) Purpose. The preparation of the Overlake Neighborhood Plan and Bel-Red/Overlake Transportation Study Update has required the investment of a significant amount of time and money by the cities of Redmond and Bellevue. These planning processes have also benefited from a significant investment in public involvement by neighborhood residents, property owners, businesses, employees, and others. The purpose of the Overlake SEPA planned action is to efficiently use these investments of time and money by the public, neighborhood residents, businesses and property owners to make development review more timely, cost-effective, and predictable. The Washington State Environmental Policy Act (SEPA) provides that where an environmental impact statement on a neighborhood plan has adequately addressed the significant environmental effects of a project, that environmental impact statement may be used as the SEPA analysis for that project. If a project complies with the requirements of this section, the environmental impact statement prepared for the Overlake Neighborhood Plan and Bel-Red/Overlake Transportation Study Update may be used as the environmental review document for that project and no further environmental review is required.

(2) Requirements for Coverage Under the Overlake SEPA planned action. To be covered by this SEPA planned action, a proposed project shall comply with all of the following requirements:

(a) The project shall be located on land within the Overlake Neighborhood and zoned Overlake Business and Advanced Technology (OV), Retail Commercial (RC), or Design District (DD).

(b) The project shall consist of building(s), site improvements, and on-site and off-site improvements to support the building(s) that will be occupied by uses that are allowed by the Overlake Business and Advanced Technology (OV), Retail Commercial (RC) or Design District (DD) zones. Only transportation improvements that meet the transportation management definition of project improvements shall be covered by the Overlake SEPA planned action. No transportation facility system improvement shall be covered by the Overlake SEPA planned action. If a project includes transportation facility system improvements, the system improvements shall not be planned actions, but the remainder of the project may if it otherwise complies with the requirements of this section. Essential public facilities shall not be included in the covered improvements.

(c) For non-residential projects and the non-residential component of mixed-use projects, the proposed project together with the projects already approved as planned actions shall not exceed the following gross square footage limits for the zone in which the project is located:

(d) For residential projects and the residential component of mixed-use projects, the project and the projects already approved as planned actions shall not exceed 1,336 housing units.

(e) The project shall comply with the floor area ratios (FARs), inclusive of allowable TDRs, and density limits set by the Overlake Business and Advanced Technology (OV) zone, the Retail Commercial (RC) zone, or the Design District (DD).

(f) The application for coverage under the Overlake SEPA planned action must be submitted by June 1, 2012. If the application is approved, the project must vest under the statutes and case law of the State of Washington by December 31, 2012, or the approval shall expire.

(g) The project shall not be an essential public facility. Essential public facilities shall not be covered by the Overlake SEPA planned action.

(h) The Overlake SEPA planned action has not been suspended under the monitoring provisions in subsection (5) of this section, Overlake SEPA planned action. If the Administrator has determined that the Overlake SEPA planned action covers a project, a suspension of the planned action shall not revoke that determination.

(3) Required Mitigating Measures. A proposed project that is covered by the Overlake SEPA planned action shall comply with all of the following:

(c) If the Technical Committee determines that the traffic generated by the project will require the construction or modification of the transportation facilities of another local government, the State of Washington, or the United States, the project shall provide the mitigation to that government required by the Technical Committee. The payment of impact fees that cover the impact will satisfy this requirement.

Zone	Total Non-Residential Gross Square Feet
Overlake Business and Advanced Technology (OV)	3,233,708
Retail Commercial (RC)	156,984
Design District (DD)	28,000

(d) For properties within the Lake Sammamish Basin or that discharge storm water into the Lake Sammamish Basin and are required to obtain approved plans and permits by RMC 15.24.050, Activities requiring permits; the proposed project shall comply with the sensitive lake protection standard in the Lake Sammamish Water Quality Management Plan (1996) and all adopted clearing, grading, and storm water requirements of the City of Redmond.

(e) The proposed project shall provide all off-site and on-site public facilities that the Technical Committee determines are necessary to serve the project including, but not limited to, water facilities, wastewater facilities, storm water facilities, transportation facilities, fire protection facilities, police facilities, and park and recreation facilities.

(a) An applicant seeking coverage under the Overlake SEPA planned action shall complete a SEPA environmental checklist and submit the checklist to the Administrator together with any fee for a planned action coverage determination set by the City of Redmond City Council. The applicant shall note on the checklist that he or she is requesting an Overlake planned action coverage determination. If the Administrator has prepared a SEPA environmental checklist specific to the Overlake SEPA planned action, that checklist shall be used.

(b) To be covered by the Overlake SEPA planned action, the project shall comply with all of the following criteria:

(i) The project complies with all of the requirements for coverage under the Overlake SEPA planned action in subsection (2) of this section, Overlake SEPA planned action.

(ii) The draft and final environmental impact statement and integrated SEPA/GMA documents for the Overlake Neighborhood Plan and the Bel-Red/Overlake Transportation Study Update adequately addressed the project’s significant adverse impacts.

(iii) The project is a subsequent or implementing project for the proposals analyzed in the draft and final environmental impact statement and integrated SEPA/GMA documents for the Overlake Neighborhood Plan and the Bel-Red/Overlake Transportation Study Update.

(iv) The project is consistent with the City of Redmond Comprehensive Plan and the Overlake Neighborhood Plan, both of which have been adopted under the Growth Management Act.

(v) The project shall implement the required mitigating measures in subsection (3) of this section, Overlake SEPA planned action.

(c) If the Administrator determines the Overlake SEPA planned action covers the project, a project threshold determination or environmental impact statement shall not be required.

(d) If the Administrator determines the Overlake SEPA planned action does not cover the project, a project threshold determination is required. In conducting the additional SEPA environmental review, the lead agency may use information and analysis in the draft and final environmental impact statement and integrated SEPA/GMA documents for the Overlake Neighborhood Plan and the Bel-Red/Overlake Transportation Study Update and other documents prepared as part of these planning processes.

(e) The Administrator’s determination that a project is or is not covered by the Overlake SEPA planned action may be appealed as provided in RCDG 20F.20.40-180, Appeals. The appeal shall be filed on a Redmond appeal form and be received by the Administrator within 10 working days of the date the Administrator makes his or her decision.

(f) If public notice is required for the project, the notice shall state the project is covered by the Overlake SEPA planned action.

(a) Each year, the Administrator shall monitor the amount and type of development in the Overlake Neighborhood, the amount and type of development covered under the Overlake SEPA planned action, and the construction of the transportation facilities provided for in the Bel-Red/Overlake Transportation Study Update. These monitoring efforts shall be integrated with the Bel-Red/Overlake Transportation Study Update monitoring activities.

(b) Based on these monitoring efforts, the Administrator shall consider whether the Overlake SEPA planned action should be updated or modified at least once every five years. This review should take place during the five-year evaluation of the Overlake Neighborhood Plan called for by the Redmond Comprehensive Plan. It may also take place more frequently. If the Administrator determines an update or modification is needed, the Administrator shall begin the process of conducting the update or modification or request funds to do so through the city’s budgeting process.

(i) If the Administrator determines that the transportation facilities adequate to serve the projects allowed under the planned action are not likely to be constructed in a timely fashion and that substitute facilities or programs cannot be provided or that continuing implementation of the Overlake SEPA planned action would result in probable significant environmental harm, the Administrator may suspend the Overlake SEPA planned action for up to one year.

(ii) During the suspension, the Administrator shall work with the Planning Commission and City Council to modify the Overlake SEPA planned action to address these deficiencies or to repeal the planned action.

(iii) During the suspension, no new applications for projects to be covered by the Overlake SEPA planned action shall be approved by the Administrator. Applicants may withdraw their requests to be covered by the planned action and the project may be reviewed under the standard SEPA environmental review process and the city’s permitting processes during any suspension.

(iv) The Administrator’s decision to suspend the Overlake SEPA planned action may be appealed as provided in RCDG 20F.20.40-180, Appeals. The appeal shall be filed on a Redmond appeal form and be received by the Administrator within 10 working days of the date the Administrator makes his or her decision. (Ord. 2025)