Part 20.25F Evergreen Highlands Design District

20.25F.010 Permitted land uses.

A. The following chart, entitled Evergreen Highlands Permitted Land Uses, indicates the permitted land uses and required review procedure for each use within each performance area:


Evergreen Highlands Permitted Land Uses
	Performance Area
Land Use	EH-A	EH-B	EH-C	EH-D
Single-family detached	P
Two – four dwelling units per structure	P
Five or more dwelling units per structure	A
Dwelling units accessory to research and development or office uses (7)		P	P	P
Professional, scientific or control instrument research, development and assembly (1, 6, 9)			P
Electrical or other technical equipment research, development and assembly (1, 6, 9)			P
Computer research, development and assembly (1, 6, 9)			P
Scientific and research organizations, research and development (1, 6, 9)			P
Research, development and testing services (1, 6, 9)			P
Any other manufacturing or assembly use determined by the Director of Planning and Community Development to be in character with research and development uses permitted in this district (1, 6, 9)			A
Professional services excluding medical and other health care related services (10)		P	P(5)	P
Business services (10)		P	P(5)	P
General office (10)		P	P(5)	P
Personal services, including but not limited to dry cleaning, barber and beauty and laundry (3, 4)			P
Restaurant (4)			P
Convenience retail and services uses including but not limited to food, drugs, banks (3, 4)			P
Child care service use: 1 – 6 children 7 – 12 children 13 or more children	P A C	P P P	P P P	P P P



Recreation facility (2)	P	P	P	P
Accessory parking for permitted or approved uses (8)	P	P	P	P
Regional utility facilities: distribution, substations
and storage	C	C	C	C
Local utility facilities: distribution, substations and storage	A	A	A	A
Governmental services (offices, administration, executive, legislative, judicial excluding maintenance) (10)	A	A	A(5)	A
Governmental services (protective functions, police, fire excluding maintenance)	A	A	A	A
Park and ride	C	C	C	C
Street right-of-way	P	P	P	P
Public park	A	A	A	A
Extended stay hotel (11)				P

P: The use is permitted subject to general requirements for the use and the use district.

A: The use is permitted subject to the Administrative Conditional Use provisions as specified in Part 20.30E LUC and to general requirements for the use and the use district.

C: The use is permitted subject to the Conditional Use provisions as specified in Part 20.30B or 20.30C LUC and those following, and to general requirements for the use and the use district.

(1) May include office space, corporate headquarters and other support activities associated with the specific research and development, manufacturing or assembly use. No accessory or subordinate retail activity is permitted.

(2) Must be accessory to a permitted or approved use, and primarily intended for employees or residents of the Design District.

(3) Personal services and convenience retail and service uses are limited to a combined total of 50,000 gross square feet for the entire performance area. No personal service or convenience retail or service use may abut or be oriented to NE 40th Street, 156th Avenue NE or Bellevue-Redmond Road.

(4) May not abut or be oriented to NE 40th Street, 156th Avenue NE or Bellevue-Redmond Road.

(5) General office, professional services, business services and governmental services (office) uses are limited to a total of 20 percent of the developable FAR of the area defined in a Master Development Plan.

(6) Prior to the issuance of any Building Permit or certificate of occupancy for a research and development, assembly or manufacturing use, the applicant must substantiate that Metro, the Department of Ecology, the Puget Sound Air Pollution Control Authority and the Environmental Protection Agency have been contacted and that all applicable environmental regulations have been met, or will be met. See LUC 20.25F.050. In no case is the manufacture of explosive materials permitted.

(7) Intended for short duration, not intended for rental. The primary purpose is housing for training and education.

(8) Accessory parking for a nonresidential use may be located in Performance Area A only if the use requiring that parking is in Performance Area A.

(9) These uses constitute research and development uses.

(10) These uses constitute office uses.

(11) Extended stay hotels are restricted to serving clientele who stay for a minimum of one week. Eating and drinking establishments are not permitted as a subordinate use or in any other capacity in connection with an extended stay hotel.

B. Unlisted Uses.

A use which is not specifically listed in subsection A of this section may be permitted pursuant to the provisions of LUC 20.10.420 and only if such use would not alter the quality, character or purpose of the performance area in which it is proposed to be located. (Ord. 4973, 3-3-97, § 701; Ord. 4816, 12-4-95, § 801; Ord. 3530, 8-12-85, § 66; Ord. 3219, 1-17-83, § 7)

20.25F.020 Master Development Plan required.

A. General.

1. In order to insure coordinated development, prior to any development by a property owner, that owner must submit a Master Development Plan as provided for in this section encompassing all contiguous property owned and all contiguous property in which that person has a legal or equitable ownership interest.

2. Exception. Property in performance area A need not be combined with property in performance area B.

B. Required Review.

Each Master Development Plan must be approved by the Technical Committee through Design Review Part 20.30F LUC.

1. Interjurisdictional Review and Appeal.

a. Each Master Development Plan shall be submitted to the City of Redmond for review and comment prior to a decision on the proposal. Comments received from the City of Redmond shall be accommodated in the design to the maximum extent possible, and consistent with the adopted policies of the City of Bellevue.

b. Notwithstanding any other provision of the Land Use Code, the City of Redmond may appeal the decision of the Technical Committee on the Master Development Plan.

C. Criteria.

The Technical Committee may approve a Master Development Plan only if the proposed Master Development Plan is consistent with:

1. The goals and policies of the Comprehensive Plan; and

2. The requirements of this part, and all other applicable provisions of the Land Use Code.

D. Conditions.

The Technical Committee may impose conditions on the Master Development Plan in order to insure that the standards and intent of the Evergreen Highlands Goals and Policies, and the Land Use Code and Comprehensive Plan are met, and to mitigate potential adverse environmental impacts. The Technical Committee shall also provide for continuity of development between properties and between jurisdictions.

E. Recording Required.

Following approval of a Master Development Plan, the applicant shall record the Master Development Plan with the King County Division of Records and Elections and with the City Clerk. The Plan is binding on and runs with the land.

F. Master Development Plan Amendment.

1. Minor Amendment.

a. The property owner may request a minor amendment to an approved Master Development Plan.

b. The applicant shall submit each document which requires revision in order to reflect the proposed minor amendment.

c. An amendment is minor and may be approved by written decision of the Technical Committee if:

i. It does not significantly affect or change the overall concept or design of the approved Master Plan; and

ii. It does not significantly impact the visual nature, environment and intensity of the development; and

iii. It results in an improvement to the Master Development Plan.

d. The applicant shall record the written decision of the Technical Committee approving a minor amendment to the Master Development Plan with the King County Division of Records and Elections and with the City Clerk.

2. Major Amendment. All proposed amendments which are not deemed minor, will be processed as major amendments.

a. The Technical Committee will decide upon a major amendment to an approved Master Development Plan through Design Review, Part 20.30F LUC. An amendment may be processed separately, or in conjunction with the review of a specific development proposal pursuant to LUC 20.25F.030.

b. The applicant shall submit each document which requires revision in order to reflect the proposed major amendment.

c. The Technical Committee may approve a major amendment to an approved Master Development Plan only if:

i. The Master Development Plan as amended complies with the criteria of subsection C of this section; and

ii. The amendment is based on new information available regarding the proposal and will achieve an equal or superior result; and

iii. The amendment will result in increased preservation or enhancement of the natural environment, or other improvement in the overall Master Development Plan.

d. The applicant shall record an amended Master Development Plan with the King County Division of Records and Elections and with the City Clerk. This amended Plan is binding on and runs with the land. (Ord. 3690, 8-4-86, § 16; Ord. 3530, 8-12-85, § 67; Ord. 3219, 1-17-83, § 7)

20.25F.030 Development Design Review.

A. General.

Each structure within the Evergreen Highlands Design District must be approved by the Technical Committee through Design Review, Part 20.30F LUC.

B. Interjurisdictional Review and Appeal.

1. Each application for Design Review shall be submitted to the City of Redmond for review and comment. Comments received from the City of Redmond shall be accommodated in the design to the maximum extent possible, and consistent with the adopted policies and regulations of the City of Bellevue.

2. Notwithstanding any other provision of this Code, the City of Redmond may appeal the decision of the Technical Committee on the Development Design Review.

C. Criteria.

The Technical Committee may approve an application for Development Design Review only if:

1. The proposed development is consistent with the goals and policies of the Comprehensive Plan.

2. The requirements of this part, and all other applicable provisions of the Land Use Code are met.

3. Each structure, including architecture, finish material, color, scale, associated landscaping, signs and site development is visually harmonious and compatible with surrounding uses, structures, vegetation, and topography.

4. Each structure promotes quality design, and enhances the coordination of development within the district.

5. Each structure and all proposed site development complies with the approved Master Development Plan. If the application for Development Design Review contains elements inconsistent with the approved Master Development Plan, then the Technical Committee may not approve that application until the Master Development Plan is amended to include these elements.

D. Conditions.

The Technical Committee may impose conditions on development in the Evergreen Highlands Design District in order to insure that the standards and intent of the Design District, and the Land Use Code and Comprehensive Plan are met, and to mitigate potential adverse environmental impacts. The Technical Committee shall give specific attention to the need to establish conditions which mitigate traffic impacts associated with the development. (Ord. 3690, 8-4-86, § 17; Ord. 3530, 8-12-85, § 69; Ord. 3219, 1-17-83, § 7)

20.25F.040 Site and design requirements.

A. General.

Except as otherwise provided in this section, all applicable provisions of the Land Use Code and other applicable codes and ordinances apply to development in the Evergreen Highlands Design District. Where there is a conflict between the regulations of the Evergreen Highlands Design District and the Land Use Code, the Design District regulations govern.

B. Site Requirements.

The following chart sets forth the dimensional and site requirements for each performance area in the Evergreen Highlands Design District. Each structure, development or activity in the district must comply with these requirements.


		Performance Area
	Site Requirements	EH-A	EH-B	EH-C	EH-D
1.	Maximum Number of Dwelling Units Per Gross Acre	11	N/A	N/A	N/A
2.	Minimum Setback of Structures (in feet): (4)
	Front/Street (1)	50/20	50/20	50/20	50/20
	Rear	25	25	15	15
	Side (minimum each side)	15	15	15	15
3.	Minimum Separation Between Buildings, Excluding Accessory Structures (in feet) (4)	30	30	30	30
4.	Minimum Percentage of Pervious Surface (in percent) (7)	50	45	35	35
5.	Maximum Height of Structures (in feet/stories)	30/3	45/3 (5)	45/3 (3)	45/3
6.	Maximum Floor Area Ratio (2, 10)	N/A	.20	.40	.30
7.	Minimum Area of Public/Private Parkland (6)	1:200(8)	1:1000(9)	1:1000(9)	1:1000(9)

(1) The first figure represents the minimum setback from NE 40th, 156th Avenue NE and Bellevue-Redmond Road. The second figure represents the minimum setback from any street, private road, or the interior edge of an access easement within the Design District.

(2) Floor Area Ratio is applied to Research and Development Uses and Office Uses on a project limit basis.

(3) The maximum height of a structure may be increased to 75 feet and six stories if the structure is located in the interior of the performance area and the individual building floor size is limited to 25,000 gross square feet. If building height over 45 feet is proposed, the applicant must submit an analysis of increased view intrusion from residential areas within the Subarea.

(4) Minimum Setback, excluding the setback from NE 40th, 156th Avenue NE or Bellevue-Redmond Road, and Minimum Building Separation may be modified through Design Review Part 20.30F LUC if:

(a) The modification achieves a site design superior to that which would otherwise have been possible; and

(b) The modification has no significant adverse impact on adjacent property; and

(5) All buildings within 150 feet of Performance Area A are limited to 35 feet in height.

(6) Area devoted to public or private parkland may be used to calculate floor area ratio or density, and may be used to meet the minimum percentage of pervious surface required. Parkland includes all area devoted to open space, active or passive recreation, indoor recreation and other space for the use and enjoyment of residents, employees or the public, excluding required landscaping.

(7) Applied to all development on a project limit basis.

(8) Measured by ratio of acres to projected number of residents. The specific location of parkland will be determined through the Master Development Plan Process.

(9) Measured by a ratio of acres to projected number of employees. The specific location of parkland will be determined through the Master Development Plan Process.

(10) Calculated based on gross floor area minus any area devoted to parking or vehicular circulation divided by gross land area.

C. Design Requirements.

1. Parking and Circulation.

a. The applicant must provide parking spaces as follows:


		Minimum	Maximum
i.	Residential use	1.0:D.U.	2.0:D.U.
ii.	Research and development/other manufacturing or assembly	3.0:1,000 nsf.	4.0:1,000 nsf.
iii.	Bank	3.0:1,000 nsf.	4.0:1,000 nsf.
iv.	Other convenience retail and service/personal services	0	2.5:1,000 nsf.
v.	Professional services, business services, general offices, governmental services (office)	3.0:1,000 nsf.	4.0:1,000 nsf.
vi.	Restaurant	8.0:1,000 nsf.	10.0:1,000 nsf.
D.U. = dwelling unit
nsf = net usable square feet

b. The parking requirement for uses not specifically listed will be determined by the Technical Committee based on demonstrated demand and comparison to similar uses.

c. The minimum level of parking shall be installed prior to occupancy of the structure. Area needed to provide for parking up to the maximum shall be reserved in landscaped open space for future parking demand. The Technical Committee may permit improvement of this reserved space for additional parking if additional parking demand is demonstrated.

d. The applicant may request approval to install more than the minimum number of parking spaces through Design Review, Part 20.30F LUC. The Technical Committee may approve the initial installation of parking above the minimum only if:

i. The applicant can demonstrate specific employee parking requirements above the minimum; or

ii. The applicant can demonstrate financial hardship associated with limiting parking to the allowable minimum; or

iii. The applicant commits to additional Transportation Management Programs and a specific phasing schedule to reduce the need for parking over time and convert parking areas to landscaped open space.

e. No parking may be located within a required front/street setback.

f. Circulation must be consistent with the Evergreen Highlands Circulation Plan Map contained in the Comprehensive Plan, with the requirements of the Evergreen Highlands Subarea Transportation Improvement Overlay District, Part 20.25G LUC, and must:

i. Be coordinated with other property in the performance area and with other performance areas in order to provide an efficient transportation system, and to minimize unnecessary paved area;

ii. Combine, wherever practical, access ways and parking areas if compatible with individual site design;

iii. Separate residential and nonresidential traffic;

iv. Provide for nonmotorized, including pedestrian and bicycle, movement throughout the performance area and Design District;

v. Coordinate with street and walkway systems of adjoining jurisdictions.

g. Design Review shall ensure that parking lots do not encircle buildings.

h. The provisions of LUC 20.20.590 apply in the Evergreen Highlands District, except for those requirements contained in LUC 20.20.590.F and 20.20.590.I.

2. Landscaping and Vegetation Preservation.

a. The applicant must provide landscaping between structures, as a setting for structures, and within and around parking areas. This landscaping must enhance the coordinated project design, and provide a pleasing environment between structures. All pervious surface must be landscaped, except those areas specified under other provisions of this Code for natural vegetation, or determined by the Technical Committee as desirable for retention in its natural state.

b. If landscaping is located between uses, the type and intensity of planting must reflect the variation in use category and intensity. The larger the variation, the more the planting must serve as a solid screen.

c. Particular attention must be given to street frontage landscaping which will visually separate the development from the street, and create a soft edge condition.

d. Landscaping shall create a setting which enhances pedestrian use of open space and which provides a sense of place and scale for the proposed development.

e. A significant number of trees at least 12 feet to 14 feet in height or two and one-half inches to three inches in caliper, in conformance with the American Standard for Nursery Stock, and predominantly evergreen, must be included in each planted area. Caliper is measured four feet above existing grade. Shrubs at least three and one-half feet in height along a parking area or site perimeter and at least two feet in height at any other location must be interspersed among the trees, and the majority of the remaining area planted with living ground cover so that the ground will be covered in three years.

f. Wherever practical and consistent with proposed site design, tree line and existing trees at least six inches in caliper must be retained. Caliper is measured four feet above existing grade. Tree protection techniques, approved by the Technical Committee must be utilized during construction. Where changes in grade have occurred, permanent tree preservation methods, approved by the Technical Committee must be utilized.

g. The applicant must install street trees at least three inches in caliper along the street frontage. Caliper is measured four feet above existing grade. The location and species installed are subject to approval of the Technical Committee.

h. The applicant must install interior parking area landscaping equal to at least 10 percent of the area devoted to parking and circulation. Planting areas must be at least 100 square feet and no more than 1,000 square feet. The minimum dimension in any direction is four feet. Each planting area must contain at least one tree combined with shrubs and ground cover which meet the minimum size requirements of paragraph C.2.e of this section.

i. The provisions of LUC 20.20.520 do not apply in the Evergreen Highlands Design District, except for those requirements contained in LUC 20.20.520.K and L.

3. Other Natural Features.

a. Watercourse and Water Bodies.

i. Perennial watercourses and water bodies as identified on the Evergreen Highlands Natural Features Map in the Comprehensive Plan must be enhanced or protected during development and on a permanent basis.

ii. A buffer area, at least 50 feet wide measured from the centerline of a watercourse, or high water line of a water body, must be established on each side of a watercourse, and surrounding a water body. The Technical Committee may require a greater setback based on specific site characteristics. Land alteration within this buffer area must be specifically approved by the Technical Committee, and shall be limited to activities such as maintenance, supplemental landscaping, limited passive recreation and enhancement of the natural feature.

iii. Where necessary as determined by the Technical Committee, the City shall require channel and habitat restoration in conformance with City standards.

iv. In addition to performance guarantees otherwise provided in the Code, the applicant must establish and commit to a permanent program of watercourse or water body maintenance. Performance guarantees not to exceed two years following the completion of a project are required as determined necessary by the Director of the Utilities Department or other appropriate department head.

b. Steep Slopes.

i. No development is permitted on slopes equal to or exceeding 40 percent. These areas are to remain naturally vegetated to the maximum extent possible. Supplemental planting may be required where warranted by potential erosion or slope instability.

ii. A soils engineering report is required for development on slopes equal to 25 percent and up to 40 percent, and may be required for development on other slopes if determined to be necessary by the Technical Committee. Erosion control and soil stabilization measures may be required.

c. Wetlands.

i. Wetlands necessary for the City’s storm management system as determined by the Utilities Director or other appropriate department head, or wetlands which constitute a significant habitat area must be maintained.

ii. A buffer area 50 feet wide must be established surrounding a wetland. The Technical Committee may require a greater setback based on specific site characteristics. Land alteration within this buffer area must be specifically approved by the Technical Committee, and shall be limited to activities such as maintenance, supplemental landscaping and enhancement of the natural feature.

4. Drainage.

The applicant must submit a drainage plan consistent with the development standards of the City of Redmond and the City of Bellevue which produce the more protective drainage system as determined by the Redmond Public Works Director and the Bellevue Utilities Director.

5. Open Space.

a. The applicant must provide natural and improved open space which is coordinated with that of other properties, and which enhances the park-like setting of the district.

b. Open space must permit areas for both active and passive recreation by residents or employees.

c. Open space must be located and designed to provide a transition between areas of different use or use intensity, where applicable.

d. A greenbelt, approximately 100 feet in width, must be established along the entire length of the Bellevue-Redmond Road abutting performance areas A, B, and C. Where small ownerships make this requirement unfeasible, the Technical Committee may approve an alternative buffering mechanism such as a vegetated earthen berm or reduced greenbelt.

e. Natural vegetation within any greenbelt must be maintained to the maximum extent possible and supplemental landscaping may be required. A trail or other element of the nonmotorized circulation plan may be incorporated within this greenbelt subject to approval by the Technical Committee.

f. Open space throughout the district must be coordinated in order to provide maximum usability by residents or employees.

g. Park land must be located and designed in a manner which results in aggregated usable areas.

6. Outdoor Storage.

a. The outdoor storage of materials, products or vehicles is not permitted in the Evergreen Highlands Design District. Outdoor storage of vehicles does not apply to accessory parking areas or vehicles stored pursuant to the Land Use Code on residential lots.

b. Garbage and trash receptacle screening shall be of a material and design compatible with the associated structure and shall be at least as high as the receptacle.

7. Rooftop Screening. The applicant shall provide rooftop equipment screening which is at least as high as the equipment being screened. Screening must be of a material and design compatible with the building, and must surround the equipment.

8. Signs.

a. Signs must be coordinated throughout the project limit.

b. Each sign must be architecturally integrated with the structures with which it is associated. The Director of Planning and Community Development shall review each sign for compatibility of form, color and building materials.

c. Signs may be illuminated indirectly but may not be backlit.

d. Only major development complex identification signs may be oriented to NE 40th Street, 156th Avenue NE or Bellevue-Redmond Road. No more than one identification sign may be located at each entrance to the complex.

e. The provisions of Chapter 22B.10 BCC apply to the Evergreen Highlands Design District, except as they conflict with the provisions of LUC 20.25F.040.C.8.

9. Utilities.

a. All utility distribution lines, other than electrical lines of 116 kV or greater, must be placed underground.

b. The provisions of LUC 20.20.650 apply to the Evergreen Highlands Design District except as they conflict with the provisions of LUC 20.25F.040.C.9.

10. Planned Unit Development. The provisions of Part 20.30D LUC do not apply in the Evergreen Highlands Design District.

11. Transition Area. The provisions of Part 20.25B LUC do not apply in the Evergreen Highlands Design District. (Ord. 5480, 10-20-03, §§ 19, 20; Ord. 5232, 7-17-00, § 6; Ord. 3747, 1-20-87, § 14; Ord. 3530, 8-12-85, § 70 – 72; Ord. 3498, 5-27-85, § 73; Ord. 3219, 1-17-83, § 7)

20.25F.050 Pollution and hazardous waste control standards.

A. Prior to issuance of a Building Permit, if specific uses or classes of uses can be identified, or any time thereafter when specific uses or classes of uses are identified, the applicant must provide documentation that Metro, the Department of Ecology, the Puget Sound Air Pollution Control Authority and the Environmental Protection Agency have been contacted, and that all applicable standards will be met prior to the occupancy of the structure. To the maximum extent possible, this contact must occur early in the development process so that necessary measures may be implemented during the construction phase.

B. No outside storage of toxic or hazardous waste or materials as defined by Metro, the Department of Ecology, or the Environmental Protection Agency is permitted. Interior storage must comply with all applicable federal and state regulations.

C. No discharge or emission of toxic or hazardous waste or material into the air, storm drainage system or other water is permitted without prior approval of each applicable implementing agency.

D. The provisions of the Noise Control Code (Chapter 9.18 BCC) apply to the Evergreen Highlands Design District except as they conflict with the provisions of this section. (Ord. 5232, 7-17-00 § 7; Ord. 3219, 1-17-83, § 7)

20.25F.060 Interjurisdictional review and cooperation.

A. Transfer of FAR, Pervious Surface and Parking.

Floor area pervious surface and parking may be transferred within a performance area across jurisdictional boundaries as part of the Master Development Plan or Development Design Review Process so long as all requirements and limitations of the use and the performance area are met.

B. Code Amendments and Interpretations.

1. Each proposed amendment to or interpretation of the Evergreen Highlands Design District Land Use Code regulations shall be submitted to the City of Redmond for review and comment prior to a decision. Comments received from the City of Redmond shall be accommodated to the maximum extent possible.

2. Notwithstanding any other provision of the Land Use Code, the City of Redmond may appeal a decision on a Code amendment or interpretation. (Ord. 3219, 1-17-83, § 7)