Part 20.25L Office and Limited Business-Open Space (OLB-OS) District

20.25L.010 Properties eligible for OLB-OS designation. Share

In addition to the decision criteria applicable to requests for a rezone set forth in LUC 20.30A.140, a rezone of property to the OLB-OS land use designation shall only be approved if the subject property fulfills the following criteria:

A.    Property Characteristics.

1.    The property consists of at least 25 contiguous acres;

2.    Forty percent of the gross land area, including any critical area, of the subject property must be retained or developed as open space as defined by LUC 20.50.038 for public use and public access. The area reserved as open space shall consist of contiguous acres.

3.    The owner or owners of the subject property agree to comply with all the provisions of this Part 20.25L LUC, including the requirement to reserve the required amount of open space for public use and public access.

The portion of any property designated OLB-OS that is reserved as open space shall be referred to as the Reserved Area and that portion of the property that is not reserved as open space shall be referred to as the Development Area.

For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street were removed.

B.    Required Open Space Reservation.

1.    Evidence of Reservation. Approval of a rezone to OLB-OS shall be conditioned on the property owner recording a deed restriction limiting the use of the Reserved Area to open space uses as described in paragraph B.2 of this section. The deed restriction shall be recorded by the owner of the Reserved Area in a form acceptable to the City, and notice placed on the title to the Reserved Area. The deed shall also evidence a right of public access across the Development Area in a form acceptable to the City if necessary for public access to the Reserved Area.

2.    Uses in Reserved Area. The Reserved Area shall be maintained at least consistent with the definition of open space in LUC 20.50.038. The property owner may, at its election, develop the Reserved Area as a public, private or City park, consistent with LUC 20.25L.020 and the regulations of the LUC.

C.    Concomitant Agreement.

For purposes of mitigating the impacts of a rezone to OLB-OS on adjacent properties, the City is specifically authorized to require that the applicant enter into a concomitant agreement with the City as a condition of the rezone to OLB-OS, and may through that agreement identify the location and size of the Reserved Area, the internal and external setbacks as modified pursuant to LUC 20.25L.030, and the total amount of square footage of development allowed in the Development Area. The concomitant agreement provisions authorized in this subsection C are in addition to any other provisions authorized pursuant to LUC 20.30A.155. (Ord. 5683, 6-26-06, § 24; Ord. 5403, 8-5-02, § 11)

20.25L.020 Permitted land uses. Share

The following chart indicates the permitted land uses within the OLB-OS Land Use District.

Land Use

Process

Hotels and Motels

P

Measuring, Analyzing and Controlling Instruments, Photographic, Medical and Optical Goods; Watches and Clocks Manufacturing; Computer Software

P

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

C

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

C

Accessory Parking (1)

P

Auto Parking Commercial Lots and Garages

C

Park and Ride (2)

C

Radio and Television Broadcasting Studios

P

Highway and Street Right-of-Way

P

Utility Facility

C

Local Utility System

P

Regional Utility System

C

On-Site Hazardous Waste Treatment and Storage Facility (3)

A

Essential Public Facility (17)

C

Wireless Communication Facility (WCF): without WCF Support Structures

5, 18

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

5

Satellite Dishes (7)

P

Gasoline Service Stations (8)

A

Apparel and Accessories (Retail)

S

Eating and Drinking Establishments (9), (10)

P

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

S

Adult Retail Establishments (11)

S

Finance, Insurance, Real Estate Services

P

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

S

Funeral and Crematory Services

C

Cemeteries

C

Child Day Care Center

P

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

P

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

S

Professional Services: Medical Clinics and Other Health Care Related Services

P

Professional Services: Other

P

Hospitals

C

Governmental Services: Executive, Legislative, Administrative and Judicial Functions

C

Governmental Services: Protective Functions and Related Activities Excluding Maintenance Shops

C

Limited Governmental Services: Executive and Administrative, Legislative and Protective Functions

P

Military and Correctional Institutions

C

Education: Primary and Secondary (16)

A

Universities and Colleges

P

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

P

Religious Activities

P

Professional and Labor Organizations Fraternal Lodge

P

Social Service Providers

P

Administrative Office – General

P

Computer Program, Data Processing and Other Computer Related Services

P

Research, Development and Testing Services

P

Library, Museum

P

Art Gallery

P

Nature Exhibitions: Aquariums, Botanical Gardens and Zoos

C

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

P

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

P

Adult Theaters (12)

P

Recreation Activities: Golf Courses, Tennis Courts, Community Clubs, Athletic Fields, Play Fields, Recreation Centers, Swimming Beaches and Pools (13)

C

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

C

Camping Sites and Hunting Clubs

C

Private Leisure and Open Space Areas Excluding Recreations Activities Above

P

Public/Private Park

P

City Park (14)

P/C

Agriculture, Production of Food and Fiber Crops, Dairies, Livestock and Fowl, Excluding Hogs (15)

P

Forestry, Tree Farms and Timber Production

C

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

C

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 to general requirements for the use and the use district.

S:    Permitted only as a subordinate use to a permitted or special use.

(1)    Accessory parking requires approval through the review process required for the primary land use which it serves.

(2)    Park and Ride. 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 existing use shall be regulated as an accessory use under LUC 20.20.200. Any other park and ride requires a Conditional Use Permit.

(3)    On-site hazardous waste treatment and storage facilities as defined by LUC 20.50.024 are only permitted as administrative conditional use approvals as a subordinate use to a permitted or special use. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210.

(4)    Intentionally deleted.

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

(6)    Intentionally deleted.

(7)    Refer to LUC 20.20.730 for general requirements applicable to Large Satellite Dishes.

(8)    Gasoline service stations may include subordinate convenience stores.

(9)    Eating and Drinking Establishments are permitted in the OLB-OS District subject to the following criteria:

(a)    Such uses are physically integrated within a structure primarily used as a hotel or motel; office building; charitable, social, professional and labor organization; fraternal lodge; recreational facility or institution such as a public assembly (indoor).

(b)    Such uses do not exceed 20 percent of the gross floor area of the structure or structures.

(c)    The entire site complex has a unity of design in terms of wall and roof materials, roof slopes and window patterns.

(10)    Microbrewery manufacturing is permitted subordinate to 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.

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

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

(13)    For carnivals, see LUC 20.20.160.

(14)    City parks are generally permitted in all zones. However, the following types of uses or facilities in City parks in single-family or R-10 zones require conditional use approval: lighted sports and play fields, sports and play fields with amplified sound, community recreation centers, motorized boat ramps, and beach parks on Lake Washington, Lake Sammamish, Phantom Lake and Larson Lake. Nonrecreation uses in City parks in all zones outside the Downtown require conditional use approval. For purposes of this requirement, “nonrecreation use” means a commercial, social service or residential use located on park property but not functionally related to City park programs and activities.

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

(16)    Primary and secondary education facilities are subject to the regulations for schools in LUC 20.20.740.

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

(18)    Antenna and associated equipment used to transmit or receive fixed wireless signals when located at a fixed customer location are permitted in all land use districts and are exempt from the requirements of LUC 20.20.195, 20.20.525 and 20.25L.030 so long as the antenna and equipment comply with 47 C.F.R. 1.400, now or as hereafter amended. A building permit may be required to ensure safe installation of the antenna and equipment. (Ord. 5587, 3-7-05, § 9; Ord. 5460, 8-4-03, § 8; Ord. 5457, 7-21-03, § 7; Ord. 5431, 1-21-03, § 6; Ord. 5403, 8-5-02, § 11)

20.25L.030 Dimensional requirements. Share

Except for the dimensional requirements chart at LUC 20.20.010, the provisions of Chapter 20.20 LUC apply to development within the OLB-OS Land Use District. The following chart establishes the dimensional requirements for the OLB-OS Land Use District.

Dimensions (1)

OLB-OS Land Use District

Minimum Setbacks of Structures (feet) (2) (3) (13)

50

Rear Yard (2) (3) (4) (10) (13)

50

Side Yard (2) (3) (4) (10) (13)

30

2 Side Yards (2) (3) (4) (10) (13)

60

Minimum Lot Area (5) (12)

2 acres

Minimum Dimensions (feet) Width of Street Frontage

200

Width Required in Lot (6)

200

Maximum in Building Height (feet) (7)

70

Maximum Lot Coverage by Structures (8) (9) (10)

35

Floor Area Ratio (11)

0.5

Impervious Surface (14) (15) (16)

80

(1)    See LUC 20.25H.045 for density/intensity limitations in the Critical Areas Overlay District.

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

(3)    See Part 20.25H LUC for critical area buffers and critical area structure setbacks.

(4)    Except as provided in Note (13) of this section, if the setback abuts a street right-of-way, access easement or private road, the minimum dimension is 10 feet unless a greater dimension is specified.

(5)    See LUC 20.20.012.

(6)    See LUC 20.20.015.

(7)    Except where the provisions of Part 20.25B LUC apply, the allowable building height of any building located in OLB-OS may be increased by one story, but not to exceed 15 feet, if basement parking for that building occupies a minimum of 75 percent of the building footprint.

(8)    Maximum lot coverage by structures is calculated based on the total area of the entire parcel designated OLB-OS, including both the development area and the reserved area.

(9)    Lot coverage is calculated after subtracting all critical areas and stream 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.

(10)    Any portion of a parking structure that is entirely below the average finished grade shall not be included in calculation of maximum lot coverage by structures, and such portion may intrude into required setbacks.

(11)    Any office building or any office portion of a building shall not exceed a floor area ratio of 0.5, calculated by dividing the total amount of gross square footage of buildings or structures to be constructed in the development area by the net on-site land area (as described in the definition of “Floor Area Ratio” in LUC 20.50.020) of the entire parcel designated OLB-OS, including both the development area and the reserved area. Refer to LUC 20.25H.045 for limitations on development intensity applicable to sites in the Critical Areas Overlay District.

(12)    Only one structure may occupy a site of not less than the minimum lot size (two acres). Two structures may occupy a site of four acres and for each increment of minimum lot size (two acres), an additional structure may be added. Structures on four acres or more may be clustered. All structures shall conform to these requirements.

(13)    The required setbacks on the interior of an OLB-OS parcel, or on the interior of a larger development of which the OLB-OS parcel is a part, may be reduced down to zero feet in order to increase required external setbacks or to preserve significant topographic or vegetative features of the development area. Modifications to required setbacks pursuant to this section may be included in the concomitant agreement authorized by LUC 20.25L.010, or may be imposed as conditions to a permit for development in the development area.

(14)    See LUC 20.20.460 for exceptions and performance standards relating to impervious surface.

(15)    Impervious surface limits for legally established nonconforming nonresidential uses and for new allowed nonresidential uses in these residential land use districts shall be 80 percent.

(16)    Maximum impervious surface and maximum lot coverage by structures are independent limitations on allowed development. All areas of lot coverage by structures are included in the calculation of total maximum impervious surface, unless such structures are excepted under LUC 20.20.460. (Ord. 5683, 6-26-06, § 25; Ord. 5403, 8-5-02, § 11)

20.25L.040 Design standards in OLB-OS Districts. Share

A.    Building Design Standards.

1.    The entire site complex shall have a unity of design by use of similar wall and roof materials, roof slopes and window patterns, in order to reduce adverse visual impacts to those on and along major access routes and to mitigate adverse impacts from major access routes on nearby, less intensive uses.

2.    Rooftop equipment shall be visually screened pursuant to LUC 20.20.525. The design and color of rooftop mechanical screening should be integrated with the building architectural style.

3.    The building should include architectural elements that provide weather protection such as overhangs and recesses at building entrances.

B.    Landscaping Design Standards.

1.    The provisions of LUC 20.20.520, Tree Preservation and Landscape Development, except as they conflict with this section, shall apply to development in the OLB-OS District, except that the minimum depth of landscaping set forth in LUC 20.20.520.F.1 may be reduced to be consistent with any reduction to required minimum yards allowed pursuant to this section. The required landscaping Type in LUC 20.20.520.F.1 may be modified to ensure that required landscaping provides sufficient screening within the reduced minimum yard area.

2.    Service yards and at-grade mechanical equipment shall be sight-screened from adjoining property or streets or highway by a solid planting of evergreen trees and shrubs at least as high as the equipment or use being screened within two years from the time of planting.

3.    Parking areas shall include plantings using trees of three inches caliper or 14 to 16 feet high and 42-inch high shrubs at approximately 35 feet on-center parallel to the aisle, or shall be screened as a service yard using similar materials. Other parking lot landscaping shall meet LUC 20.20.590 requirements for Type V landscaping.

4.    When property abuts the right-of-way for I-90, I-405, or SR 520 highways, or abuts parallel frontage roads of said highways, plant material shall be planted and spaced in a planting area a minimum of 10 feet wide. Deciduous trees shall have a minimum caliper of three inches, evergreen trees shall have a minimum height of 14 to 16 feet tall and shall be at intervals of no greater than 35 feet on center along the right-of-way. No more than 30 percent of the trees shall be deciduous. Trees shall have a minimum mature height of 45 feet. Shrubs shall be a minimum of 42 inches high.

5.    Trees installed as part of general site landscaping shall be a minimum of one and one-half inches in caliper or eight to 12 feet high.

6.    Accessible outdoor gathering areas should be provided for the employees, general public and visitors to the site.

C.    Design Review Required.

All development activity within Development Area of the OLB-OS District must be reviewed by the Director of Planning and Community Development using the Design Review Process, Part 20.30F LUC. (Ord. 5403, 8-5-02, § 11)

20.25L.050 Parking requirements. Share

Reduction of the minimum parking ratio for “Office (1) business services/professional services/general office” established in Section 20.20.590.F.1(j) may be approved by the Director of the Department of Planning and Community Development as part of the approval of the development permit under review, if the following criteria are satisfied:

A.    The applicant submits a Transportation Management Plan (TMP) approved by the City’s Transportation Department that demonstrates that parking demand generated by the business services/professional services/general office uses on the property covered by the TMP is less than the minimum parking ratio established in LUC 20.20.590.F.1. The TMP submitted may include the Development Area and any adjacent property under the same ownership or subject to parking agreements satisfying the criteria of Section 20.20.590.I; and

B.    The overall parking ratio of all property included within the approved TMP is not reduced below 3.5 parking spaces per 1,000 net square feet. (Ord. 5403, 8-5-02, § 11)