Bellevue City Zoning Code
CHAPTER 20
25 Special and Overlay Districts
Part 20.25A Downtown
(Effective October 26, 2017 pursuant to Ordinance 6377)
Link to old Part 20.25A, effective prior to October 26, 2017.
Part 20.25D BelRed
Prior legislation: Ord. 4654.
Part 20.25F1 Factoria 1
* Code reviser’s note: The Factoria TownSquare Design Guidelines are available with this Code.
20.25A.010 General.
A. Applicability of Part 20.25A LUC.
1. General. (indoor)
This Part 20.25A LUC, Downtown (DT), contains requirements, standards, criteria, and guidelines that apply to development and activity within Downtown Land Use Districts as they are described in subsection B of this section. Except to the extent expressly provided in this Part 20.25A LUC and as referenced in subsection A 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 Downtown.
2. Relationship to Other Regulations. Where there is a conflict between the Downtown Part 20.25A LUC, other provisions of the Land Use Code or the Bellevue City Code, and other City ordinances, the Downtown regulations shall govern.
3. Land Use Code Sections Not Applicable in Downtown. The following sections of the Land Use Code, BCC Title 20, now or as hereafter amended, do not apply in Downtown. Unless specifically listed below, all other sections apply.
a. LUC 20.10.400;
b. LUC 20.10.440;
d. LUC 20.20.030;
g. LUC 20.20.128;
j. LUC 20.20.250;
k. LUC 20.20.400;
l. LUC 20.20.540;
m. LUC 20.20.525;
n. LUC 20.20.560;
B. Organization of Part 20.25A LUC. Organization of Part 20.25A LUC is composed of several regulatory layers that inform development in Downtown.
1. General.
a. Purpose. Downtown Bellevue is the symbolic as well as the functional heart of the Eastside. It is to be developed as an aesthetically attractive area of intense use. Toward this end, the City shall encourage the development of cultural, entertainment, residential, and regional uses located in distinct, mixed-use neighborhoods connected by a variety of unique public places and great public infrastructure. Development should enhance people orientation and facilitate pedestrian circulation, and provide for the needs, activities, and interests of people. The City should encourage land uses that emphasize variety, mixed uses, and unity of form within buildings or complexes. Specific Land Use Districts have been established within Downtown to permit variation in use and development standards in order to implement the objectives of the Downtown Subarea Plan.
b. Location. Downtown refers to the area of the City located generally from I-405 on the east to 100th Avenue NE on the west and from NE 12th Street on the north to approximately Main Street on the south, specifically within the boundaries described as follows:
Beginning at the Northwest corner of the Northwest quarter of Section 32, Township 25 North, Range 5 East, W.M., also being the centerline intersection of NE 8th Street and 100th Avenue NE; thence south along the west line of said Northwest quarter and along the centerline of 100th Avenue NE to the Northwest corner of the Southwest quarter of said Section 32 and the intersection of Main Street; thence south along the west line of said Southwest quarter and the centerline of 100th Avenue SE to a point being 200 feet south of, as measured at right angles to, the north line of said Southwest quarter of Section 32; thence easterly parallel with said north line 215 feet; thence southerly parallel with the west line of said Southwest quarter 90 feet to a point on the north line of Lot 82 of Bellevue Acre and Half Acre Tracts; thence easterly along the north line of Lot 82 to the centerline of Meydenbauer Way SE; thence southwesterly along the arc of the centerline of Meydenbauer Way SE and diverging southerly along the centerline of 101st Avenue SE to a point being the intersection of the centerline with the westerly projection of the south line of Lot 50 of Bellevue Acre and Half Acre Tracts as shown on that certain Condominium (THE FORUM) recorded under V.13, P.47-48 and Amended under V.18, P.8; thence easterly along the south line of Lot 50 to the centerline of 102nd Avenue SE; thence continuing easterly along the south lines of Lots 49 and 14 of Bellevue Acre and Half Acre Tracts to the centerline of 104th Avenue SE; thence northerly along said centerline to a point being the intersection of the centerline with the westerly projection of the south line of Lot 14 of Maxwelton Braes; thence easterly along the south line of Lot 14 to the Southeast corner thereof; thence northerly along the east line of Lot 14 to the Southwest corner of Lot 57 of Maxwelton Braes; thence easterly along the south line of Lot 57 to the centerline of 105th Avenue SE; thence continuing easterly along the south lines of Lots 58 and 101 of Maxwelton Braes to the centerline of 106th Avenue SE, and also being 15 feet westerly of the west line of Lot 2 of Trinwith Addition; thence continuing easterly along the prolongation of the south lines of Lots 58 and 101 of Maxwelton Braes to the centerline of 107th Avenue SE; thence northerly along said centerline to a point being the intersection of the centerline with the westerly projection of the south line of Lot 15 of Trinwith Addition; thence easterly along the south line of Lot 15 to the Southeast thereof; thence southerly to the south line of the North 227.07 feet of the Southwest quarter of said Section 32; thence easterly along said south line to the west line of the East 230 feet of said Southwest quarter; thence northerly along said west line to the south line of the North 176.42 feet of said Southwest quarter; thence easterly along said south line to the east line of the Southwest quarter of said Section 32 also being the centerline of 108th Avenue SE; thence northerly along said centerline to the intersection of 108th Avenue SE and Main Street; thence easterly along the centerline of Main Street to its intersection with the westerly right of way margin of SR 405 as shown on WSDOT Right of Way plan set titled SR 405 S.E. 30TH ST. VIC. TO N.E. 40TH ST. VIC., Sheets 17 through 24, approved and adopted February 11, 2005; thence northerly along said westerly margin to its intersection with the easterly right of way margin of 112th Avenue NE; thence northerly along said easterly right of way margin to its intersection with the westerly right of way margin of SR 405; thence northerly along said westerly margin to its intersection with the centerline intersection of NE 12th Street; thence westerly along the centerline of NE 12th Street to its projected intersection with the west line of the Southwest quarter of Section 29 Township 25 North, Range 5 East, W.M., also being the centerline intersection of 100th Avenue NE; thence south along the west line of said Southwest quarter and along the centerline of 100th Avenue NE to the Point of Beginning, and there ending, all in King County, Washington.
2. Land Use Districts. Each parcel of land in Downtown is classified to determine uses, dimensional requirements (including Floor Area Ratio), and requirements for participation in the Amenity Incentive System. Specific sections of the Downtown code, Part 20.25A LUC, apply to the following Land Use Districts. See Figure 20.25A.060.A.2 for a map of the Downtown Land Use Districts.
a. Downtown-Office 1 (DT-O-1). The purpose of the Downtown-O-1 District is to provide an area for the most intensive business, financial, specialized retail, hotel, entertainment, and urban residential uses. This district is limited in extent in order to provide the level of intensity needed to encourage and facilitate a significant level of transit service. Day and nighttime uses that attract pedestrians are encouraged. All transportation travel modes are encouraged to create links between activities and uses.
b. Downtown-Office 2 (DT-O-2). The purpose of the Downtown-O-2 District is to provide an area for intensive business, financial, retail, hotel, entertainment, institutional, and urban residential uses and to serve as a transition between the more intensive Downtown-O-1 District and the less intensive Downtown-Mixed Use District. The Downtown-O-2 District includes different maximum building heights for areas north of NE 8th Street, east of 110th Avenue NE, and south of NE 4th Street based on proximity to the Downtown Core and access to the regional freeway system and transit, creating the Downtown O-2 Districts North, East, and South (DT-O-2 North, DT-O-2 East, and DT-O-2 South).
c. Downtown-Mixed Use (DT-MU). The purpose of the Downtown-MU District is to provide an area for a wide range of retail, office, residential, and support uses. Multiple uses are encouraged on individual sites, and in individual buildings, as well as broadly in the district as a whole. The Downtown-MU District allows for taller buildings and additional density in the Civic Center portion of the district east of 111th Avenue NE between NE 4th and NE 8th Street based on its proximity to the Downtown Core and convenient access to the regional freeway system and transit. This area is called the Downtown-Mixed Use District – Civic Center (DT-MU Civic Center) while the rest of the district is called the Downtown-Mixed Use District (DT-MU).
d. Downtown-Residential (DT-R). The purpose of the Downtown-R District is to provide an area for predominantly urban residential uses. Limited office and retail uses are permitted as secondary to residential use, in order to provide the amenity of shopping and services within an easy walking distance of residential structures.
e. Downtown-Old Bellevue (DT-OB). The purpose of the Downtown-OB District is to reinforce the character of the Old Bellevue area and assure compatibility of new development with the scale and intensity of the area. The social and historic qualities of this area are to be preserved.
f. Downtown-Office and Limited Business (DT-OLB). The purpose of the Downtown-OLB District is to provide an area for integrated complexes made up of office, residential, and hotel uses, with eating establishments and retail sales secondary to these primary uses. The district abuts and has access to both I-405 and light rail transit service. The Downtown-OLB District differentiates maximum building heights and allowed density for areas north of NE 8th Street, between NE 4th and NE 8th Street, and south of NE 4th Street based on proximity to the Downtown Core and convenient access to the regional freeway system and transit. This creates three districts: Downtown-OLB North, Downtown-OLB Central, and Downtown-OLB South (DT-OLB North, DT-OLB Central, and DT-OLB South).
3. Perimeter Overlays may impose dimensional requirements that differ from the underlying Land Use District regulations to provide an area for lower intensity development that provides a buffer between less intense uses outside Downtown and more intensively developed properties in Downtown. Specific sections of the Downtown code, Part 20.25A LUC, apply to the following Perimeter Overlays. See Figure 20.25A.060.A.3 for a map of the Downtown Perimeter Overlays.
a. Perimeter Overlay A.
A-1
A-2
A-3
b. Perimeter Overlay B.
B-1
B-2
B-3
4. Neighborhoods are a key organizing principle to implement the Great Place Strategy of the Downtown Subarea Plan. Neighborhoods create a series of distinct, mixed-use areas within Downtown that reinforce their locational assets and unique identities. More information can be found in the Downtown Subarea Plan of the Comprehensive Plan.
a. Northwest Village;
b. City Center North;
c. Ashwood;
d. Eastside Center (including Bellevue Square, City Center, and Convention Civic);
e. Old Bellevue;
f. City Center South;
g. East Main.
5. Right-of-Way Designations. The right-of-way designations provide design standards for Downtown streets that are organized by streetscape type. These designations are a representation of the Downtown vision for the future, rather than what currently exists. The designations create a hierarchy of rights-of-way reflecting the intensity of pedestrian activity. The “A” rights-of-way have the highest amount of pedestrian activity, while the “D” rights-of-way have a smaller amount of pedestrian activity. These standards are intended to provide activity, enclosure, and protection on the sidewalk for the pedestrian. See Figure 20.25A.170.B for a map of the right-of-way designations.
a. “A” Rights-of-Way – Grand Connection/High Streets.
b. “B” Rights-of-Way – Commercial Streets.
c. “C” Rights-of-Way – Mixed Streets.
d. “D” Rights-of-Way – Neighborhood Streets.
e. “E” Rights-of-Way – Perimeter Streets.
6. Grand Connection. An alignment that is generally for exclusive pedestrian use providing a reasonably direct but interesting pedestrian route beginning at the intersection of NE 6th Street and 110th Avenue NE, extending to the intersection of NE 6th Street and Bellevue Way NE, and terminating at the intersection of 100th Avenue NE and Main Street. (Ord. 6839, 3-4-25, § 5; Ord. 6643, 1-24-22, § 4; Ord. 6580, 6-21-21, § 1; Ord. 6425, 10-1-18, § 11; Ord. 6377, 10-16-17, § 2)
20.25A.020 Definitions.
A. Definitions Specific to Downtown.
DT – Active Uses : Those uses listed in LUC 20.25A.050 under “Cultural, Entertainment and Recreation,” “Wholesale and Retail” (with the exception of recycling centers and gas stations), and “Services” (limited to finance, insurance, real estate services; barber and beauty shops; photography studios; shoe repair; and travel agencies). Those uses listed in LUC 20.25A.050 under “Residential” (including entrance lobbies and private indoor amenity space), “Services” (except those uses listed above), “Transportation and Utilities,” and “Resources” are not considered Active Uses, but may be determined to meet the definition for an Active Use through an Administrative Departure pursuant to LUC 20.25A.030.D.1 and 20.25A.070.C.1.c. An Active Use shall meet the design criteria in the FAR Exemption for Ground-Level and Second-Level Active Uses in LUC 20.25A.070.C.1 and the design standards for the applicable right-of-way designation in LUC 20.25A.170.B.
DT – Alleys with Addresses: Pedestrian-oriented ways off the main vehicular street grid that provide an intimate pedestrian experience through a combination of residential, small retail, restaurant, and other commercial entries with meaningful transparency along the frontage building walls. This area does not have a “back of house” feel.
DT – Build-To Line: A location along a designated block or right-of-way where a building shall be constructed. The build-to line is the back of the required sidewalk unless, upon the request of the applicant, it is designated otherwise by the Director through an Administrative Departure pursuant to LUC 20.25A.030.D.1 to accommodate plaza space, building modulation or other ground-level open space that retains the intended connection between the publicly accessible pedestrian realm and ground-level internal portions of the building.
DT – Building Height : The vertical distance measured from average of finished ground level adjoining the building at exterior walls to the highest point of a flat roof, or to the mean height between the tallest eave and tallest ridge of a pitched roof. Where finished ground level slopes away from the exterior walls, reference planes shall be established by the lowest points within the area between the building and the lot line, or back of sidewalk where back of sidewalk is the setback line. If the lot line or back of sidewalk is more than six feet from the building, the reference line shall be established by using the lowest points between the building and a point six feet from the building.
DT – Downtown Core: Describes the area bounded by the extension of the centerlines of 102nd Avenue NE on the west, NE 9th Street on the north, 112th Avenue NE on the east and NE 3rd Street on the south plus any area within the DT-O-2 District not described above.
DT – Floor Area Ratio (FAR): A measure of development intensity equal to the gross floor area, excluding parking and mechanical floors or areas, divided by the net on-site land area in square feet. Net on-site area land includes the area of an easement and public right-of-way as provided in LUC 20.25A.070.C.
DT – Floor Plate: Floor area in square feet within the surrounding exterior walls, measured from the interior wall surface and including all openings in the floor plate.
DT – Grand Connection: An alignment which is generally for exclusive pedestrian use providing a reasonably direct but interesting pedestrian route beginning at the intersection of NE 6th Street and 110th Avenue NE, extending to the intersection of NE 6th Street and Bellevue Way NE, and terminating at the intersection of 100th Avenue NE and Main Street, as depicted in Figure 20.25A.175.A.1.
DT – Grand Connection Room , or “Room”: A section of the Grand Connection that serves as a character zone to foster a unique and interesting pedestrian experience.
DT – Interior Property Line: A property line other than the build-to line. Where the project limit encompasses more than one lot, interior property line refers to the perimeter boundaries of the project limit other than the build-to line.
DT – Open Space: Landscaped areas, walkways, gardens, courtyards, and lawns; excluding areas devoted to buildings, traffic circulation roads, or parking areas. Outdoor plazas, Major Pedestrian Open Spaces, and Minor Publicly Accessible Spaces are a kind of open space.
DT – Pedestrian Bridge: A pedestrian connection above the public right-of-way within Downtown in conformance with LUC 20.25A.100.
DT – Pedestrian Scale: The quality of the physical environment that reflects a proportional relationship to human dimensions and that contributes to a person’s comprehension of buildings or other features in the built environment.
DT – Points of Interest: Elements of a building’s façade at the street level or in the streetscape that contribute to the active enrichment of the pedestrian realm and design character of a building. Some examples include permanent public artwork, architectural elements, landscape features, special walkway treatments, such as pavement mosaic and inlaid art, and seating areas.
DT – Project Limit: A lot, portion of a lot, combination of lots, or portions of combined lots treated as a single development parcel for purposes of the Land Use Code.
DT – Public Realm: Streets, parks, other open spaces, and the publicly accessible parts of private buildings.
DT – Setback: A space unoccupied by structures except where intrusions are specifically permitted by Part 20.25A LUC. Front setbacks are measured from the back of the required sidewalk to face of the building. All other setbacks are measured from the property line.
DT – Site: Refers to the total land area (measured in square feet or acres), within the project limit.
DT – Small Site: A lot in existence prior to October 24, 2017, that is less than or equal to 40,000 square feet in area and corresponds to the project limit within which the small site is located. This definition does not apply to lots less than 40,000 square feet in area that are aggregated into a project limit that is greater than 40,000 square feet.
DT – Stepback: A building stepback of a specified distance, measured from the façade below that occurs at a defined height above the average finished grade. No portion of the building envelope can intrude into the required stepback above the defined height, except where intrusions are specifically permitted by this Code.
DT – Street Wall: A street wall is a building wall that generally abuts the sidewalk although there may be occasional setbacks and recesses for the purpose of plazas and open space. The street wall helps define and enclose the street corridor, creating a sense of activity, intensity, and spatial containment. Street walls can incorporate arcades at the sidewalk level with habitable space above.
DT – Superblock: In the area bounded by Main Street, 100th Avenue NE, NE 12th Street, and 112th Avenue NE, superblocks are those areas bounded by the intersections of the centerlines of even-numbered avenues, or their extensions, with the centerlines of even-numbered streets, or their extensions.
DT – Tower: Any building with a minimum height of 100 feet or greater.
DT – Tower Separation: The horizontal space between the closest exterior points of two or more towers located within a single project limit.
DT – Tower Setback: A building setback of a specified distance, measured from the interior property line that occurs at a defined height above average finished grade, when the building exceeds a specified height. No portion of the building envelope can intrude into the required setback above the defined height, except where specifically permitted by code or Administrative Departure.
DT – Transparency: Ability to see through a window or door at the pedestrian eye level. The pedestrian eye level is 30 inches to eight feet up from the sidewalk, following the adjacent sidewalk slope.
DT – Trigger for Additional Height: A threshold height above which a proposed building must include reduced floor plates and a percentage of open space at the ground level. See LUC 20.25A.075.
DT – Weather Protection: A continuously covered area projecting from a building that functions as weather protection or a canopy projecting from the elevation of the building that is designed to provide pedestrians protection from the elements. Weather protection includes, but is not limited to, marquees and awnings that are made of durable materials.
B. General Definitions Not Applicable to Downtown. The general definitions contained in Chapter 20.50 LUC apply unless specifically listed below as inapplicable to Downtown.
Active Recreation Area. LUC 20.50.010.
Alley. LUC 20.50.010.
Building Height. LUC 20.50.012.
Floor Area Ratio (FAR). LUC 20.50.020.
Open Space. LUC 20.50.038.
Project Limit. LUC 20.50.040.
Setback. LUC 20.50.046.
Setback, Front. LUC 20.50.046.
Setback, Rear. LUC 20.50.046.
Setback, Side. LUC 20.50.046.
Sidewalk. LUC 20.50.046.
Site. LUC 20.50.046.
Stepback. LUC 20.50.046. (Ord. 6851, 6-24-25, § 40; Ord. 6839, 3-4-25, § 6; Ord. 6796, 7-9-24, §§ 2, 3; Ord. 6580, 6-21-21, §§ 2, 3; Ord. 6425, 10-1-18, §§ 12, 13, 14; Ord. 6377, 10-16-17, § 2)
20.25A.030 Review required.
A. Applicable Review.
1. Review Is Required. All development in Downtown shall be reviewed by the Director consistent with the terms of this Part 20.25A LUC through the administration of Part 20.30V LUC (Master Development Plan), and Part 20.30F LUC (Design Review) using the applicable procedures of Chapter 20.35 LUC. A Master Development Plan is required where there is more than one building or where the development of a project is proposed to be phased. Design Review is required for all Downtown projects. A Development Agreement is required for departures from Part 20.25A LUC that are not permitted to be granted through an administrative process, and shall be consistent with Chapter 36.70B RCW.
2. Effect of Approval. Approval of the Design Review, and the Master Development Plan and any Development Agreement where required, shall constitute the regulations governing development and operation of an approved development for the life of the project. Such approval shall be contingent upon compliance with the conditions specified in the approval, conformance with all applicable development standards, the payment of all fees, and the submittal of assurance devices as may be required. The approval shall expire as provided pursuant to LUC 20.40.500, unless otherwise provided for in this Part 20.25A LUC.
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 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 placement within the project limit and demonstrate compliance with the following development requirements, standards, and guidelines:
a. Dimensional requirements pursuant to LUC 20.25A.060 as listed below:
i. Setbacks;
ii. Lot coverage;
iii. Building height for each building identified in subsection B.1 of this section;
iv. Floor area ratio for each building; and
v. Outdoor plaza space required to achieve maximum building heights above the trigger for additional height identified in LUC 20.25A.075.A, or the variable heights allowed by LUC 20.25A.060.A Note 12.
b. Areas identified to accommodate required parking with entrance and exit points and required loading shown in relationship to the right-of-way as required pursuant to LUC 20.25A.090.
c. Areas identified to accommodate street and pedestrian circulation pursuant to LUC 20.25A.090, including the anticipated location of any Grand Connection construction pursuant to LUC 20.25A.175, and pedestrian bridges pursuant to LUC 20.25A.100.
d. Areas identified to accommodate Major Public Open Spaces pursuant to LUC 20.25A.175 and Minor Publicly Accessible Spaces pursuant to LUC 20.25A.090.
e. Areas identified to accommodate landscape development pursuant to LUC 20.25A.110.
2. When Required. 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. 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.
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 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 20.25A.070.C.2 may be included in the land area located within the project limit for the purpose of computing maximum FAR.
C. Design Review.
1. When Required. A Design Review is required for all Downtown projects. An applicant shall submit a Design Review application for approval by the Director pursuant to Part 20.30F LUC.
D. Departures.
1. Administrative Departures by the Director. Due to the varied nature of architectural design and the unlimited opportunities available to enhance the relationship that occurs between the built environment and the pedestrians, residents and commercial tenants that use built spaces, strict application of the Land Use Code may not always result in the Downtown livability outcomes envisioned by the Comprehensive Plan. The purpose of this subsection is to provide an Administrative Departure process to modify provisions of the Land Use Code when the strict application would result in a Downtown development that does not fully achieve the policy vision as it is articulated in the general sections of the Comprehensive Plan and the Downtown Subarea Plan.
a. Applicability. The Director may, through the Master Development Plan or Design Review processes, approve a proposal that departs from specific numeric standards contained in LUC 20.25A.090, 20.25A.110 and 20.25A.140 through 20.25A.180, or that departs from Land Use Code requirements that specifically provide an opportunity for the Director to approve a departure subject to the provisions of this subsection. For example, specific Administrative Departures are allowed from the dimensional requirements pursuant to the terms of LUC 20.25A.060.B that describe a range of exceptions and intrusions that can be approved as part of a permit review process.
b. Decision Criteria. The Director may approve or approve with conditions an Administrative Departure from applicable provisions of the Land Use Code if the applicant demonstrates that the following criteria have been met:
i. The resulting design will advance a Comprehensive Plan goal or policy objective that is not adequately accommodated by a strict application of the Land Use Code; and
ii. The resulting design will be more consistent with the purpose and intent of the Land Use Code; and
iii. The modification is the minimum reasonably necessary to achieve the Comprehensive Plan objective or Land Use Code intent; and
iv. Any Administrative Departure criteria required by the specific terms of the Land Use Code have been met; or
v. The modification is reasonably necessary to implement or ensure consistency with a departure allowed through a Development Agreement approved pursuant to subsection D.2 of this section.
c. Limitation on Authority. Administrative Departures may only be approved consistent with the limitations contained in the Land Use Code section that authorizes the departure, or through a variance granted under the terms of Part 20.30G LUC. This subsection does not limit the ability of an applicant to pursue legislative departures that are authorized through a Development Agreement pursuant to the terms of subsection D.2 of this section and consistent with Chapter 36.70B RCW.
2. City Council Departures. There are many opportunities for creativity and innovation in the design of Downtown projects that advance the vision and policy goals articulated in the Comprehensive Plan. The accommodation of iconic opportunities can be constrained by the Code, the amenity list and associated Amenity Design Criteria that were drafted to foster development of a livable Downtown while ensuring timely, predictable, and consistent administration of regulations that are drafted to be applicable to a widely variable range of projects. The purpose of this subsection is to provide a departure process to create a Flexible Amenity as envisioned in LUC 20.25A.070.D.4 Amenity 18, and to approve final construction design for privately developed spaces that function as part of the public realm.
a. Applicability. The City Council may, through the adoption of a Development Agreement consistent with Chapter 36.70B RCW:
i. Award FAR Amenity Incentive points for a Flexible Amenity subject to the terms of LUC 20.25A.070.D.4 Amenity 18; and/or
ii. Approve the final construction design for Pedestrian Bridges as identified in LUC 20.25A.100.
b. Decision Criteria. The City Council may approve or approve with conditions a Legislative Departure from the strict application of the Land Use Code consistent with Chapter 36.70B RCW.
c. Limitations on Modification.
i. Development Agreements are an exception, and not the rule and shall not be used to vary provisions of the Land Use Code which, by the terms of that Code, are not identified as appropriate for modification through a Development Agreement.
ii. Development Agreements shall not be used to depart from the FAR bonus values adopted for the amenities specifically identified in LUC 20.25A.070.D.
iii. Development Agreements shall not be used for proposals that are capable of being approved through administration of the Master Development Plan or Design Review processes using the flexibility tools such as Administrative Departures and variances that currently exist in the Code.
iv. Development Agreements shall not be used to vary the procedural provisions contained in Chapter 20.30 or 20.35 LUC.
E. Procedural Merger. Within a Downtown Land Use District, any administrative decision required by this Part 20.25A LUC 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; and
4. Variance, Part 20.30G LUC. (Ord. 6839, 3-4-25, § 7; Ord. 6580, 6-21-21, §§ 4, 5, 6; Ord. 6377, 10-16-17, § 2)
20.25A.040 Nonconforming uses, structures and sites.
A. Nonconforming Uses.
1. A nonconforming use may be continued by successive owners or tenants, except where the use has been abandoned. No change to a different use classification shall be made unless that change conforms to the regulations of this Land Use Code.
2. If a nonconforming use of a structure or land is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the regulations of the Land Use District in which it is located. Discontinuance of a nonconforming use for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
3. A nonconforming use may be expanded pursuant to an Administrative Conditional Use Permit.
B. Nonconforming Structures.
1. A nonconforming structure may be repaired or remodeled, provided there is no expansion of the building; and provided further, that the remodel or repair shall not increase the existing nonconforming condition of the structure.
2. A nonconforming structure may be expanded; provided, that the expansion conforms to the provisions of the Land Use Code, except that the standards of LUC 20.25A.140 through 20.25A.180 shall be applied as described in subsections B.3 and B.4 of this section.
3. For expansions made within any three-year period, which together do not exceed 50 percent of the floor area of the previously existing structure, the following shall apply:
a. Where the property abuts a street classified as a “D” or “E” right-of-way, the expansion is not required to comply with the standards in LUC 20.25A.140 through 20.25A.180.
b. Where the property abuts a street classified as an “A,” “B” or “C” right-of-way, the expansion shall be in the direction of the classified street so as to reduce the nonconformity of the structure, except that an expansion, which is no greater than 300 square feet in floor area and which is for the purpose of loading or storage, is exempted from this requirement.
4. For expansions made within any three-year period, which together exceed 50 percent of the floor area of the previously existing structure, the structure shall be brought into conformance with the standards in LUC 20.25A.140 through 20.25A.180.
5. If a nonconforming structure is destroyed by fire, explosion, or other unforeseen circumstances to the extent of 100 percent or less of its replacement value, it may be reconstructed consistent with its previous nonconformity; provided, that the reconstruction may not result in an expansion of the building, nor an increase in the preexisting nonconforming condition of the structure.
C. Nonconforming Sites.
1. A nonconforming site may not be changed unless the change conforms to the requirements of this Code, except that parking lots may be reconfigured within the existing paved surface. This subsection shall not be construed to allow any parking lot reconfiguration that would result in a parking supply that does not conform to the minimum/maximum parking requirements for the Downtown, LUC 20.25A.080.
2. A structure located on a nonconforming site may be repaired or remodeled, provided there is no expansion of the building; and provided further, that the remodel or repair shall not increase the existing nonconforming condition of the site.
3. For expansions of a structure on a nonconforming site made within any three-year period, which together exceed 20 percent of the replacement value of the previously existing structure:
a. Easements for public sidewalks shall be provided, unless the Director of the Department of Transportation determines such easements are not needed; and
b. A six-foot-wide walkway shall be provided from the public sidewalk or street right-of-way to the main building entrance, unless the Director determines the walkway is not needed to provide safe pedestrian access to the building. The Director may allow modification to the width of walkways so long as safe pedestrian access to the building is still achieved.
4. Expansions of a structure located on a nonconforming site, made within any three-year period, which together do not exceed 50 percent of the previously existing floor area, do not require any increase in conformance with the site development provisions of this Code, except as otherwise provided in subsection B.3 of this section.
5. Expansion of a structure located on a nonconforming site made within any three-year period, which together exceeds 50 percent of the floor area of the previously existing structure, shall require compliance with the site development provisions of this Code. (Ord. 6839, 3-4-25, § 8; Ord. 6377, 10-16-17, § 2)
20.25A.050 Downtown Land Use Charts.
A. Permitted Uses. Specific categories of uses are listed in Chart 20.25A.050.D. Subsection C of this section explains Chart 20.25A.050.D and describes the applicable review procedures. The use chart description and interpretation provisions of LUC 20.10.400 do not apply in Downtown.
B. Prohibited Uses. The manufacturing use table has been removed from Downtown because there are no manufacturing uses that are generally permitted in any Downtown Land Use District unless they have been specifically added to another chart such as wholesale and retail.
C. Use Chart Description and Interpretation.
1. Description. In Chart 20.25A.050.D, land use classifications and standard Land Use Code reference numbers are listed on the vertical axis. Downtown Land Use Districts are shown on the horizontal axis.
a. If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that Land Use District, except for short-term uses, which are regulated under Part 20.30M LUC (Temporary Use Permit), and subordinate uses which are regulated under LUC 20.20.840.
b. 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 Land Use District-specific requirements of this Part 20.25A LUC.
c. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the Conditional Use provisions specified in Part 20.30B in addition to any applicable general requirements for the use and the Land Use District.
d. If the symbol “A” appears in the box at the intersection of the column and the row, the use is permitted subject to the Administrative Conditional Use provisions as specified in Part 20.30E LUC in addition to any applicable general requirements for the use and the Land Use District.
e. 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.
2. Interpretation of the Land Use Code Charts by the Director. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the Director shall have the authority to make the final determination per LUC 20.10.420.
D. Use Charts. The following charts apply to Downtown. The use charts contained in LUC 20.10.440 do not apply within the Downtown Land Use Districts.
Chart 20.25A.050.D Uses in Downtown Land Use Districts
Culture, Entertainment, and Recreation – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
711 | Library, Museum | P | P | P | A | A | P |
7113 | Art Gallery | P | P | P | P (3) | P | P |
712 | Nature Exhibitions: Aquariums and Botanical Gardens | P | P | P | |||
7214 7222 7231 7232 | Public Assembly (Indoor): Sports, Arenas, Auditoriums and Exhibition Halls but Excluding School Facilities | P | P | P | A (3) | A | P |
7212 7214 7218 | Motion Picture, Theaters, Night Clubs, Dance Halls and Teen Clubs | P | P | P | A (3) | A | P |
7213 | Drive-In Theaters | ||||||
P | P | P | P | ||||
7223 73 | Public Assembly (Outdoor): Fairgrounds and Amusement Parks, Miniature Golf, Golf Driving Ranges, Go-Cart Tracks, BMX Tracks and Skateboard Tracks (1) | ||||||
73 | Commercial Amusements: Video Arcades, Electronic Games | P | P | P | P | P | |
7411 7413 7422 7423 7424 7441 7449 | Recreation Activities: Miniature Golf, Tennis Courts, Community Clubs, Athletic Fields, Play Fields, Recreation Centers, Swimming Pools (2) | P | P | P | P (5) | P | P |
744 | Marinas, Yacht Clubs | ||||||
7413 7414 7415 7417 7425 | Recreation Activities: Skating, Bowling, Gymnasiums, Athletic Clubs, Health Clubs, Recreational Instruction | P | P | P | P | P | |
7491 7515 | |||||||
76 | Private Leisure and Open Space Areas Excluding Recreation Activities Above | P | P | P | P (5) | P | P |
Public/Private Park | P | P | P | P (5) | P | P | |
Stables and Riding Academies | |||||||
P | P | P | P | P | P |
Notes: Uses in Downtown Land Use Districts – Culture, Entertainment, and Recreation:
(1)For carnivals, see LUC 20.20.160.
(2)Limited to a maximum of 2,000 gross square feet per establishment.
(3)Nonresidential uses are permitted in the DT-R District only when developed in a building that contains residential uses.
(4)Adult theaters are subject to the regulations for adult entertainment uses in LUC 20.20.127.
(5)Outdoor recreation facilities that include lighted sports and playfields or sports and play fields with amplified sound require administrative conditional use approval when located in the DT-R District.
(6)Boarding, commercial kennels, pet grooming, and pet daycare are allowed as subordinate uses to a veterinary clinic or animal hospital meeting the criteria of LUC 20.20.130.
Residential – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
Two or More Dwelling Units per Structure (4), (5) | P | P | P | P | P | P | |
12 | Group Quarters: Dormitories, Fraternal Houses, Excluding Military and Correctional Institutions and Excluding Secure Community Transition Facilities | P | P | P | P | P | P |
13 | P | P | P | P | P | P | |
15 | C | C | C | C | C | C | |
P | P (2) | P | P | P | P | ||
6516 | P | P | P | P | |||
P | P | P | P | P | P |
Notes: Uses in Downtown Land Use Districts – Residential:
(1)An agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director, restricting senior citizen dwellings or congregate care senior housing to remain for the life of the project.
(2)Where it is ancillary to Congregate Care Senior Housing, a maximum of 40 percent of the area in a Congregate Care Senior Housing facility may be dedicated to a nursing home use, assisted living use, or a combination of both uses.
(3)Supportive Housing, as defined in LUC 20.20.845.C.2, may be permitted when meeting the requirements in LUC 20.20.845. The Supportive Housing development shall comply with all standards and requirements applicable to residential use in the underlying Land Use District.
(4)Micro-Apartments, as defined in LUC 20.50.034 and where permitted by this section, shall be eligible for the exceptions and alternative standards in LUC 20.20.537.
(5)See LUC 20.20.727 for modified requirements for development applications adding dwelling units within an existing building which meets the requirements of LUC 20.20.727.A.
Services – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
61 | Finance, Insurance, Real Estate Services | P (10) | P (10) | P (10) | P (11) | P (10) | |
62 | Personal Services: Laundry, Dry Cleaning, Barber and Beauty, Photography Studio and Shoe Repair | P | P | P | P | P (4) | |
6241 | Funeral and Crematory Services | ||||||
6262 | Cemeteries | ||||||
Family Child Care Home in Residence (1) | P | P | P | P | P | P | |
629 | P | P | P | P | P | P | |
629 | P | P | P | P | P | P | |
63 | Business Services, Duplicating and Blue Printing, Steno, Advertising (Except Outdoor), Travel Agencies, Employment, and Printing and Publishing | P | P | P | P | P | |
634 | Building Maintenance and Pest Control Services | ||||||
637 | Warehousing and Storage Services, Excluding Stockyards | ||||||
639 | Rental and Leasing Services: Cars, Trucks, Trailers, Furniture and Tools | P | P | P | P | ||
641 | Auto Repair and Washing Services | ||||||
649 | Repair Services: Watch, TV, Electrical, Upholstery | P | P | P | P | ||
Professional Services: Medical Clinics and Other Health Care Related Services (12) | P | P | P | P (4) | P | ||
Professional Services: Other | P | P | P | P (4) | P | ||
Pet Grooming and Pet Day Care (9) | P | P | P | P/A (11) | P | P | |
6513 | C | C | |||||
66 | Contract Construction Services: Building Construction, Plumbing, Paving and Landscape | ||||||
671 | Governmental Services: Executive, Legislative, Administrative and Judicial Functions | P | P | P | P (5) | P (5) | P |
672 673 | Governmental Services: Protective Functions and Related Activities Excluding Maintenance Shops | P | C | C | P | ||
Limited Governmental Services: Executive and Administrative, Legislative and Protective Functions (6) | P | P | P | P (5) | P (5) | P | |
674 675 | Military and Correctional Institutions | ||||||
681 | Education: Primary and Secondary (7) | A | A | A | A/C (7) | A | A |
682 | Universities and Colleges | P | P | P | P | ||
683 | Special Schools: Vocational, Trade, Art, Music, Driving, Barber and Beauty Schools | P | P | P | P (5) | P | |
691 | P | P | P | C | C | P | |
692 (A) | Professional and Labor Organizations Fraternal Lodge | P | P | P | C | C | P |
692 (B) | Social Service Providers | P | P | P | C | C | P |
Administrative Office – General | P | P | P | P | P | ||
Computer Program, Data Processing and Other Computer-Related Services | P | P | P | P | P | ||
Research, Business Incubation, Development and Testing Services | P | P | P | P | P | ||
Marijuana Research (13) | |||||||
C | C | C | C | C | C |
Notes: Uses in Downtown Land Use Districts – Services:
(1)Refer to Chapter 20.50 LUC for definitions of child care service, family child care home, and child day care center.
(2)A child care service may be located in a community facility in any Land Use District pursuant to LUC 20.20.170.E.
(3)Auto repair and washing services are permitted only if washing services are a subordinate use pursuant to LUC 20.20.840. All auto repair shall be performed in a structure.
(4)Limited to a maximum of 2,000 gross square feet per establishment.
(5)Nonresidential uses are permitted in the DT-R District only if developed in a building that contains residential uses.
(6)Uses are limited to 1,000 square feet, except for protective functions that are limited to community police stations of 1,500 square feet or less.
(7)Primary and secondary educational facilities are an administrative conditional use in all Land Use Districts; provided, that in the DT-R District a Conditional Use Permit is required for:
(a)The siting of such educational facility on a site not previously developed with an educational facility; or
(b)The addition to or modification of a site previously developed with an educational facility where that addition or modification involves:
(i)An increase of 20 percent or more in the number of students occupying the school. The increase shall be measured against the number of students for which the school was designed prior to the addition or modification, without regard to temporary structures that may have been added to the site over time. If there is no information establishing the number of students for which the school was originally designed, then the increase shall be measured against the average number of students occupying the school in the three academic years immediately preceding the proposed addition or modification; or
(ii)A change in the age group of students occupying the school, or the addition of an age group where such age group was not previously served at the school, except that the addition of students younger than kindergarten age consistent with the definition of school in LUC 20.50.046 shall not be considered a change in the age group of students or an addition of an age group for purposes of this subsection. For purposes of this subsection, age group refers to elementary, middle, junior or high school, as defined and used by the school district operating the school; or
(iii)The addition of facilities or programs that may result in impacts not anticipated at the time the original school was developed, including, for example development of lighted ballfields or the addition of lighting to existing ballfields; development of an exterior sound amplification system; development of fixed outdoor seating; or a proposal to increase the height of the facility pursuant to LUC 20.20.740.A.3.b.
(8)Battery exchange stations are ancillary to auto repair and washing services and are permitted through the applicable review process as a component of that use. Operators of battery exchange stations shall comply with federal and state law regulating the handling, storage, and disposal of batteries.
(9)Boarding and commercial kennels are permitted as a subordinate use to a pet grooming or pet day care meeting the criteria of LUC 20.20.130.
(10)Drive-in and drive-through facilities are permitted as a subordinate use pursuant to LUC 20.20.840 only if located within a structured parking area and not adjacent to any publicly accessible space. Parking shall comply with LUC 20.25A.080.A.
(11)When the use occupies less than or equal to 2,000 square feet, the use is permitted outright. When the use occupies more than 2,000 square feet, an Administrative Conditional Use Permit is required.
(12)Standalone emergency rooms shall only be allowed when affiliated with a hospital.
(13)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.
(14)A homeless services use requires approval of a Conditional Use Permit unless the City Council agrees to negotiate a development agreement. Refer to LUC 20.20.455.D.
Transportation and Utilities – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
41 | Rail Transportation: Right-of-Way, Yards, Terminals, Maintenance Shops | ||||||
42 4291 | Motor Vehicle Transportation: Bus Terminals, Taxi Headquarters | A | A | A | A | ||
4214 422 | Motor Vehicle Transportation: Maintenance Garages and Motor Freight Services | ||||||
43 | Aircraft Transportation: Airports, Fields, Terminals, Heliports, Storage and Maintenance | A (3) | A (3) | A (4) | A (3) | ||
P | P | P | P (14) | P | P | ||
46 | P (5) | P (5) | P (5) | A | P (5) | P (5) | |
Park and Ride | |||||||
475 | Radio and Television Broadcasting Studios | P | P | P | P | P | |
485 | Solid Waste Disposal | ||||||
Highway and Street Right-of-Way (12) | P | P | P | P | P | P | |
C | C | C | C | C | C | ||
P | P | P | P | P | P | ||
C | C | C | C | C | C | ||
C | C | C | C | C | C | ||
Regional Light Rail Transit Systems and Facilities (13) | C/P | C/P | C/P | C/P | C/P | C/P | |
Communication, Broadcast and Relay Towers, excluding WCFs | |||||||
Satellite Dishes (8) | P | P | P | P | P | P | |
A/C | A/C | A/C | A/C | A/C | A/C |
Notes: Uses in Downtown Land Use Districts – Transportation and Utilities:
(1)The location of an off-site parking facility requires Director approval. See LUC 20.25A.080.D.
(2)Accessory parking requires approval through the review process required for the primary land use that it serves pursuant to this section.
(3)Aircraft transportation is limited in these Land Use Districts to government heliports used exclusively for emergency purposes and regulated pursuant to the terms of LUC 20.20.450.
(4)Aircraft transportation is limited in these Land Use Districts to government and hospital heliports used exclusively for emergency purposes and regulated pursuant to the terms of LUC 20.20.450.
(5)Design Review approval, Part 20.30F LUC, is required to establish a commercial parking facility. Refer to LUC 20.25A.080.E for additional development requirements.
(6)Intentionally deleted.
(7)Refer to LUC 20.20.195 for provisions applicable to wireless communication facilities and other communication, broadcast, and relay facilities. Refer to Chapter 6.08 BCC for requirements applicable to small wireless facilities and certain eligible facilities requests in the public rights-of-way.
(8)Refer to LUC 20.20.730 for general requirements applicable to large satellite dishes.
(9)Refer to LUC 20.20.350 for general requirements applicable to essential public facilities (EPF).
(10)Intentionally deleted.
(11)For the definition of an electrical utility facility, see LUC 20.50.018, and for reference to applicable development regulations relating to electrical utility facilities, see LUC 20.20.255. For new or expanding electrical utility facilities proposed on sensitive sites as described by Map UT-7 of the Utilities Element of the Comprehensive Plan, the applicant shall obtain Conditional Use Permit approval under Part 20.30B LUC, complete an alternative siting analysis as described in LUC 20.20.255.D and comply with decision criteria and design standards set forth in LUC 20.20.255. For expansions of electrical utility facilities not proposed on sensitive sites as described by Map UT-7, the applicant shall obtain Administrative Conditional Use Permit approval under Part 20.30E LUC and comply with decision criteria and design standards set forth in LUC 20.20.255.
(12)Electric vehicle infrastructure, excluding battery exchange stations, is ancillary to motor vehicle parking and highways and rights-of-way, and is permitted through the applicable review process as a component of that use.
(13)Refer to Part 20.25M LUC, Light Rail Overlay District, for specific requirements applicable to EPF defined as a regional light rail transit facility or regional light rail transit system pursuant to LUC 20.25M.020. A Conditional Use Permit is not required when the City Council has approved a regional light rail transit facility or regional light rail transit system by resolution or ordinance, or by a Development Agreement authorized by Chapter 36.70B RCW and consistent with LUC 20.25M.030.B.1.
(14)Accessory parking is not permitted in residential Land Use Districts as accessory to uses that are not permitted in these districts.
Wholesale and Retail – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
51 | Wholesale Trade: General Merchandise, Products, Supplies, Materials and Equipment | ||||||
P | P | P | A | A | P | ||
521 522 523 524 | Lumber and Other Bulky Building Materials Including Preassembled Products | ||||||
5251 | Hardware, Paint, Tile and Wallpaper (Retail) | P | P | P | P (1) | P (5) | P |
5252 | Farm Equipment | ||||||
53 | General Merchandise: Dry Goods, Variety and Dept. Stores (Retail) | P | P | P | P (1) | P (5) | P |
54 | Food and Convenience Store (Retail) (3) | P | P | P | P (1) | P (5) | P |
5511 | Autos (Retail), Motorcycles (Retail) | P (2) | P (2) | P (2) | P (2) | ||
Commercial Trucks, Recreational Vehicles (Retail) | |||||||
Boats (Retail) | P (2) | P (2) | P (2) | P (2) | |||
552 | Automotive and Marine Accessories (Retail) | P | P | ||||
553 | P | P | P | P | |||
56 | Apparel and Accessories (Retail) | P | P | P | P (1) | P (2) | P |
57 | Furniture, Home Furnishing (Retail) | P | P | P | P (1) | P (2) | P |
58 | P | P | P | P | P | P | |
59 | Misc. Retail Trade: Drugs, Liquor, Antiques, Books, Sporting Goods, Jewelry, Florist, Photo Supplies, Video Rentals and Computer Supplies (12) | P | P | P | P (1) | P (2) | P |
P | P | P | P (1) | P | P | ||
P | P | P | P | P | |||
59 | Marijuana Retail Outlet | ||||||
5961 | Farm Supplies, Hay, Grain, Feed and Fencing, etc. (Retail) | ||||||
596 | Retail Fuel Yards | ||||||
5996 | Garden Supplies, Small Trees, Shrubs, Flowers, Ground Cover, Horticultural Nurseries and Light Supplies and Tools | P (13) | P (13) | P (13) | P (13) | ||
5999 | Pet Shop (Retail) | P | P | P | P (1) | P (5) | P |
Computers and Electronics (Retail) | P | P | P | P (1) | P (5) | P |
Notes: Uses in Downtown Land Use Districts – Wholesale and Retail:
(1)Nonresidential uses are permitted in DT-R Districts only when developed within the same project limit and simultaneously with an equal or greater amount of floor area devoted to residential uses.
(2)No on-site outdoor display or inventory storage. Loading and unloading shall not be permitted in the right-of-way.
(3)Food and convenience stores (retail) shall contain at least 75 percent square footage of retail food sales not for consumption on premises.
(4)Drive-in windows and drive-throughs are not permitted.
(5)Limited to a maximum of 15,000 gross square feet per establishment or up to 25,000 gross square feet through a conditional use.
(6)Adult retail establishments are subject to the regulations for adult entertainment uses in LUC 20.20.127.
(7)Microbrewery manufacturing is permitted when combined with an eating and drinking establishment.
(8)All wholesale and retail uses, which offer shopping carts to customers, shall (a) designate a shopping cart containment area as defined in BCC 9.10.010; (b) display signage around shopping cart corrals and at the perimeter of the shopping cart containment area that provides notice that unauthorized removal of a shopping cart from the premises constitutes theft under RCW 9A.56.270 and unauthorized abandonment of a shopping cart more than 100 feet away from the parking area of a retail establishment or shopping cart containment area is a Class 3 civil infraction as defined in RCW 7.80.120; and (c) display information on each shopping cart that is consistent with the labeling requirements of RCW 9A.56.270 and includes a 24-hour toll-free phone number to report abandoned shopping carts. Abandoned shopping carts or shopping carts located outside of a shopping cart containment area constitute a public nuisance under BCC 9.10.030(H) and may be abated through the provisions of Chapter 1.18 BCC.
(9)Battery exchange stations are ancillary to gasoline service stations and are permitted through the applicable review process as a component of that use. Operators of battery exchange stations shall comply with federal and state law regulating the handling, storage, and disposal of batteries.
(10)See LUC 20.20.535 for general development requirements for marijuana uses.
(11)Handcrafted product manufacturing is permitted subordinate to a retail establishment selling that product; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.
(12)Drive-in and drive-through pharmacies are permitted as a subordinate use pursuant to LUC 20.20.840 only if located within a structured parking area and not adjacent to any publicly accessible space.
(13)Garden supplies excludes items such as large trees, rock and bulk supplies that require special handling equipment.
(14)No unreasonable threat to human health and the environment shall be caused by flammable, dangerous or explosive materials associated with this use.
(15)A recycling center is allowed as a subordinate use if it is consistent with LUC 20.20.725.
(16) 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.
Resources – Downtown Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Downtown Office 1 | Downtown Office 2 | Downtown Mixed Use | Downtown Residential | Downtown Old Bellevue | Downtown Office and Limited Business |
|---|---|---|---|---|---|---|---|
DT-O-1 | DT-O-2 | DT-MU | DT-R | DT-OB | DT-OLB | ||
8 | Resource Production (Minerals, Plants, Animals Including Pets and Related Services) | ||||||
81 | Agriculture, Production of Food and Fiber Crops, Dairies, Livestock and Fowl, Excluding Hogs | ||||||
Marijuana Production | |||||||
8192 | Other Horticultural Specialties: Medical Cannabis Collective Gardens (4) | ||||||
821 | Agricultural Processing | ||||||
Marijuana Processing | |||||||
Medical Marijuana Cooperative (5) | |||||||
8221 | Veterinary Clinic and Animal Hospital (1) (3) | P | P | P | P | P/A (2) | P |
8222 | Poultry Hatcheries | ||||||
83 | Forestry, Tree Farms and Timber Production | ||||||
8421 | Fish Hatcheries | ||||||
85 | Mining, Quarrying (Including Sand and Gravel), Oil and Gas Extraction |
Notes: Uses in Downtown Land Use Districts – Resources:
(1)See LUC 20.20.130 for general requirements applicable to this use.
(2)When the veterinary clinic and animal hospital occupy less than or equal to 2,000 square feet, the use is permitted outright. When the veterinary clinic and hospital occupy more than 2,000 square feet, an Administrative Conditional Use Permit is required.
(3)Boarding, commercial kennels, pet grooming, and pet daycare are permitted as subordinate uses to a veterinary clinic or animal hospital meeting the criteria of LUC 20.20.130.
(4)Medical cannabis collective gardens are prohibited in Bellevue.
(5)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. 6836, 2-25-25, § 4; Ord. 6759, 10-23-23, § 3; Ord. 6742, 6-5-23, § 3; Ord. 6672, 7-25-22, § 5; Ord. 6425, 10-1-18, § 15; Ord. 6419, 7-16-18, §§ 2, 3; Ord. 6377, 10-16-17, § 2)
20.25A.060 Dimensional charts.
A. Dimensional Requirements in Downtown Land Use Districts.
1. General. The provisions of this section set forth the dimensional requirements for each Land Use District and Perimeter Overlay in Downtown as depicted in LUC Figures 20.25A.060.A.2 and 20.25A.060.A.3. Each structure, development, or activity in a Downtown Land Use District shall comply with these requirements except as otherwise provided in this Part. In Downtown, front setbacks rarely apply. Buildings are built to the “build-to” line, which is either the property line or the right-of-way line, except where a plaza, building modulation or other ground-level open space is proposed.
2. Land Use District Map. Figure 20.25A.060.A.2 illustrates the locations of the Downtown Land Use Districts. The Land Use District Map should be viewed together with the Perimeter Overlay Map below for a complete overview of the zoning applicable on any specific site.
Figure 20.25A.060.A.2.
3. Perimeter Overlay Map. Figure 20.25A.060.A.3 illustrates the locations of the Downtown Perimeter Overlays in relationship to the Downtown Land Use Districts. The Perimeter Overlay Map should be viewed together with the Land Use District Map above for a complete overview of the zoning applicable on a site. In addition to the applicable Land Use District, a site may be governed partially or entirely by a Perimeter Overlay.
Figure 20.25A.060.A.3.
4. Dimensional Chart. Chart 20.25A.060.A.4 sets forth the dimensional requirements applicable to each Land Use District and Perimeter Overlay that is mapped in Figures 20.25A.060.A.2 and 20.25A.060.A.3.
Note: For the purposes of this dimensional chart, the DT-O-2, DT-MU, and DT-OLB are divided into smaller areas. The rest of this Part 20.25A LUC does not divide these districts into smaller areas.
Chart 20.25A.060.A.4 Dimensional Requirements in Downtown Land Use Districts
Minimum Tower Setback above 80' Where Building Exceeds 100' | Maximum Floor Plate Above 40' (4) | Maximum Floor Plate Above 80' (4) | Maximum Lot Coverage (13) | Maximum Building Height/Maximum Building Height with Mechanical Equipment (17) | Floor Area Ratio: Base/Maximum (3) | Tower Separation Above 80' Where Building Exceeds 100' | Base Building Height | |||
|---|---|---|---|---|---|---|---|---|---|---|
DT-O-1 | Nonresidential | 20' (14) | 24,000 gsf/f | 24,000 gsf/f | 100% | 600' (8)/600' | 7.2/8.0 | 60' (14) | 345'(21) | |
Residential | 20' (14) | 22,000 gsf/f | 13,500 gsf/f | 100% | 600' (8)/600' | 9.0/10.0 | 60' (14) | 450' | 450' (7) | |
Above-Grade Parking | 20' (14) | 20,000 gsf/f | 20,000 gsf/f | 100% | 100' (9)/100' | N/A | 60' (14) | N/A | N/A (10) | |
DT-O-2 North of NE 8th St. | Nonresidential | 20' (14) | 24,000 gsf/f | 24,000 gsf/f | 100% | 460'/480' | 5.4/6.0 | 60' (14) | 288' | 288' (7) |
Residential | 20' (14) | 22,000 gsf/f | 13,500 gsf/f | 100% | 460'/480' | 5.4/6.0 | 60' (14) | 288' | 288' (7) | |
Above-Grade Parking | 20' (14) | 20,000 gsf/f | 20,000 gsf/f | 100% | 100' (9)/100' | NA | 60' (14) | N/A | N/A (10) | |
DT-O-2 East of 110th Ave. NE | Nonresidential | 20' (14) | 24,000 gsf/f | 24,000 gsf/f | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 288' | 288' (7) |
Residential | 20' (14) | 22,000 gsf/f | 13,500 gsf/f | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 288' | 288' (7) | |
Above-Grade Parking | 20' (14) | 20,000 gsf/f | 20,000 gsf/f | 100% | 100' (9)/100' | NA | 60' (14) | N/A | N/A (12) | |
DT-O-2 South of NE 4th | Nonresidential | 20' (14) | 24,000 gsf/f | 24,000 gsf/f | 100% | 345'/365' (18) | 5.4/6.0 | 60' (14) | 288' | 288' (7) |
Residential | 20' (14) | 22,000 gsf/f | 13,500 gsf/f | 100% | 345'/365' (18) | 5.4/6.0 | 60' (14) | 288' | 288' | |
Above-Grade Parking | 20' (14) | 20,000 gsf/f | 20,000 gsf/f | 100% | 100' (9)/100' | NA | 60' (14) | N/A | N/A (10) | |
DT-MU | Nonresidential | 20' (14) | 22,000 gsf/f | 20,000 gsf/f | 100% | 230'/250' | 4.5/5.0 | 60' (14) | 115' | 115' (7) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 288'/308' | 4.5/5.0 | 60' (14) | 230' | 230' (7) | |
Above-Grade Parking | N/A | 20,000 gsf/f | N/A | 75% | 60' (9)/60' | N/A | N/A | N/A | N/A (10) | |
DT-MU Civic Center | Nonresidential | 20' (14) | 22,000 gsf/f | 20,000 gsf/f | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 115' | 115' (7) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 230' | 230' (7) | |
Above-Grade Parking | N/A | 20,000 gsf/f | N/A | 75% | 60' (9)/60' | N/A | N/A | N/A | N/A (10) | |
DT-OB | Nonresidential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 60' (14) | N/A (10) | |||
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 60' (14) | N/A (10) | ||||
Above-Grade Parking | N/A | N/A | N/A | 75% | N/A | N/A (10) | ||||
DT-R | Nonresidential | N/A | 20,000 gsf/f | NA | 75% | 75'/95' | 0.5/0.5 | N/A | N/A | N/A (10) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 230'/250' | 4.5/5.0 | 60' (14) | N/A | N/A (10) | |
Above-Grade Parking | N/A | N/A | N/A | 75% | 40' (9)/40' | N/A | N/A | N/A | N/A (10) | |
DT-OLB North (between NE 8th Street and NE 12th Street) | Nonresidential | 20' (14) | 30,000 gsf/f | 20,000 gsf/f | 100% | 86'/106' | 2.7/3.0 | 60' (14) | N/A | N/A (10) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 104'/124' | 2.7/3.0 | 60' (14) | N/A | N/A (10) | |
Above-Grade Parking | N/A | 20,000 gsf/f | N/A | 75% | 45'(9)/45' | N/A | N/A | N/A | N/A (10) | |
DT-OLB Central (between NE 4th Street and NE 8th Street) | Nonresidential | 20' (14) | 30,000 gsf/f | 20,000 gsf/f (16) | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 115' | 115' (7) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 403'/423' | 5.4/6.0 | 60' (14) | 230' | 230' (7) | |
Above-Grade Parking | N/A | 20,000 gsf/f | N/A | 75% | 45' (9)/45' | N/A | N/A | N/A | N/A (10) | |
DT-OLB South (between Main Street and NE 4th Street) | Nonresidential | 20' (14) | 30,000 gsf/f | 20,000 gsf/f (16) | 100% | 230'/250' | 4.5/5.0 | 60' (14) | 115' | 115' (7) |
Residential | 20' (14) | 20,000 gsf/f | 13,500 gsf/f | 100% | 230'/250' | 4.5/5.0 | 60' (14) | 230' | 230' (7) | |
Above-Grade Parking | N/A | 20,000 gsf/f | N/A | 75% | 55 (9)/55' | N/A | N/A | N/A | N/A (10) |
Additional Dimensional Requirements in Downtown Perimeter Overlays
Downtown Perimeter Overlay | Minimum Tower Setback above 80' Where Building Exceeds 100' | Maximum Lot Coverage (13) | Maximum Building Height/Maximum Building Height with Mechanical Equipment (17) | Floor Area Ratio: Base/Maximum (3) | Triggers for Additional Height | ||
|---|---|---|---|---|---|---|---|
Perimeter Overlay A-1 | Nonresidential | N/A | 75% | 40'/60' | 1.0 in MU; 0.5 in R/1.0 in DT-MU and DT-OB; 0.5 in DT-R | N/A (10) | |
Residential | N/A | 75% | 55'/75' | 3.15/3.5 | N/A (10) | ||
Above-Grade Parking | N/A | 75% | 40' (9)/40' | N/A | N/A (10) | ||
Perimeter Overlay A-2 | Nonresidential | N/A | 20' (6) | 75% in DT-MU 100% in DT-OB | 40'/60' | 1.0/1.0 | N/A (10) |
Residential | N/A | 20' (6) | 75% in DT-MU 100% in DT-OB 75% in DT-R | 70' (7)/90' | 3.25 in DT-MU, 3.25 in DT-OB, 3.0 in DT-R,/3.5 | ||
Above-Grade Parking | N/A | 20' (6) | 75% | 40' (9)/40' | N/A | N/A (10) | |
Perimeter Overlay A-3 | Nonresidential | N/A | 0' | 75% | 70' (8)/70' | 1.5/.1.5 | 40' (7) |
Residential | N/A | 0' | 75% | 70' (8)/70' | 4.5/5.0 | 55' | |
Above-Grade Parking | N/A | 0 | 75% | 40' (9)/40' | N/A | N/A (10) | |
Perimeter Overlay B-1 | Nonresidential | N/A | 0' | 75% in DT-MU and DT-R 100% in DT-OB | 72'/92' | 1.5 in DT-MU; 1.0 in OB; 0.5 in DT-R/1.5 in DT-MU; 1.0 in DT-OB; 0.5 in DT-R | N/A (10) |
Residential | N/A | 0' | 75% in DT-MU and DT-R 100% in DT-OB | 99'/119' | 4.5/5.0 | 99' (7) | |
Above-Grade Parking | N/A | 0' | 75% | 40' (9)/40' | N/A | N/A (10) | |
Perimeter Overlay B-2 | Nonresidential | N/A | 0' | 75% | 72'/92' | 1.5/1.5 | N/A (10) |
Residential (15) | 20' (14) | 0' | 75% | 4.5/5.0 | 105' (7) | ||
Above-Grade Parking | N/A | 0' | 75% | 40' (9)/40' | N/A | N/A (10) | |
Perimeter Overlay B-3 | Nonresidential | N/A | 0' | 100% | 72'/92' | 1.5/1.5 | N/A (10) |
Residential | 20' (14) | 0' | 100% | 230' (7)/250' | 6.3/7.0 | 105' (7) | |
Above-Grade Parking | N/A | 0' | 75% | 40' (9)/40' | N/A | N/A (10) |
Notes: Dimensional Requirements in Downtown Land Use Districts and Perimeter Overlays:
(1)Minimum setbacks from Downtown boundary are subject to required landscape development. See LUC 20.25A.110.
(2)A single building is considered residential if more than 50 percent of the gross floor area is devoted to residential uses. See LUC 20.50.020 for the definition of “floor area, gross.”
(3)The maximum permitted FAR may only be achieved by participation in the FAR Amenity Incentive System, LUC 20.25A.070. Where residential and nonresidential uses occur in the same building, the FAR is limited to the maximum FAR for the building type as determined in accordance with Note (2).
(4)See subsection B of this section for exceptions to the minimum stepback and maximum building floor plate requirements.
(5)Hotels and motels shall be considered as residential structures for all dimensional standards except for maximum floor plate where they shall be considered nonresidential.
(6)On lots that are bisected by the Downtown boundary, the Director may allow the minimum setback from the Downtown boundary to be measured from the perimeter property lines abutting other lots located outside the Downtown boundary. The modification shall be consistent with the Perimeter Overlay purpose statement contained in LUC 20.25A.010.B. This provision may be used to modify only the setback location and not the minimum setback size.
(7)Refer to LUC 20.25A.075.A for additional requirements when exceeding the trigger for additional height.
(8)No additional building height allowed.
(9)No additional height allowed for parking garages. Any mechanical equipment shall be placed inside the structure.
(10)No additional building height above the maximum shall be permitted through the Administrative Departure process.
(11)The DT-OB district has no maximum heights or floor area ratios that are independent of the Perimeter Overlays because the entire district is covered by overlays. The applicable maximum heights and floor area ratios in the DT-OB district shall be controlled by the applicable perimeter overlay provisions.
(12)Within Perimeter Overlay B-2, multiple tower projects are allowed variable tower heights of 176 feet to 264 feet with an average of no more than 220 feet. Master Development Plan approval is required. Multiple tower projects that straddle the Perimeter Overlay B-2 and DT-MU Districts in the Northwest Village Neighborhood of Downtown are allowed to locate a single tower within the Perimeter Overlay B-2 that does not exceed a maximum height of 264 feet. Single tower projects within the Perimeter Overlay B-2 shall be limited to 220 feet unless the Director approves an Administrative Departure pursuant to LUC 20.25A.030.D.
(13)Underground buildings as defined in LUC 20.50.050 are not structures for the purpose of calculating lot coverage.
(14)The tower setback shall be applied from interior property lines only. Refer to LUC 20.25A.075 for Downtown Tower Requirements, which also includes an exception for small sites and opportunities to depart from dimensional requirements applicable to towers located in Downtown.
(15)Towers in the Perimeter Overlay B-2 shall be subject to the 40-foot tower separation above 80 feet if the building exceeds 100 feet.
(16)The maximum floor plate between 80 and 150 feet may be increased through an Administrative Departure pursuant to LUC 20.25A.030.D.1 if the following criteria are met:
a.The maximum allowed floor plates above 80 feet are increased by no more than 25 percent;
b.All buildings or portions of buildings located above 40 feet shall include a minimum building separation of 40 feet. The required separation shall provide for a continuous building separation corridor that extends between I-405 and 112th Ave NE;
c.The applicant demonstrates that the increased floor plate size does not affect the light, air or privacy for pedestrians or adjacent properties, and any publicly accessible space that is located in the vicinity; and
d.Complies with all other dimensional standards of this section.
(17)The additional 20 feet allowed for mechanical equipment is uninhabitable space.
(18)The area west of 106th Avenue NE in the DT-O-2 South District shall be limited to 288 feet with 20 feet additional height available for mechanical equipment.
(19) Measured from inside edge of the required sidewalk, if applicable: If existing utilities which cannot reasonably be relocated result in the planting of street trees on the property side of a sidewalk as provided for in LUC 20.25A.090, five feet are added to the required setback.
(20)On the Grand Connection, the trigger for additional height in the DT-O-1 for nonresidential shall be 450 feet.
(21)On the Grand Connection, the base height in the DT-O-1 for nonresidential shall be 450 feet.
B. Exceptions to Dimensional Requirements. Exceptions authorized pursuant to this subsection shall be reviewed as Administrative Departures subject to the terms of LUC 20.25A.030.D.1.
1. Floor Plate Exceptions.
a. Connecting Floor Plates. The Director may approve the connection of floor plates above 40 feet such that those floor plates exceed the “Maximum Building Floor Area per Floor Above 40 Feet”; provided, that:
i. The total proposed building height does not exceed 70 feet in height (as defined by the International Building Code, as adopted and amended by the City of Bellevue);
ii. The connection is to allow for safe and efficient building exiting patterns;
iii. The connecting floor area shall include required corridor areas, but may include habitable space;
iv. The alternative design results in a building mass that features separate and distinct building elements;
v. The connection shall act as a dividing point between two floor plates, neither of which exceeds the maximum floor plate size;
vi. From the right-of way, the development shall appear as separate and distinct buildings to the pedestrian; and
vii. The connection shall appear to be distinct from the adjacent masses.
b. Performing Arts Centers may have unlimited floor plates up to 100 feet in height, measured from average finished grade; provided, that:
i. The floor plate exception applies only to that portion of the building that contains the performing arts use;
ii. Subordinate uses do not exceed 25 percent of the total area; and
iii. The ground floor design is consistent with the design standards for “A” rights-of-way, excluding the arcade provision.
2. Intrusions Into Required Dimensional Standards.
a. Intrusions Over the Sidewalk.
i. Marquees, awnings, or other kinds of weather protection that comply with the standards of LUC 20.25A.170.A.2.b are permitted to extend over the public right-of-way upon approval of the Director of the Transportation Department and the Director notwithstanding the provisions of the Sign Code, Chapter 22B.10 BCC, or any other City Code.
ii. External decks and balconies are permitted to extend over the right-of-way upon approval of the Director or the Transportation Department and the Director and shall be a minimum clearance of 20 feet above the right-of-way, and no greater in depth than 50 percent of the width of the required sidewalk.
iii. On Mixed Streets and Neighborhood Streets, as defined by LUC 20.25A.010.B.5.c and 20.25A.010.B.5.d, building structure, external decks, and balconies are permitted to extend over the sidewalk and enhanced streetscape area to the property line above a minimum clearance of 20 feet above the right-of-way, except when a setback or stepback precludes such extension.
b. Intrusions Into Setbacks.
i. Architectural elements such as louvers and fins may intrude into the setback upon approval of the Director.
ii. External decks and balconies that intrude into the tower setback are permitted upon approval of the Director.
c. Intrusions Into Stepbacks.
i. The Director may approve modifications to the minimum required stepback if:
(1) The applicant can demonstrate that the resulting design will be more consistent with the design standards of LUC 20.25A.140 through 20.25A.180; and
(2) The intrusions for building modulation or weather protection features shall be a maximum of 20 percent of the length of the whole façade, 25 percent of the depth of the required stepback, and a maximum of 10 feet in length per intrusion.
ii. The Director may approve modifications to the stepback requirements for performing arts centers if:
(1) Interesting roof forms, significant floor plate modulation, significant façade modulation, or other such unique architectural features are provided to minimize impacts to abutting structures.
(Ord. 6839, 3-4-25, § 85; Ord. 6839, 3-4-25, § 9; Ord. 6580, 6-21-21, § 7; Ord. 6425, 10-1-18, § 16; Ord. 6377, 10-16-17, § 2)
20.25A.070 Amenity incentive system and floor area ratio.
A. General. A building may exceed the base floor area ratio or base building height permitted for development within a Downtown Land Use District or Perimeter Overlay pursuant to LUC 20.25A.060.A.4 only if it complies with the requirements of this section. In no case may the building exceed the maximum floor area ratio permitted for the district or overlay unless expressly permitted by the terms of this Code. The bonus ratios have been calibrated by neighborhood to provide higher incentives for amenities that contribute to neighborhood character objectives.
B. Required Review. The Director may approve an amenity that complies with subsection D of this section if all the specific amenity system requirements are satisfied and established design criteria for the amenity have been met.
C. FAR Exemptions, Special Dedications, and Conversion of Previously Approved Exempt Retail Activity Space.
1. FAR Exemption for Ground-Level and Second-Level Active Uses. For purposes of applying the Amenity Incentive System, a level shall be considered the ground level so long as less than half of that ground-level story height is located below the average finished grade of the adjacent public right-of-way or pedestrian connection. The single building story immediately above the ground-level story and intended to activate the ground-level pedestrian environment through demonstrated compliance with the Second-Level Active Uses design standards contained in LUC 20.25A.170.D shall be considered an upper level.
a. Ground-Level Floor Areas Meeting the Definition of Active Uses. Each square foot of ground-level floor area of active uses that satisfies the requirements of LUC 20.25A.020.A and complies with the design standards contained in LUC 20.25A.170.B.1 (Grand Connection/High Streets – “A” Rights-of-Way) shall be eligible for an exemption from calculation of the maximum floor area of up to 1.0 FAR, except where specifically provided by the terms of this Code.
b. Second-Level Floor Areas Meeting the Definition of Active Uses. Each square foot of second-level floor area of active uses that satisfies the requirements of LUC 20.25A.020.A and complies with the design standards contained in LUC 20.25A.170.D (Second-Level Active Uses) shall be eligible for an exemption from the calculation of maximum floor area of up to 0.5 FAR, except where specifically provided by the terms of this Code.
c. Designation of an Active Use. The Director may approve an Active Use not otherwise listed in the definition contained in LUC 20.25A.020, through an Administrative Departure pursuant to LUC 20.25A.030.D.1, if the following criteria are met:
i. The use is within a building and supports pedestrian activity;
ii. The use promotes a high degree of visual and physical interaction between the building interior and the adjacent public realm; and
iii. The use meets the design criteria in FAR Exemption for Ground-Level and Second-Level Active Uses in LUC 20.25A.070.C.1.a and C.1.b, and the design standards for the applicable right-of-way designation in LUC 20.25A.170.B.
2. Affordable Housing Development Flexibility. A maximum of 1.0 FAR of floor area may be exempted to support the provision of affordable housing, minimum parking may be reduced, and additional development flexibility allowed, as provided below.
a. Up to 1.0 FAR of floor area dedicated to supporting the creation of on-site affordable housing shall not be counted for the purposes of calculating the FAR of a project; provided, that:
i. For every 1.0 square foot of affordable housing provided, 2.5 square feet is allowed for market-rate housing not to exceed a maximum of 1.0 FAR total; and
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.
b. Reduced Minimum Parking Ratio for Affordable Units. Affordable studio and one-bedroom units located in projects meeting the requirements of subsection C.2.a of this section shall have a minimum parking ratio of 0.5 stalls per unit.
c. Additional Development Flexibility. Projects that provide 0.5 FAR or greater of the exempt floor area earned through the provisions of on-site affordable housing may:
i. Increase the maximum lot coverage by five percent in Perimeter Overlay Districts A-1, A-2, A-3, B-1, and B-2; and
ii. Decrease the upper-level stepbacks required in LUC 20.25A.075.C by a maximum of five feet.
3. Floor Area Earned from Special Dedications.
a. General. Land that is dedicated to the City of Bellevue for right-of-way or to accommodate the linear alignment of an RLRT system without compensation to the owner in conformance with subsection C.3.b of this section is included in land area for the purpose of computing maximum FAR notwithstanding the definition of floor area ratio (FAR) contained in LUC 20.25A.020.A.
b. Special Dedications.
i. A property owner may make a special dedication by conveying land identified for right-of-way or linear alignment of an RLRT system acquisition in a Transportation Facilities Plan of the Comprehensive Plan, the Transportation Facilities Plan adopted by the City Council or the Capital Investment Program Plan to the City of Bellevue by an instrument approved by the City Attorney.
ii. A property owner may also make a special dedication by conveying land identified by the Director of Transportation as necessary for safety or operational improvement projects.
c. Recording Requirements. The applicant shall record the amount (square footage) of floor area earned by area dedicated in conformance with this subsection with the King County Recorder’s Office, or its successor agency, and provide a copy of the recorded document to the Director.
4. Conversion of Previously Approved Exempt Retail Activity Space.
a. General. Exempt Retail Activity space approved pursuant to the Downtown Part 20.25A LUC in effect prior to October 24, 2017, may be converted to Active Use space pursuant to the provisions of this subsection.
b. Requirements. The Director may approve a conversion of Exempt Retail Activity Space approved pursuant to the Downtown Part 20.25A LUC in effect prior to October 24, 2017, provided the following requirements are met:
i. Prior to Conversion. The applicant shall show a good faith effort to locate retail tenants meeting the Pedestrian-Oriented Frontage use requirements of the previous approval before a conversion may be considered by the Director.
ii. Requirements for Conversion to Be Approved.
(1) Conversion of the previously approved exempt retail activity space shall not allow the building to exceed the maximum FAR contained in LUC 20.25A.060; and
(2) The converted space shall be retrofitted, to the maximum extent feasible, to comply with the requirements of LUC 20.25A.170.B.1 (Grand Connection/High Streets – “A” Rights-of-Way).
D. Specific Amenity Incentive System Requirements.
1. Participation in the Amenity Incentive System shall comply with Chart 20.25A.070.D.4. Amenity bonus rates and applicability shall follow Downtown Neighborhood boundaries as shown in Figure 20.25A.070.D.1.
Figure 20.25A.070.D.1.
2. Development within a project limit may only exceed its base FAR or base building height by providing amenities as described in Chart 20.25A.070.D.4 and this subsection.
a. Calculation of Required Amenity Incentive Points. The process below shall be used to determine the required amenity incentive points by individual building. There are two conditions that shall guide a building’s required amenity incentive points based on its being above or below the base building heights shown in LUC 20.25A.060.A.4:
Condition 1: All building floor area is developed below the base building height. In this case, the amount of square footage above the base FAR is equal to the required amenity points.
Condition 2: A portion of the building floor area is developed above the base building height. In this case, the greater of the floor area being constructed above base FAR, OR the floor area being constructed above base height divided by two shall count as the required amenity incentive points for each building. For example: A building has 60,000 square feet above base FAR and 30,000 square feet above base building height divided by two = 15,000; the requirement would be 60,000 amenity points. A building with zero square feet above base FAR and 20,000 square feet above base building height divided by two would require 10,000 amenity points.
For multi-building development, the individual building amenity calculations shall be combined for an overall development’s required amenity incentive points.
b. Allocation of Amenities. The Amenity Incentive System has a focus on public open space features. It is required that 75 percent or more of a project’s amenity points shall be earned from one or more of the following amenities: Grand Connection and Major Public Open Space, Outdoor Plaza, Donation of Park Property, Improvement of Public Park Property, Enhanced Streetscape, Active Recreation Area, Enclosed Plaza or Alleys with Addresses. The remaining 25 percent of a project’s required amenity points may be earned from any other amenity on the amenity list. DT-Small Sites may utilize any combination of amenity incentive points from the standard list to earn required amenity points.
c. In-Lieu Fees. In-lieu fees may be used for up to 50 percent of a project’s required amenity incentive points. The in-lieu fee as of October 24, 2017, is $28.00 per amenity point. In-lieu fees shall be assessed and collected at building permit issuance. In-lieu fees collected by the City shall be placed in a dedicated account and used exclusively for the acquisition or improvement of publicly accessible open space within, adjacent to, or connected to Downtown as determined by the Parks and Community Services Director. The amenity incentive system in-lieu fee rate, published in the City’s fee rate schedule, shall 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.
3. 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 (MDP). If construction of the multi-building development is to be phased, each phase shall provide for a proportionate installation of amenities as established in an approved MDP phasing plan. No phase may depend on the future construction of amenities.
4. Amenity Incentive System.
Chart 20.25A.070.D.4 Amenity Incentive System
LIST OF BONUSABLE AMENITIES | APPLICABLE NEIGHBORHOODS AND BONUS RATIOS | ||||||
|---|---|---|---|---|---|---|---|
Northwest Village | City Center North | Ashwood | Eastside Center | Old Bellevue | City Center South | East Main | |
PUBLIC OPEN SPACE FEATURE AMENITIES | |||||||
1. Grand Connection and Major Public Open Spaces: The Grand Connection and Major Public Open Spaces as depicted in LUC 20.25A.175.A.1. | 16:1 | ||||||
16:1 bonus points per square foot of Pedestrian Corridor or Major Public Open Space constructed. | |||||||
DESIGN CRITERIA: | |||||||
1. Grand Connection and Major Public Open Space improvements shall comply with the requirements of LUC 20.25A.175. | |||||||
2. Outdoor Plaza: A publicly accessible, continuous open space, predominantly open from above, and designed to relate to the surrounding urban context. Outdoor plazas prioritize pedestrian use and serve as opportunities to activate Downtown for residents and users. | 9.3:1 | 9.3:1 | 8.4:1 | 9.3:1 | 8.4:1 | 8.4:1 | 8.4:1 |
8.4 bonus points per square foot of outdoor plaza in Priority Neighborhoods; 9.3 bonus points per square foot in High Priority Neighborhoods. | |||||||
DESIGN CRITERIA: | |||||||
1. Minimum plaza size is 3,000 square feet with a maximum bonusable area of 20 percent of the gross lot area; provided, that the minimum plaza size for a DT-Small Site is 1,500 square feet. Plazas larger than 10,000 square feet may earn 10 percent additional bonus points if they are designed in a manner to provide for activities to promote general public assembly. 2. Minimum plaza size may be met through the linking of smaller plaza spaces in a cohesive, logical manner with a strong design narrative. 3. Minimum seating provided shall be one linear foot of seating space per 30 square feet of plaza space. 4. A minimum of 20 percent of the area eligible for bonus amenity points in the plaza shall be landscaped. 5. Plaza amenities to enhance the users’ experience shall be provided, e.g., art and water elements. 6. Plaza shall be located within 30 inches of the adjacent sidewalk grade, and shall provide physical and visual access from the adjacent right-of-way. 7. Provide for sense of security to users through well-lit and visible spaces. 8. Directional signage shall be provided to identify circulation routes for all users and inform the public that the space is accessible to the public at all times. The signage shall be visible from all points of access. The Director shall require signage as provided by the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this provision and achieves the design objectives for the building and the site may propose an alternative that is consistent with this provision and achieves the design objectives for the building and the site. 9. Plazas shall be open to the public at all times and require an easement for public right of pedestrian use in a form approved by the City. 10. Plazas shall meet all design criteria for design standards for public open spaces. 11. Square footage for purposes of calculating amenity points shall not include vehicle or loading drive surfaces. | |||||||
3. Donation of Park Property: Property that is donated to the City, with no restriction, for park purposes. | Forty-five bonus points for every $1,000 of the appraised value of property donated for park purposes if the property is located in Northwest Village or East Main Neighborhood. Forty bonus points for every $1,000 of the appraised value if property is located in any other Downtown Neighborhood. Park property donation may occur in Downtown Neighborhoods that are different from where the development project occurs. | ||||||
DESIGN CRITERIA: | |||||||
1. The need for such property in the location proposed shall be consistent with City-adopted policies and plans. 2. The minimum size of a donated park parcel is 4,000 square feet. 3. Donated park parcels shall be located within Downtown, but need not be contiguous with the site for which development is proposed. | |||||||
4. Improvement of Public Park Property: Improvements made to City-owned community, neighborhood, and miniparks within Downtown. | Forty-five bonus points for every $1,000 of public park property improvement if the park is located in Northwest Village or East Main Neighborhood. Forty bonus points for every $1,000 of public park property improvement if it is located in any other Downtown Neighborhood. Park property improvement may occur in Downtown Neighborhoods that are different from where the development project occurs. | ||||||
DESIGN CRITERIA: | |||||||
1. Improvements made to a City-owned community, neighborhood, or mini-park shall be consistent with the Downtown Subarea Plan. 2. Improvements made to City-owned parks shall be constructed by the developer consistent with applicable City plans, and approved by the Director of the Parks and Community Services Department. | |||||||
5. Enhanced Streetscape: A continuous space between the back of the curb and the building face, which allows internal activities to be externalized or brought out to the sidewalk. This space is provided along the building front, and activated by residential patios or stoops, small retail, restaurant, and other commercial entries. | 7:1 | 7:1 | 7:1 | 7:1 | 7.8:1 | 7.8:1 | 7.8:1 |
Seven bonus points per square foot of enhanced streetscape constructed; 7.8 bonus points per square foot if part of Lake-to-Lake Trail in Old Bellevue, City Center South, and East Main neighborhoods. | |||||||
DESIGN CRITERIA: | |||||||
1. Space between back of curb and building face shall meet the minimum sidewalk and landscape dimensions. This amenity bonus is intended for an additional four- to eight-foot frontage zone that is above and beyond the minimum requirements. 2. Frontage zone shall contain street furniture, including movable tables and chairs, and may be used for retail and food vendor space. 3. The applicant shall comply with three of the five design standards below: a. Additional landscaping such as seasonal pots and plantings. b. Decorative paving. c. Small artistic elements. d. Additional weather protection. e. Other features suggested that assist in activating the space. 4. Visual access shall be provided to abutting commercial spaces. For residential use, this may be provided through a private patio or stoop. | |||||||
6. Active Recreation Area: An area that provides active recreational facilities and is open to the general public. Does not include health or athletic clubs. | 2:1 | 2:1 | 2:1 | 2:1 | 2:1 | 2:1 | 2:1 |
Two bonus points per square foot of active recreation area provided. | |||||||
DESIGN CRITERIA: | |||||||
1. May be located indoors or outdoors. 2. Recreational facilities include, but are not limited to, sport courts, child play areas, climbing wall, open space for play, and dog relief areas. 3. There may be a fee for use, but may not be used exclusively by the membership. 4. The maximum bonusable area is 1,500 square feet. | |||||||
7. Enclosed Plaza: A publicly accessible, continuous open space located within a building and covered to provide overhead weather protection while admitting substantial amounts of natural daylight (atrium or galleria). Enclosed plazas function as a “Third Place,” and are “anchors” of community life and facilitate and foster broader, more creative interaction. | 4:1 | 4:1 | 4:1 | 4:1 | 4:1 | 4:1 | 4:1 |
Four bonus points per square foot of enclosed plaza provided. | |||||||
DESIGN CRITERIA: | |||||||
1. Shall be open and accessible to the public during the same hours that the building in which it is located is open. 2. Shall provide signage to identify the space as open to the public as provided per the Bellevue Transportation Department Design Manual. Shall provide directional signage that identifies circulation routes for all users and informs the public that the space is accessible to the public at all times. The signage shall be visible from all points of access. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this provision and achieves the design objectives for the building and the site. 3. Shall be visually and physically accessible from a publicly accessible space. 4. At least five percent of the area shall be landscaped. Landscape requirements may be modified if an equal or better result is provided through the use of interesting building materials, art, and architectural features that soften and enhance the enclosed plaza area. 5. The minimum sitting space shall be one linear foot of seating per 30 square feet of enclosed plaza space. More than 50 percent of the seating shall be provided in the form of movable chairs and furniture. 6. Minimum horizontal dimension is 20 feet. 7. Minimum area is 750 square feet. | |||||||
8. Alleys with Addresses: Pedestrian-oriented ways off the main vehicular street grid that provide an intimate pedestrian experience through a combination of residential, small retail, restaurant, and other commercial entries with meaningful transparency along the frontage building walls. This area does not have a “back of house” feel. | 6.7:1 | 6.7:1 | 6.7:1 | 6.7:1 | |||
6.7 bonus points per square foot of alley with address improvement based on neighborhood location. | |||||||
DESIGN CRITERIA: | |||||||
1. Shall be open to the public 24 hours a day, seven days a week, and require an easement for public right of pedestrian use in a form approved by the City. 2. May not be enclosed. 3. Shall provide a finer-scaled building design at the pedestrian level to emphasize the pedestrian realm and to provide scale relief from the primary massing. 4. Alley frontage shall meet standards for “C” Rights-of-Way, Mixed Streets in LUC 20.25A.170.B. 5. Residential use must provide a strong connection to the alleyway through the use of patios or stoops. 6. Shall provide pedestrian-scaled lighting. 7. Shall provide signage to show open to the public and the hours. 8. Automobile access and use shall be secondary to pedestrian use and movement. 9. Shall meet design standards at LUC 20.25A.170.C. 10. Square footage for purposes of calculating amenity points shall not include vehicle or loading drive surfaces. | |||||||
9. Freestanding canopies at street corners and transit stops (nonbuilding weather protection) | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 |
Forty bonus points per every $1,000 of investment in freestanding canopies. Maximum 1,000 bonus points per freestanding canopy. | |||||||
DESIGN CRITERIA: | |||||||
Location of freestanding canopies shall be approved by Transportation Department. Design shall be consistent with the design adopted through a Transportation Director’s Rule. | |||||||
10. Pedestrian Bridges: Pedestrian bridges over the public right-of-way at previously designated mid-block locations meeting specific design criteria. | 250:1 | 250:1 | 250:1 | ||||
Two hundred fifty bonus points per linear foot of pedestrian bridge constructed. | |||||||
DESIGN CRITERIA: | |||||||
1. This bonus shall apply only to pedestrian bridges meeting the location and design criteria of LUC 20.25A.100. 2. Bridge shall connect to upper-level Active Uses on both sides to qualify for the bonus. | |||||||
11. Performing Arts Space: Space containing fixed seating for public assembly for the purpose of entertainment or cultural events (live performances only). | 16:1 | 16:1 | 16:1 | 16:1 | 16:1 | 16:1 | 16:1 |
Sixteen bonus points per square foot of performing arts space provided. | |||||||
DESIGN CRITERIA: | |||||||
This bonus shall apply only to performing arts spaces that are less than 10,000 square feet. | |||||||
12. Public Art: Any form of permanent artwork that is outdoors and publicly accessible or visible from a public place. The purpose is to create a memorable civic experience and affinity between artist and community. | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 |
Forty bonus points per every $1,000 of appraised art value. | |||||||
DESIGN CRITERIA: | |||||||
1. Shall be located outside in areas open to the general public or visible from the adjacent public right-of-way, perimeter sidewalk, or pedestrian way. 2. May be an artist-made object or artist-made integrated feature of the building’s exterior or other visible infrastructure such as paving, hand railings, walls, seating, or other elements visible to the public or in publicly accessible areas. 3. Public art can include murals, sculptures, art elements integrated with infrastructure, and special artist-designed lighting. 4. Standalone or landmark artworks shall be at a scale that allows them to be visible at a distance. 5. Value of art to be determined through appraisal accepted by Bellevue Arts Program. 6. 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. | |||||||
13. Water Feature: A fountain, cascade, stream water, sculpture, or reflection pond. The purpose is to serve as a focal point for pedestrian activity. | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 |
Forty bonus points per every $1,000 of appraised value of the water feature, or actual construction cost, whichever is greater. | |||||||
DESIGN CRITERIA: | |||||||
1. Shall be located outside of the building, and be publicly visible and accessible at the main pedestrian entrance to a building, alongside a perimeter sidewalk or pedestrian connection. 2. Water shall be maintained in a clean and noncontaminated condition. 3. Water shall be in motion during daylight hours. | |||||||
14. Historic Preservation of Physical Sites/Buildings: Historic and cultural resources are those identified in the City’s resource inventory, or identified by supplemental study submitted to the City. | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 |
Forty bonus points per every $1,000 of documented construction cost to protect historic façades or other significant design features. | |||||||
DESIGN CRITERIA: | |||||||
1. Voluntary protection of historic façades or other significant design features when redevelopment occurs. | |||||||
15. Historic and Cultural Resources Documentation: Historic and cultural resources are those identified in the City’s resource inventory, or identified by supplemental study submitted to the City. | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 | 40:1 |
Forty bonus points per every $1,000 of documented cost of plaques/interpretive markers or construction cost of space dedicated to collect, preserve, interpret, and exhibit items. | |||||||
DESIGN CRITERIA: | |||||||
1. Use plaques and interpretive markers to identify existing and past sites of historic and cultural importance. 2. Space dedicated to collect, preserve, interpret, and exhibit items that document the history of Downtown Bellevue. | |||||||
16. Neighborhood Serving Uses: Allocation of space for noncommercial neighborhood serving uses that bolster livability for residents (e.g., community meeting rooms and nonprofit child care). | 8:1 | 8:1 | 8:1 | 8:1 | 8:1 | 8:1 | 8:1 |
Eight bonus points per square foot of space dedicated to neighborhood serving uses. | |||||||
DESIGN CRITERIA: | |||||||
1. Bonusable neighborhood serving uses include child care, community meeting rooms, or nonprofit space. 2. Up to 5,000 square feet per project are eligible for this bonus, any floor area beyond that limit shall not be eligible for amenity bonus points. 3. The floor area delineated for these uses shall be required to remain dedicated to neighborhood serving uses for the life of the project. 4. Applicant shall record with King County Recorder’s Office (or its successor agency) and provide a copy to the Director of a binding document allocating those spaces only for neighborhood serving uses for the life of the building. 5. No other uses shall be approved for future tenancy in those spaces if they are not consistent with the uses outlined in the definition of neighborhood serving uses in LUC 20.25A.020.A. 6. Tenant spaces shall remain open to the public and may not require fees or admissions to enter. 7. Spaces shall provide visual access from the street. | |||||||
17. Sustainability Certification: The City has a vested interest in supporting sustainable building practices and provides amenity bonus points commensurate with the level of sustainability provided in each building. Bonus FAR points shall be earned according to the level of rating an applicant completes. Building practices are rapidly evolving and sustainability features are becoming mainstream. The purpose of this amenity is to incentivize performance significantly above the industry norm. | Tier 1: Living Building Net Zero Energy; Built Green 5-Star; or LEED Platinum; 0.25 FAR Bonus. Tier 2: Passivhaus PHIUS+2015 Verification; Built Green 4-Star; or LEED Gold; 0.2 FAR Bonus. Note: Other Sustainability Certifications with an expected public benefit equal to or in excess of Tier 1 or Tier 2 may be pursued under the Flexible Amenity provisions. | ||||||
DESIGN CRITERIA: | |||||||
1. Buildings shall meet minimum criteria for LEED, Built Green, or Living Building Challenge certification in the 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 within 18 months of project completion, the bonded fund shall be used for environmental improvements within Downtown identified by the City. | |||||||
FLEXIBLE AMENITY | |||||||
18. Flexible Amenity: For proposed amenities not identified in items 1 through 17 of this list, the Flexible Amenity allows an applicant the opportunity to propose an additional amenity that would substantially increase livability in Downtown. Credit shall be determined on a case-by-case basis; it is expected that the public benefit shall equal or exceed what would be provided by amenities on the standard list provided above. The Flexible Amenity may also be used to determine a mix of amenities that is appropriate for a DT-Small Site when the application of standard list would not provide it with the development rights permitted to other similarly situated properties. | Values for this amenity shall be set through the City Council Departure process in LUC 20.25A.030 and require a Development Agreement. May be pursued in all Downtown Neighborhoods. This amenity may be used on DT-Small Sites to earn necessary amenity bonus points needed to exceed base FAR. | ||||||
DESIGN CRITERIA: | |||||||
1. The bonus proposal shall be approved by City Council through a Legislative Departure and Development Agreement. 2. The proposed bonus shall have merit and value to the community. 3. The proposed bonus shall be outside of the anticipated amenity bonus structure. 4. The proposed bonus shall not be in conflict with existing Land Use Code regulations. | |||||||
TECHNICAL REVIEW: | |||||||
The City may require the applicant to pay for an independent technical review, by a consultant retained by the City, of materials submitted by the applicant to support the requested departures contained within a requested Development Agreement. Consultant services may include, but are not limited to, economic evaluation of public benefits, impacts on property values, review of construction valuations, documentation related to constructability, and other input deemed necessary by the City Council to support its legislative decision making. | |||||||
E. Recording. The total amount of bonus floor area earned through the Amenity Incentive System for a project, and the amount of bonus floor area to be utilized on site for that project shall be recorded with the King County Recorder’s Office, or its successor agency. A copy of the recorded document shall be provided to the Director.
F. Bonus Floor Area Earned from Grand Connection or MPOS Construction.
1. Use of Floor Area Earned. Bonus floor area earned for actual construction of the Grand Connection or Major Public Open Space may be used within the project limit or transferred to any other property within the area of Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street. Properties may utilize this earned floor area to exceed the Floor Area Ratio Maximum of LUC 20.25A.060.A.4, but shall remain within maximum building height limits.
2. Recording Required. The property owner shall record each transfer of floor area with the King County Recorder’s Office, or its successor agency, and shall provide a copy of the recorded document to the Director.
3. Notwithstanding any provision of Part 20.25A LUC, no transfer of floor area occurs when all property is included in one project limit.
G. Periodic Review. The Amenity Incentive System shall be periodically reviewed every five to seven years with initiation by City Council. The Director shall prepare an annual performance report that includes, at a minimum, the following information for the amenity incentive points earned from participation in the Amenity Incentive System.
1. Total number of Downtown projects that participated in the Amenity Incentive System;
2. The total amount of square footage earned through participation in the Amenity Incentive System; and
3. The total number of amenity points earned for each bonusable amenity listed in subsection D.4 of this section. (Ord. 6839, 3-4-25, §§ 10, 11; Ord. 6626, 12-6-21, § 7; Ord. 6580, 6-21-21, §§ 8 – 12; Ord. 6377, 10-16-17, § 2)
20.25A.075 Downtown Tower Requirements and Upper-Level Stepbacks.
A. Requirements for Additional Height.
1. Applicability. Buildings with heights that exceed the trigger for additional height shall be subject to the floor plate reduction requirement in subsection A.2 of this section and the outdoor plaza space requirement in subsection A.3 of this section.
2. Floor Plate Reduction Requirement.
a. The maximum floor plates above the trigger for additional height shall be reduced by:
i. Fifteen percent in nonresidential towers located in the DT-O-1 and DT-O-2 Districts;
ii. Ten percent in nonresidential towers located in the DT-MU, DT-MU Civic Center, DT-OLB Central, and DT-OLB South Districts; provided that, the reduction shall not require an applicant to reduce any floor plate to less than 20,000 gsf in size; and
iii. Ten percent in residential towers.
b. The reduction shall be applied on all floor plates above the trigger for additional height. The applicable percent reduction may be averaged among all floor plates above 80 feet, but no single floor plate shall exceed the maximum floor plate size above 80 feet.
3. Outdoor Plaza Space Requirement. Buildings with heights that exceed the trigger for additional height shall provide outdoor plaza space in the amount of 10 percent of the site; provided, that the outdoor plaza space shall be no less than 3,000 square feet in size (or 1,500 square feet on DT-Small Sites). In no event shall the outdoor plaza space be required by the Director to exceed one acre in size. The open space shall be provided within 30 inches of the adjacent sidewalk and shall comply with the requirements for outdoor plazas in the Amenity Incentive System of LUC 20.25A.070.D.2. Vehicle and loading drive surfaces shall not be counted as outdoor plaza space.
a. Modification of the Plaza Size With Criteria. The Director may approve a modification to the 10 percent requirement for outdoor plaza space through an Administrative Departure pursuant to LUC 20.25A.030.D.1; provided, that the following minimum criteria are met:
i. The outdoor plaza is not less than 3,000 square feet in size or 1,500 square feet on a DT-Small Site;
ii. The outdoor plaza does not contain isolated unusable fragments;
iii. The outdoor plaza meets the design criteria for outdoor plazas in the floor area ratio and Amenity Incentive System Chart, LUC 20.25A.070.D.4; and
iv. The size of the plaza is roughly proportional to the additional height requested.
B. Required Tower Separation. Tower separation is intended to provide privacy, natural light and air, and contribute to a distinctive skyline.
1. Applicability. This subsection shall apply to multiple towers within Downtown built within a single project limit.
2. Separation. Two or more towers built within a single project limit shall maintain a tower separation of 60 feet.
3. Modification with Criteria. Tower separation may be reduced to a minimum of 20 feet between the closest points of multiple towers measured 80 feet above average finished grade through an Administrative Departure pursuant to LUC 20.25A.030.D.1 if the following criteria are met:
a. A maximum of 10 percent of the façade is within the tower separation distance of another building’s façade; and
b. The applicant demonstrates that the intrusion does not affect the light, air or privacy of the users of either building.
4. DT-Small Site Exception. If a parcel is less than or equal to 40,000 square feet, the tower separation requirement does not apply.
C. Upper-Level Stepbacks.
1. Upper-Level Stepback. Each building façade depicted in Figure 20.25A.075.C.2 shall incorporate a minimum 15- or 20-foot-deep stepback at a height between 25 feet and the level of the first floor plate above 40 feet. The required depth of the stepback is shown in Figure 20.25A.075.C.2. This required stepback may be modified or eliminated if the applicant demonstrates through Design Review (Part 20.30F LUC) that:
a. Such stepback is not feasible due to site constraints, such as a small or irregularly shaped lot;
b. The modification is necessary to achieve design elements or features in the design standards of LUC 20.25A.140 through 20.25A.180, and the modification does not interfere with preserving view corridors. Where a modification has been granted under LUC 20.25A.060.B.2.c, the upper-level stepback may be incorporated between 25 feet and the level of the first floor plate above 45 feet; or
c. The modification is necessary to provide a property owner with the same development opportunity as an adjacent existing development that did not incorporate an upper-level stepback. Where the upper-level stepback on properties immediately adjacent to a site is less than the upper-level stepback required by subsection C.1 of this section, the required upper-level stepback may be modified as set forth in this subsection. The modification shall be determined by connecting the portion of each adjacent structure that encroaches into the required upper-level stepback. The line established represents the upper-level stepback for the site.
Figure 20.25A.075.C.2.
(Ord. 6839, 3-4-25, § 12; Ord. 6377, 10-16-17, § 2)
20.25A.080 Parking standards.
A. General. The provisions of LUC 20.20.590, except as they conflict with this section, apply to development in Downtown.
B. Minimum/Maximum Parking Requirement by Use – Specified Uses. This subsection supersedes LUC 20.20.590.F.1. Subject to LUC 20.20.590.G, 20.20.590.H, and 20.20.590.L, the property owner shall provide at least the minimum and may provide no more than the maximum number of parking stalls as indicated below unless modified pursuant to applicable departure allowances contained in this section:
Downtown Parking Requirements
Unit of Measure | -O-1, -O-2 | -R, -MU, -OB, -OLB | |||
|---|---|---|---|---|---|
Min. | Max. | Min. | Max. | ||
a. Auditorium/Assembly Room/Exhibition Hall/Theater/Commercial Recreation (1) | per 8 fixed seats or per 1,000 nsf (if there are no fixed seats) | 1.0 (10.0) | 2.0 (10.0) | 1.5 (10.0) | 2.0 (10.0) |
b. Financial Institution | per 1,000 nsf | 3.0 | 4.0 | 4.0 | 5.0 |
c. Funeral Home/Mortuary (1) | per 5 seats | 1.0 | 1.0 | 1.0 | no max. |
per 1,000 nsf | 2.0 | 3.5 | 2.0 | 3.5 | |
e. Home Furnishing/Retail/Major Appliances – Retail | per 1,000 nsf | 1.5 | 3.0 | 1.5 | 3.0 |
f. Hospital/In-Patient Treatment Facility/Outpatient Surgical Facility | per 1.5 patient beds | 1.0 | 2.0 | 1.0 | 2.0 |
g. Manufacturing/Assembly (Other than High Technology/Light Industrial) | per 1,000 nsf | 0.7 | 1.0 | 1.0 | 1.5 |
h. Office (Business Services/Professional Services/General Office) (3) | per 1,000 nsf | 2.0 | 2.7 | 2.5 | 3.0 |
i. Office (Medical Dental/Health Related Services) | per 1,000 nsf | 3.0 | 4.0 | 4.0 | 5.0 |
j. Personal Services: | |||||
Without Fixed Stations | per 1,000 nsf | 2.0 | 2.0 | 2.0 | 3.0 |
With Fixed Stations | per station | 0.7 | 2.0 | 1.0 | 1.5 |
per unit | 0 | 2.0 | 2.0 | ||
l. Restaurant | per 1,000 nsf | 0 | 15.0 | 10.0 (4) | 20.0 |
m. Retail | per 1,000 nsf | 3.3 | 5.0 | 4.0 (4) | 5.0 |
n. Retail in a Mixed Development (except Hotel) (2) | per 1,000 nsf | 0 | 3.3 | 2.0 (4) | 4.0 |
o. Senior Housing (7): | |||||
per patient bed | 0.4 | 0.8 | 0.4 | 0.8 | |
Senior Citizen Dwelling or Congregate Care | per living unit | 0 | 1.0 | 0.33 | 1.0 |
nsf = net square feet (see LUC 20.50.036)
Notes to Parking Requirements:
(1)Room or seating capacity, as specified in the International Building Code, as adopted and amended by the City of Bellevue, at the time of the application, is used to establish the parking requirement.
(2)If retail space in a mixed development exceeds 20 percent of the gross floor area of the development, the retail use parking requirements of subsection B of this section apply to the entire retail space.
(3) Special Requirement in Perimeter Overlays: The Director may require the provision of up to 3.5 parking stalls per 1,000 net square feet for office uses within the Perimeter Overlays to avoid potential parking overflow into adjacent Land Use Districts outside Downtown.
(4)Parking for existing buildings in the DT-OB District shall be provided according to the criteria set forth in this Note (4).
(a) Existing Building Defined: For this Note (4), “existing building” shall refer to any building in existence as of December 31, 2006, or any building vested as of December 31, 2006, per LUC 20.40.500, and subsequently constructed consistent with the 2006 vesting.
(b)First 1,500 Net Square Feet of a Restaurant or Retail Use – No Parking Required. The first 1,500 net square feet of a restaurant or retail use located in an existing building shall have a minimum parking ratio of zero.
(c) Restaurant or Retail Uses in Excess of 1,500 Net Square Feet: A restaurant or retail use that exceeds 1,500 net square feet and is located within an existing building shall provide parking according to the above table for any floor area in excess of 1,500 net square feet.
(d)Limitation on Applicability of Note (4).
(i)Buildings that do not meet the definition of an existing building shall provide parking for all uses according to the above table.
(ii)Parking in existing buildings for uses other than restaurant and retail uses shall be provided according to the above table.
(5)The minimum requirement for studio apartment units available to persons earning 60 percent or less than the median income as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area is 0.25 stalls per unit.
(6)Visitor parking shall be provided in residential buildings at a rate of one stall per 20 units, but in no case shall the visitor parking be less than one stall. For affordable housing and market rate multifamily dwelling uses with frequent transit service, the required visitor parking per unit shall be proportionately reduced for a combined number of resident and visitor parking per unit to not exceed a parking ratio of 0.75:unit.
(7)See LUC 20.20.590.L for affordable housing, market rate multifamily dwelling, and senior housing minimum parking standards when these residential uses are located near frequent transit service.
(8)See LUC 20.25A.070.C.2.b for affordable housing minimum parking standards for projects meeting the amenity incentive system requirements of LUC 20.25A.070.C.2.a.
C. Shared Parking.
1. General. In Downtown, this subsection supersedes LUC 20.20.590.I.1.
2. Subject to compliance with other applicable requirements of City Codes, the Director may approve shared development or use of parking facilities located on adjoining separate properties or for mixed-use or mixed retail use development on a single site through approval of an Administrative Departure pursuant to LUC 20.25A.030.D.1 and if:
a. A convenient pedestrian connection between the properties or uses exists; and
b. The availability of parking for all affected properties or uses is indicated by directional signs, as permitted by Chapter 22B.10 BCC (Sign Code).
3. Number of Spaces Required.
a. Where the uses to be served by shared parking do not overlap their hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements; and
b. Where the uses to be served by shared parking have overlapping hours of operation, the Director may approve a reduction of up to 20 percent of the total required parking stalls if the following criteria are met:
i. The reduction is supported by a parking demand analysis performed by a professional independent traffic engineer;
ii. The parking demand analysis adheres to professional methods and is supported by:
(1) Documentation of the estimated shared parking demand for the proposed use; and
(2) Evidence in available technical studies or manuals relating to the proposed mix of shared uses;
iii. The parking demand analysis for the proposed mix of shared uses may take into consideration how parking supply for a similar use has been calculated and performed at other locations in Bellevue, where available, or comparable circumstances in other jurisdictions;
iv. Required visitor parking for residential uses, and secured/gated parking that is dedicated to residential uses only, shall not be included in the number of parking stalls available for shared use.
4. Documentation Required. Prior to establishing shared parking or any use to be served thereby, the property owner or owners shall file with the King County Recorder’s Office or its successor agency, a written agreement approved by the Director providing for the shared parking use. A copy of the written agreement shall be retained by the Director in the project file. The agreement shall be recorded on the title records of each affected property.
D. Off-Site Parking Location.
1. General. In Downtown, this subsection supersedes LUC 20.20.590.J. Except as provided in subsection D.2 of this section, the Director may approve a portion of the approved parking through approval of an Administrative Departure pursuant to LUC 20.25A.030.D.1 for a use to be located on a site other than the subject property if:
a. Adequate visitor parking exists on the subject property; and
b. Adequate pedestrian, van or shuttle connections between the sites exist; and
c. Adequate directional signs in conformance with Chapter 22B.10 BCC (Sign Code) are provided.
2. Downtown-R District Limitations. Parking located in the DT-R District may only serve uses located in that district unless otherwise permitted through Design Review, Part 20.30F LUC, and then, only if such parking is physically contiguous and functionally connected to the use that it serves in an adjacent Land Use District.
3. Short-Term Retail Parking Facilities. The Director may approve the development of short-term retail parking facilities (see definition at LUC 20.50.040) not associated with a specific use. Upon the separate approval of an Administrative Departure pursuant to LUC 20.25A.030.D.1 by the Director, a property owner or owners may satisfy all or a portion of the parking requirement for a specified retail use through an agreement providing parking for the use at a designated short-term retail parking facility; provided, that:
a. Adequate pedestrian, van or shuttle connections exist between the sites; and
b. Adequate directional signs in conformance with Chapter 22B.10 BCC (Sign Code) are provided.
4. Documentation Required. Prior to establishing off-site parking or any use to be served thereby, the property owner or owners shall file with the King County Recorder’s Office (or its successor agency) a written agreement approved by the Director providing for the shared parking use. The agreement shall be recorded on the title records of each affected property and a copy of the recorded document shall be provided to the Director.
E. Commercial Use Parking.
1. Any parking facilities or parking stalls located in Downtown and developed to meet the requirements of the Land Use Code for a particular use may be converted to commercial use parking (see definition at LUC 20.50.040); provided, that the property owner shall:
a. Comply with all parking and dimensional requirements and with the performance standards for parking structures of this Part 20.25A LUC.
b. If the parking facility or parking stalls proposed for commercial use were approved for construction subsequent to the effective date of Ordinance 2964 (enacted on March 23, 1981), the commercial use parking facility or parking stalls shall comply with all landscaping requirements set forth at LUC 20.25A.110.
c. If the parking facility or parking stalls proposed for commercial use were approved for construction prior to the effective date of Ordinance 2964 (enacted on March 23, 1981), and the commercial use parking facility occupies more than 30 spaces, the minimum landscaping requirements of this Code shall be deemed met where the property owner installs landscaping in compliance with an approved landscaping plan that achieves the following objectives:
i. Surface parking areas shall be screened from street level views to a minimum height of four feet by a wall, hedge, berm or combination thereof.
ii. The minimum width of any hedge planting area shall be three feet.
iii. Visual relief and shade shall be provided in the parking area by at least one deciduous shade tree (12 feet high at planting) for every 20 parking stalls, provided such trees shall not be required in covered or underground parking. Each tree planting area shall be at least 100 square feet in area and four feet in width, and shall be protected from vehicles by curbing or other physical separation. If irrigation is provided, the planting area may be reduced to 40 square feet.
iv. The proposed landscaping plan shall be reviewed by the Director for compliance with these objectives and shall be approved by the Director prior to initiation of the commercial use parking.
2. Assurance Device. The Director may require an assurance device pursuant to LUC 20.40.490 to ensure conformance with the requirements and intent of this subsection.
F. Parking Area and Circulation Improvements and Design.
1. Landscaping. This subsection F.1 supersedes LUC 20.20.590.K.7. The property owner shall provide landscaping as required by LUC 20.25A.110.
2. Compact Parking. This subsection F.2 supersedes LUC 20.20.590.K.9. The Director may approve through an Administrative Departure pursuant to LUC 20.25A.030.D.1, the design and designation of up to 65 percent of the spaces for use by compact cars.
3. Vanpool/Carpool Facilities. The property owner shall provide a vanpool/carpool loading facility that is outside of required driveway or parking aisle widths. The facility shall be adjacent to an entrance door to the structure and shall be consistent with all applicable design standards.
4. Performance Standards for Parking Structures. The Director may approve a proposal for a parking structure through Design Review, Part 20.30F LUC, and an Administrative Departure through LUC 20.25A.030.D.1. The Director may approve the parking structure only if:
a. Driveway openings are limited and the number of access lanes in each opening is minimized;
b. The structure exhibits a horizontal, rather than sloping, building line;
c. The dimension of the parking structure abutting pedestrian areas is minimized, except where retail, service, or commercial activities are provided;
d. The parking structure complies with the standards of LUC 20.25A.140 through 20.25A.180;
e. A wall or other screening of sufficient height to screen parked vehicles is provided at all above-ground levels of the structure consistent with the building’s design. Screening from above shall be provided to minimize the appearance of the structure from adjacent buildings;
f. Safe pedestrian connection between the parking structure and the principal use exists;
g. Loading areas are provided for vanpools/carpools as required by subsection F.3 of this section; and
h. Vehicle height clearances for structured parking shall be at least eight feet for the entry level to accommodate accessible van parking.
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 in a secure location.
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. Director’s Authority to Modify Required Parking. Through approval of an Administrative Departure pursuant to LUC 20.25A.030.D.1, the Director may modify the minimum or maximum parking ratio for any use in subsection B of this section as follows:
1. The modified parking ratio is supported by a parking demand analysis provided by the applicant, including but not limited to:
a. Documentation supplied by the applicant regarding actual parking demand for the proposed use; or
b. Evidence in available planning and technical studies relating to the proposed use; or
c. Required parking for the proposed use as determined by other compatible jurisdictions.
2. Periodic Review. The Director may require periodic review of the proposed 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.
4. To increase the maximum parking ratio, the applicant must show that shared or off-site parking is not available or adequate to meet demand.
5. Any required Transportation Management Program will remain effective. (Ord. 6839, 3-4-25, §§ 86, 87, 88; Ord. 6839, 3-4-25, §§ 13, 14; Ord. 6643, 1-24-22, §§ 5, 6; Ord. 6626, 12-6-21, § 8; Ord. 6575, 4-26-21, § 4; Ord. 6377, 10-16-17, § 2)
20.25A.090 Street and pedestrian circulation standards.
A. Walkways and Sidewalks – Standards and Map.
1. Sidewalk Widths. The minimum width of a perimeter walkway or sidewalk shall be as prescribed in Figure 20.25A.090.A.1, plus a six-inch curb. A planter strip or tree pit shall be included within the prescribed minimum width of the walkway or sidewalk as provided in 20.25A.090A.1, Plate A.
Figure 20.25A.090.A.1.
Table 20.25A.090.A.1 Plate A. PLATE A – Downtown Bellevue Planter Strip/Tree Pits Required
East-West | Planter Strip/Tree Pits |
|---|---|
NE 12th (102nd to I-405) | Planter Strip |
NE 11th (110th to 112th) | Planter Strip |
NE 10th (100th to 106th) | Planter Strip |
NE 10th (106 to I-405) | Planter Strip |
NE 9th (110th to 111th) | Tree Pits |
NE 8th (100th to 106th) | Planter Strip |
NE 8th (106th to 112th) | Planter Strip |
NE 6th (Bellevue Way to 106th) | See Grand Connection provisions in LUC 20.25A.175 |
NE 6th (106th to 108th) | See Grand Connection provisions in LUC 20.25A.175 |
NE 6th (108th to 110th) | Tree Pits |
NE 6th (110th to 112th) | Planter Strip on the south side, Tree Pits on the north side |
NE 4th (100th to I-405) | Planter Strip |
NE 3rd Pl (110th to 111th) | Tree Pits |
NE 2nd Pl (108th to 111th) | Planter Strip |
NE 2nd (Bellevue Way to I-405) | Planter Strip |
NE 1st/2nd (100th to Bellevue Way) | Planter Strip |
NE 1st (103rd to Bellevue Way) | Tree Pits |
Main St (100th to Bellevue Way) | Tree Pits |
Main St (Bellevue Way to I-405) | Planter Strip |
North-South | Planter Strip/Tree Pits |
|---|---|
100th (NE 12th to Main) | Planter Strip |
100th (NE 10th to NE 1st) | Planter Strip |
100th (NE 1st to Main) | Planter Strip |
101st Ave SE (south of Main St) | Tree Pits |
102nd (NE 12th to NE 8th) | Planter Strip |
102nd (NE 1st to south of Main St) | Tree Pits |
103rd (near NE 10th) | Tree Pits |
103rd (NE 2nd to Main St) | Tree Pits |
Bellevue Way (NE 12th to NE 10th) | Planter Strip |
Bellevue Way (NE 10th to NE 4th) | Planter Strip |
Bellevue Way (NE 4th to Main) | Planter Strip |
Bellevue Way (Main to Downtown Boundary) | Planter Strip |
105th (NE 4th to NE 2nd) | Planter Strip |
105th SE (near Main St.) | Planter Strip |
106th (NE 12th to NE 8th) | Planter Strip |
106th (NE 8th to NE 4th) | Tree Pits |
106th (NE 4th to Main St.) | Planter Strip |
106th Pl NE (near NE 12th) | Tree Pits |
107th (NE 2nd to south of Main St.) | Tree Pits |
108th (NE 12th to NE 8th) | Tree Pits |
108th (NE 8th to NE 4th) | Tree Pits |
108th (NE 4th to south of Main St.) | Tree Pits |
109th (near NE 10th) | Planter Strip |
110th (NE 12th to NE 8th) | Planter Strip |
110th (NE 8th to NE 4th) | Planter Strip |
110th (NE 4th to Main St.) | Planter Strip |
111th (NE 11th to NE 9th) | Planter Strip |
111th (NE 4th to NE 2nd) | Planter Strip |
2. Minimum Width. Along any other street not listed in this section, the minimum width of a perimeter walkway or sidewalk is 12 feet plus a six-inch curb. Included in that 12 feet and adjacent to the curb, there shall be a planter strip or tree pit as prescribed in Plate A of this section.
3. Unobstructed Travel Path. Within the width of the walkway or sidewalk, at least six feet of unobstructed travel path shall be maintained for safe pedestrian access in new development. A narrower width may be approved to accommodate sidewalk cafes adjacent to development that was permitted under Part 20.25A LUC prior to October 24, 2017, if the width is consistent with design standards adopted by the Director of Transportation and is consistent with the ADA.
B. Planter Strips and Tree Pits. Planter strips shall be at least five feet wide and as long as the street frontage, excluding curb cuts, driveways, and spacing for utilities. Planter strips and tree pits shall be located adjacent to the curb unless precluded by existing utilities that cannot be reasonably relocated. Tree pits shall be covered with protective grates or pavers. Where stormwater facilities are used in conjunction with tree pits, removable grates shall be utilized. Pursuant to LUC 20.25A.030.D.1, the Director may approve an Administrative Departure for the location or size of tree pits and planter strips if the applicant is unable to meet the requirements of this subsection due to utility placement or other obstructions that are out of the applicant’s control.
C. Downtown Core.
1. Grand Connection as provided in LUC 20.25A.175.
2. Major Public Open Spaces as provided in LUC 20.25A.175.
3. Minor Publicly Accessible Spaces.
a. Purpose. Minor publicly accessible spaces provide relief from high-intensity urban development, serve as visual gateways to the intensive Downtown Core, and provide opportunities for active or passive recreation.
b. Applicability. Minor publicly accessible spaces shall be required when a development in the Downtown Core does not participate in the Amenity Incentive System of LUC 20.25A.070.
c. Location. Minor publicly accessible spaces shall be located in Downtown. At least two spaces shall be located in each superblock based on the coordination of design and proximity to other publicly accessible spaces, or pedestrian connections.
d. Design Standards.
i. A minor publicly accessible space shall be open at least during the hours of 8:00 a.m. to 10:00 p.m., or during the hours of operation of adjacent uses, whichever is lesser;
ii. A minor publicly accessible open space shall be developed as a plaza, enclosed plaza, or art or landscape feature. The design criteria of LUC 20.25A.070.D.4 Amenity 2 or Amenity 7 shall be met, and the FAR amenity bonus may be utilized; and
iii. Directional signage shall identify circulation routes for all users and state that the space is accessible to the public at the times specified by subsection C.3.d.ii of this section. The signage shall be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this section and achieves the design objectives for the building and the site.
e. Public Access – Legal Agreement.
i. Owners of property that is used for a minor publicly accessible open space shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of operation.
ii. The agreement shall provide that the public right for pedestrian use shall be enforceable by the City of Bellevue, and the City shall have full rights of access to the minor publicly accessible space and associated circulation routes for purposes of enforcing the rights of the public under this agreement.
iii. Owners of property subject to this legal agreement shall maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access, and are consistent with this section.
iv. The agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director. (Ord. 6839, 3-4-25, § 15; Ord. 6580, 6-21-21, §§ 13 – 16; Ord. 6377, 10-16-17, § 2)
20.25A.100 Downtown pedestrian bridges.
A. Where Permitted. Pedestrian bridges over the public right-of-way may be allowed at or near the mid-block in the following locations; provided, that no more than one bridge may be allowed on any side of a 600-foot superblock:
1. On NE 4th Street between Bellevue Way and 110th Avenue NE;
2. On NE 8th Street between Bellevue Way and 110th Avenue NE; and
3. On Bellevue Way between NE 4th Street and NE 8th Street.
Above-grade pedestrian crossings over the public right-of-way in existence at the time of adoption of the ordinance codified in this section shall not be considered nonconforming, and may be repaired or replaced in their current locations without compliance with this section.
B. Location and Design Plan. The City Council shall review any Downtown Pedestrian Bridge Location and Design Plan, by entering into a Development Agreement pursuant to the terms of LUC 20.25A.030.D.2.
1. Prior to issuance of any permits for a proposed Downtown pedestrian bridge, a Downtown Pedestrian Bridge Location and Design Plan shall be submitted to and approved by the City Council, through a Development Agreement consistent with Chapter 36.70B RCW.
2. A Downtown Pedestrian Bridge Location and Design Plan shall identify the location of the Downtown pedestrian bridge, include a finding by Council that the proposal satisfies the public benefit test set forth in subsection C of this section, be consistent with the development standards of subsection D of this section, and be consistent with the Comprehensive Plan.
3. The Director shall ensure that the approved Downtown pedestrian bridge is constructed consistent with the Design Plan. Modification to the location of the Downtown pedestrian bridge, or to the articulated public benefits requires approval by the City Council pursuant to this section. Modifications to the design of the crossing that do not modify the location or public benefits, and that are consistent with the intent of the Design Plan may be approved by the Director through the process set forth in Part 20.30F LUC.
4. The property owners shall record the approved Design Plan with the King County Recorder’s Office or its successor agency and provide a copy to the Director.
C. Public Benefit Required. The Council may approve, or approve with modifications, a proposed Downtown pedestrian bridge if it finds that the bridge provides a public benefit. For the purposes of this section, a Downtown pedestrian bridge shall be determined to provide a public benefit when it meets all of the following criteria:
1. The bridge improves pedestrian mobility;
2. The bridge does not detract from street level activity; and
3. The bridge functions as part of the public realm.
D. Development Standards. Each proposed Downtown pedestrian bridge shall be developed in compliance with the following standards:
1. The bridge shall be open from at least 6:00 a.m. to midnight, or during the hours of operation of adjacent uses, whichever is greater. Signs shall be posted in clear view stating that the pedestrian bridge is open to the public during these hours;
2. The bridge connects upper-level publicly accessible space to upper-level publicly accessible space and provides a graceful and proximate connection between the sidewalk and bridge level that is visible and accessible from the sidewalk. The vertical connection shall occur within 50 feet of the sidewalk;
3. Vertical circulation elements shall be designed to indicate the bridge is a clear path for crossing the public right-of-way;
4. Directional signage shall identify circulation routes for all users;
5. Structures connected by the bridge shall draw pedestrians back to the sidewalk at the ground level immediately adjacent to both ends of the pedestrian bridge;
6. It is preferred that the bridge remain unenclosed on the sides, but allow enclosure or partial enclosure if the applicant demonstrates it is necessary for weather protection;
7. Visual access shall be provided from the sidewalk and street into the bridge;
8. Bridge may not diverge from a perpendicular angle to the right-of-way by more than 30 degrees;
9. The interior width of the bridge, measured from inside face to inside face, shall be no less than 10 feet and no more than 14 feet;
10. Bridge shall be located at the second building level, with a minimum clearance of 16 feet above the grade of the public right-of-way;
11. Impacts on view corridors, as described in LUC 20.25A.150.A and E, shall be minimized;
12. Impacts on the function of City infrastructure, including but not limited to utilities, lighting, traffic signals, etc., shall be avoided or mitigated;
13. Lighting shall be consistent with public safety standards; and
14. Signage on the exterior of the bridge, or on the interior of the bridge that is visible from a public sidewalk or street, is not permitted.
E. Public Access – Legal Agreement.
1. Owners of property that is used for pedestrian bridge circulation and access between the bridge and public sidewalk shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of bridge operation.
2. The agreement shall provide that the public right for pedestrian use shall be enforceable by the City of Bellevue, and the City shall have full rights of access for the pedestrian bridge and associated circulation routes for purposes of enforcing the rights of the public under this agreement.
3. Owners of property subject to this legal agreement shall maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access and consistent with this section.
4. The agreement shall be recorded with the King County Recorder’s Office or its successor agency and a copy provided to the Director. (Ord. 6839, 3-4-25, § 16; Ord. 6377, 10-16-17, § 2)
20.25A.110 Landscape development.
A. Street Trees and Landscaping – Perimeter – Plate B.
1. Tree Species. The property owner shall install street trees, in addition to any landscaping required by LUC 20.25A.110.B, according to the requirements of LUC 20.25A.110.A.1, Plate B of this section as now or hereafter amended.
Table 20.25A.110.A.1 Plate B. Plate B – Downtown Bellevue Street Tree Species Plan
East-West | Proposed Street Trees | Tree Size |
|---|---|---|
NE 12th (102nd to I-405) | Pear: Pyrus calleryana ‘Glens form’ | Small |
NE 11th (110th to 112th) | ‘Katsura: Cercidiphyllum japonicum’ | Large |
NE 10th (100th to 106th) | Tupelo: Nyssa sylvatica ‘Firestarter’ | Medium |
NE 10th (106th to I-405) | Zelkova serrata ‘Village Green’ | Medium |
NE 9th (110th to 111th) | Katsura: Cercidiphyllum japonicum | Large |
NE 8th (100th to 106th) | Honeylocust: Gleditsia tricanthos ‘Shademaster’ | Medium |
NE 8th (106th to 112th) | Pac Sunset Maple: Acer truncatum x platanoides ‘Warrenred’ | Medium |
NE 6th (Bellevue Way to 106th) | Honeylocust: Gleditsia tricanthos ‘Shademaster’ | Medium |
NE 6th (106th to I-405) | Katsura: Cercidiphyllum japonicum | Large |
NE 4th (100th to I-405) | Autumn Blaze Maple: Acer x Freemanii ‘Jeffersred’ | Large |
NE 3rd Pl. (110th to 111th) | Tupelo: Nyssa sylvatica ‘Firestarter’ | Large |
NE 2nd Pl. (108th to 111th) | Persian ironwood: Parrotia persica ‘Vanessa’ | Medium |
NE 2nd (Bellevue Way to I-405) | English oak: Quercus robur ‘Pyramich’ | Large |
NE 1st/2nd (100th to Bellevue Way) | Hungarian oak: Quercus frainetto ‘Schmidt’ | Large |
NE 1st (103rd to Bellevue Way) | Ginkgo: Ginkgo biloba ‘Magyar’ | Medium |
Main St. (100th to Bellevue Way) | Ginkgo: Ginkgo biloba ‘Magyar’ | Medium |
Main St. (Bellevue Way to I-405) | Tupelo: Nyssa sylvatica ‘Afterburner’ | Medium |
North-South | Proposed Street Trees | Tree Size |
|---|---|---|
100th (NE 12th to NE 10th) | Pear: Pyrus calleryana ‘Aristocrat’ | Small |
100th (NE 10th to NE 1st) | Scarlet oak: Quercus coccinia | Large |
100th (NE 1st to Main St.) | Ginkgo: Ginkgo biloba ‘Magyar’ | Medium |
101st Ave SE (south of Main St.) | Katsura: Cercidiphyllum japonicum | Large |
102nd (NE 12th to NE 8th) | Miyabe maple: Acer miyabei ‘Rugged Ridge’ | Large |
102nd (NE 1st to south of Main St.) | Katsura: Cercidiphyllum japonicum | Large |
103rd (near NE 10th) | Ginkgo: Ginkgo biloba ‘Autumn Gold’ | Medium |
103rd (NE 2nd to Main St.) | Katsura: Cercidiphyllum japonicum | Large |
Bellevue Way (NE 12th to NE 10th) | Tulip tree: Liriodendron tulipifera ‘JFS-oz’ | Large |
Bellevue Way (NE 10th to NE 4th) | Honeylocust: Gleditsia tricanthos ‘Shademaster’ | Medium |
Bellevue Way (NE 4th to Main St.) | Tulip tree: Liriodendron tulipifera ‘JFS-oz’ | Large |
105th (NE 4th to NE 2nd) | Sweetgum: Liquidambar styraciflua ‘Worplesdon’ | Large |
105th SE (near Main St.) | London planetree: Platanus x acerifolia ‘Bloodgood’ | Large |
106th (NE 12th to NE 8th) | Elm: Ulmus propinqua ‘Emerald Sunshine’ | Large |
106th (NE 8th to NE 4th) | Elm: Ulmus Americana ‘Jefferson’ | Large |
106th (NE 4th to Main St.) | Elm: Ulmus ‘Morton Glossy’ | Large |
106th Pl NE (near NE 12th) | London planetree: Platanus x acerifolia ‘Bloodgood’ | Large |
107th (NE 2nd to south of Main St.) | Hornbeam: Carpinus caroliniana ‘Palisade’ | Medium |
108th (NE 12th to NE 8th) | Persian ironwood: Parrotia persica ‘Ruby Vase’ | Medium |
108th (NE 8th to NE 4th) | Sweetgum: Liquidambar styraciflua ‘Worplesdon’ | Large |
108th (NE 4th to south of Main St.) | Zelkova serrata ‘Green Vase’ | Medium |
109th (near NE 10th) | Linden: Tilia cordata ‘Chancole’ | Large |
110th (NE 12th to NE 8th) | Linden: Tilia americana ‘Redmond’ | Large |
110th (NE 8th to NE 4th) | Zelkova serrata ‘Village Green’ | Medium |
110th (NE 4th to Main St.) | Red maple: Acer rubrum ‘Somerset’ | Large |
111th (NE 11th to NE 9th) | Ginkgo: Ginkgo biloba ‘Autumn Gold’ | Medium |
111th (NE 4th to NE 2nd) | Ginkgo: Ginkgo biloba ‘Autumn Gold’ | Medium |
112th (NE 12th to Main St.) | Scarlet oak: Quercus coccinia | Large |
2. Street Landscaping. Street trees together with shrubbery, groundcover and other approved plantings are required in a planter strip along the length of the frontage. Vegetation included in the planter strip shall be able to withstand urban conditions and shall contain plantings native to the region.
3. Installation and Irrigation.
a. Installation. Street trees, at least 2.5 inches in caliper or as approved by the Director, shall be planted at least three feet from the face of the street curb, and spaced a maximum of 20 feet for small trees, 25 feet for medium trees, and 30 feet for large trees. The size of the tree shall be determined by Plate B of this section, as now or hereafter amended. A street tree planting area may also include decorative paving and other native plant materials, except grass that requires mowing. The use of planter strips for stormwater treatment is encouraged. Installation shall be in accordance with the Parks and Community Services Department Environmental Best Management Practices and Design Standards, as now or hereafter amended.
b. Irrigation. A permanent automatic irrigation system shall be provided at the time of installation of street trees and sidewalk planting strip landscaping located in a required planter strip or tree pit. The use of rainwater to irrigate is encouraged. Rainwater irrigations systems that do not meet the total demand for landscape water, shall be served by a separate water meter installed by the applicant and served by City-owned water supply with 24-hour access by the City. The irrigation system shall be designed per the Parks and Community Services Department Environmental Best Management Practices and Design Standards, as now or hereafter amended.
4. Species Substitution. If a designated tree species is not available due to circumstances such as disease or pest infestation, it may be substituted with a different species or cultivar as approved by the Director as an Administrative Departure pursuant to LUC 20.25A.030.D.1. The substitution shall be of the same size and canopy spread as the tree species that is being replaced.
B. On-Site Landscaping.
1. The provisions of LUC 20.20.520, except as they conflict with this section, apply to development in Downtown.
2. Site perimeter and parking structure landscaping shall be provided in Downtown Land Use Districts and Perimeter Overlays according to the following chart, Landscape Development Requirements. In addition, street trees may be required by LUC 20.25A.110.A.1.
Chart 20.25A.110 Landscape Development Requirements
Land Use District/Overlay | Location On-Site | ||
|---|---|---|---|
Rear Yard | Side Yard | ||
DT-O-1 DT-O-2 DT-OB | If buffering a parking area – 8′ Type III (1) | None Required | None Required |
DT-MU DT-R DT-OLB Perimeter Overlay | If buffering a parking area – 8′ Type III (1) | If buffering a surface vehicular access or parking area – 5′ Type III | If buffering a surface vehicular access or parking area – 5′ Type III |
(1)An alternative design may be approved through Alternative Landscaping Option, LUC 20.20.520.J, through the Administrative Departure process contained in LUC 20.25A.030.D.1.
C. Linear Buffer.
1. Applicability. The standards of this subsection supplement other landscape requirements of this Part 20.25A LUC and LUC 20.20.520 for development in the Perimeter Overlay.
2. Linear Buffers Required within Minimum Setback from the Downtown Boundary.
a. General. Any development situated within Perimeter Overlays A-1 and A-2 shall provide a linear buffer within the minimum setback from the Downtown boundary required by LUC Chart 20.25A.060.A.4. The purpose of this feature is to produce a green buffer that will soften the visual impact of larger buildings as viewed from the lower intensity Land Use Districts adjacent to Downtown. These design standards are minimum requirements for the size and quantity of trees and other linear buffer elements. The specific design of the linear buffer for each project shall be determined through the Design Review process. Design considerations include, but are not limited to, the placement of elements and their relationship to adjacent property as well as to the proposed development. Different sets of design standards apply to each of the locational conditions.
b. Measurement of the Minimum Setback from Downtown Boundary.
i. Perimeter Overlay A-1. The minimum setback from the Downtown Boundary is measured from the back of the required sidewalk.
ii. Perimeter Overlay A-2. The minimum setback is measured from the Downtown Boundary when it abuts property outside of the Downtown other than right-of-way, unless relocated pursuant to LUC Chart 20.25A.060.A.4 Note 6. The minimum setback from the Downtown Boundary is measured from the back of curb when adjacent to a right-of-way.
3. Requirements for All Linear Buffers. All linear buffers:
a. Shall have a minimum width of 20 feet;
b. Shall not be used for parking, and vehicular access drives shall be no more than 25 percent of the total area of the linear buffer;
c. Shall include seasonal color in an amount of at least 10 percent of the linear buffer area; and
d. Shall utilize native species for at least 50 percent of the plantings located within the linear buffer area.
4. Linear buffers that are adjacent to rights-of-way or public property shall have:
a. Three deciduous trees, with a minimum caliper of 2.5 inches, per each 1,000 square feet of the linear buffer area.
b. Two flowering trees, with a minimum caliper of two inches, per each 1,000 square feet of linear buffer area.
c. Ten evergreen shrubs, minimum five-gallon size, per 1,000 square feet of the linear buffer area.
d. Living ground cover that provides cover of unpaved portions of the linear buffer within three years.
e. Walls and fences that do not exceed 30 inches.
f. Accessibility Both Visually and Physically. The linear buffer shall abut and be within three feet in elevation of the required sidewalk, or alternative access shall be provided.
g. Allowed Hardscape in Perimeter Overlay A-1. Seventy-five percent of the linear buffer shall be planted in Perimeter Overlay A-1. The other 25 percent may be paved with pervious pavement, brick, stone or tile in a pattern and texture that is level and slip resistant. The paved portion of the linear buffer may be used for private recreational space and residential entries.
5. Where the Downtown Boundary abuts property outside Downtown other than right-of-way or public property, the minimum setback from the Downtown Boundary (or perimeter property lines when the setback has been relocated pursuant to Note 6 of subsection LUC Chart 20.25A.060.A.4) shall be landscaped as follows:
a. The entire linear buffer shall be planted except for allowed paved portions. No portion may be paved except for required vehicular entrance drives, required through-block connections, patios that do not exceed 25 percent of the area of the required linear buffer, and residential entries that do not exceed 25 percent of the area of the required linear buffer.
b. The linear buffer shall be planted with:
i. Evergreen and deciduous trees, with no more than 30 percent deciduous, a minimum of 10 feet in height, at intervals no greater than 20 feet on center;
ii. Evergreen shrubs, a minimum of two-gallon in size, at a spacing of three feet on center; and
iii. Living ground cover so that the entire remaining area will be covered in three years.
D. Fences.
1. No fence may violate the sight obstruction restrictions at street intersections. (See BCC 14.60.240.)
2. Any fence that exceeds eight feet in height requires a Building Permit and shall conform to the International Building Code, as adopted and amended by the City of Bellevue.
3. Height shall be measured from finished grade at the exterior side of the fence. No person may construct a berm upon which to build a fence unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence if the berm was not present.
4. Prohibited Fences. Barbed wire may not be used in fencing in Downtown. Electric fences are not permitted in Downtown. Chain link fences are not permitted in Downtown except:
a. To secure a construction site or area during the period of construction, site alteration or other modification; and
b. In connection with any approved temporary or special event use. (Ord. 6839, 3-4-25, § 17; Ord. 6377, 10-16-17, § 2)
20.25A.120 Green and sustainability factor.
A. General. All new development shall provide landscaping and other elements that meet a minimum Green and Sustainability Factor score. All required landscaping shall meet standards promulgated by the Director to provide for the long-term health, viability, and coverage of plantings. These standards may include, but are not limited to, the type and size of plants, spacing of plants, depth of soil, and the use of drought-tolerant plants. The Green and Sustainability Factor score shall be calculated as follows:
1. Identify all proposed elements, presented in Figure 20.25A.120.A.5.
2. Multiply the square feet, or equivalent unit of measurement where applicable, of each landscape element by the multiplier provided for that element in Figure 20.25A.120.A.5 according to the following provisions:
a. If multiple elements listed in Figure 20.25A.120.A.5 occupy the same physical area, they may all be counted. For example, groundcover and trees occupying the same physical space may be counted under the ground cover element and the tree element.
b. Landscaping elements and other frontage improvements in the right-of-way between the lot line and the roadway may be counted.
c. Elements listed in Figure 20.25A.120.A.5 that are provided to satisfy any other requirements of Part 20.25A LUC may be counted.
d. Unless otherwise noted, elements shall be measured in square feet.
e. For trees, large shrubs and large perennials, use the equivalent square footage of each tree or shrub provided in Figure 20.25A.120.A.5. Tree sizing shall be determined by the Green and Sustainability Factor Tree List maintained by the Director in the Development Services Department. If a tree species is not included on the list, the Director shall determine the size of the proposed tree species.
f. For green wall systems, use the square footage of the portion of the wall that will be covered by vegetation at three years. Green wall systems shall include year-round irrigation and a submitted maintenance plan shall be included as an element in the calculation for a project’s Green and Sustainability Factor Score.
g. All vegetated structures, including fences counted as vegetated walls shall be constructed of durable materials, provide adequate planting area for plant health, and provide appropriate surfaces or structures that enable plant coverage. Vegetated walls shall include year-round irrigation and a submitted maintenance plan shall be included as an element in the calculation for a project’s Green and Sustainability Factor Score.
h. For all elements other than trees, large shrubs, large perennials, green walls, structural soil systems and soil cell system volume; square footage is determined by the area of the portion of the horizontal plane that lies over or under the element.
i. All permeable paving and structural soil credits may not count for more than one-third of a project’s Green and Sustainability Factor Score.
3. Add together all the products calculated in Figure 20.25A.120.A.5 to determine the Green and Sustainability Factor numerator.
4. Divide the Green and Sustainability Factor numerator by the lot area to determine the Green and Sustainability Factor score. A development shall achieve a minimum score of 0.3. On DT-Small Sites, a development shall achieve a minimum score of 0.25.
5. The Director has the final authority in determining the accuracy of the calculation of the Green and Sustainability Factor score.
Table 20.25A.120.A.5.
A. Landscape Elements | Multiplier | |
|---|---|---|
1. Bioretention Facilities and Soil Cells. Bioretention facilities and soil cells shall comply with Bellevue’s Storm and Surface Water Engineering Standards. Bioretention facilities shall be calculated in horizontal square feet. The soil cell systems shall be calculated in cubic feet. The volume of the facility shall be calculated using three feet of depth or the depth of the facility, whichever is less. | 1.2 | |
2. Structural Soil Systems. The volume of structural soil systems can be calculated up to three feet in depth. The volume of structural soil systems shall be calculated in cubic feet. The volume of the facility shall be calculated using three feet of depth or the depth of the facility, whichever is less. | 0.2 | |
3. Landscaped Areas with Soil Depth Less than 24 Inches. | 0.1 | |
4. Landscaped Areas with Soil Depth of 24 Inches or More. | 0.6 | |
5. Preservation of Existing Trees. Existing trees – proposed for preservation shall be calculated at 20 square feet per inch d.b.h. Trees shall have a minimum diameter of six inches at d.b.h. Existing street trees proposed for preservation shall be approved by the Director. | 1.0 | |
6. Preservation of Existing Evergreen Trees Bonus. Existing evergreen trees proposed for this bonus shall be calculated at 20 square feet per inch d.b.h. and shall have a minimum diameter of six inches at d.b.h. | 0.1 | |
7. Shrubs or Large Perennials. Shrubs or large perennials that are taller than two feet at maturity shall be calculated at 12 square feet per plant. | 0.4 | |
8. Small Trees. Small trees shall be calculated at 90 square feet per tree. Consult the Green and Sustainability Factor Tree List for size classification of trees. | 0.3 | |
9. Medium Trees. Medium trees shall be calculated at 230 square feet per tree. Consult the Green and Sustainability Factor Tree List for size classification of trees. | 0.3 | |
10. Large Trees. Large trees shall be calculated at 360 square feet per tree. Consult with the Green and Sustainability Factor Tree List for size classification of trees. | 0.4 | |
B. Green Roofs | ||
1. Green Roof, Two to Four Inches of Growth Medium. Roof area planted with at least two inches of growth medium, but less than four inches of growth medium. | 0.4 | |
2. Green Roof, at Least Four Inches of Growth Medium. Roof area planted with at least four inches of growth medium. | 0.7 | |
C. Green Walls | ||
1. Vegetated Wall. Façade or structural surface obscured by vines. Vine coverage shall be calculated with an estimate of three years’ growth. A year-round irrigation and maintenance plan shall be provided. | 0.2 | |
2. Green Wall System. Façade or structural surface planted with a green wall system. A year-round irrigation and maintenance plan shall be provided. | 0.7 | |
D. Landscape Bonuses | ||
1. Food Cultivation. Landscaped areas for food cultivation. | 0.2 | |
2. Native or Drought-Tolerant Landscaping. Landscaped areas planted with native or drought-tolerant plants. | 0.1 | |
3. Landscape Areas at Sidewalk Grade. | 0.1 | |
4. Rainwater Harvesting. Rainwater harvesting for landscape irrigation shall be calculated as a percentage of total water budget times total landscape area. | 0.2 | |
E. Permeable Paving | ||
1. Permeable Paving, Six to 24 Inches of Soil or Gravel. Permeable paving over a minimum of six inches and less than 24 inches of soil or gravel. | 0.2 | |
2. Permeable paving over at least 24 inches of soil or gravel. | 0.5 | |
F. Publicly Accessible Bicycle Parking | ||
1. Bicycle Racks. Bicycle racks in publicly accessible locations shall be calculated at nine square feet per bike locking space and shall be visible from sidewalk or public area. | 1.0 | |
2. Bicycle Lockers. Bicycle lockers in publicly accessible locations shall be calculated at 12 square feet per locker, and shall be visible from public areas and open for public use. | 1.0 |
(Ord. 6377, 10-16-17, § 2)
20.25A.130 Mechanical equipment screening and location standards.
A. Applicability. The requirements of this section shall be imposed for all new development, and construction or placement of new mechanical equipment on existing buildings. Mechanical equipment shall be installed so as not to detract from the appearance of the building or development.
B. Location Requirements.
1. To the maximum extent reasonable and consistent with building and site design objectives, mechanical equipment shall be located in the building, below grade, or on the roof.
2. Where the equipment must be located on the roof, it shall be consolidated to the maximum extent reasonable rather than scattered.
3. Mechanical equipment shall not be located adjacent to a sidewalk, through-block pedestrian connection, or area designated open to the public, such as a plaza.
C. Screening Requirements.
1. Exposed mechanical equipment shall be visually screened by a predominantly solid, nonreflective visual barrier that equals or exceeds the height of the mechanical equipment. The design and materials of the visual barrier or structure shall be consistent with the following requirements:
a. Architectural features, such as parapets, screen walls, trellis systems, or mechanical penthouses shall be consistent with the architectural style and finish materials of the main building, and as high, or higher than, the equipment it screens.
b. Vegetation or a combination of vegetation and view-obscuring fencing shall be of a type and size that provides a visual barrier at least as high as the equipment it screens and provides 50 percent screening at the time of planting and a dense visual barrier within three years from the time of planting.
c. Screening graphics may be used for at-grade utility boxes.
2. Mechanical equipment shall be screened from above by incorporating one of the following measures, in order of preference:
a. A solid nonreflective roof. The roof may incorporate nonreflective louvers, vents, or similar penetrations to provide necessary ventilation or exhaust of the equipment being screened;
b. Painting of the equipment to match or approximate the color of the background against which the equipment is viewed;
c. Mechanical Equipment Installed on Existing Roofs. The Director may approve alternative screening measures not meeting the specific requirements of this section if the applicant demonstrates that:
i. The existing roof structure cannot safely support the required screening, or
ii. The integrity of the existing roof will be so compromised by the required screening as to adversely affect any existing warranty on the performance of the roof.
D. Exhaust Control Standards.
1. Purpose. Where technically feasible, exhaust equipment shall be located so as not to discharge onto a sidewalk, right-of-way, or area designated accessible to the public; including but not limited to a plaza, through-block connection, pedestrian bridge, and minor publicly accessible space.
2. Exhaust Location Order of Preference. Mechanical exhaust equipment shall be located and discharged based on the following order of preference:
a. On the building roof;
b. On the service drive, alley, or other façade that does not abut a public street, sidewalk or right-of-way;
c. Located above a driveway or service drive to the property such as a parking garage or service court; or
d. A location that abuts a public street or easement; provided, that the exhaust discharge is not directly above an element that has earned FAR Amenity Incentive System points, such as a public plaza.
3. If mechanical exhaust equipment is located as provided in subsection D.2.c or D.2.d of this section, then it shall be deflected from such public space and located at least 16 feet above finished grade, street, easement or other area designated accessible to the public.
4. Exhaust outlets shall not be allowed to discharge to an area that has earned FAR Amenity Incentive System points, such as a public plaza.
E. Modifications. The location and screening of mechanical equipment and exhaust systems are subject to review and approval at the time of land use review. The Director may approve an Administrative Departure pursuant to LUC 20.25A.030.D.1 if the applicant demonstrates that the alternate location or screening measures provide an equal or better result than the requirements of this section.
F. Noise Requirements.
1. Mechanical equipment shall meet the requirements of Chapter 9.18 BCC, Noise Control.
2. The applicant shall be required to demonstrate the mechanical system compliance with the requirements of Chapter 9.18 BCC prior to issuance of a certificate of occupancy. (Ord. 6839, 3-4-25, § 18; Ord. 6377, 10-16-17, § 2)
20.25A.135 Downtown neighborhood specific standards.
A. Eastside Center, Convention Civic Neighborhood.
1. Definition of Neighborhood. The Convention Civic Neighborhood encompasses the area bounded by the centerlines of 110th Avenue NE on the west, NE 8th Street on the north, I-405 on the east, and NE 4th Street on the south.
2. Purpose. The purpose of the Convention Civic Center Neighborhood is to implement the Downtown Subarea policies concerning the Special Opportunity Area, by providing specific standards. These standards will permit the development of cultural, conference, and exhibition facilities and other uses as envisioned by the policies.
3. Development Standards. All provisions of this Part 20.25A LUC shall apply to this neighborhood, with the following exceptions:
a. Within the Convention Civic Neighborhood, maximum lot coverage may be up to 100 percent for buildings in which more than 50 percent of the gross floor area, excluding parking, is comprised of one or more of the following uses: city government facilities, cultural facilities, conference facilities and exhibition facilities.
b. Within the Convention Civic Neighborhood, the building floor area per floor above 40 feet high may be unlimited for buildings and floors in which more than 50 percent of the gross floor area, excluding parking, is comprised of one or more of the following uses: city government facilities, cultural facilities, conference facilities and exhibition facilities.
c. Building types listed in subsections A.3.a and A.3.b of this section shall incorporate special design features as described below.
i. Building façades shall be divided into increments through the use of offsets, facets, recesses, or other architectural features that serve to break down the scale. Roof forms shall incorporate terraces, planting areas, or other elements to soften the rectilinear profile; and
ii. Ground-level building façades and outdoor spaces shall incorporate human-scaled building and landscape details such as recessed entries, water features, weather protection, seasonal flower beds, and a variety of seating and furnishings.
d. Nothing in these provisions shall affect the maximum floor area ratios permitted in the underlying Land Use Districts.
B. Downtown – Old Bellevue Neighborhood.
1. Development Requirements. Development within the Old Bellevue Neighborhood shall comply with the following if the property abuts the named streets:
a. Street Improvements. The applicant shall provide half-street and sidewalk improvements including paving, street trees, lighting and other street furniture comparable to the existing Main Street streetscape between 102nd Avenue and Bellevue Way on:
i. Both sides of Main Street between 100th Avenue and Bellevue Way;
ii. 102nd and 103rd Avenues between SE 1st Street and NE 1st Street;
iii. The west side of Bellevue Way between SE 1st Street and NE 2nd Street;
iv. The east side of 100th Avenue between SE Bellevue Place and NE 1st Street; and
v. Both sides of NE 1st and NE 2nd between 100th Avenue and Bellevue Way.
b. Pedestrian-oriented frontage shall include display windows having mullions that are spaced two to six feet apart. (Ord. 6839, 3-4-25, § 19; Ord. 6377, 10-16-17, § 2)
20.25A.140 Downtown design standards introduction.
The Downtown design standards regulate the design requirements for Downtown, and have the following predominant goals:
A. To ensure that Downtown is viable, livable, memorable, and accessible.
B. To promote design excellence, innovation, and reinforce a sense of place for Downtown.
C. To improve the walkability, streetscapes, and public spaces for Downtown residents, employees, and visitors.
D. To foster a vibrant pedestrian environment by providing a welcoming streetscape with Active Uses, open spaces, street furniture, landscaping, and pedestrian-scaled amenities.
E. To improve connectivity through Downtown and from Downtown to adjacent neighborhoods.
F. To encourage sustainable and green design features, including those that promote water, resource, and energy conservation.
G. To encourage the design of attractive rooftops that contribute to a memorable Downtown skyline.
H. To advance the theme of “City in a Park” for Downtown, create more green features and public open space, and promote connections to the rest of the park and open space system. (Ord. 6839, 3-4-25, § 20; Ord. 6377, 10-16-17, § 2)
20.25A.150 Context.
A. Height and Form of Other Development.
1. Intent. Each new development provides an opportunity to enhance the aesthetic quality of Downtown and its architectural context. The relationship that a development has to its environment is a part of creating a well-designed, accessible, vibrant community.
2. Standards.
a. Locate the bulk of height and density in multi-building projects away from lower intensity Land Use Districts;
b. Minimize off-site impacts from new development, such as lights and noise, by directing them away from adjacent properties and less intense uses; and
c. Use forms, proportions, articulation, materials, colors, and architectural motifs that complement adjacent buildings.
B. Publicly Accessible Open Spaces.
1. Intent. Publicly accessible open spaces including outdoor plazas, Major Pedestrian Open Spaces and Minor Publicly Accessible Spaces are provided for public enjoyment and are areas of respite for those who live and work in the area. Publicly accessible open spaces provide numerous benefits for people, including: active and passive recreation, a place to sit and gather, a place for events, and relief from the built environment. Any negative impacts from new projects to adjacent publicly accessible spaces should be minimized.
2. Standards.
a. Organize buildings and site features to preserve and maximize solar access into existing and new public open spaces wherever possible; and
b. Publicly accessible open spaces shall be clearly accessible from adjoining buildings and public spaces and public rights-of-way.
C. Transportation Elements.
1. Intent. Downtown residents, employees, and visitors depend on safe, inviting, and efficient transportation options. New development is a key link in creating a reliable transportation system with connections to different modes of transportation that place an emphasis on safety for the pedestrian.
2. Standards.
a. Create connections to transit options, walking and biking trails, pedestrian routes, and streets where available; and
b. Coordinate service and parking access to maximize efficiency and minimize negative impacts on adjacent land uses and the pedestrian realm.
D. Gateways.
1. Intent. Entrances and transitions into and within Downtown should provide pedestrians, cyclists, transit passengers, and motorists with a sense of entering into Downtown and its unique urban neighborhood.
2. Standards.
a. Gateway treatments shall be provided consistent with the map in the Gateways and Wayfinding section of the Downtown Subarea Plan in the City of Bellevue Comprehensive Plan; and
b. Gateway treatments shall include architectural or landscape elements.
E. Sunlight and the Surrounding Area.
1. Intent. Outdoor spaces are more enjoyable and functional if they are filled with sunlight. Loss of sunlight and sky view reduces the comfort, quality, and use of publicly accessible open space. Trees and vegetation need sunlight to thrive.
2. Standards.
a. Building placement and massing shall maximize sunlight and sky view for people in adjacent developments and streetscape; and
b. Building placement and massing shall minimize the size of shadows and length of time that they are cast on pedestrians in the streetscape.
(Ord. 6839, 3-4-25, § 21; Ord. 6377, 10-16-17, § 2)
20.25A.160 Site organization.
A. Introduction. Downtown Bellevue is unique in its 600-foot superblock configuration. These large blocks, which constitute the majority of the blocks in Downtown, create greater flexibility in site design. However, they also create a greater need to provide for street activation and coordinated internal circulation.
B. On-Site Circulation.
1. Intent. The vitality and livability of Downtown are dependent on a safe, walkable environment that prioritizes the pedestrian and reduces conflicts between pedestrians and other modes of transportation. The design should encourage the free flow of pedestrians, cyclists, and cars onto, off, and through the site. Walkability includes the creation of through-block pedestrian connections and other paths that offer attractive and convenient connections away from heavy arterial traffic. These connections also break down superblocks into a pedestrian-friendly grid.
2. Standards.
a. Site circulation for servicing and parking shall:
i. Minimize conflicts between pedestrians, bicycles, and vehicles;
ii. Provide access to site servicing and parking at the rear of the building from a lane or shared driveway, if possible;
iii. Provide access to site servicing, such as loading, servicing utilities, vehicle parking, either underground or within the building mass and away from the public realm and public view;
iv. Minimize the area of the site used for servicing through the use of shared infrastructure and shared driveways;
v. Provide service access using through-lanes rather than vehicle turnarounds, if possible; and
vi. Locate above-ground mechanical and site servicing equipment away from the public sidewalk, through-block connections, and open spaces.
b. On-site passenger and guest loading zones, porte-cocheres, and taxi stands shall:
i. Locate loading functions on private property, except as provided below;
ii. Locate passenger and guest loading zones so that the public right-of-way will remain clear at all times;
iii. Locate passenger and guest loading zones to minimize conflicts with pedestrians and other modes of transportation. Limit the number and width of curb cuts and vehicular entries to promote street wall continuity and reduce conflicts with pedestrians, bicyclists, and other modes of transportation;
iv. Provide pedestrian access walkways from the public sidewalk to the building entry without requiring pedestrians to walk in the driveway or come into conflict with vehicles;
v. Provide pull-through drives with one lane that is one-way where they enter from and exit to the street;
vi. Prohibit long-term parking in passenger and guest loading areas;
vii. If private bus activity is anticipated, provide an off-street passenger loading area for this size of a vehicle. Passenger loading functions may not take place in the public right-of-way; and
viii. Only permit passenger loading functions for hotels, other than guest arrival and departure, on streets with moderate intensity, such as a “C” Right-of-Way, via a curb setback loading area. Right-of-way classifications can be found in LUC 20.25A.170.B. Provided: the loading area must have a direct relationship to the building entry, and the required streetscape (curb, sidewalk, and planting strip) widths shall be maintained between the loading area and building entries, and the Director of Transportation has approved the configuration.
c. Pedestrian and cycling connections shall:
i. Include direct, safe, and continuous routes for pedestrians and cyclists;
ii. Provide pedestrian access through the site that is available to all and consistent with the Americans with Disabilities Act;
iii. Include landscaping, pedestrian-scale lighting, and other amenities that enhance use of such connections during every season; and
iv. Locate bicycle parking so that it has direct and visible access to the public street, building entrances, transit, and other bicycle infrastructure.
C. Building Entrances.
1. Intent. Direct access from the public sidewalk to each building animates the street and encourages pedestrian activity to occur in the public realm rather than inside the building.
2. Standard. Building entrances shall be visible and accessible from adjoining Open Spaces.
D. Through-Block Pedestrian Connections.
1. Through-Block Pedestrian Connection Map.
Figure 20.25A.160.D.1.
2. Intent. A through-block pedestrian connection provides an opportunity for increased pedestrian movement through superblocks in Downtown and helps to reduce the scale of the superblocks.
3. Standards.
a. Location. Through-block pedestrian connections are required in each superblock as provided in the map above. A through-block pedestrian connection shall be outdoors, except where it can only be accommodated indoors. The Director may approve a location shift on a through-block pedestrian connection; provided, that it provides similar pedestrian access as would have been required in the map above;
b. Proportionate Share. If a new development is built adjacent to a required through-block pedestrian connection as provided in the map in subsection D.1 of this section, then the applicant shall construct a proportionate share of the through-block pedestrian connection;
c. Hours. A through-block pedestrian connection shall be open to the public 24 hours a day. Provided, if the through-block pedestrian connection is within a building, its hours shall coincide with the hours during which the building is open to the public;
d. Legal Agreement. Owners of property that are required to provide a through-block connection as part of the Design Review process shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of operation;
e. Signage. Directional signage shall identify circulation routes for all users and state the hours that the space is accessible to the public. The signage shall be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this section and achieves the design objectives for the building and the site; and
f. A through-block pedestrian connection shall:
i. Form routes consistent with Figure 20.25A.160.D.1;
ii. Offer a variety of pedestrian amenities;
iii. Incorporate design elements, such as paving, lighting, landscaping, and signage, to identify the through-block pedestrian connection as a public space;
iv. Accentuate and enhance access to the through-block pedestrian connection from the right-of-way by use of multiple points of entry that identify it as a public space;
v. Provide lighting that is pedestrian-scaled, compatible with the landscape design, and improves safety;
vi. Be constructed with durable materials;
vii. Incorporate trees and landscaping to provide enclosure and soften the experience of the built environment;
viii. Consider incorporating artistic elements and/or water features to improve the sensory experience of the space;
ix. Provide access that complies with the Americans with Disabilities Act. Additional access may be provided through the building, if necessary, to meet this requirement;
x. Provide weather protection for pedestrians at key intersections, building entrances, or points of interest;
xi. Be developed as a walkway or a combination walkway and vehicular lane. If the combination walkway and vehicular lane does not have a separate raised walkway, the walkway surface shall be paved with unit paver blocks or other unique paving surface to indicate that it is a pedestrian area;
xii. Incorporate decorative lighting and seating areas; and
xiii. Be visible from surrounding spaces and uses. Provide windows, doorways, and other devices on the through-block connection to ensure that the connection is used, feels safe, and is not isolated from view.
E. Open Space.
1. Intent. Open space is an integral part of a livable urban environment because it provides people a place for recreation, gathering, and reflection in a built environment. A vibrant Downtown includes open spaces that encourage active and passive recreation, spontaneous and planned events, and the preservation of the natural environment for residents, employees, and visitors.
2. Standards.
a. Orient gathering places and walkways toward parks and open spaces. Provide clear and convenient public access to open space amenities;
b. Locate buildings to take maximum advantage of adjacent open spaces;
c. Utilize existing views and focal points, such as water features, in the site organization;
d. Use publicly accessible open space to provide through-block pedestrian connections where possible;
e. Include features and programming opportunities to encourage year-round use;
f. Provide access that complies with the Americans with Disabilities Act, with additional access provided through the building if necessary to meet this requirement;
g. Provide weather protection for pedestrians at key intersections, building entrances, and points of interest;
h. Use design elements, such as surface materials, furnishings, landscaping, and pedestrian-scale lighting that are construction industry premium quality materials, functional, and environmentally sustainable;
i. Maximize safety and comfort by including access to sunlight, clear views to and from adjacent streets and buildings, compliance with the Americans with Disabilities Act, and protection from wind and inclement weather;
j. Provide electrical hookups and areas for staging where possible; and
k. Open space design should not incorporate loading, refuse handling, parking, and other building and site service uses at the ground-level façade, though such activities may be conducted in an open space when reasonable alternatives are not feasible. When the above-referenced activities must be incorporated into an Open Space Design, operational procedures shall require the above-referenced activities to occur after normal business hours.
Figure 20.25A.160.E.3.
(Ord. 6839, 3-4-25, § 22; Ord. 6377, 10-16-17, § 2)
20.25A.170 Streetscape and public realm.
A. Streetscapes.
1. The Pedestrian Environment.
a. Intent. A building should provide a continuous, visually rich pedestrian experience along its ground-floor or second-floor street front where active uses are present. The most important part of a building to a pedestrian is its ground floor, which a person experiences walking past or entering the building. This “pedestrian experience zone” shall 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.
b. Standards.
i. Windows shall be transparent at the street level;
ii. Walls shall utilize a variety of colors and compatible cladding materials;
iii. Façades shall include bays, columns, pilasters, or other articulation at the street level; and
iv. Weather protection, where required, shall define the pedestrian realm.
2. Pedestrians and the Elements.
a. Intent. Provide pedestrians with protection from wind, sun, and rain while allowing light to filter through to the occupants below.
b. Standards.
i. The design of weather protection shall be integrated into the building façade;
ii. Weather protection shall be in proportion to the building and sidewalk, and shall not impact street trees, light fixtures, or other street furniture;
iii. Use durable materials for weather protection;
iv. Awning and marquee designs shall be compatible with the building style and façade design;
v. The minimum height for awnings or marquees is eight feet above finished grade, except as otherwise required in the International Building Code, as adopted and amended by the City of Bellevue;
vi. The maximum height for awnings or marquees is 12 feet above finished grade; and
vii. Weather protection shall follow the pattern of storefronts.
3. Outdoor Spaces.
a. Intent. Provide comfortable and inviting outdoor spaces for a variety of activities during all hours and seasons.
b. Standards.
i. Outdoor areas shall be designed to provide flexibility for programming opportunities and not preclude pedestrian circulation and accessibility;
ii. Courtyards, squares, and plazas shall be located adjacent to ground-floor uses;
iii. Use landscape design elements to define walkways and create transitions from open spaces to the street;
iv. Provide structures, pavilions, and seating areas that are easily accessible and feel safe and secure during day and evening hours; and
v. Provide pedestrian walkways and courtyards in residential or office development areas.
4. Places for Stopping and Viewing.
a. Intent. 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 highly exposed areas.
b. Standards.
i. Provide a variety of seating types such as formal benches, movable seating, and informal seating areas such as wide steps, edges of landscaped planters, and low walls;
ii. Provide seating areas near active retail establishments especially outside eating and drinking establishments and near food vendors; and
iii. Provide seating adjacent to walkways.
5. Artistic Elements.
a. Intent. Artistic elements should complement the character of a site, building or Land Use District as a whole. Art enriches the development by making buildings and open spaces more engaging and memorable. Art is integral to creating a memorable experience for those who live, work, and visit Downtown, especially when the art is integrated into the design of the building or spatial organization of outdoor spaces like plazas and streetscapes. To maximize the opportunities for art on a site, applicants are encouraged to include artists on design teams.
b. Standards. The provision of artistic elements is encouraged and the materials and methods utilized shall withstand public use and weathering if sited outdoors. Any proposed art shall utilize one or more of the following standards:
i. Art shall mark entryways, corners, gateways, and view termini;
ii. Integrate art into building elements, including but not limited to: façades, canopies, lighting, etc.; or
iii. Designate a location for the artwork that activates the public realm and is in scale with its location.
6. Lighting for Sidewalks and Public Spaces.
a. Intent. Pedestrian-scaled lighting should be used to highlight sidewalks, bike racks and lockers, street trees, and other features, and harmonize with other visual elements in the subarea.
b. Standards.
i. Pedestrian-scaled lighting shall be provided along walkways and public open spaces;
ii. Provide lighting for landscaped areas and trees where permitted;
iii. Integrate and conceal fixtures into the design of buildings or landscape walls, handrails, and stairways;
iv. Install foot lighting that illuminates walkways and stairs;
v. Use energy-efficient lighting, such as LED;
vi. Direct bollard lighting downward toward walking surfaces; and
vii. Provide decorative lighting along signature streets on buildings and trees.
7. Signs.
a. Intent. Signs may provide an address, identify a place of business, locate residential buildings or generally offer directions and information. Their function shall be architecturally compatible with and contribute to the character of the surrounding area. Hanging signs should be 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. Signs shall comply with the provisions of the Chapter 22.10B BCC (Sign Code).
b. Guidelines.
i. 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;
ii. Sign lighting should be integrated into the façade of the building;
iii. Signs should be constructed of high-quality materials and finishes;
iv. Signs should be attached to the building in a durable fashion; and
v. Signs should be constructed of individual, three-dimensional letters, as opposed to one single box with cutout flat letters.
8. Parking Structures.
a. Intent. Use design elements to enhance the compatibility of parking garages and integrated structured parking with the urban streetscape.
b. Standards.
i. Where adjacent to a right-of-way, a minimum of 20 feet of the first and second floors measured from the façade inward shall be habitable for commercial activity. The following rights-of-way are excluded from this requirement:
(1) 114th Ave NE;
(2) Through-block pedestrian connections;
(3) Main Street between 112th Ave NE and 114th Ave NE;
(4) NE 2nd Street between 112th Ave NE and 114th Ave NE;
(5) NE 4th Street between 112th Ave NE and 114th Ave NE; and
(6) NE 6th Street between 112th Ave NE and 114th Ave NE;
ii. On a streetscape, openings shall be glazed when adjacent to public right-of-way or adjacent to through-block pedestrian connections above the second floor, except when the openings are adjacent to the freeway, in which case the openings shall be glazed on floor levels above the adjacent freeway;
iii. Openings shall be provided adjacent to interior property lines to avoid blank walls and shall be glazed to function as windows;
iv. Parking garage floors shall be horizontal to accommodate adaptive reuse;
v. Stairways, elevators, and parking entries and exits shall occur at mid-block;
vi. Design a single auto exit/entry control point to minimize number and width of driveway openings (entry and exit points may be separated) and potential conflicts;
vii. Façade treatments and materials shall be used to reduce the visible scale of horizontal structural elements;
viii. Sill heights and parapets shall be sufficient to screen view of automobiles; and
ix. Where glazing is required, the applicant may elect to provide a maximum of 25 percent of the openings of the total perimeter wall area of each level as unglazed or the minimum required openings percentage for natural ventilation established by the applicable International Building Code Section 406.5.2, as amended by the Bellevue Building Code, whichever is greater, to ensure the natural ventilation of the garage.
B. Right-of-Way Designations. Introduction: The Right-of-Way Designations provide design standards for the streetscape organized by Downtown streets. These designations are a representation of the Downtown vision for the future, rather than what currently exists. The designations create a hierarchy of rights-of-way reflecting the intensity of pedestrian activity. The “A” Rights-of-Way are those streets that have the highest amount of pedestrian activity, while the “D” Rights-of-Way would have a smaller amount of pedestrian activity. These standards are intended to provide activity, enclosure, and protection on the sidewalk for the pedestrian.
Figure 20.25A.170.B.
1. Grand Connection/High Streets – “A” Rights-of-Way.
a. Intent. Rights-of-way designated “A” shall have the highest orientation to pedestrians. This shall be achieved by emphasizing the design relationship between the first level of the structure and the horizontal space between the structure and the curb line. This relationship shall emphasize, to the greatest extent possible, both the physical and visual access into and from the structure, as well as the amenities and features of the outside pedestrian space. In order to achieve the intended level of vitality, design diversity, and people activity on an “A” right-of-way, Active Uses shall be provided for in the design.
b. Standards.
i. Transparency. Seventy-five percent minimum;
ii. Weather Protection. Seventy-five percent minimum, six feet deep. When a building is adjacent to two or more rights-of-way, weather protection shall be provided for the two rights-of-way with the highest pedestrian orientation. Refer to subsection A.2 of this section for more guidelines on weather protection;
iii. Points of Interest. Every 30 linear feet of the façade, maximum;
iv. Vehicular Parking. No surface parking or vehicle access shall be allowed directly between sidewalk and main pedestrian entrance; and
v. One hundred percent of the street wall abutting the build-to line shall incorporate Active Uses.
2. Commercial Streets – “B” Rights-of-Way.
a. Rights-of-way designated “B” shall have moderate to heavy orientation to pedestrians. This shall be achieved by developing the design so that there is a close relationship between exterior and internal activities with respect to both physical and visual access. Design attention shall be given to sidewalk-related activities and amenities. “B” rights-of-way are to provide a diverse and active connection between the Active Use dominated “A” rights-of-way, and the other Downtown rights-of-way.
b. Standards.
i. Transparency. Seventy-five percent minimum;
ii. Weather Protection. Seventy-five percent minimum, six feet deep minimum. When a building is adjacent to two or more rights-of-way, weather protection shall be provided for the two rights-of-way with the highest pedestrian orientation. Refer to subsection A.2 of this section for more guidelines on weather protection;
iii. Points of Interest. Every 60 linear feet of the façade, maximum;
iv. Vehicular Parking. No surface parking or vehicle access directly between perimeter sidewalk and main pedestrian entrance; and
v. One hundred percent of the street wall shall incorporate Active Uses and Service Uses, at least 50 percent of which shall be Active Uses.
3. Mixed Streets – “C” Rights-of-Way.
a. Intent. Rights-of-way designated “C” shall have a moderate orientation to pedestrians. This shall be achieved by designing some relationship between exterior and interior activities with respect to visual access. Design attention shall be given to sidewalk-related activities and amenities. “C” rights-of-way are to provide a major pedestrian connection between the core area and residential areas surrounding Downtown.
b. Standards.
i. Transparency. Seventy-five percent;
ii. Weather Protection. Seventy-five percent. When a building is adjacent to two or more rights-of-way, weather protection shall be provided for the two rights-of-way with the highest pedestrian orientation. Refer to subsection A.2 of this section for more guidelines on weather protection;
iii. Points of Interest. Every 75 linear feet of façade, maximum;
iv. Vehicular Parking. No surface parking or vehicle access directly between perimeter sidewalk and main pedestrian entrance; and
v. Fifty percent of street wall shall incorporate Active Uses or Service Uses.
4. Neighborhood Streets – “D” Rights-of-Way.
a. Intent. Rights-of-way designated “D” shall have low to moderate orientation to pedestrians and shall complement residential uses. This shall be achieved by designing some relationship between exterior and interior activities with respect to visual access and by incorporating landscape features that soften the urban edge. Design attention shall be given to sidewalk-related activities and amenities that complement these areas’ residential character and moderate the urban environment, while providing attractive visual access for pedestrians and other passersby.
b. Standards.
i. Transparency. Blank walls and inactive uses may occupy no more than 25 percent of the façade;
ii. Weather Protection. Fifty percent. When a building is adjacent to two or more rights-of-way, weather protection shall be provided for the two rights-of-way with the highest pedestrian orientation. Refer to subsection A.2 of this section for more guidelines on weather protection;
iii. Points of Interest. Every 90 linear feet of façade, maximum; and
iv. Vehicular Parking. No surface parking or vehicle access directly between perimeter sidewalk and main pedestrian entrance.
5. Perimeter Streets – “E” Rights-of-Way.
a. Intent. Rights-of-way designated “E” may have a lower volume of pedestrians. Such rights-of-way are intended to provide a visual buffer between Downtown and surrounding residential neighborhoods. Emphasis shall be placed on how the street is viewed from outside the Downtown. These streets shall provide a graceful transition to adjacent residential Land Use Districts outside of Downtown.
b. Standards.
i. Transparency. Blank walls and inactive uses shall occupy no more than 25 percent of the façade;
ii. Weather Protection. At entries;
iii. Points of Interest. Every 90 linear feet of façade, maximum; and
iv. Vehicular Parking. No surface parking or vehicle access directly between perimeter sidewalk and main pedestrian entrance.
C. Alleys With Addresses.
1. Intent. Alleys with Addresses act as active through-block connections and are faced with a mix of Active Uses and residential uses. Alleys with Addresses shall have a high orientation to pedestrians with any vehicular activity being secondary to the pedestrian. This is achieved by emphasizing the relationship between the vertical street wall and the ground plane devoted to through-block access and the public right-of-way. This relationship should emphasize, to the greatest extent possible, both physical and visual access into and from the structure at frequent intervals, as well as the amenities and features of the outside pedestrian space. To achieve the intended level of vitality, design diversity, and pedestrian activity on an Alley with an Address, retail restaurant, and other commercial entries shall be provided for in the design. Ground floor live/work units and residential units with stoops can also help to bring life to the paths with multiple entrances and meaningful transparency along the building frontage.
2. Standards.
a. At least one entire side of the Alley with an Address shall comply with standards i. through v. for Grand Connection/High Streets – “A” rights-of-way found in subsection B.1.b of this section;
b. Minimum dimension for an alley with an address shall be 20 feet wide exclusive of drive lane widths;
c. Alleys with addresses shall be open to the public 24 hours a day and 7 days a week. Signs shall be posted in clear view stating the Alley with an Address is open to the public during these hours;
d. Each tenant space shall have an exterior entrance facing the alley and be addressed off the alley;
e. An Alley with an Address shall not be enclosed more than half of its length;
f. Wayfinding, signage, symbols, or lighting shall identify the alley as a public space;
g. Alley design shall not incorporate loading, refuse handling, parking, and other building and site service uses at the ground level façade unless such activities are conducted in an Alley when reasonable alternatives are not available. Operational procedures shall encourage the above-referenced activities after normal business hours if feasible; and
h. Provide complete project design for all phases within a project limit to ensure coordinated design and construction across multiple phases.
D. Second-Level Active Uses.
1. Intent. Second-level active uses are intended to activate the ground-level pedestrian environment. This is accomplished through extensive visual access to the second level from the exterior, convenient and frequent access from the street or Alley with an Address, clear line of sight from grade, and visibility of ongoing activity within the second-level active use. A second-level active use should be designed and managed to draw the attention and interest of the pedestrian to the second level and to increase opportunities for interaction and movement between the ground and second level. To achieve the intended level of vitality, design diversity, and human activity at the second-level active use, the following characteristics shall be provided in the design.
2. Standards.
a. Points of physical vertical access between the ground and second levels shall be located no more than 150 feet apart to facilitate frequent pedestrian access to second-level active uses;
b. Each tenant space shall have an exterior entrance;
c. Floor area and building façades directly below second-level active use tenant spaces shall comply with standards i. through v. for Grand Connection/High Streets – “A” rights-of-way found in subsection B.1.b of this section;
d. Visual access shall not be impaired by small, enclosed display windows, window coverings and tinted or reflective glazing; and
e. Visual access into the second-level retail space shall be available from the sidewalk or the alley with an address with frequent clear lines of sight from grade. (Ord. 6839, 3-4-25, § 89; Ord. 6839, 3-4-25, § 23; Ord. 6643, 1-24-22, § 7; Ord. 6580, 6-21-21, §§ 17 – 20; Ord. 6377, 10-16-17, § 2)
20.25A.175 Grand Connection and Major Public Open Spaces.
A. General.
1. The requirements of this section apply in addition to any other applicable requirements and standards provided in this Part 20.25A LUC.
Figure 20.25A.175.A.1.
2. Public Access – Legal Agreement. When required by this section or to receive bonus FAR pursuant to LUC 20.25A.070, the owner of the property shall execute a legal agreement in a form approved by the City Attorney providing that all property that they own that is also located within the Grand Connection and/or Major Public Open Space shall be subject to a nonexclusive right of pedestrian use and access by the public. This legal agreement shall be executed prior to the issuance of any temporary certificate of occupancy and/or certificate of occupancy. The legal agreement shall provide:
a. Legal description of the owner’s property located within the Grand Connection and/or Major Public Open Space and the location and width specified in subsection E of this section;
b. The public right of pedestrian use established thereunder shall be enforceable by the City of Bellevue, and the City shall have full rights of pedestrian access to and use of the Grand Connection and/or Major Public Open Space property for purposes of enforcing the rights of the public under this agreement;
c. The obligations under the agreement shall run with the land;
d. The owner shall design and construct the Grand Connection and/or Major Public Open Space within such property in accordance with the requirements of this section;
e. The agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director;
f. The owner shall maintain the portion of the Grand Connection and/or Major Public Open Space located on their property and keep the same in good repair;
g. No modifications may be made to the Grand Connection and/or Major Public Open Space without approval of the City in accordance with subsections B.4 and C.4 of this section;
h. The alignment of any such portion of the Grand Connection and/or Major Public Open Space established by legal agreement may be modified or terminated by the property owner and the City if the alignment of that portion of the Grand Connection and/or Major Public Open Space changes pursuant to subsection B.4 or C.4 of this section;
i. The owner may adopt reasonable rules and regulations for use of the owner’s portion of the Grand Connection and/or Major Public Open Space; provided, that the same shall not be inconsistent with the requirements, including but not limited to the public access requirements, of this section; and
j. Any other terms and conditions that the owner(s) and the City agree to.
3. Hours. The Grand Connection and Major Public Open Spaces, with the exception of the Downtown Park, shall be open to the public 24 hours per day. Temporary closures will be allowed as necessary for maintenance purposes.
4. Operations. Temporary furnishings for businesses located within the Grand Connection and/or Major Public Open Spaces shall be removed when businesses are closed.
5. Development Rights. Space above and beneath the area to be devoted to the Grand Connection or a Major Public Open Space may be developed by the property owner so long as that development is not in conflict with any established pedestrian use of and access to the Grand Connection and/or Major Public Open Space as required by subsection A.2 of this section. There shall be sufficient depth below and above the area devoted to the Grand Connection and/or Major Public Open Space to accommodate landscaping and other project elements such as lighting and freestanding weather protection.
B. Grand Connection.
1. Purpose. The Grand Connection is intended to serve and facilitate pedestrian use.
2. Where Required.
a. The Grand Connection is located and comprised of seven Rooms as depicted in Figure 20.25A.175.A.1. Rooms are spaces within the Grand Connection that serve as character zones to foster a unique and interesting pedestrian experience. The intent, standards and guidelines for each Room are provided in subsection E of this section.
b. Any application for a permit, approval, or other entitlement for any development, structure, or permanent parking or circulation area shall be reviewed as provided in subsection B.3 of this section if any lot line, structure or permanent parking is located within the Grand Connection route identified in Figure 20.25A.175.A.1.
3. Applicable Review. A design plan for any section of the Grand Connection shall be submitted to and approved by the Director through Design Review, Part 20.30F LUC.
4. Maintenance. Each segment of the Grand Connection shall be maintained by the property owners abutting it, except that the City shall maintain the intersections of all public streets to the back edge of the public sidewalk within the Grand Connection. The owner-applicant shall complete an indemnification and maintenance agreement for review and approval by the Director. The indemnification and maintenance agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director prior to the issuance of certificate of occupancy or a temporary certificate of occupancy for any structure. The maintenance agreement shall include maintenance standards acceptable to the Director for elements of the Grand Connection, including but not limited to walkways, bicycle paths, lighting, and landscaping. The agreement shall further provide maintenance practices to ensure the Grand Connection remains clean, safe, and in a state of good repair for all members of the public to enjoy.
5. Phased Construction, Grand Connection.
a. Where the development of a project is proposed to be phased and the Grand Connection abuts or is adjacent to a later phase, construction of that section of the Grand Connection may be delayed to correspond with that later phase if the owner provides the following in the first phase:
i. An area comprising at least 16 feet in width from the centerline of the Grand Connection west of 108th Avenue NE, or extending outward from the exterior edge of the north or south curb lines of the Bellevue Transit Center traffic lanes. This space shall include a minimum eight-foot unobstructed travel path;
ii. Installation of planting, fixtures, and scored or decorative paving;
iii. Improvements providing a sense of enclosure along the exterior edge of the space by the use of a design element that both physically and visually separates the Grand Connection from abutting property. Examples of such features may include sculptural walls, dense plantings, or berms; and
iv. Other elements for consistency with the applicable provisions of this section, as determined by the Director.
b. At the time of development of the phase abutting or adjacent to the Grand Connection, any improvements installed as an interim condition pursuant to subsection B.5 of this section shall be replaced by improvements that strictly comply with the requirements of this section.
C. Major Public Open Spaces.
1. Purpose. Major Public Open Spaces serve as focal points for pedestrian activity within the Grand Connection.
2. Where Required.
a. Location. General locations of the Major Public Open Spaces are depicted in Figure 20.25A.175.A.1. Major Public Open Spaces are located at or near the intersection of the Grand Connection as provided in subsection B.2.a of this section and:
i. Bellevue Way NE;
ii. 106th Avenue NE; and
iii. 110th Avenue NE.
b. Any application for a permit, approval, or other entitlement for any development abutting a location of the Major Open Public Spaces as provided in subsection C.2.a of this section shall comply with the provisions of this section. Each affected property owner shall comply with the Major Public Open Space design and construction requirements.
3. Design.
a. The Major Public Open Spaces shall be designed with pedestrian amenities to ensure that the Major Public Open Spaces serve as focal points within the Grand Connection. Pedestrian amenities include elements such as seating, lighting, special paving, planting, food and flower vendors, artwork and special recreational features. The design shall be coordinated with that of the Grand Connection standards.
b. The Major Public Open Spaces at or near 106th Avenue NE and 110th Avenue NE shall be a minimum of 30,000 square feet in size. A maximum of 37,000 square feet is allowed for the purpose of obtaining bonus floor area. The Major Public Open Space at or near Bellevue Way NE shall be a minimum of 10,000 square feet in size. A maximum of 15,000 square feet is allowed for the purpose of obtaining bonus floor area.
c. Area devoted to a Major Public Open Space shall be in addition to any area devoted to the Grand Connection.
d. Active Uses are required on at least two sides of a Major Public Open Space unless the Major Public Open Space is linear in design, in which case Active Use frontage is required on at least one side.
4. Specific Development Mechanism.
a. General. The provisions of this subsection C.4 establish specific requirements and alternative development mechanisms for each of the Major Public Open Spaces.
b. Ownership. The owners of property to be devoted to a Major Public Open Space will retain fee ownership of that property.
c. Arrangement of Space. The specific apportionment and specific design of a Major Public Open Space on each affected parcel shall be established through Design Review, Part 20.30F LUC, as described in subsection C.4.d of this section.
d. Design Review.
i. Prior to issuance of a Building Permit for any structure that requires construction of all or part of a Major Public Open Space, or prior to actual construction of all or part of a Major Public Open Space, whichever comes first, Design Review approval, Part 20.30F LUC, is required.
ii. For Design Review approval, the proposed plan shall be consistent with the standards of this section and shall also depict the following elements in the proposal:
(1) Relationship to building frontage;
(2) Specific location of the major public open space;
(3) All design features required pursuant to subsection C.3 of this section; and
(4) Relationship to and coordination with other portions of the Major Public Open Space, and with the Grand Connection.
D. Grand Connection Standards.
1. The Grand Connection is a series of universally designed, cohesive, and connected, yet distinct spaces through Downtown Bellevue. These spaces will include common features and embedded wayfinding elements. Common features include, but are not limited to, color, paving, ecological framework, and integrated artistic elements that result in a unified experience. “Rooms” contain distinctive elements that support context-specific character and are separated by intersections that maintain the pedestrian emphasis. The elements of each Room along the Grand Connection have the following predominant goals:
a. Establish a vibrant cultural corridor that offers enjoyable and memorable experiences;
b. Facilitate both universal access and design by integrating intuitive features within each Room to promote equitable use and safe and accessible opportunities for people to move, explore, gather, and relax;
c. Incorporate human-scaled design elements in paving, landscaping and fixtures; and
d. Offer opportunity to highlight the benefits of a robust ecological framework in a creative, functional, and aesthetic manner.
2. Artistic Elements.
a. Intent. Artistic elements along the Grand Connection facilitate unique, memorable experiences and/or photogenic opportunities. Artistic elements are represented as major or minor. Major artistic elements are standout features that may receive FAR amenity points when in compliance with the requirements for Public Art in the Amenity Incentive System of LUC 20.25A.070.D.4. Minor artistic elements are smaller in scale and may include both permanent and seasonal pieces such as artist-designed furnishings, spaces for street performances, artistic treatments to paving, or exceptional intersection treatments.
b. Where Required. Figure 20.25A.175.A.1 identifies the general location of major artistic elements. There shall be a maximum separation of 150 feet between minor artistic elements, unless the element is integrated or paired with an embedded wayfinding as provided in subsections D.5.b.ii and D.5.b.iii of this section.
c. Standards.
i. Infrastructure throughout the Grand Connection shall be designed to accommodate cultural programming, particularly in spaces that support opportunities for gathering and performing. Examples include space for vendors, food trucks, special events, seasonal venues, or other similar uses;
ii. Provide artistic elements that express the past and present history of the cultural, ecological, and technological contexts of Bellevue;
iii. Integrate or pair artistic elements with embedded wayfinding, as provided in subsections D.5.b.ii and D.5.b.iii of this section, onto building façades, suspended above the pedestrian space as a canopy, on top of awnings, placed in open spaces, or in the landscaping; and
iv. Artistic elements shall be consistent with long-term maintenance needs for Grand Connection facilities.
3. Ecological Framework.
a. Intent. The ecological framework for the Grand Connection enhances the Grand Connection-wide and Room-specific intent statements through the incorporation of resilient ecological systems. The ecological systems shall, at a minimum, provide an engaging experience that frames the path and provides dynamic and memorable year-round sensory experiences for all users within each Room and incorporate visually prominent stormwater features and infrastructure for low impact design.
b. Standards.
i. Plant selections shall provide year-round interest through scale, color, and textural variation;
ii. Plant selections shall support a variety of sensory experiences and ecological functions, including opportunities to serve as pollinators or educate the public about the importance of regional ecology;
iii. Tree species shall be selected for their ability to thrive in an urban setting and be resilient to changing climate conditions, including drought;
iv. Locate trees with consideration given to wind and solar exposure;
v. The use of visually prominent stormwater features and infrastructure, including bioretention swales or planters and rain gardens, is encouraged where feasible. If visually prominent systems are not feasible, designs should incorporate additional low-impact design elements such as rainwater catchment systems and installation of soil cells to support tree plantings;
vi. Maximize the use of seasonal living ground cover to create a strong visual impact;
vii. Expand planter strips where feasible to accommodate living ground cover; and
viii. For all other landscape development-related guidance and standards, refer to LUC 20.25A.110.
4. Fixtures.
a. Intent. Fixtures, including furnishings and lighting, support a safe and welcoming experience for users that also contributes to the identity of the Grand Connection.
b. Standards.
i. Furnishings, which include chairs, loungers, benches, and surfaces for dining, shall incorporate the signature color, as provided in subsection D.7 of this section;
ii. Movable furnishings shall be able to withstand strong wind conditions; and
iii. Pedestrian-scale lighting shall utilize pole-top lighting, catenary lighting, or other fixtures unless otherwise stated in subsection E of this section. Pole-top lighting shall incorporate stainless steel along the length of NE 6th Street and shall accommodate banners.
5. Paving.
a. Intent. Paving treatments strengthen and support the design intent of the Rooms located within the Grand Connection. Embedded wayfinding features should provide subtle and intuitive wayfinding guidance to both guide users along the route and connect them with important elements within each Room, except for the Downtown Park Room.
b. Standards.
i. Provide an unobstructed travel path that integrates banding and bordering to define the pathway edge into the design of at least 10 feet to support safe access for pedestrians and wheeled users for locations that require embedded wayfinding shown in Figure 20.25A.175.D.5.b, except for the Downtown Park and Old Bellevue Rooms.
ii. Paving.
(1) Unit pavers shall be used for sidewalks along the Grand Connection, except in the Downtown Park Room;
(2) Unit pavers shall be rectilinear in shape, and have a maximum dimension of 60 inches;
(3) The paver material shall be concrete, textured brick, or natural stone; and
(4) Improvements to all intersections, except NE 4th Street at Bellevue Way NE, shall follow the exceptional intersection criteria established in the Transportation Department Design Manual, Standard Drawing Number DT-140-1, now or as hereafter amended.
iii. Embedded Wayfinding.
(1) Figure 20.25A.175.D.5.b identifies where embedded wayfinding is required;
(2) Pedestrian routes shall coordinate with and connect to adjacent sites;
(3) The unit paver material shall be black tusk basalt or similar material and color;
(4) The maximum dimension of an embedded wayfinding paver shall be a 60-inch perimeter; and
(5) Embedded wayfinding elements shall be integrated along each Room to guide users through each Room. These elements may include pavers that change in directionality, scale, variation, and aggregation depending on the design of each Room.
Figure 20.25A.175.D.5.b.
6. Primary Entries.
a. Intent. Primary entries support the desire for a vibrant, active pedestrian experience throughout the Grand Connection and build upon the right-of-way designations in LUC 20.25A.170.B.
b. Standard. Primary entries for Active Uses shall face the Grand Connection or Major Public Open Space and be designed to allow for visual and physical connectivity between indoor and outdoor spaces.
7. Signature Color.
a. Intent. The signature color supports the visual identity and sense of cohesion for the Grand Connection.
b. Standard. The signature color for the Grand Connection is called Grand Connection Gold. This is represented as Pantone 1235 C or, alternatively, RAL 1023.
E. Room-Specific Standards.
1. Purpose. Rooms along the Grand Connection, highlighted in Figure 20.25A.175.A.1, foster a unique and interesting pedestrian experience along each block. Room-specific standards complement Grand Connection-wide standards in addition to the standards of this Part 20.25A LUC. Diagrams in this section illustrate standard application but are not intended to suggest design solutions for a site.
2. Transit Central.
a. Intent. Transit Central is the largest mobility hub in Bellevue and a portal to Downtown. Human and vehicle activity converge here, with a transit island flanked by wide concourses that support a lively and interesting pedestrian environment.
b. Standards.
i. Location: the area extending to the north and south sides of NE 6th Street between 108th Avenue NE and 110th Avenue NE;
ii. Width: the Transit Center platform and roadways, including average 30 feet on each side, measured from back-of-curb and no less than 20 feet on each side, measured from back-of-curb;
iii. Artistic Elements: Figure 20.25A.175.A.1 identifies the location where a major artistic element shall be located; and
iv. Ecological Framework: Tree placement and species shall include a double allée of trees on the northern block of NE 6th Street and shall accommodate double-decker bus traffic along NE 6th Street. A flexible pattern may be considered for building frontages with Active Uses.
3. Garden Hillclimb.
a. Intent. The Garden Hillclimb is a relaxing space that includes cascading clusters of lush, fragrant, and colorful plantings paired with water features and interactive elements that the public can enjoy up close and through all their senses.
b. Standards.
i. Location: situated between the Compass Plaza Major Public Open Space and 108th Avenue NE.
ii. Width: 60 feet minimum.
iii. Ecological Framework.
(1) The southwest corner of the intersection of 108th Avenue NE and NE 6th Street shall include a Katsura tree (Cercidiphyllum japonicum) to act as a signature tree and wayfinding element; and
(2) The landscape design shall include plants that are flowering and fragrant, and create full and robust planting areas.
iv. Fixtures.
(1) Provide built-in seating, including seating along raised planters; and
(2) Provide catenary lighting where possible.
v. Pavers.
(1) The signature color, as provided in subsection D.7 of this section, shall be used on the step risers.
4. Compass Plaza.
a. Intent. The Compass Plaza is a signature outdoor venue situated at the heart of Downtown. A civic space where events and activities bring people together, Compass Plaza is a large space that accommodates events and gatherings, complements the surrounding buildings, and is finely detailed and cohesive with a design that is integrated across the entire plaza. Landscaping is integrated throughout to support pedestrian and active uses and contributes to stormwater capture.
b. Standards.
i. Location: situated between 106th Avenue NE to the west and the Garden Hillclimb Room to the east.
ii. Size: identified in subsection C.3.b of this section.
iii. Artistic Elements: Figure 20.25A.175.A.1 identifies the location where a major artistic element shall be located.
iv. Ecological Framework.
(1) The existing large oak tree on site shall be retained and protected to anchor this public space. At the end of its lifecycle, or at such time that the tree has been evaluated by a Qualified Tree Professional and determined to be not viable for retention, it should be replaced with another feature tree of prominent size and stature.
v. Fixtures.
(1) Seating shall be provided, which may be stepped or terraced seating that may also function as step risers. Seating may also be provided that is built in along raised planting areas where possible; and
(2) Bollards shall be provided to define curbless edge between the plaza and the street. Stainless steel bollards with lighting are preferred.
vi. Paving.
(1) Paving on step risers shall utilize the signature color, as provided in subsection D.7 of this section.
5. Plaza as Street.
a. Intent. Plaza as Street is a multipurpose, pedestrian-scaled Room where culture and activity intersect, anchored by the Bellevue Arts Museum. Plaza as Street is designed as a curbless environment with vehicles, yet every element of the design emphasizes a pedestrian orientation. Design of the space, such as the finishes and features, should reflect its connection to the Bellevue Arts Museum.
b. Standards.
i. Location: NE 6th Street, including the area extending to the north and south sides of NE 6th Street between Bellevue Way NE to the west and 106th Avenue NE to the east.
ii. Width: 60 feet minimum, including 2 vehicular travel lanes, and minimum 15 feet measured from the edge of the travel lane to the south and minimum 20 feet measured from the edge of the travel lane to the north for sidewalk access.
iii. Restricted Driveway Access: Vehicular access to properties abutting the Grand Connection shall be from other arterials and private streets.
iv. Artistic Elements: Figure 20.25A.175.A.1 identifies the location where a major artistic element shall be located.
v. Ecological Framework.
(1) Street tree placement shall follow a single row on both sides of the Grand Connection.
(2) Selected street tree species shall provide canopies that are tall and narrow in shape.
vi. Fixtures.
(1) Utilize catenary lighting where possible; and
(2) Bollards shall be provided to define the curbless edge between the plaza and the street. Stainless steel bollards with lighting are preferred.
vii. Plaza pavers shall be a lighter color than the street pavers.
6. Bellevue Way.
a. Intent. Bellevue Way is a hub of activity, where commerce and entertainment converge on a wide sidewalk corridor that is richly designed and furnished. Designated in the Comprehensive Plan as a “Grand Shopping Street,” the Bellevue Way Room features bold and expressive landscaping that also buffers users from the street, and should integrate bioretention swales or cells within the planting strips where feasible.
b. Standards.
i. Location: west side of Bellevue Way NE between NE 6th Street and NE 4th Street.
ii. Artistic Elements: Figure 20.25A.175.A.1 identifies the location where a major artistic element shall be located. This element shall be viewable by pedestrians approaching from Compass Plaza and the intersection of NE 4th Street and Bellevue Way NE.
iii. Furnishings shall be designed and located to buffer vehicular traffic from pedestrians along Bellevue Way.
7. Downtown Park.
a. Intent. The Downtown Park is a place where people pause and step away from the busy activity of Downtown. The park is a verdant sanctuary and community gathering space. Intermittent design elements embedded along the promenade and at prominent entries remind people that they are on the Grand Connection.
b. Standards.
i. Location: east side of interior pedestrian path between the entrance located at the intersection of NE 4th Street and Bellevue Way NE and the southern entrance located at the intersection of NE 1st Street and 102nd Avenue NE; and
ii. Artistic Elements: Figure 20.25A.175.A.1 identifies the locations where major artistic elements shall be located:
(1) The major artistic element shall serve the purpose of a gateway treatment to Downtown Park; and
(2) The major artistic element shall be visible to the street and be designed to complement design features in Downtown Park.
8. Old Bellevue.
a. Intent. Old Bellevue is a human-scaled neighborhood in Downtown Bellevue, and a high degree of design detail applies to the walkway and to the adjacent buildings. Old Bellevue emphasizes interesting storefronts, welcoming entrances, abundant outdoor seating, vibrant color, and seasonal change. Sidewalk paving patterns and intersection design provide an exceptional level of detail that embeds common elements of the Grand Connection.
b. Standards.
i. Location: east and west sides of 102nd Avenue NE between NE 1st Street and Main Street, and north side of Main Street between 100th Avenue NE and 102nd Avenue NE; and
ii. Artistic Elements: Figure 20.25A.175.A.1 identifies the locations where major artistic elements shall be located:
(1) A major artistic element shall be integrated into the intersection of Main Street and 102nd Avenue NE; and
(2) A major artistic element shall be integrated into the intersection of Main Street and 100th Avenue NE, either as part of the streetscape or the park.
iii. Ecological Framework.
(1) Plantings shall include a mixture of seasonal native plants with different growth heights, and varying planting methods shall be utilized. (Ord. 6839, 3-4-25, § 24; Ord. 6580, 6-21-21, § 21)
20.25A.180 Building design (base, middle, and top).
A. Introduction. A building should consist of three carefully integrated parts: a building base, middle, and top.
B. Overall Building Design.
1. High-Quality Materials.
a. Intent. Create a sense of permanence in Downtown using high-quality building materials. Quality façade materials can provide a sense of permanence and bring life and warmth to a neighborhood. Façade and building materials shall enhance the street environment while complementing the aesthetic quality of adjacent buildings.
b. Standards.
i. Façade articulation shall incorporate durable materials that demonstrate depth, and provide a varied void-to-solid ratio; and
ii. Use high-quality and durable materials such as glass, aluminum, steel, brick, finished concrete, stone, terra cotta, cement stucco, and wood in natural or subdued building colors.
2. Building Massing.
a. Intent. Use scale-defining articulation and other techniques to break up the longitudinal dimensions of buildings, creating a comfortable sense of enclosure and human scale by establishing a dynamic, continuous street edge.
b. Standards.
i. The length and breadth of a building shall be pedestrian-scaled. Portions of a large building mass shall be broken into smaller, appropriately scaled modules, with changes in plane indicated by bold projections and recesses; and
ii. Buildings shall exhibit a vertically articulated tripartite façade division – base, middle, and top through material and scale.
C. Building Base (Podium).
1. Introduction. The role of the building base is to relate buildings to the human scale and fit harmoniously within the existing or planned street wall context; define the edges of adjacent streets, parks, and open space in good proportion; and maintain access to sunlight for pedestrians, open and public spaces, and adjacent properties.
2. Articulation, Materials, and Design Elements.
a. Intent. The building façade should provide an architectural expression that relates to its surroundings and should include materials and elements that can be viewed and appreciated at the speed, scale, and proximity of the pedestrians.
b. Standard. Use high quality and durable materials, providing textural variety to the façade. Environmentally sustainable materials and construction methods are encouraged.
3. Ground Floor Uses and the Public Realm.
a. Intent. At street level, a series of unobstructed views into and out of buildings enriches the urban experience for pedestrians and building occupants. Transparency enhances visual interest, vitality, and increases safety for all.
b. Standards.
i. Transparent windows shall be provided on façades facing streets, parks, and open spaces;
ii. Views into and out from ground-floor Active Uses shall not be obstructed by window coverings, internal furnishings, or walls; and
iii. Interior walls shall be placed at least 20 feet from the window on the façade where Active Uses are a part of an exemption in the FAR Amenity System.
4. Retail and Commercial Entries.
a. Intent. Design retail and commercial entries to create an atmosphere that draws customers inside while creating opportunities to engage the public.
b. Standards.
i. Use weather protection, architectural details, paving, materials, and colors to emphasize the building entry; and
5. Ground Floor Retail and Commercial Windows.
a. Intent. Use transparency to enhance visual interest and to draw people into retail and commercial uses, and provide views inside and outside.
b. Standards.
i. Use clear window glazing; and
ii. Incorporate window types appropriate for the proposed use, such as operable windows, transom windows, or other varied glazing combinations.
6. Building Lighting.
a. Intent. Architectural lighting that enhances and helps articulate building design, including illumination of architectural features and entries, points of interest, uplighting and other effects.
b. Standards.
i. Integrate accent lighting into the building design;
ii. Exterior lighting design shall minimize glare into residential units;
iii. Provide pedestrian-oriented lighting features;
iv. Integrate lighting within the landscape; and
v. Provide dimmable exterior lighting.
D. Middle (Tower).
1. Tower Placement.
a. Intent. Tower placement can directly affect those on the ground plane by affecting wind conditions and the scale of the building as compared to the pedestrian. Thoughtful tower placement can minimize these effects.
b. Standards.
i. Place towers away from parks, open space, and neighboring properties to reduce visual and physical impacts of the tower and allow the base building to be the primary defining element for the site and adjacent public realm.
2. Tower Design and Articulation.
a. Intent. Tower design should incorporate articulation, design excellence, and sustainable materials to provide visual interest.
b. Standards.
i. Provide a varied void-to-solid ratio in the articulation and design of each tower façade; and
ii. Articulate towers with high-quality, sustainable materials and finishes such as glass and steel.
E. Top.
1. Rooftops.
a. Intent. Integrate rooftop elements into the building design. Roof shape, surface materials, colors, and penthouse functions should be integrated into the overall building design. LUC 20.25A.130 provides guidance for rooftop mechanical equipment;
b. Standards.
i. Rooftop terraces, gardens, open spaces, and other features, where allowed, shall be integrated into the overall building design. (Ord. 6839, 3-4-25, § 25; Ord. 6377, 10-16-17, § 2)
20.25C.010 Applicability of site development and design standards.
All new development and substantial remodels are subject to the site development and design standards of this part. (Ord. 6366, 8-7-17, § 10; Ord. 4972, 3-3-97, § 4; Ord. 4816, 11-27-95, § 103; Ord. 3530, 8-12-85, § 57)
20.25C.020 Area and dimensional requirements in the OLB District.
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. (Ord. 6366, 8-7-17, § 10)
20.25C.030 Minimum yard dimensions in the OLB District.
A. In the OLB District, required side yards may be reduced equally to permit building on 50 percent of the total property dimension measured from 1 side property line to the other.
B. The combined dimension of the rear and front yards need not be more than 50 percent of the total property dimension measured from front to rear property line, and may be adjusted as follows:
1. Where the required front and rear yard dimensions combined are more than 50 percent of the total property dimension, measured from front to rear, the location of the rear building line may first be adjusted by measuring from the required front building line a dimension equal to 50 percent of the total property dimension.
2. Where the required front yard dimension is greater than 50 percent of the total property dimension, measured from front to rear and after making the maximum adjustment of the rear yard, the location of the front yard building line may be adjusted by measuring from the rear property line a dimension equal to 50 percent of the total property dimension, and no rear yard shall be required. (Ord. 6366, 8-7-17, § 10; Ord. 4972, 3-3-97, § 5; Ord. 4816, 11-27-95, § 104)
20.25C.040 Design standards in the OLB District.
A. Building Design Standards.
1. The entire site complex shall utilize similar wall and roof materials, roof slopes, and window patterns.
2. Rooftop equipment shall be visually screened pursuant to LUC 20.20.525. The design and color of rooftop mechanical screening shall be integrated with the building.
3. The building shall 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, Landscape development, except as they conflict with this section, shall apply to development in the OLB District.
2. Except for retail auto sales uses, a minimum of 15 percent of the property area of each site shall be in landscaped open space. For each percent that a structure’s ground floor area exceeds 15 percent, the landscaping requirements for that site shall be increased by 0.5 percent to a maximum of 20 percent of the property area of the site.
3. Service yards and at-grade mechanical equipment shall be sight-screened from adjoining property or streets or highways 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.
4. Except for retail auto sales uses, parking areas shall include plantings using trees of 3 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. Plantings shall include a minimum of 50 percent native species. Noxious species, as designated by the Director in submittal requirements, are prohibited.
5. 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 3 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.
6. Trees installed as part of general site landscaping shall be a minimum of 1.5 inches in caliper or 8 to 12 feet high.
7. Accessible outdoor gathering areas shall be provided for the employees, general public, and visitors to the site.
8. Outdoor display of vehicles for retail auto sales uses shall meet the requirements of LUC 20.20.520 for Type V landscaping for auto display areas and LUC 20.20.520.F.2.c for vehicle storage yards.
C. Signs. All signs shall be an integral part of the architectural design consistent with the scale and architecture of the building. Signs shall meet the requirements of Chapter 22B.10 BCC, Sign Code. (Ord. 6839, 3-4-25, § 91; Ord. 6839, 3-4-25, § 29; Ord. 6366, 8-7-17, § 10; Ord. 5683, 6-26-06, § 22; Ord. 4972, 3-3-97, § 6; Ord. 4935, 12-2-96, § 2; Ord. 4816, 11-27-95, § 105; Ord. 4654, 6-6-94, § 45; Ord. 4154, 7-2-90, § 1)
20.25C.050 Design standards in the OLB 2 District.
A. Site Standards. Purpose. These standards address the qualities that make the OLB 2 District unique. They describe what makes an area a special, distinct “place,” not simply a group of individual buildings and streets.
1. The Natural Environment.
a. Intent. Site and building design should capitalize on existing elements of the natural environment, such as parks and open spaces, trails, and critical areas. Designs should also integrate new natural features, such as street trees, natural drainage systems and 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.
b. Standards.
i. The following existing natural environments and connections shall be protected and incorporated into new development or redevelopment:
(1) Active and passive gathering places and walkways oriented toward parks and open, natural spaces.
(2) Clear and direct public access to open space amenities.
(3) Open spaces or access points to local and regional trails, especially as relates to the Mountains to Sound Greenway where feasible.
ii. The minimum landscape development requirements of LUC 20.20.520 apply, and site development shall maximize the retention of existing vegetation. Trees installed as a part of general site landscaping shall be a minimum of 2.5 inches in caliper, or as approved by the Director, and 8 to 12 feet high.
2. Architectural Compatibility.
a. Intent. Buildings should relate to nearby buildings with similar design characteristics. Some degree of variation in architectural elements is encouraged to create a sense of growth and development over time. The building’s form, materials and colors should enhance the area’s overall character.
b. Standards.
i. Scale architectural elements to be proportionate to the size of the building.
ii. Multi-site developments shall have a unity of design by using similar architectural elements, such as roof form, exterior building materials, colors, and window pattern.
iii. Site features, such as fences, walls, refuse receptacles and recycle enclosures, and light fixtures shall be consistent with the scale and architectural design of the primary structure.
iv. Rooftop and mechanical equipment shall be fully screened, accommodated within the maximum height limit, or integrated into the building design.
v. Building design should provide for architecturally integrated signage. Signs should be in proportion to the development and oriented to the main direction access and to pedestrian movement. Signs shall meet the requirements of Chapter 22B.10 BCC, Sign Code.
3. Community Gathering Spaces.
a. Intent. Gathering spaces are well-defined, inviting, secure, and attractive. They provide space for both active use and areas of respite for employees, general public and visitors to the site. They provide space to enjoy the natural environment with weather protection. All gathering spaces should be easily and safely linked with pedestrian access from and through the development.
b. Standards.
i. Outdoor gathering spaces shall be incorporated into areas near active ground-floor uses to provide opportunity for a variety of activities as well as areas for stopping, sitting, and viewing. Spaces shall be accessible, safe, and usable in all seasons.
ii. Landscape design elements shall define walkways, gathering spaces, and amenities.
iii. If incorporating public art, the design shall:
(1) Utilize durable, vandal-resistant materials; and
(2) Be designed to age well.
4. Parking Structures and Lots.
a. Intent. 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. Preference is given to parking structures that do not face public sidewalks. However, if due to site constraints, there are sidewalk-facing parking structures, the frontages facing the sidewalk 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 as defined by the Mechanical Code.
b. Standards.
i. Surface parking shall be located behind the building and accessible via an internal street, alley or shared driveway (if applicable) to minimize curb cuts.
ii. Parking structures shall feature the following elements:
(1) Stairways, elevators and parking entries and exits that occur at mid-block.
(2) Single auto exit/entry control point to minimize number and width of driveway openings (entry and exit points may be separated).
(3) Cladding to disguise sloped floors from the outside view.
iii. Parking areas shall be designed to minimize conflicts between pedestrian and vehicular movements.
iv. Loading areas shall not be located between the building and the street unless there is no alternative location possible. Loading areas, if located between the building and the street, shall be oriented away from the street and screened to minimize views of the loading area from the street and sidewalk. Loading areas shall not be located on the side of a building which faces toward a residential use.
v. Any parking areas located along a street or pathway shall be screened with shrubs that are 42 inches high.
vi. Bicycle racks shall be provided on site. Facilities for a minimum of 10 bicycles shall be provided for developments having 100 or fewer parking stalls. For each 100 additional stalls, facilities for 5 additional bicycles should be provided.
B. Pedestrian Emphasis Standards. Purpose. The pedestrian emphasis standards 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. The Pedestrian System.
a. Intent. Pedestrian routes should be attractive, easy to use and encourage walking and activity. Sidewalks should be continuous, avoiding interruptions such as vehicle curb cuts 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, waste and recycling receptacles, mechanical equipment, or other obstructions and clutter.
b. Standards.
i. The pedestrian network shall include:
(1) Minimal curb cuts along pedestrian routes for pedestrian safety and comfort.
(2) Maintain pedestrian access where rights-of-way have traditionally been located.
ii. In multiple-building complexes, buildings shall be located to facilitate safe and comfortable pedestrian movement between buildings, and to facilitate pedestrian and vehicular connections to buildings on adjacent properties.
iii. Parking areas shall include pedestrian walkways and be designed to minimize conflicts between pedestrian and vehicular movements. Parking area landscaping shall be used to define and separate parking, access, and pedestrian areas within parking lots.
iv. Vehicle access connections between properties are required except in instances where the Director of Transportation determines they are infeasible or undesirable.
v. Safe and convenient pedestrian connections to existing transit facilities. Where needed, shelters and lay-bys for transit vehicles shall be incorporated into the site development.
vi. Frequent and attractive connections between destinations through a well-connected network of streets and pathways shall be provided and include the following:
(1) Planned streets that connect with surrounding streets to permit the convenient movement of traffic and to facilitate emergency access and evacuation.
(2) An integrated and connected network of streets to provide direct walking route options, orientation, a sense of place, and multiple travel route options.
vii. Internal streets shall meet the following requirements:
(1) Street trees and sidewalks shall be included on all internal access streets (i.e., through vehicle access connections on sites with any dimension 400 feet or greater).
(2) Planter strips shall be included on all internal access streets and will be at least five feet in width.
viii. Pedestrian walkways shall meet the following requirements:
(1) Landscape allows visibility and access and does not block pathway.
(2) Walkways, of six feet in width minimum, shall be provided from the public sidewalk or right-of-way to the building. At a minimum, walkways should be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points.
(3) Walkways shall be provided to connect with walkways or potential walkway locations on adjoining properties in the district to create an integrated internal walkway system along the desired lines of pedestrian travel. The width of the walkway shall be six feet unless otherwise approved by the Director.
(4) Walkway surfaces should be designed to be distinguishable from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort.
(5) Continuous weather protection of the building walkway shall be provided at the entrance area.
C. Architectural Standards. Purpose. The architectural standards promote high-quality development while reinforcing the area’s sense of place by encouraging innovative design, construction techniques and materials.
1. Building Massing.
a. Intent. 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 projections and indentations. This allows an overly large building to appear as multiple 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 public.
b. Standards.
i. Buildings with nonresidential uses on the ground floor shall have articulation features along the street front to create a pattern of smaller spaces.
ii. Buildings shall exhibit a vertically articulated tripartite façade division – base, middle and top for buildings over five stories.
2. Entries.
a. Intent. Design entries appropriate to their purpose that contribute to the graceful transition between public and private realms. Architectural detail should be used to help emphasize the purpose of the building entry and to bring life and vitality to the street.
b. Standards.
i. The sides of a building which face a public street shall include public entrances to the building.
ii. Entrances shall be provided to each tenant space.
iii. Where residential uses are provided, the façade shall include:
(1) Weather protection at building entries.
(2) Transparent doors, windows, or glazing near the door.
(3) Visibility and security. Entrances shall be visible from adjacent Open Spaces and located in areas with high pedestrian activity or where residents can view the entry.
(4) Building name and address.
iv. Building lighting shall emphasize entrances.
3. Ground-Floor Windows.
a. Intent. Windows should add activity and variety at the street level, providing views both in and out. Their size and detailing should be of a human scale with regular spacing and a rhythm of similarly shaped windows.
b. Standard. Clear glazing that provides visual access to the activity within the building shall be provided at the ground floor façade in retail areas. In other areas, commercial ground floors shall feature a substantial amount of clear glazing on the ground-floor façade between two and eight feet above grade. (Ord. 6839, 3-4-25, § 92; Ord. 6839, 3-4-25, § 30; Ord. 6366, 8-7-17, § 10)
20.25D.010 General.
A. Applicability.
1. This Part 20.25D, BelRed (BR), contains requirements, standards, and guidelines that apply to development and activity within the BelRed 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 BelRed land use districts. Except within the Critical Areas Overlay District (Part 20.25H LUC), where there is a conflict between the BelRed land use district regulations and the Land Use Code and other City ordinances, the BelRed land use district regulations shall govern. Where there is a conflict between the BelRed land use district regulations and the Critical Areas Overlay District, the Critical Areas Overlay District shall govern. Where the requirements of the BelRed land use district exceed those of the Land Use Code and other City ordinances, the BelRed land use district regulations shall govern.
2. The following general development requirements of Chapter 20.20 LUC do not apply in the BelRed 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. BelRed 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 BelRed is legally described in LUC 20.50.012.
The purpose and intent of the BelRed 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. BelRed-Medical Office (BR-MO).
3. BelRed-Office/Residential (BR-OR).
9. BelRed-Commercial/Residential (BR-CR).
10. BelRed-Residential (BR-R).
11. BelRed-General Commercial (BR-GC).
12. BelRed-Office/Residential Transition (BR-ORT). (Ord. 5874, 5-18-09, § 1)
20.25D.020 Definitions Specific to BelRed.
A. BelRed Definitions. The following definitions are specific to the BelRed 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 BelRed/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 BelRed. General definitions not applicable to BelRed 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 BelRed Subarea design standards (LUC 20.25D.150) in reviewing an application for Master Development Plan or design review approval in the BelRed Land Use Districts. The Community Retail design standards of Part 20.25I LUC and Transition Area design standards of Part 20.25B LUC shall not apply to applications for development in the BelRed 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. Design, architecture and amenity standards 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 and standards:
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. BelRed street development standards pursuant to LUC 20.25D.140; and
e. Site development standards 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. When Required. With the exception of the BelRed General Commercial District (BR-GC), all development within the BelRed 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 BelRed General Commercial District that includes deviations permitted by subsection C.2 of this section.
2. 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;
c. Impervious surface/lot coverage percentages; and
d. Maximum floor area ratio.
D. Procedural Merger. Within a BelRed 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;
5. Critical Areas Land Use Permit, Part 20.30P LUC. (Ord. 6839, 3-4-25, § 31; 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:
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 for Catalyst Project (LUC 20.25D.090.C.7). Up to and including May 3, 2027, the fee-in-lieu bonus rate for Tier 1 amenities may be reduced to not less than $4.00 per square foot of bonus area. The reduced fee-in-lieu bonus rate of $4.00 per square foot for Tier 1 amenities shall be assessed and collected at building permit issuance and shall not be available subsequent to May 3, 2027.
Between May 4, 2027, and May 3, 2031, Owner may choose to comply with the requirements for Tier 1 amenities by paying a fee-in-lieu rate that is equal to 55 percent of the Tier 1 fee-in-lieu rate required by the LUC on the date that is the earlier of:
i. Approval of the Administrative Design Review for the applicable Master Development Plan Phase, or
ii. Submittal of a complete building permit application for the applicable Master Development Plan Phase.
After May 4, 2031, and for the life of the Master Development Plan, Owner may choose to comply with the requirements for Tier 1 amenities by paying a fee-in-lieu rate that is equal to 60 percent of the Tier 1 fee-in-lieu rate required by the LUC on the date that is the earlier of:
iii. Approval of the Administrative Design Review for the applicable Master Development Plan Phase, or
iv. Submittal of a complete building permit application for the applicable Master Development Plan Phase.
In the event the City no longer maintains a Tier 1 fee-in-lieu rate, then the fee-in-lieu rate for Tier 1 amenities shall be the above-required percent of the last Tier 1 fee-in-lieu rate published by the City as adjusted for inflation annually on January 1st of each year from the last publication date based on the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers. All Tier 1 fee-in-lieu rates shall be assessed as stated in this subsection B.2.a, but shall be collected at building permit issuance.
b. Reduced Fee-In-Lieu Limitations and Allowances. The reduced fee-in-lieu bonus rate in subsection B.2 of this section is 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;
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; and
iv. For all Tier 1 fee-in-lieu amenity payments under LUC 20.25D.035.B.2.a, the City may apply the payment to support the development of affordable housing.
c. Extended Vesting. The vested status of a Master Development Plan and the associated land use decisions approved pursuant to a Development Agreement may be extended for up to a maximum of 25 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 25 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 25-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.
d. 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.
e. Amenity Incentive System Bonus Points for Dedicated Parks. Parks not meeting the amenity standards of Chart 20.25D.090.C 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. 6770, 12-11-23, § 1; Ord. 5874, 5-18-09, § 1)
20.25D.040 BROTS Interlocal Agreement Limitation.
Development in the BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed land use district.
2. The nonconforming provisions of LUC 20.20.070 and 20.20.560 do not apply within the BelRed 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
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.
Figure 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.
Figure 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. 6839, 3-4-25, § 93; Ord. 5874, 5-18-09, § 1)
20.25D.070 Land Use Charts.
The following charts apply to BelRed. The use charts contained in LUC 20.10.440 do not apply within the BelRed land use districts.
Chart 20.25D.070 Residential Uses in BelRed Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Residential – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | BR-R | BR-GC | BR-CR | BR-ORT | ||
1 | Residential (1) | |||||||
P 2 | P 2 | P 2 | P | |||||
Two to Four Dwelling Units per Structure (8), (9) | P/P | P | P | P 2 | P | |||
Five or More Dwelling Units per Structure (5), (8), (9) | P/P | P | P | P 2 | P | |||
12 | Group Quarters: Dormitories, Fraternal Houses, Excluding Military and Correctional Institutions, and Excluding Secure Community Transition Facilities | |||||||
P | P | P | P | P | ||||
13 15 | P/P | P/P | P | P | P | |||
P/P | P/P | P | P | P | ||||
6516 | P/P | P/P | P | P | P | |||
P/P | P/P | P | P | P | ||||
Accessory Dwelling Unit (4) | P/ | P/ | P | P | P | |||
P/P 7 | P/P 7 | P 7 | P 7 | P 7 | P 7 | P 7 | ||
Existing uses in the BelRed 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.
(7)Supportive Housing, as defined in LUC 20.20.845.C.2, may be permitted when meeting the requirements in LUC 20.20.845. The Supportive Housing development shall comply with all standards and requirements applicable to residential use in the underlying Land Use District.
(8)Micro-Apartments, as defined in LUC 20.50.034 and where permitted by this section, shall be eligible for the exceptions and alternative standards in LUC 20.20.537.
(9)See LUC 20.20.727 for modified requirements for development applications adding dwelling units within an existing building which meets the requirements of LUC 20.20.727.A.
Chart 20.25D.070 Manufacturing Uses in BelRed Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Manufacturing – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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 | 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 BelRed 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 BelRed Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Transportation and Utilities – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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 | |
C | C/C | C | C | C | C | C | ||
P | P/P | P | P | P | P | P | ||
C | C/C | C | C | C | C | C | ||
On- and Off-Site Hazardous Waste Treatment and Storage Facilities | ||||||||
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 | |
Communication, Broadcast and Relay Towers, excluding WCFs | ||||||||
Satellite Dishes (13) | P | P/P | P | P | P | P | P | |
A C/A C | A C/A C | A C | A C | A C | A C | A C | ||
Existing uses in the BelRed 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)Intentionally deleted.
(11)Refer to LUC 20.20.195 for provisions applicable to wireless communication facilities and other communication, broadcast, and relay facilities. Refer to Chapter 6.08 BCC for requirements applicable to small wireless facilities and certain eligible facilities requests in the public rights-of-way.
(12)Intentionally deleted.
(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 BelRed Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Wholesale and Retail – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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 | |||||||
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 | |
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 BelRed 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 BelRed Land Use Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Services – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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) | |||||||
P/ | P | P | P | P | ||||
P/P | P/P | P | A 1 | P | P | |||
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 | |||||
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 | 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) | ||||||||
C | C | C | C | C | C | |||
Existing uses in the BelRed 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 BelRed 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.
(15)A homeless services use requires approval of a Conditional Use Permit unless the City Council agrees to negotiate a development agreement. Refer to LUC 20.20.455.D.
Chart 20.25D.070 Recreation Uses in BelRed Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Recreation – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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 | ||||||||
76 | Private Leisure and Open Space Areas Excluding Recreation Activities Above | P | P/P | P | C | P | P | P |
A | A/A | A | A | A | A | |||
Stables and Riding Academies | A | |||||||
A 6 | A 6 | |||||||
P | P/P | P | P 7 | A | A | P 7 | ||
Existing uses in the BelRed 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 BelRed Districts
STD LAND USE CODE REF | LAND USE CLASSIFICATION | Resources – BelRed Districts | ||||||
|---|---|---|---|---|---|---|---|---|
BelRed Residential | BelRed General | BelRed Commercial | BelRed Office | |||||
BR-MO/ | BR-OR/ | BR- | 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 BelRed 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. 6836, 2-25-25, § 5; Ord. 6759, 10-23-23, § 4; Ord. 6742, 6-5-23, § 4; Ord. 6672, 7-25-22, § 6; Ord. 6419, 7-16-18, §§ 2, 3; 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, 2-25-13, § 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 BelRed Districts) sets forth the dimensional requirements for each land use district in the BelRed Subarea. The Dimensional Requirements of Chart 20.20.010 do not apply in the BelRed Land Use Districts. Each structure, development, or activity in a BelRed 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 BelRed Districts
Tower Type (1) (17) | (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 BelRed 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.
(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.
(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 BelRed 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 BelRed Subarea design standards 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 BelRed Subarea design standards 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 BelRed Subarea design standards 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, BelRed 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) At least 10 percent of the surface area of the enclosed plaza shall be landscaped;
(3) The enclosed plaza shall contain at least 1 sitting space for each 100 square feet of plaza;
(4) The enclosed plaza shall be a minimum size of 1,000 square feet;
(5) Only 4,000 square feet of the enclosed plaza shall be excepted for the purpose of calculating FAR;
(6) The enclosed plaza shall have a minimum horizontal dimension (width and depth) of no less than 20 feet;
(7) 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
(8) 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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. 6839, 3-4-25, § 32; Ord. 6293, 6-20-16, § 1; Ord. 6197, 11-17-14, §§ 20, 21; Ord. 6102, 2-25-13, § 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 BelRed 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.
Figure 20.25D.090.C. Example of Tiered FAR Amenity Allocation
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 (2) | 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 *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 BelRed Parks and Open Space Plan generalized locations and size requirements as depicted in the BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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 BelRed 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. | 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)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. 6626, 12-6-21, §§ 10, 11; 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 BelRed. (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 BelRed 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 BelRed 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 BelRed;
c. LUC 20.25D.030 – Review Required;
d. LUC 20.25D.050 – Permitted Uses;
e. LUC 20.25D.070 – Transportation and Utilities Use in BelRed 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 BelRed;
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 BelRed 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 BelRed 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 BelRed design standards, 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 Land Use District and along the interior property line of the BR-ORT Land Use District abutting any non-BelRed Land Use District.
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 BelRed Subarea, to reduce the impacts of development on the storm drainage system and water resources to enhance the pedestrian environment in the BelRed 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. 6839, 3-4-25, § 33; Ord. 6425, 10-1-18, § 18; 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, 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 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 BelRed – Chart 20.25D.120.B.2.
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 (8) | 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. | Per patient bed | 0.25 | 0.75 | 0.25 | 1.0 | |
l. | Senior housing: Senior citizen dwelling or congregate care (8) | 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 BelRed (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
(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.
(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.
(8)See LUC 20.20.590.L for affordable housing, market rate multifamily dwelling, and senior housing minimum parking standards when these residential uses are located near frequent transit service.
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. 6626, 12-6-21, § 12; Ord. 6575, 4-26-21, §§ 5, 6; Ord. 5874, 5-18-09, § 1)
20.25D.130 BelRed development standards.
The BelRed Development Standards establish regulatory requirements for new structures, development, or activities and remodels or expansions on public and private parcels within the BelRed 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.2.
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, B.3.e, and B.3.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 20.25D.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 20.25D.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. Surface parking lots shall be located away from adjacent residential properties, unless no other location is available.
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 BelRed 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 BelRed 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 BelRed General Commercial (BR-GC) Land Use District. (Ord. 6839, 3-4-25, § 94; Ord. 6839, 3-4-25, § 34; Ord. 6425, 10-1-18, § 19; Ord. 6197, 11-17-14, § 22; Ord. 5874, 5-18-09, § 1)
20.25D.140 BelRed Street Development Standards.
The BelRed street development standards are a hierarchy of emphasis and design treatment for public areas within the BelRed District. These standards ensure that a consistent, high-quality public realm is developed throughout the district and that the unique qualities of BelRed 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 BelRed 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 BelRed 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. Figure 20.25D.140.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 meet the applicable standards identified in subsection E.3 of this section.
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.
Figure 20.25D.140.E. 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. 6390, 12-4-17, § 1; Ord. 5874, 5-18-09, § 1)
20.25D.150 Design standards.
Each development within a BelRed land use district must comply with the provisions of the BelRed Subarea design standards contained in this section. The provisions of the design standards will be applied pursuant to the review requirements of LUC 20.25D.030.
A. Introduction. The BelRed Subarea design standards support and complement the community vision described in the BelRed Subarea Plan that is part of the City’s adopted Comprehensive Plan. Design standards are requirements for project approval. Guidelines are a descriptive template for promoting and improving the urban character of the area without dictating or prescribing a specific style or theme, but are not required for approval.
Each individual standard or guideline provides one or more of the following details:
•Intent: An initial statement describing the objective of the standard or guideline.
•Guideline: Text describing, but not requiring, optional development provisions that support the intent of the standard.
•Standard: Text describing the requirements for development consistent with the intent of the standard.
B. Site Standards. Purpose. These standards address the qualities that make the BelRed subarea unique. They consider what makes an area a special, distinct “place,” not simply a group of individual buildings and streets.
1. The Natural Environment.
a. Intent. 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.
b. Standards.
i. Orient active and passive gathering places and walkways toward parks and open, natural spaces;
ii. Provide clear and direct public access to open space amenities; and
iii. Buildings shall not turn their back on open space amenities.
2. Architectural Compatibility.
a. Intent. New buildings should contribute to the quality and identity of their architectural context.
b. Standards.
i. Scale architectural elements to be proportionate to the size of the building; and
ii. Forms, proportions, materials, colors, and architectural design shall complement adjacent buildings.
3. Gateways.
a. Intent. Entrances into and within the BelRed 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.
b. Standards.
i. Use signage, landscaping, lighting, sculpture, markers, or inlaid art treatment in sidewalk paving, or artistic elements to identify a gateway.
4. Surface Water Resources.
a. Intent. 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.
b. Guidelines.
i. Grading and plan layout should capture and slow surface water runoff;
ii. Consider using pervious or semi-pervious surfaces that allow water to infiltrate soil; and
iii. On-site landscape-based water treatment methods should treat rainwater runoff from all surfaces, including parking lots, roofs, and sidewalks.
5. Public and Private Art.
a. Intent. 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.
b. Standards.
i. Proposed artwork shall be designed for and integrated into the building or site; and
ii. Proposed artwork shall use durable materials that are vandal-resistant and designed to age well.
C. Pedestrian Emphasis Standards. Purpose.
The pedestrian emphasis standards 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. The Pedestrian Environment.
a. Intent. The most important part of a building to a pedestrian is its ground floor, the lowest 15 feet of the façade, 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.
b. Standards.
i. Windows shall be transparent at the street level;
ii. Walls shall utilize a variety of forms, colors, and compatible cladding materials;
iii. Façades shall include bays, columns, pilasters, or other articulation at the street level;
iv. Lighting at the ground level shall be human scale;
v. Walls that face the pedestrian right-of-way shall not be blank, flat, or nondescript; and
vi. The entire block face shall not be treated uniformly.
2. The Pedestrian System.
a. Intent. Pedestrian routes should be attractive, easy to use and encourage walking and activity. Sidewalks should be continuous, avoiding interruptions such as vehicle curb cuts 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.
b. Standards.
i. Separate pedestrian pathways from visual and other nuisances (e.g., trash dumpsters, loading docks, mechanical equipment, etc.);
ii. Maintain pedestrian access where rights-of-way have traditionally been located;
iv. Provide mid-block pedestrian connections;
v. Pave walkways and plazas with durable and slip-resistant materials; and
vi. Pedestrian routes shall not be discontinuous or interrupted.
3. Pedestrians and the Elements.
a. Intent. 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 façade. 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.
b. Standards.
i. Weather protection shall be provided following the pattern of storefronts; and
ii. Provided weather protection shall utilize one or more of the awning or canopy types:
(1) Fabric awnings;
(2) Horizontal metal canopies, especially if transom or clerestory windows are above storefront glazing; or
(3) Glazed canopies.
4. Outdoor Spaces.
a. Intent. Provide comfortable and inviting outdoor spaces for a variety of activities during all hours and seasons.
b. Standards.
i. Provide courtyards, squares, or plazas adjacent to active ground-floor uses;
ii. Provide landscape design elements to define walkways and create transitions from the park to the street;
iii. Provide structures, pavilions, and seating areas that are easily accessible and feel safe and secure during day and evening hours;
iv. Outdoor spaces shall not be separated from the street by visual or physical barriers;
v. Outdoor spaces shall not be comprised of areas of the site that remain after establishing the location of the structure(s) and other site elements; and
vi. Courtyards, squares, and plazas placed adjacent to parking lots and other inhospitable areas without appropriate landscaping are not permitted.
5. Places for Stopping and Viewing.
a. Intent. 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.
b. Standards.
i. Provide formal (benches) and informal (e.g., wide steps, edges of landscaped planters and low walls) seating areas;
ii. Seating areas shall be located primarily near active retail establishments (especially outside eating and drinking establishments and near food vendors), and clearly visible from public spaces;
iii. Provide seating adjacent to pedestrian walkways; and
iv. Seating areas shall not be located adjacent to loading, service bays, or storage areas.
D. Architectural Standards. Purpose. The architecture standards promote high quality development while reinforcing the area’s sense of place and Northwest provenance by promoting innovative design, construction techniques and materials that reflect the industrial roots of the area while emphasizing the emerging urban character of BelRed.
1. High Quality Materials.
a. Intent. 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 adjoining 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.
b. Standards.
i. Use high quality and durable materials such as glass, aluminum, steel, brick, finished concrete, stone, terra cotta, cement stucco, and wood; and
ii. Use natural or subdued building colors and limited use of bright accent trims.
2. Building Massing.
a. Intent. 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.
b. Standards.
i. Break down long expanses of building frontage both horizontally and vertically.
ii. A vertically articulated tripartite façade division – base, middle and top for buildings over three stories; and
iii. Vertical articulation of windows, columns, and bays.
3. Rooftops.
a. Intent. Integrate rooftop elements into the building design. Roof shape, surface materials, colors, and penthouse functions should all be integrated into the overall building design. LUC 20.20.525 provides requirements for rooftop mechanical equipment.
b. Standards.
i. Rooftop penthouses occupied by residential or office spaces, terraces and gardens, open spaces, and other features, where allowed, shall be integrated into the overall building design.
4. Residential Entries.
a. Intent. 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.
b. Standards.
i. Door hardware shall be made with durable materials;
ii. Entries shall include weather protection;
iii. Where possible, individual entries shall be provided for units facing the street or other pedestrian areas;
iv. Lobby entries to multifamily buildings shall provide double or multiple doors; and
v. Residential building entries shall not be accessed directly from parking lots.
5. Retail and Commercial Entries.
a. Intent. Design retail and commercial entries to create an open atmosphere that draws customers inside. 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.
b. Standards.
i. Doors shall have a minimum of 50 percent window area;
ii. Building lighting shall emphasize entrances; and
iii. Use weather protection, architectural details, and colors, to emphasize the building entry.
6. Ground Floor Retail and Commercial Windows.
a. Intent. Use transparency to enhance visual interest and to draw people into retail and commercial uses, and provide views inside and outside.
b. Standards.
i. Use clear window glazing; and
ii. Incorporate window types appropriate for the proposed use such as operable windows, transom windows, or other varied glazing combinations.
7. Parking Structures.
a. Intent. Use design elements to enhance the compatibility of parking structures with the urban streetscape.
b. Standards.
i. Incorporate ground floor retail or other active uses;
ii. Provide small openings that may be glazed to function as windows;
iii. Stairways, elevators, and parking entries and exits shall occur at mid-block;
iv. Design a single auto exit/entry control point to minimize number and width of driveway openings (entry and exit points may be separated);
v. Utilize cladding to disguise sloped floors from the outside view; and
vi. Parked cars on the ground floor shall not be visible from adjacent sidewalks.
E. Lighting Standards. Purpose.
The lighting of buildings and open spaces should provide security, and contribute to the identity and vitality of the area.
1. Lighting for 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. Standards.
i. Lighting poles shall be black or dark green in color, providing lighting to pedestrians and vehicles, and be able to accommodate banners and other decorative features;
ii. Provide lighting for landscaped areas and trees where permitted;
iii. Integrate lighting fixtures into the design of buildings or landscape walls and stairways;
iv. Install foot lighting that illuminates walkways and stairs;
v. Use energy-efficient lighting, such as LED;
vi. Direct bollard lighting downward toward walking surfaces;
vii. Provide festive lighting along signature streets on buildings and trees; and
viii. Flashing lights, exposed wires, or other devices that may provide safety hazards are not permitted.
2. Building Lighting.
a. Intent. Architectural lighting that enhances and helps articulate building design, including illumination of cornices and entries, uplighting and other effects.
b. Recommended.
i. Integrate accent lighting into the building design;
ii. Provide shielded fixtures on buildings or integrated with landscaping;
iii. Lighting shall provide natural color;
iv. Exterior lighting design shall minimize glare into residential units; and
v. Exposed light source and flashing lighting are not permitted.
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.
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.
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.
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. 6839, 3-4-25, § 95; Ord. 6839, 3-4-25, § 35; Ord. 6323, 11-21-16, § 12; Ord. 5874, 5-18-09, § 1)
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 | ||||
|---|---|---|---|---|
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 | |||
P | ||||
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 the Development Services Department 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 | P | P | P | P |
7 – 12 children | A | P | P | P |
13 or more children | C | 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 |
A | A | A | A | |
P | ||||
P(13) | P(13) | |||
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 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.
(12)See LUC 20.20.700 for general development requirements for rooming house.
(13)Supportive Housing, as defined in LUC 20.20.845.C.2, may be permitted when meeting the requirements in LUC 20.20.845. The Supportive Housing development shall comply with all standards and requirements applicable to residential use in the underlying Land Use District.
(14)A homeless services use requires approval of a Conditional Use Permit unless the City Council agrees to negotiate a development agreement. Refer to LUC 20.20.455.D.
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. 6672, 7-25-22, § 7; Ord. 6223, 4-6-15, § 3; Ord. 4973, 3-3-97, § 701; Ord. 4816, 11-27-95, § 801; Ord. 3530, 8-12-85, § 66; Ord. 3219, 1-17-83, § 7)
20.25F.020 Master Development Plan required.
A. General.
1. To ensure 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 reviewed and approved by the Director in accordance with Part 20.30V LUC. (Ord. 6839, 3-4-25, § 36; Ord. 3690, 8-4-86, § 16; Ord. 3530, 8-12-85, § 67; Ord. 3219, 1-17-83, § 7)
20.25F.030 Development Design Review.
Design Review is required for all development within the Evergreen Highlands Design District. An applicant shall submit a Design Review application for approval by the Director pursuant to Part 20.30F LUC. (Ord. 6839, 3-4-25, § 37; 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) | 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.
(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.
(11)This requirement is not applicable to Supportive Housing, as defined pursuant to LUC 20.20.845.C.2.
C. Design Standards.
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 Director 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 Director 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 Director 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 consistent with applicable requirements in LUC 20.20.520. All pervious surface must be landscaped, except those areas specified under other provisions of this Code for natural vegetation.
b. A significant number of trees at least 12 feet to 14 feet in height or 2 1/2 inches to 3 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.
c. 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 consistent with LUC 20.20.900.F must be utilized during construction.
d. The applicant must install street trees at least three inches in caliper along the street frontage. Caliper is measured four feet above existing grade.
e. 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 subsection C.2.e of this section.
3. Open Space.
a. The applicant must provide natural and improved open space which is coordinated with that of other properties to result in aggregated usable areas.
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 Director may approve an alternative buffering mechanism such as a vegetated earthen berm or reduced greenbelt.
e. Natural vegetation within any greenbelt must be maintained. Supplemental landscaping shall be required for areas where vegetation has been degraded. The applicant should consider incorporating a trail or other element of the nonmotorized circulation plan within this greenbelt.
4. 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.
5. 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.
6. 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 the Development Services Department 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.
7. 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.
8. Planned Unit Development. The provisions of Part 20.30D LUC do not apply in the Evergreen Highlands Design District.
9. Transition Area. The provisions of Part 20.25B LUC do not apply in the Evergreen Highlands Design District. (Ord. 6839, 3-4-25, § 96; Ord. 6839, 3-4-25, § 38; Ord. 6796, 7-9-24, § 5; Ord. 6672, 7-25-22, § 8; Ord. 6323, 11-21-16, § 13; Ord. 5480, 10-20-03, §§ 19, 20; Ord. 5232, 6-26-00, § 6; Ord. 3747, 1-20-87, § 14; Ord. 3530, 8-12-85, § 70 – 72; Ord. 3498, 5-28-85, § 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, 6-26-00, § 7; Ord. 3219, 1-17-83, § 7)
20.25F.060 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. (Ord. 6839, 3-4-25, § 39; Ord. 3219, 1-17-83, § 7)
20.25F1.010 General.
A. Applicability. This Part 20.25F1 LUC, Factoria 1 (F1), contains standards, criteria and guidelines that apply to development and activity within the Factoria 1 Land Use District. Except to the extent expressly provided otherwise in this Part 20.25F1 LUC, the provisions of the Land Use Code, other City development codes, the City Development Standards, and other applicable codes and ordinances apply to development in the Factoria Land Use Districts. Where there is a conflict between the regulations of the Factoria Land Use Districts and the Land Use Code and other City ordinances, the Factoria Land Use District regulations govern. Where the requirements of the Factoria Land Use District exceed those of the Land Use Code and other City ordinances, the Factoria Land Use District regulations govern.
B. Land Use District and Description of Development Areas. The purpose and intent of the Factoria 1 Land Use District is described in LUC 20.10.395. The location of the F1 Land Use District Area is legally described in LUC 20.50.020. The F1 Land Use District is divided into four development areas to facilitate its transformation into a vital, pedestrian-oriented mixed use neighborhood. The purpose and intended uses for each development area are described below. The location of the development areas is depicted on the map entitled “F1 Land Use District Development Areas.”
1. Development Area I: Retail Center Area. Development Area I (DA I) is located in the center of the land use district. The area is bound by 127th Avenue SE to the east and 125th Avenue SE to the west. A portion of DA I fronts on 124th Avenue SE. Centralized retail is the primary focus of this area. New development and remodels should be designed to provide pedestrian and vehicular circulation through and around the retail center and to connect the retail center to external adjacent residential, retail and service uses.
2. Development Area II: Residential Neighborhood Area. Development Area II (DA II) is located along the south edge of the district. Housing is the focus of DA II. In addition, retail and service uses that are neighborhood serving are appropriate for this area. The housing is to be developed over and around structured parking. The neighborhood serving uses are intended to serve both residents of the F1 District as well as neighborhoods to the south and east.
3. Development Area III: Mixed Use Expansion Area. Development Area III (DA Ill) is located in the northwest corner of the site. A mix of uses such as stand-alone retail, housing and accessory parking is appropriate. Development should be focused on the northern end of this area to encourage traffic to utilize SE 38th Street.
4. Development Area IV: Factoria Boulevard Frontage Area. Development Area IV (DA IV) is located between Factoria Boulevard and the retail center area. Minor remodels and expansions of existing buildings are appropriate. A parking structure to support retail uses located in other development areas would be appropriate.
F1 Land Use District Development Areas
(Ord. 5726, 3-19-07, § 3)
20.25F1.015 Street designations.
This section establishes designations for rights-of-way located at the perimeter of the F1 Land Use District, for on-site streets and for pedestrian paths. The designations are established for the purpose of applying the design guidelines contained in LUC 20.25F1.115. The intent is to create a hierarchy of streets and rights-of-way within and around the F1 Land Use District. The hierarchy reflects different intensities of anticipated pedestrian flow and activity level. Street designations are depicted on the map entitled “F1 Land Use District Street Designations.”
F1 Land Use District Street Designations
Area IV portions of Factoria Boulevard are not designated. City pedestrian and transportation infrastructure improvements have been made. Only modest expansions and remodels are expected to occur. Frontage expectations will be developed at such time as a Land Use Code amendment is processed to allow additional development potential in Area IV. Prior to that time, new stand-alone development and additional frontage improvements are not anticipated. (Ord. 5726, 3-19-07, § 3)
20.25F1.020 Review required.
A. Applicable Criteria and Standards. The Director shall use this Part 20.25F1 LUC in reviewing an application for Master Development Plan or Design Review approval for development in the F1 Land Use District. The Community Retail Design Standards of Part 20.25I LUC and Transition Area Design Standards of Part 20.25B LUC shall not apply to applications for development in the F1 Land Use District.
B. Master Development Plan. All development within the F1 Land Use District shall be governed by a Master Development Plan reviewed by the Director of the Development Services Department pursuant to Part 20.30V LUC.
C. Design Review.
1. Process Required. All development within the F1 Land Use District and approved as part of a Master Development Plan must be reviewed by the Director of the Development Services Department through Design Review, Part 20.30F LUC.
2. Dimensional Deviations. The Director may, through the Design Review process, approve a proposal that varies from the specific dimensional requirements set forth in the applicable criteria and standards if the applicant demonstrates that the resulting design will be more consistent with the Design Review criteria and Design Standards. Minimum required setbacks identified in LUC 20.25F1.040 are not permitted to be varied under the terms of this subsection. Intrusions into required setbacks are governed by LUC 20.20.025.
D. Procedural Merger. Within the F1 Land Use District, any administrative decision required by this Part 20.25F1 LUC or by the Land Use Code, including but not limited to the following, may be applied for and processed through a single application:
1. Master Development Plan, Part 20.30V LUC;
2. Design Review, Part 20.30F LUC;
3. Administrative Conditional Use Permit, Part 20.30E LUC. (Ord. 6839, 3-4-25, § 40; Ord. 5778, 11-5-07, § 2; Ord. 5726, 3-19-07, § 3)
20.25F1.030 Development intensity and phasing of required improvements.
A. District-Wide Intensity Limitation. The development limitations set forth in this section establish the total amount of development that may occur in the F1 Land Use District.
1. Retail/Service Development. The total amount of retail and service development permitted in DA I, II and III shall not exceed 681,100 gross square feet. Square footage associated with minor expansions permitted to existing buildings located in DA IV will not be counted as retail or service development for the purposes of imposing this limitation. Uses classified as recreation pursuant to Chart 20.10.440 will not be counted as retail or service development for the purposes of imposing this limitation.
2. Residential Dwelling Units. The total number of residential dwelling units permitted in DA I, II and Ill is limited to 685. No residential development is permitted in DA IV.
B. DA IV Specific Intensity Limitation. New development may be permitted in DA IV, but is limited to expansions of an existing structure by no more than 20 percent of existing building floor area in that structure and to development of structured parking necessary to support retail or service-related development permitted in DA I, II and Ill.
C. Phasing Plan. A phasing plan for installation of site improvements, landscaping and amenities necessary to support each phase of development must be approved as part of the Master Development Plan as required by Part 20.30V LUC. (Ord. 5726, 3-19-07, § 3)
20.25F1.040 Dimensional requirements(1)(2).
Footnotes:
(2)Maximum impervious surface is limited to 85 percent. See LUC 20.20.460 for exceptions and performance standards relating to impervious surface.
(3)Minimum setbacks are subject to development of required landscaping pursuant to LUC 20.25F1.050.
(4)Measured from the property line.
(5)No parking or vehicle access lane is permitted between the required sidewalks on perimeter streets and pedestrian entrances and building frontages.
(6)Maximum building height shall be measured from average existing grade as measured to the highest point of the structure, including pitched roof areas and penthouse equipment screening.
(7)On Type C streets located in DA II, no more than 50 percent of the street frontage may be developed with buildings whose height exceeds four stories or 40 feet above the sidewalk grade adjacent to the building front, whichever is less. For the purposes of this requirement, building height is measured to a depth of 20 feet.
(8)At a height no greater than 30 feet above the sidewalk grade adjacent to the building front. No stepback is required for portions of buildings limited to 40 feet in height pursuant to footnote (7) above.
(9)Buildings or portions of buildings that provide a setback of less than 10 feet are required to meet the Type B street frontage design guidelines of the F1 Land Use District Design Guidelines.
(10)No stepback is required if landscape setback is provided pursuant to LUC 20.25F1.050.
(11)A 15-foot setback from the right-of-way line of Factoria Boulevard is required for development in DA IV.
(Ord. 6425, 10-1-18, § 20; Ord. 5726, 3-19-07, § 3)
20.25F1.050 Landscape requirements.
A. The provisions of LUC 20.20.520, except as they conflict with this section, apply to development within the F1 Land Use District. The tree retention provisions of LUC 20.20.900 shall not apply to applications for development in the F1 Land Use District. The following landscaping provisions are required:
Street Designations (1) | Landscaping Requirement and Review Process (3) |
|---|---|
Type A | Gateway location and conceptual design approval required through the Master Development Plan review process. Gateway design detail approval required through the Design Review process. |
Type B | 10-foot Type II landscaping. Street frontage landscaping will be reviewed through the Design Review process. (2) |
Type C | Mature existing deciduous trees shall be maintained where feasible. Shrubs a minimum of three and one-half feet in height and living ground cover must be planted in the required setback so that the ground will be covered in three years. Frontage design detail approval required through the Design Review process. |
Footnotes:
(1)Street designations are established in LUC 20.25F1.015 and depicted on the map entitled “F1 Land Use District Street Designations.”
(2)Landscaping is required only if a minimum 10-foot setback is provided in lieu of streetscape design requirements pursuant to LUC 20.25F1.115.C.2.b.
(3)Landscaping for surface parking will include one tree per 12 parking spaces and canopy trees for 25 percent of paved area at plazas and terraces. Vertical landscaping (planters with vines, climbing vine on mesh, espalier, etc.) will be provided on each level of visually accessible parking structure perimeter.
B. The Director of the Development Services Department may approve alternative landscaping requirements in accordance with the criteria in LUC 20.20.520.J. (Ord. 5726, 3-19-07, § 3)
20.25F1.060 Parking and circulation.
Requirements for parking in the Factoria Land Use Districts shall be as required in LUC 20.20.590, except as follows:
A. Minimum and Maximum Parking Requirements. The Director of the Development Services Department shall establish the minimum number of parking spaces required and may establish the maximum number of parking spaces allowed as a component of the Master Development Plan approval that is required for all development in the F1 Land Use District. The Director of the Development Services Department may consider but is not limited to the following in establishing parking requirements:
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.
B. Director’s Authority to Require Parking Exceeding Maximum. In the Factoria Land Use Districts, the Director of the Development Services Department may require the installation of more than the maximum number of parking stalls, for other than office uses, if the Director determines that:
1. Such additional parking is necessary to meet the parking demand for a specified use; and
2. Shared or off-site parking is not available or adequate to meet demand; and
3. Any required Transportation Management Program will remain effective.
C. Circulation.
1. Develop at least one vehicle access point on 124th Avenue SE along the alignment of SE 40th Street to operate as and visually signify the primary entry points to the retail center on the west side of the district.
2. Place stop signs at the intersections of on-site streets and/or pedestrian paths through surface parking areas and provide weather protection for pedestrians at these locations.
3. Provide at least one mid-block pedestrian connection from the F1 District across SE 41st Place and 124th Avenue SE. Provide at least two mid-block pedestrian connections from the F1 District across SE 38th Street. (Ord. 5726, 3-19-07, § 3)
20.25F1.070 Sidewalks and pedestrian paths.
A. Perimeter Sidewalks.
1. Minimum Width. The minimum width of perimeter street sidewalks shall be 12 feet inclusive of the planter strip plus 6 inches for curb, except as necessary to retain mature trees pursuant to subsection A.2.e of this section.
2. Street Trees and Planter Strip Design.
a. Installation. The property owner shall install street trees and planter strips, in addition to any landscaping required by LUC 20.25F1.050, pursuant to the City of Bellevue Environmental Best Management Practices and Design Standards, now or as hereafter amended. Street tree and planter strips shall be irrigated. Appropriate tree species will be determined through the Master Development Plan process.
b. Location. The area in which planter strips are installed must be located between the street and the sidewalk unless precluded by existing utilities which cannot reasonably be relocated or as necessary to retain mature trees pursuant to subsection A.2.e of this section.
c. Design. Required street trees should be placed in continuous planter strips together with shrubbery, ground cover and other plantings. The area in which street trees are planted must be at least four feet wide by six feet wide. A street planter strip may also include decorative paving and other plant materials except turf. Where feasible, bioretention swales and planters may be located within the planter strip.
d. Size and Spacing. Large growing deciduous street trees, at least 3 inches in caliper or as approved by the Director, shall be planted at least 3 feet from the street curb, and a maximum of 30 feet on center, and shall conform to the sight distance requirements of BCC 14.60.240.
e. Mature Tree Retention. The existing mature street trees located on the perimeter street frontages shall be maintained to the extent feasible. Sidewalks and planter strips may be reduced and/or relocated to the back of sidewalk if necessary to accommodate retention of the mature trees.
B. On-Site Sidewalks.
1. Minimum Width. The minimum width of on-site street sidewalks shall be 12 feet inclusive of the street tree planting wells.
2. Street Trees and Plantings.
a. Installation. The property owner shall install street trees and plantings, in addition to any landscaping required by LUC 20.25F1.050, pursuant to the City of Bellevue Environmental Best Management Practices and design standards, now or as hereafter amended. Street trees and required landscaping shall be irrigated. Appropriate tree species and plantings shall be selected from the street tree and plantings lists in LUC 20.25A.110.A.1 and 20.25D.110.B.3.d and B.3.e approved through the Master Development Plan process.
b. Location. Street trees shall be planted in a continuous, rhythmic pattern. Street trees must be located between the street and the sidewalk.
c. Design. Required street trees shall be planted in tree pits with grates. The area in which street trees are planted must be at least four feet wide by six feet wide. Where stormwater facilities are used in conjunction with tree pits, removable grates shall be utilized.
d. Size and Spacing. Small growing pedestrian-scale deciduous street trees, at least 3 inches in caliper or as approved by the Director, shall be planted at least 3 feet from the street curb, and a maximum of 25 feet on center, and shall conform to the sight distance requirements of BCC 14.60.240.
C. Pedestrian Paths.
1. Minimum Width. The minimum width of pedestrian paths shall be 12 feet inclusive of the planter strip. Parking spaces adjacent to pedestrian paths must be designed to ensure that the minimum sidewalk width is maintained free of vehicle encroachments.
2. Location. Pedestrian path locations and phasing shall be determined through the Master Development Plan process consistent with the site design guidelines.
3. Landscape Strips.
a. Installation. The property owner shall install trees and plantings, in addition to any landscaping required by LUC 20.25F1.050, pursuant to the City of Bellevue Environmental Best Management Practices and design standards, now or as hereafter amended. Tree and planter strips shall be irrigated.
b. Design. Appropriate tree species and landscaping shall be selected from the street tree and plantings lists in LUC 20.25A.110.A.1 and 20.25D.110.B.3.d and approved through the Master Development Plan process. Street trees, shrubbery, ground cover and other plantings approved by the Director shall be provided in continuous planter strips along the length of a pedestrian path. The area in which street trees are planted must be at least four feet wide by six feet wide. Vegetation approved for a planter strip must be compatible with the F1 Design Standards for the development area within which the planter strip is located. (Ord. 6839, 3-4-25, § 41; Ord. 6323, 11-21-16, § 14; Ord. 5726, 3-19-07, § 3)
20.25F1.080 Gateways.
A. Purpose. The purpose of the gateways is to mark the transition into the F1 Land Use District and to reinforce the Factoria identity.
B. Number and Location. Three gateways are required along Factoria Boulevard at SE 38th Street, SE 40th Street and SE 41st Place.
C. Approval. Gateway conceptual design and installation phasing shall be consistent with the Design Review Criteria in LUC 20.25F1.110.D and be approved through the Master Development Plan process. (Ord. 6839, 3-4-25, § 42; Ord. 5726, 3-19-07, § 3)
20.25F1.090 Gathering places.
A. Purpose. The purpose of the gathering places is to provide outside opportunities for people to linger and for passive or active recreation, and to provide graceful transitions between development areas, between public and private spaces, and between indoor and outdoor spaces.
B. Number and Location. At a minimum, two major gathering places are required for the retail center area (DA I) in the vicinity of the intersection of 127th Avenue SE and SE 40th Street and at the intersection of 125th Avenue SE and SE 40th Street. Smaller gathering places shall be provided at retail center entrances, entrances to outward-facing and stand-alone retail structures, intersections of on-site streets and/or pedestrian paths and the transition points between public areas and private residential areas.
C. Approval. Gathering place locations, conceptual design and installation phasing shall be consistent with the Design Review Criteria in LUC 20.25F1.110.D and be approved through the Master Development Plan process. (Ord. 6839, 3-4-25, § 43; Ord. 5726, 3-19-07, § 3)
20.25F1.110 Design Review criteria.
A. General. Each structure and all proposed site development must comply with the approved Master Development Plan and associated phasing plan. If the application for Design Review contains elements inconsistent with the approved Master Development Plan, the Director may not approve the Design Review until the Master Development Plan is amended to include those elements.
B. Site Design.
1. Connectivity and Site Circulation.
a. Connect the F1 Land Use District to the larger community, by providing links to neighboring businesses, residences, schools, thoroughfares, transit, open spaces, and other uses. Emphasize the pedestrian with a complete system of sidewalks and pedestrian paths.
b. Provide pedestrian paths to connect all major tenant and mall entrances with the perimeter street system and to accommodate pedestrian connections through parking lots that separate uses.
c. Accommodate public transit with shelters and pedestrian paths to the retail center area entries.
d. Access circulation may be relocated if the new alignment improves operation, reduces pedestrian-truck conflicts, or enhances the transportation grid through the F1 Land Use District.
e. Provide a second mid-block crossing to the adjacent offices and cinema north of the F1 Land Use District across SE 38th Street prior to occupancy of any new building developed in DA III, provided it is technically feasible.
f. Provide a mid-block crossing to the adjacent residential area south of the F1 Land Use District across SE 41St Place prior to occupancy of any new building developed in DA II, provided it is technically feasible.
g. Provide crosswalks across 127th Avenue SE prior to occupancy of any new structure in the F1 Land Use District.
h. Provide sidewalks on both sides of the entry drive to DA I from the intersection of Factoria Boulevard with SE 40th Street prior to occupancy of any new structure in DA IV. If sidewalks are not constructed prior to occupancy of the first new structure in DA II, a temporary stair connection is required to be constructed between the transit shelter and the parking field at the southwest corner of the intersection of Factoria Boulevard and SE 40th Street.
i. Provide crosswalks south across SE 41st Place and west across 124th Avenue SE at the southwest corner of DA II.
2. Landscaping.
a. Landscaping shall include a combination of hardscapes and planting, i.e., plaza, square, terraces, etc.
b. Provide trees and vertical landscaping to give scale to buildings, to soften expanses of surface parking and open parking decks and for privacy in the residential courtyards.
c. Use a variety of paving designs and/or treatments to differentiate site conditions, such as primary intersections, sidewalks, shared people-vehicle streets, plazas, and retail, office, and building entrances.
3. Lighting.
a. Provide light fixtures with adjustable shielding to avoid conflicts with residential uses.
C. Building Design.
1. Integrate weather protection into retail store fronts through use of awnings, loggias, pergolas, and deep overhangs.
2. Locate service areas for trash dumpsters, recycling, loading docks and mechanical equipment away from public rights-of-way, on-site streets and pedestrian paths where possible. Screen views of those elements if they cannot be located away from public frontages.
3. Provide shop entrances and display openings oriented toward on-site streets, pedestrian paths and gathering places.
4. Express retail spaces as individual buildings. Height of shop front shall extend to top of parapet, or to top of second floor level in parking structures.
5. Provide integrated weather protection that is predominantly continuous for the retail and restaurant frontages on the east side of 125th Avenue SE and the west side of 127th Avenue SE.
6. Exposure to parking garage facades along residential building frontages on perimeter streets is not permitted, except for parking entrances.
7. Provide building modulation to break down the scale of the residential frontages above 30 feet as measured from the sidewalk grade.
8. Building tops shall be well expressed. All HVAC, flues, antennas, satellite dishes, etc., on roofs of new buildings shall be screened from view from Factoria Boulevard SE and perimeter streets designated in LUC 20.25F1.015. Screen shall be a continuous integral part of the building architecture, not isolated around each HVAC unit.
9. Parking Structures.
a. Minimize garage openings on streets and design them to complement the design of the adjacent building. Finish walls and ceilings that are visible from the right-of-way.
b. Provide lighting and wayfinding graphics for retail parking areas.
c. Provide integrated continuous weather protection for 100 percent of the retail and restaurant frontages that are not located adjacent to a required landscaped setback at the base of parking structures.
d. Limit visual exposure from perimeter streets to the interior of retail parking garages located in DA III and IV to 50 percent of the ground floor perimeter. Openings should be limited to a maximum width of 10 feet, unless screened with landscaping.
D. Gateways and Gathering Places.
1. Gateway Standards.
a. Spaces shall be oriented to the property corners.
b. Provide connections from the gateway to the neighborhoods to the south and east and commercial areas to the north and east by designing the gateway to serve as a focal point and visual landmark for the F1 Land Use District.
c. Provide visual and physical accessibility to gateway spaces from the abutting sidewalk on Factoria Boulevard and locate the gateway at or near the sidewalk grade.
d. Provide visual and walking connections between the gateways and entrances to the retail center and outward facing retail located in DA I.
e. Northeast Corner. Provide crosswalks in both directions and weather protection from the corner to the Factoria Mall entry.
f. Southeast Corner. Provide crosswalks in both directions. Use the entrance plaza and adjoining building spaces to create a predominantly weather-protected path to the Factoria Mall entries.
g. Provide weather-protected seating and building entrances, and landscaping with all-season interest.
h. Provide handicapped accessibility.
2. Public Gathering Spaces.
a. Locate as part of a comprehensive system of spaces in the F1 Land Use District.
b. Each public space will include amenities such as a streetscape, sitting area, plaza, or square.
c. Provide spaces that are of adequate size to accommodate seating, planting, etc., but not so large as to appear barren and uninviting.
d. Provide seating at comfortable height and depth, and arrangement appropriate for both single and group users.
e. Use nonglare, nonslip, and safe surface materials.
f. Consider provision for shade and sun, and provide protection from wind.
g. Use building separation and human scale massing to create pedestrian space.
h. Use pedestrian-scaled lighting, fountains or other water features, litter receptacles and sheltered waiting areas.
i. Use landscaping or structure to provide a sense of enclosure, while ensuring visual access for safety.
j. Incorporate a gathering space at the corner of 124th Avenue SE and SE 41st Place.
E. Prohibited Materials. The following materials are not permitted:
1. Shiny or reflective materials.
2. Vinyl siding.
3. Natural smooth gray concrete block, painted or unpainted.
4. Wood roof materials. (Ord. 6839, 3-4-25, § 44; Ord. 5726, 3-19-07, § 3)
20.25F1.115 Factoria TownSquare building/sidewalk design standards.
A. Applicability. The standards contained within this section apply to any development project that abuts a public right-of-way, on-site street, or pedestrian path designated pursuant to LUC 20.25F1.015.
B. Intent. The intent of these standards is to ensure that the streetscape is pedestrian-oriented, comfortable, spacious, and safe, with a strong relationship to the ground floor of each building and the activities inside where appropriate. The intent from an auto perspective is to provide a rhythm set by the tree spacing. Nodes such as corners, intersections and pedestrian crossings are likely locations where the street tree pattern breaks and other design elements with more of an accent function are provided. The regular tree spacing provides a base from which other urban design elements such as planters, benches, lights, and accent elements can be related.
C. Perimeter Street Standards.
1. Type A – Retail Street with High Pedestrian Orientation.
a. Intent. Rights-of-way designated “Type A” have the highest orientation to pedestrians. This shall be achieved by emphasizing the design relationship between the first level of the structure and the horizontal space between the structure and the curb line. This relationship should emphasize to the greatest extent possible both the physical and visual access into and from the structure as well as the amenities and features of the outside pedestrian space.
b. Standards.
i. Street level edges shall incorporate retail or recreational activities.
ii. The following characteristics shall be incorporated into the design of the structure:
(1) Windows providing visual access.
(2) Streetwalls.
(3) Multiple entrances, with emphasis on retail entrances to the gateway area.
(4) Canopies, awnings or arcades.
iii. The following characteristics should be incorporated into the design of the gateway:
(1) Decorative paving treatment.
(2) Seating.
(3) Trash and recycling receptacles.
(4) Additional pedestrian furnishings such as raised planters, pots, public art, water fountains, bicycle racks and pedestrian lighting.
2. Type B – Retail Street with Moderate Pedestrian Orientation.
a. Intent. Streets designated “Type B” shall have moderate orientation to pedestrians. This shall be achieved by designing some relationship between exterior and interior activities with respect to visual access, or by designing landscape setbacks to be comfortable and inviting for pedestrians. Design attention should be given to sidewalk-related activities and amenities.
b. Standards.
i. Street frontage provided in lieu of landscaped setbacks required pursuant to LUC 20.25F1.050 shall incorporate the following characteristics:
(1) Provide a minimum 50 percent of ground level building elevations as tenant frontage spaces.
(2) In mixed use buildings, provide a 10-foot stepback at a height of 30 feet above the sidewalk grade or at the first floor that the mix of uses changes between parking or retail and residential above, whichever is less.
(3) Avoid Blank Façades. A blank façade consists of a windowless area that is larger than 1,000 square feet. In nontenant space façades, mitigation for blank walls shall be provided through the addition of planting, modulation, materials variation, artwork or other features that cover at least 50 percent of the blank façade area.
ii. Street frontages with landscaped setbacks provided pursuant to LUC 20.25F1.050 shall incorporate the following characteristics:
(1) Provide ground floor building elements that are accessible and comfortable to pedestrians through use of human-scale design elements, such as planters, benches, variations in paving materials and lighting features.
(2) Provide weather protection at gathering places through use of sheltered walkways or sidewalks.
iii. Design entries to be clearly identifiable from the perimeter rights-of-way.
3. Type C – Neighborhood Streets.
a. Intent. Neighborhood streets shall complement residential uses. This shall be achieved by incorporating landscape features that soften building frontages by creating a relationship with the uses that occur inside. Housing should include front yard landscaped areas or private stoops and preserve existing mature trees. The appearance of large monolithic structures is avoided by use of a combination of setbacks, stepbacks, and building modulation. Design attention should be given to amenities that complement the residential character and moderate the retail frontages located here.
b. Standards.
i. Screen existing surface parking lots in DA II prior to the introduction of residential dwelling units, utilizing street walls, landscaping and artwork to define the site edge. The screening shall be installed prior to occupancy of the first residential unit.
ii. Provide landscaping in the setback for retail frontages pursuant to LUC 20.25F1.050.
iii. Provide ground floor residential dwelling units with primary pedestrian access directly to the street.
iv. Provide landscaping in the setback for residential frontages that includes green borders, low garden walls, landscaping and pedestrian amenities to define the building edge at the back of the sidewalk.
D. On-Site Street Guidelines.
1. Type D – On-Site Streets.
a. Intent. On-site streets are pedestrian-oriented, comfortable, spacious, and safe, with a strong relationship to the ground floor of each building and the activities inside where appropriate. The on-site streets are intended to accommodate shared use by pedestrians and vehicles. Adherence to these standards will facilitate the transformation of driveways to infrastructure that operates and feels like streets with pedestrian-oriented frontage and amenities.
b. Standards.
i. Provide linkages to existing City of Bellevue street grid at every opportunity. On-site streets should be named to correspond with Bellevue City street grid. See grid depicted on the map entitled “F1 Land Use District Street Designation.”
ii. Provide weather protection in the form of canopies and other devices that are continuous for each retail frontage.
E. Pedestrian Paths.
1. Type E – Pedestrian Paths.
a. Intent. The intent of these guidelines is to provide connections between the retail center, gateways, stand-alone retail and perimeter sidewalks that are separated by surface parking areas and where there is not adjacent development.
b. Standards.
i. Provide weather protection at gathering spaces located on pedestrian paths where feasible.
ii. Utilize paving materials and patterns to differentiate the street and walkways from adjacent parking. (Ord. 6839, 3-4-25, § 45; Ord. 5726, 3-19-07, § 3)
20.25G.010 Purpose and creation.
The Evergreen Highlands Subarea Transportation Improvement Overlay District is established for the area delineated on the following map for the purpose of implementing phased transportation improvements to mitigate the adverse impacts of development on the pre-existing circulation system. Phased development with associated transportation improvements and limited access to NE 40th Street, Bellevue-Redmond Road and 156th Avenue NE will result in an efficient transportation system for the subarea and surrounding properties. (Policies 21.V.9.070-.083)
(Ord. 3219, 1-17-83, § 8)
20.25G.020 Required improvements – General.
Each development within the Evergreen Highlands Subarea Transportation Improvement Overlay District shall either:
A. Provide for individual improvements as required by LUC 20.25G.030; or
B. Provide an irrevocable commitment from a sufficient number of property owners to insure a Local Improvement District can proceed for the design and construction of improvements 1 through 11 as defined in LUC 20.25G.030 prior to the issuance of any Clearing and Grading Permit, Building Permit or other permit authority construction or site modification of any kind. (Ord. 3219, 1-17-83, § 8)
20.25G.030 Improvement phasing option.
A. If the applicant chooses to develop and provide individual transportation improvements pursuant to LUC 20.25G.020.A, the following phasing schedule must be met:
Evergreen Highlands Transportation | |||
|---|---|---|---|
Location | Percentage of Development Allowed (9) | Arterial Connection | Necessary Improvements by Section to Arterial System Before Occupancy Allowed (see Transportation Improvement Phasing Map) |
EH-A | 50% | NE 40th (1) | 1,2,4 |
50% | Bel-Red Road (1) | 5,6 | |
EH-B | 40% | NE 40th (1) | 1,2,3,4 |
40% | 5,6 | ||
20% | 38th St. off-ramp (4) | 11 | |
EH-C | 40% | NE 40th (1) | 1,2,3,4 |
40% | 1,2,3,7,8,9,10 | ||
20% | 38th St. off-ramp (4) | 11 | |
EH-D | 40% | 6,7 | |
40% | 7,8,9 | ||
20% | 38th St. off-ramp (4) | 11 | |
East of Bel-Red Rd. | 100% | None | None |
Between 156th Ave. NE and SR 520 | 80% | 1,2,9,10 | |
20% | 38th St. off-ramp (4) | 11 | |
West of SR 520 | 100% | 1 | |
Improvement Phasing Option – Notes:
(1)Only one access from the location is permitted from the named street.
(2)No more than two accesses from the location are permitted from the named street.
(3)Must be located north of the intersection of NE 30th Street and Bellevue-Redmond Road.
(4)This requirement does not apply if a City petition for an off-ramp is rejected by the State Highway Commission.
(5)Access points must be aligned with NE 31st Street and the proposed off-ramp from SR 520.
(6)Additional access points may be allowed if in the judgment of the Transportation Director connection to a single major access point cannot be developed.
(7)All development must be compatible with the future construction of improvement # 11. Minimum setback from the future right-of-way is at least 50 feet.
(8)Development must be consistent with the future development of an on-ramp from approximately NE 40th Street to SR 520 (westbound) and a minimum setback of 50 feet from such necessary right-of-way.
(9)Measured in allowable floor area or number of dwelling units.
B. Improvement Commitment Required. No Clearing and Grading Permit, Building Permit or other permit authorizing construction or site modification may be issued until:
1. A Local Improvement District has been successfully formed for each required improvement; or
2. A construction contract has been signed and filed with the City for each required improvement.
C. Construction Completion Requirement. No Certificate of Occupancy or Temporary Certificate of Occupancy may be issued for a structure on the subject property until all improvements required for that development have been completed and approved by the Transportation Director or other appropriate department head. (Ord. 5480, 10-20-03, § 21; Ord. 3219, 1-17-83, § 8)
20.25G.040 Exempt development.
No construction or provision for transportation improvements pursuant to this part, other than participation in a Local Improvement District formed pursuant to LUC 20.25G.020.B, is required if the subject property:
A. Is less than two acres; and
B. Existed as a separate lot on the effective date of this provision; and
C. Is not part of a contiguous ownership of two or more acres. (Ord. 3219, 1-17-83, § 8)
20.25E.010 General.
A. Authority. This chapter is adopted as the City of Bellevue Shoreline Master Program (SMP). The SMP is adopted under the authority of Chapter 90.58 RCW, the Shoreline Management Act of 1971 (SMA) as adopted or hereafter amended or superseded. The purpose of the SMP is to fulfill the public purpose of preserving important shoreline natural resources of the state and City, and to protect and promote the public, heath, safety, and general welfare in a manner that balances resource protection and use of the shoreline while respecting property rights through regulation of development only to an extent that is consistent with all relevant constitutional and other legal limitations.
B. Shoreline Master Program Elements.
1. The SMP consists of the following policies, regulations, and documents:
a. The Shoreline Element of the City of Bellevue Comprehensive Plan, BCC Title 21.
b. This part, commonly referred to as the Shoreline Overlay District. This part has been annotated for ease of use. Definitions of shoreline-specific terms are located in LUC 20.25E.280. Definitions of general terms that apply throughout the Land Use Code are located in Chapter 20.50 LUC (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP.
c. Part 20.25H LUC, Critical Areas Overlay District (as set forth in the Land Use Code on May 21, 2018), exclusive of sections listed in LUC 20.25E.010.C.1.c.
2. The SMP consists of the following policies, maps, and documents which are included to comply with Department of Ecology submittal requirements for an SMP. The following documents are informational only, and do not have a regulatory effect on property located within shoreline jurisdiction:
a. The Shoreline Environments Designation Map.
b. Shoreline Jurisdiction Maps.
c. Shoreline Inventory and Characterization.
d. Shoreline Restoration Element of the SMP. This document shall not be considered to contain regulations, but shall be used as a guideline for capital improvement planning by the City and other entities undertaking ecological shoreline restoration activities within the Shoreline Overlay District in Bellevue.
e. Shoreline Cumulative Impacts Analysis.
3. A complete copy of all SMP elements is filed with the Department of Ecology and the City Clerk and is available for examination by the general public in the Records Division. Another printed copy is available at the Development Services Department or its successor entity. Additionally, a copy is electronically available on the City of Bellevue website at .
C. Scope.
1. Applicability. The regulatory portion of the SMP contains standards and procedures applicable to development and uses within the Shoreline Overlay District, which includes any site that is in whole or in part within the areas described in subsection C.2 of this section. All proposed uses and development within the Shoreline Overlay District must conform to the SMA and the SMP. The policies and regulations of this SMP apply to all shoreline uses and developments regardless of whether a shoreline permit is required, and will be implemented only to an extent that application to a proposal is consistent with all relevant constitutional and other legal limitations.
a. Overlay. The shoreline regulations contained in this part shall apply as an overlay. Land use regulations, development regulations, and other regulations, ordinances, and standards established by the City apply to projects located within the Shoreline Overlay District, unless made specifically inapplicable by subsection C.1.c of this section. Unless expressly incorporated by reference, general land use regulations, development regulations, and other regulations, ordinances, and standards of the City are not part of the SMP that is subject to the shoreline review and appeal procedures set forth in LUC 20.25E.100 through 20.25E.140.
b. Relationship to Other Policies and Regulations.
i. Non-Critical Area Conflicts. In the event of any conflict between this part and any other regulations of the City, except the Critical Areas Overlay District, the regulations contained in this SMP shall prevail except as specifically required by this part.
ii. Critical Area Conflicts. In the event of a conflict between the provisions of this part and Part 20.25H LUC (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP), the provisions providing the most protection to critical area functions and values shall prevail. Otherwise, the provisions of this part shall apply.
c. Regulations Not Applicable in the Shoreline Overlay District. The following regulations of the Land Use Code, this title now or as hereafter amended, do not apply in the Shoreline Overlay District. Unless specifically listed below, all other regulations apply.
i. Uses, except as specifically noted in LUC 20.25E.030:
(1) LUC 20.10.400, Use chart described – Interpretation;
(2) LUC 20.10.420, Interpretation of land use chart by Director; and
ii. General Development Standards:
(1) LUC 20.20.010 Minimum Greenscape Percentage of Front Yard Setback and associated Note 40.
(2) LUC 20.20.025 within the shoreline structure setback required by LUC Charts 20.25E.050.A and 20.25E.065.C.2.
(3) LUC 20.20.840, Subordinate Uses.
(4) LUC 20.20.900 within the vegetation conservation area defined pursuant to LUC 20.25E.065.F.5.
iii. Critical Areas Regulations. The following regulations from the Critical Areas Overlay Code, Part 20.25H LUC (as set forth in the Land Use Code on May 21, 2018) now or as hereafter amended, do not apply in the Shoreline Overlay District:
(1) LUC 20.25H.190, Reasonable use exception – Purpose.
(2) LUC 20.25H.195, Reasonable use exception – Process.
(3) LUC 20.25H.200, Reasonable use exception – Applicability.
(4) LUC 20.25H.205, Reasonable use exception – Performance standards.
2. Shoreline Overlay District Jurisdiction. The SMP applies to shorelines of the state, which include shorelines of statewide significance and shorelines as defined in RCW 90.58.030 and this subsection. The Shoreline Overlay District jurisdiction encompasses those lake waters 20 acres in size or greater and those stream waters with a mean annual water flow exceeding 20 cubic feet per second; the shorelands underlying them; the lands extending landward for 200 feet in all directions from the OHWM on a horizontal plane to a point that results in the required 200-foot dimension; floodways and contiguous floodplain areas landward 200 feet from such floodways associated with such streams and lakes; and all wetlands associated with such streams and lakes. Specifically included in the Shoreline Overlay District jurisdiction are the following:
a. Lake Washington, including Mercer Slough upstream to Interstate 405 – The lake waters, underlying lands and the area 200 feet landward of the ordinary high water mark, plus associated floodways, floodplains, and wetlands;
b. Lake Sammamish – The lake waters, underlying lands and the area 200 feet landward of the ordinary high water mark, plus associated wetlands;
c. Lower Kelsey Creek – The creek waters, underlying lands, and territory between 200 feet on either side of the top of the banks, plus associated floodways, floodplains, and wetlands;
d. Phantom Lake – The lake waters, underlying lands and the area 200 feet landward of the ordinary high water mark, plus associated floodways, floodplains, and wetlands;
e. On lakes Sammamish and Washington, waterward from the ordinary high water mark or specified vertical elevation representing the ordinary high water mark to the City’s jurisdictional boundary.
D. Environment Designations (Shoreline Use Districts). The SMP classifies shoreline areas into six unique environment designations or shoreline use districts. These designations are based on the existing use pattern, the biological and physical character of the shoreline as identified in the Shoreline Inventory and Characterization, and the community goals as expressed in the Bellevue Comprehensive Plan. The SMP contains environment-specific policies and regulations to address the type of shoreline uses allowed, conditionally allowed and prohibited, dimensional standards, and other regulations necessary to assure implementation of the specific environment purpose. The six shoreline environments designated in Bellevue are:
1. “Aquatic” (A) Environment.
a. Purpose. The purpose of the aquatic environment is to protect, manage, and restore the unique characteristics and resources of the areas waterward of the ordinary high water mark (OHWM) while balancing the promotion of recreational uses, such as docks and marinas, that are constructed in a manner that protects the resource.
b. Designation Criteria. An aquatic environment designation is assigned waterward from the OHWM to the City of Bellevue jurisdictional limit.
2. “Urban Conservancy” (UC) Environment.
a. Purpose. The purpose of the urban conservancy environment is to maintain shoreline ecological functions and foster opportunities to restore shoreline ecological functions while allowing compatible uses and development, such as public and private access to the shoreline. The primary management goal in the UC environment is to recognize existing recreation resources and focus restoration in areas where benefits to overall ecological functions and processes can be realized while allowing a range of compatible uses. This goal should be furthered by keeping the overall development intensity low and by husbanding or enhancing the natural character of the UC environment.
b. Designation Criteria. An urban conservancy environment designation is assigned to Bellevue shorelands with moderate to high levels of existing ecological function for which existing and planned development is compatible with maintenance or restoration of ecological functions. Included are those areas where:
i. Development and uses are confined to those activities that support recreation, public access to the shoreline, or low-density residential uses that are compatible with maintenance and restoration of shoreline ecological functions;
ii. Shoreline ecological functions are more intact than areas designated shoreline residential;
iii. There is obvious potential for ecological restoration; and
iv. Critical areas or cultural features are present that require heightened restrictions on development and use.
3. “Urban Conservancy – Open Space” (UC-OS) Environment.
a. Purpose. The purpose of the urban conservancy – open space environment is to protect, retain, or restore those shoreline areas that are relatively free of urban development or that include intact or minimally degraded shoreline functions intolerant of urban development. These systems require limitations on use and development intensity to maintain the ecological functions and ecosystem-wide processes. The primary management goal is to focus restoration where benefits to the Shoreline Overlay District functions and processes can be realized overall, while allowing a range of more urban development to occur in the shoreline residential, shoreline residential canal and recreational boating environment designations. In the UC-OS, the focus is on dispersed, low-intensity recreation, with walking, running, wildlife viewing, and scientific education being the primary uses. The purpose of this environment designation is furthered by keeping the overall intensity of development low and by husbanding or enhancing the natural character of the area.
b. Designation Criteria. An urban conservancy open-space environment designation is assigned to Bellevue shorelands with relatively high levels of existing ecological function for which existing and planned low-intensity development is compatible with maintaining or restoring ecological functions. Included are those areas where:
i. Development activities and uses are confined to those activities that support low-intensity, dispersed recreation, or other low-intensity uses that are compatible with maintenance and restoration of shoreline ecological functions;
ii. Ecological functions are more intact than areas designated urban conservancy;
iii. Ecological function is high and ecological processes are mostly intact and there is obvious potential for shoreline ecological restoration; and
iv. Critical areas or cultural features are present that require heightened restrictions on use and development.
4. “Shoreline Residential” (SR) Environment.
a. Purpose. The purpose of the shoreline residential environment is to accommodate single or multifamily residential development and appurtenant structures.
b. Designation Criteria. A shoreline residential environment designation is assigned to Bellevue shorelands which are predominantly characterized by residential development or are planned for residential development and exhibit moderate to low levels of ecological functions because of historic shoreline modification activities.
5. “Shoreline Residential Canal” (SRC) Environment.
a. Purpose. The purpose of the shoreline residential canal environment is to maintain single-family residential development adjacent to artificially created canals in the Newport Shores community. The SRC designation acknowledges the unique characteristics of that portion of the Newport Shores community that is dependent on the artificial canals for access to waters of the state for the purpose of navigation. This environment also identifies specific physical and biological constraints related to the presence of engineered bulkheads that support the artificial canal system and the filled lands behind the bulkheads.
b. Designation Criteria. A shoreline residential canal environment designation is assigned to Bellevue shorelands within the Newport Shores community with frontage along an artificial canal system which is dependent on engineered bulkheads for structural support. These areas are characterized by a relatively low level of shoreline ecological function. The SRC environment does not include those Newport Shores properties with frontage on the Lake Washington shoreline.
6. “Recreational Boating” (RB) Environment.
a. Purpose. The purpose of the recreational boating environment is to provide a variety of water-dependent and water-oriented uses, with primary focus on activities associated with recreation. The RB environment should not support heavy commercial or industrial uses, other than limited commercial activities conducted accessory to a marina use.
b. Designation Criteria. A recreational boating environment designation is assigned to Bellevue shorelands currently used as marinas (both public and private), yacht clubs, community clubs supporting water-dependent recreational boating uses, and associated activities. Additional RB areas may be designated as demand for public access to viewing, water-oriented recreation, and recreational boating facilities increases.
E. Shoreline Environments Designation Map. The Shoreline Environments Designation Map is the graphic representation of the Bellevue shorelines regulated under this part. The adopted map identifies the shoreline environment designations to the individual parcel level, as well as a generalized representation of the extent of the shoreline jurisdiction. The shoreline jurisdiction on the map is an approximate representation of the extent and location of the Shoreline Overlay District and has not been formally delineated or surveyed. Shoreline jurisdiction is defined in state law as measured from ordinary high water mark, and additional site-specific evaluation may be required to confirm the location of the Shoreline Overlay District prior to undertaking any shoreline modification.
F. Shorelines of Statewide Significance.
1. Purpose and Scope. Under the SMA, shorelines of statewide significance are accorded special emphasis and the interest of all the people shall be paramount in their management.
2. Designation of Shorelines of Statewide Significance. Shorelines of statewide significance in Bellevue include lakes Washington and Sammamish and their associated shorelands. Mercer Slough’s wetlands are associated with Lake Washington and therefore are shorelines of statewide significance.
3. Priority of Uses. Development, redevelopment, and use of lakes Washington and Sammamish and their associated shorelands were prioritized as set forth in RCW 90.58.020(1)through (7) in developing the SMP. Pursuant to WAC 173-26-181, preferred uses exhibit the characteristics listed below in descending order of priority:
a. Recognize and protect the statewide interest over local interest for shorelines of statewide significance.
b. Preserve the natural character of the shorelines.
c. Result in long-term over short-term benefits.
d. Protect the resources and ecology of the shorelines.
e. Increase public access to publicly owned areas of the shorelines.
f. Increase recreational opportunities for the public in the shoreline.
g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. (Ord. 6416, 5-21-18, § 2)
20.25E.020 Shoreline uses described.
A. Shoreline Use Preferences. It is the intent of the SMP to manage the use and development of Bellevue’s shorelines consistent with the legislative priorities established for shorelines of statewide significance and the shoreline use preferences both described in RCW 90.58.020. The shoreline uses allowed in Bellevue pursuant to LUC 20.25E.030 (Shoreline Use Charts) help to achieve the legislative objectives by giving preference to specific uses on shorelines of statewide significance, uses which are consistent with control of pollution and prevention of damage to the natural environment, and uses that are unique to or dependent upon use of the state’s shoreline as described below.
1. For uses on shorelines of statewide significance, the use preferences in LUC 20.25E.010.F were applied.
2. For uses that require alteration of the shorelines of the state, in those limited conditions when alteration is authorized, priority was given for:
a. Single-family residences and their appurtenant structures;
b. Shoreline recreational uses, including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines;
c. Commercial development that is particularly dependent on its location on or use of the shorelines; and
d. Other development that will provide an opportunity for substantial numbers of the people to enjoy the shoreline.
B. Applicability of the Use Charts. The Shoreline Use Charts contained in LUC 20.25E.030 apply in the Shoreline Overlay District. The uses and activities contained in LUC 20.25H.055 (Critical Areas Overlay District) may also be undertaken in the Shoreline Overlay District when located in critical areas identified pursuant to LUC 20.25H.030. The land use charts contained in LUC 20.10.440 do not apply in the Shoreline Overlay District, except as specifically noted in LUC 20.25E.030.
C. Use Chart Interpretation.
1. In Chart 20.25E.030, shoreline use classifications are listed on the vertical axis. City of Bellevue shoreline environments are listed on the horizontal axis. The following use chart description and interpretation provisions apply within the Shoreline Overlay District, and the general land use code chart interpretation provisions of LUC 20.10.400 and 20.10.420 do not apply.
a. If the symbol “X” appears in the box at the intersection of the column and the row, the use is not allowed in that shoreline environment.
b. If the symbol “SSDP” appears in the box at the intersection of the column and the row, the use is permitted subject to the applicable provisions of the SMP, and to Shoreline Substantial Development Permit provisions contained in LUC 20.25E.120 (Shoreline Process II), LUC 20.25E.160 (Shoreline Substantial Development Permits) and LUC 20.25E.170 (Letters of Exemption).
c. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the Shoreline Conditional Use Permit provisions contained in LUC 20.25E.110 (Shoreline Process I) and LUC 20.25E.180 (Shoreline Conditional Use Permits), in addition to any applicable provisions of the SMP.
d. 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 procedural and substantive provisions contained in the corresponding Notes. Numbers appearing in the land use classification column apply to the entire row.
2. Interpretation of Shoreline Use Charts by Director.
a. Director’s Authority. In the case of a question as to the inclusion or exclusion of a proposed use in a particular use category, the Director shall have the authority to make the final determination. The Director shall make the determination according to the operational characteristics of the operation of the proposed use and based upon the Director’s interpretation of the Standard Land Use Coding Manual, the Standard Industrial Classification Manual, and the North American Industry Classification System. Written interpretations associated with this program will be prepared in consultation with the Department of Ecology pursuant to WAC 173-26-140.
b. Appeal. An applicant may appeal the final decision of the Director pursuant to subsection C.2.a of this section by requesting an interpretation of the use charts contained in LUC 20.25E.030 relating to the inclusion or exclusion of a proposed use. This request for interpretation of the Land Use Code charts will be processed pursuant to Part 20.30K LUC.
D. Prohibited Uses in the Shoreline Jurisdiction.
1. General. Uses identified under subsection D.2 of this section are specifically prohibited in all shoreline environments. Prohibited shoreline uses or activities shall not be authorized through a shoreline variance, Shoreline Conditional Use Permit, or other permit or approval.
2. Prohibited Uses in All Shoreline Environments. The following uses and activities are prohibited:
a. Mining, quarrying (including sand and gravel), oil and gas extraction. Standard Land Use Code Reference number 85.
b. Forestry. Standard Land Use Code Reference number 83.
c. Manufacturing. Standard Land Use Code reference numbers 2 and 3.
d. Solid waste disposal. Standard Land Use Code Reference number 485.
e. Non-water-dependent governmental services (Standard Land Use Code Reference numbers 671, 672, and 673) and limited governmental services.
f. Military and correctional institutions (Standard Land Use Code Reference numbers 674 and 675) and secure community transition facilities.
g. Educational institutions, including primary, secondary, universities, colleges, and special schools (Standard Land Use Code Reference numbers 681, 682 and 683), except as noted in the Shoreline Use Chart – Services, Note 2.
3. If a use is not listed as a land use classification in the shoreline use charts contained in LUC 20.25E.030, then the use is prohibited. (Ord. 6416, 5-21-18, § 2)
20.25E.030 Shoreline use charts.
The following charts apply to uses within the Shoreline Overlay District. The use charts in LUC 20.10.440 apply only to that portion of a site outside of the Shoreline Overlay District except as specifically noted in this section. If a use is not listed as a land use classification in the shoreline use charts in this section, then the use is prohibited.
RESIDENTIAL CHART
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
X | SSDP (1) | SSDP (1) | SSDP | SSDP | SSDP (2) | |
Multifamily Dwellings (Two or more units per structure) | X | X | SSDP (3) | SSDP (4)(5) | X | X |
X | X | X | SSDP (5)(6) | X | X | |
X | X | X | SSDP/C (5)(7) | X | X | |
X | X | X | SSDP/C (5)(7) | X | X | |
Accessory Dwelling Unit (8) | X | SSDP | SSDP | SSDP | SSDP | X |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments – Residential:
(1)Single-family dwellings are allowed in this shoreline environment only if there is no other feasible alternative, pursuant to the requirements of LUC 20.25E.060.C (Technical Feasibility Analysis), to locate the building on the portion of the property outside the Shoreline Overlay District.
(2)One dwelling unit is allowed if ancillary to a legally established land use identified in the Recreation Chart.
(3)Multifamily dwellings are permitted within the urban conservancy environment only on parcels located in an Office (O) or Office Limited Business (OLB) land use district pursuant to LUC 20.10.440, and when developed consistent with the requirements contained in LUC 20.25E.040 (Nonconforming shoreline conditions).
(4)Multifamily development located in the shoreline residential environment shall not exceed the dwelling units per acre requirement for the underlying land use district (refer to LUC 20.20.010).
(5)An agreement must be recorded with the King County Department of Records and Elections, or its successor agency, restricting senior citizen dwellings, congregate care senior housing, or assisted living to remain for the life of the project as senior housing.
(6)Congregate care senior housing is a permitted use when more than 50 percent of the dwelling units contain kitchens and are designed for independent living; all other congregate care senior housing requires approval through the shoreline conditional use process (refer to LUC 20.25E.110 and 20.25E.180).
(7)Nursing homes and assisted living facilities are a permitted use when part of a multifamily development that comprises more than 50 percent of the net floor area of the entire project; all other nursing homes and assisted living facilities require approval through the Shoreline Conditional Use Permit process (refer to LUC 20.25E.110 and 20.25E.180).
(8)Accessory dwelling units may be established pursuant to applicable provisions of the SMP and the requirements of LUC 20.20.120 (Accessory Dwelling Units).
TRANSPORTATION AND UTILITIES CHART (3)
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
Water-Dependent Transportation: Commercial Float Plane and Ferry Terminal | (1) | X | X | X | X | C (11) |
Highway and Street Rights-of-Way (2) | C/SSDP (3) | C/SSDP (3) | C/SSDP (3) | SSDP | SSDP | SSDP |
Railroads (2) | C | C | C | C | C | C |
Pedestrian and Bicycle Facilities (2) | SSDP | SSDP | SSDP | SSDP | SSDP | SSDP |
Accessory Parking, Loading and Maintenance Access | X | (4) | (4) | (4) | (4) | (4) |
Regional Light Rail Transit System or Facility | SSDP/C (12) | SSDP/C (12) | SSDP/C (12) | SSDP/C (12) | SSDP/C (12) | SSDP/C (12) |
Park and Ride (2) | X | C | C | C | C | C |
Utility Facility, excluding Electrical Utility Facility (2)(5) | C/SSDP | C/SSDP | C/SSDP | C/SSDP | C/SSDP | C/SSDP |
SSDP | SSDP | SSDP | SSDP | SSDP | SSDP | |
Regional Utility System, Except Electrical Utility Facility (2)(5)(6) | C/SSDP | C/SSDP | C/SSDP | C/SSDP | C/SSDP | C/SSDP |
Essential Public Facility (2)(7) | C | C | C | C | C | C |
Wireless Communication Facility (WCF): (Without WCF Support Structures) (2)(8) | X | C | C | C | C | C |
Communication, Broadcast and Relay Towers including WCF Support Structures (Freestanding) (2)(8) | X | C | C | C | C | C |
Satellite Dishes (9) | X | SSDP | SSDP | SSDP | SSDP | SSDP |
Electrical Utility Facility (2)(10) | C | C | C | C | C | C |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments – Transportation and Utilities:
(1)Moorage and landing facilities may be allowed only as accessory to a water-dependent transportation use approved through the Shoreline Conditional Use Permit process (refer to LUC 20.25E.110 and 20.25E.180).
(2)This use may be approved through the required shoreline review process only if there is no technically feasible alternative pursuant to the requirements of LUC 20.25E.060.C (Technical Feasibility Analysis).
(3)A City system or facility not identified in a Council-adopted Master Plan requires approval through the Shoreline Conditional Use Permit process (refer to LUC 20.25E.110 and 20.25E.180) and is also subject to the Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170). A City system or facility is a permitted shoreline use subject only to the Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170); provided, that the following criteria are met:
(a)The City system or facility is identified in a Council-adopted Master Plan;
(b)The City system or facility identified in the Council-adopted Master Plan shall be established, developed, expanded or modified consistent with the terms of the Council-adopted Master Plan; and
4Accessory parking, loading and maintenance access may be approved through the shoreline review process required to allow the specific use that is served by the parking.
5Refer to LUC 20.20.650 for general requirements applicable to public utilities.
6Connections to a legally established utility facility or local utility system are permitted.
7Refer to LUC 20.20.350 for general requirements applicable to essential public facilities.
8Refer to LUC 20.20.195 for general requirements applicable to communication facilities.
9Satellite dishes are permitted only when affixed to a structure housing a legally established shoreline use. Refer to LUC 20.20.730 for general requirements applicable to large satellite dishes.
10For 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 in the Shoreline Overlay District, the applicant shall obtain Shoreline Conditional Use Permit approval under LUC 20.25E.110 and 20.25E.180, 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.
11Upland components of this use that are located outside of the Shoreline Overlay District shall be permitted subject to the conditional use provisions as specified in Part 20.30B LUC and to general requirements for the use and the use district.
12Refer 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 shoreline 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 36.708 RCW and consistent with LUC 20.25M.030.B.1.
WHOLESALE AND RETAIL CHART
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
Water-Dependent Commercial, Wholesale, Retail | X | X | (1)(2) | X | X | (1)(2) |
Water-Related, Water-Enjoyment Commercial, Wholesale, Retail | X | X | (1)(2) | X | X | (1)(2) |
Retail Boat Sales | X | X | X | X | X | (1)(2) |
Marina Fueling Stations | X | X | X | X | X | (1)(2) |
Eating and Drinking Establishments | X | X | (1)(2) | X | X | (1)(2) |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments – Wholesale and Retail:
(1)Accessory to a private marina, yacht club, community club or public/private park. This use may be permitted as an accessory and subordinate use through the shoreline review process required for the legally established recreation use to which it is accessory.
(2)Accessory to a public marina or City park. This use may be permitted as an accessory and subordinate use through the shoreline review process required for the legally established City park use to which it is accessory.
SERVICES CHART
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
Environmental Education and Interpretive Centers | (1) | (1)(2) | (1)(2) | X | X | (1)(2) |
X | X | C | C | C | C | |
Administrative Office – General | X | X | X | X | X | (3) |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments - Services:
(1)Accessory to a City park. An environmental education or interpretive center use may be approved through the review process applicable to the City park use to which it is accessory.
(2)Not Accessory to a City park. An environmental education use may be approved for facilities that by their nature are dependent on a shoreline location through the Shoreline Conditional Use Permit process (refer to LUC 20.25E.110 and 20.25E.180). An environmental education use does not include primary, secondary, universities, or colleges, unless the school is dependent on a shoreline location to meet the school’s educational purpose.
(3)An office is permitted if accessory and subordinate to a legally established use located in the recreational boating environment through the review process applicable to the recreation use to which it is accessory.
RECREATION CHART (2)
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
(1) | X | X | X | X | SSDP (2) | |
(1) | X | X | X | X | SSDP/C (3) | |
(1) | X | X | X | X | SSDP/C (3) | |
(1) | X | X | X | X | SSDP/C (3) | |
Boat Moorage (4) | (1) | X | (1) | X | X | (1) |
Boat Storage (Cradle and Trailer) | (1) | X | (1) | X | X | (1) |
Boat Storage (Dry Stacked) | (1) | X | X | X | X | (1) |
Boat Launch Ramps (Motorized) | (1) | X | (1) | X | X | (1) |
Boat Launch Ramps (Nonmotorized) | (1) | SDDP | (1) | X | X | (1) |
Public/ Private Park | (1) | C | C | C | C | C |
(1) | SDDP | SDDP | SDDP | SDDP | SDDP | |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments – Recreation:
(1)Permitted only as accessory and subordinate to a legally established shoreline recreation use. This use requires approval through the shoreline review process required for the legally established use to which it is accessory.
(2)A City park not identified in a Council-adopted Master Plan requires approval through the general Conditional Use Permit process (refer to Part 20.30B LUC) and is also subject to the Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170). A City park is a permitted shoreline use subject only to the Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170); provided, that the following criteria are met:
(a)The City park is identified in a Council-adopted Master Plan;
(b)The City park identified in the Council-adopted Master Plan shall be established, developed, expanded or modified consistent with the terms of the Council-adopted Master Plan; and
(3)Establishment of new uses and expansions of existing uses greater than 20 percent require approval through the shoreline conditional use process (refer to LUC 20.25E.110 and 20.25E.180).
(4)Boat moorage excludes residential docks and piers which are a permitted use pursuant to the development standards for residential docks and piers.
RESOURCES CHART
SHORELINE ENVIRONMENTS | ||||||
LAND USE CLASSIFICATION | Aquatic | Urban Conservancy – Open Space | Urban Conservancy | Shoreline Residential | Shoreline Residential Canal | Recreational Boating |
Agriculture | X | X (1) | X (1) | X | X | X |
Nurseries | X | C/SSDP (2) | C/SSDP (2) | X | X | X |
Aquaculture | C | X | X | X | X | X |
KEY | ||
X | – | Use not allowed |
SSDP | – | Permitted use subject to Shoreline Substantial Development Permit or exemption requirements (see LUC 20.25E.160 and 20.25E.170) |
C | – | Shoreline conditional use (see LUC 20.25E.180) subject also to Shoreline Substantial Development Permit requirements (see LUC 20.25E.160 and 20.25E.170) |
Notes: Uses in Shoreline Environments – Resources:
(1)Existing agricultural activities are permitted to continue pursuant to the requirements of LUC 20.25H.055 (Critical areas performance standards as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP). New agriculture uses and expansions of existing agriculture uses are prohibited.
(2)Nurseries established and operated for native plant propagation are permitted; all other nurseries require approval through the Shoreline Conditional Use process (refer to LUC 20.25E.110 and 20.25E.180).
(Ord. 6416, 5-21-18, § 2)
20.25E.040 Nonconforming shoreline conditions.
A. Purpose. Many existing uses and developments would not be allowed pursuant to the shoreline use charts (refer to LUC 20.25E.030) and development regulations in this part that are in effect to implement the SMP. The purpose of this section is to allow the continued operation and modernization of nonconforming shoreline uses and developments that were legally established or constructed prior to adoption of the SMP. An additional purpose of this section is to allow existing development that is nonconforming to the use requirements of LUC 20.25E.030 and the development regulations of this part to undergo limited conversions that allow the existing development to accommodate allowed shoreline uses with some amount of proportional compliance.
B. Types of Nonconforming Shoreline Conditions – Definitions. A nonconforming shoreline condition refers to a site that contains either a nonconforming shoreline use or nonconforming shoreline development which was lawfully established or constructed prior to May 21, 2018, as defined in this subsection and based on documentation provided pursuant to subsection D of this section.
1. Nonconforming Shoreline Use. The use of a structure or land which was permitted when established, in existence on May 21, 2018, and not discontinued or destroyed, but is not otherwise allowed under LUC Chart 20.25E.030.
2. Nonconforming Shoreline Development. A structure or nonstructural exterior site development which was permitted when established, in existence on May 21, 2018, and not discontinued or destroyed, but does not otherwise comply with this part.
C. Applicability.
1. This section does not apply to nonconforming residential development. Refer to LUC 20.25E.065.I (Nonconforming Residential Development).
2. This section applies to all nonconforming conditions occurring within the Shoreline Overlay District that are not otherwise governed pursuant to LUC 20.25E.065.I (Nonconforming Residential Development).
3. The nonconforming provisions of WAC 173-27-080 do not apply within the Shoreline Overlay District.
4. The nonconforming provisions of LUC 20.20.070 and 20.20.560 do not apply within the Shoreline Overlay District.
5. Expansions or modifications of a nonconforming shoreline use, structure, or site located within a critical area or critical area buffer identified pursuant to LUC 20.25H.030 shall comply with any applicable requirements of Part 20.25H LUC (Critical Areas Overlay District), unless specifically exempted by this part (Shoreline Overlay District).
6. In event of a conflict between this section (nonconforming conditions) and Part 20.25H LUC (Critical Areas Overlay District), the requirements of LUC 20.25E.010.C.1.b.ii and this section shall control.
7. Modifications to signs associated with a nonconforming use or development shall comply with any applicable requirements of the Sign Code, Chapter 22B.10 BCC now or as hereafter amended.
D. Documentation. As part of the permit application process, and before undertaking work allowed by this section, the applicant shall submit documentation demonstrating that the nonconforming shoreline condition was legally established and 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/or development constitutes a legally established nonconforming shoreline condition under the terms of this section. The Director may waive the requirement for documentation when a nonconforming shoreline condition is clearly known.
1. Nonconforming Shoreline Condition Permitted When Established. Documentation that the nonconforming shoreline condition was established includes, but is not limited to, the following:
a. Building, land use or other development permits; or
b. Land use, zoning code or land use district maps in effect at the time the nonconforming shoreline condition was established.
2. Nonconforming Shoreline Condition Maintained Over Time. Documentation that the nonconforming shoreline condition has been maintained over time, and not discontinued, destroyed, or relinquished 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; or
i. Dated aerial photos.
3. Appeal of Director Determination. The Director’s determination of whether a use or development constitutes a lawfully established nonconforming shoreline condition may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.
E. Regulations and Thresholds Applicable to All Nonconforming Shoreline Conditions.
1. Ownership. The status of a nonconforming shoreline condition is not affected by changes in ownership.
2. Maintenance and Repair. Routine maintenance and repair associated with nonconforming shoreline conditions are allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation from a legally established condition. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred. Improvements meeting the definition of an alteration or a replacement are not considered maintenance or repair.
3. Alterations. Improvements that cost more than 50 percent of the replacement value of any individual structure or nonstructural exterior site development undergoing improvement are defined as alterations and shall comply with subsection G.2 of this section.
4. Replacements Allowed Only in Office (O) and Office Limited Business (OLB) Land Use Districts. Improvements that cost more than 100 percent of the replacement value of any individual structure or nonstructural exterior site development undergoing improvement, or improvements that remove and reconstruct a nonconforming shoreline development irrespective of cost, are defined as replacements and shall comply with subsection G.3 of this section. Replacements that are not governed by the provisions of subsection G.3 of this section shall be considered new development, and shall require full compliance with the provisions of the SMP.
5. Permits. If not exempt under the terms of LUC 20.25E.170, a Shoreline Substantial Development Permit shall be obtained prior to undertaking any maintenance and repair, alteration, or replacement authorized by this section.
F. Regulations Applicable to Nonconforming Shoreline Uses.
1. Operations. Operations associated with a nonconforming shoreline use may continue.
2. Expansions Prohibited. A nonconforming shoreline use may not be enlarged or expanded.
3. Change of Nonconforming Uses Prohibited. A nonconforming shoreline use shall not be changed to another nonconforming shoreline use, regardless of conforming or nonconforming status of the building or structure within which it is housed.
4. Loss of Nonconforming Shoreline Use Status.
a. Discontinuance. If a nonconforming shoreline use of a structure or nonstructural exterior site development is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the shoreline use requirements of LUC Chart 20.25E.030. Discontinuance of a nonconforming shoreline use of a structure or nonstructural exterior site development for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
b. Accidental Destruction. When a structure or nonstructural exterior site development containing a nonconforming shoreline use is damaged by fire or other causes beyond the control of the owner, the use may be reestablished. The nonconforming shoreline development accommodating the use may be repaired and/or reconstructed in accordance with subsection G.5 of this section.
c. Relinquishment. A nonconforming shoreline use is relinquished when the nonconforming shoreline use is replaced with an allowed shoreline use pursuant to LUC Chart 20.25E.030. Upon relinquishment, the nonconforming shoreline use rights no longer apply and the nonconforming shoreline use may not be reestablished.
G. Regulations Applicable to Nonconforming Shoreline Development.
1. Nonconforming Shoreline Development May Remain. Nonconforming shoreline development may remain unless specifically limited by the terms of this section.
2. Permitted Alterations to Nonconforming Shoreline Development. Nonconforming shoreline development may be altered; provided, that the nonconforming shoreline development conforms to the requirements of this section.
a. Three-Year Period. Alterations made within a three-year period will be viewed as a single action for the purposes of determining whether the provisions of this subsection G.2 must be met.
b. Value of Alterations. The value of alterations is determined by the Director based on the entire project and not individual permits.
c. Limitations on Alterations. Alterations may be approved only if consistent with the following limitations:
i. No increase in structure footprint shall be permitted.
ii. No increase in net square footage shall be permitted.
iii. No increase in parking areas or other nonstructural exterior site development shall be permitted.
iv. No footprint associated with a nonconforming shoreline development shall be moved any distance, unless the movement reduces nonconformities to the SMP, and ecological functions are restored in the areas vacated pursuant to a mitigation plan approved by the Director under LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
v. Alterations are consistent with shoreline modifications as set forth in LUC 20.25E.080 to the maximum extent practical.
vi. Consistent with shoreline modifications as set forth in LUC 20.25E.080 to the maximum extent practical.
d. Proportional Compliance for Alterations. A nonconforming shoreline development may be altered consistent with the requirements set forth below:
i. Threshold Triggering Required Improvements. The standards of this subsection shall be met when the value of the proposed alterations to the nonconforming shoreline development exceeds 50 percent of the replacement value of the structure or nonstructural exterior site development that is being altered.
ii. Exemptions from the Calculation of Replacement Value. The alterations and improvements listed in subsection G.4 of this section do not count toward the calculation of replacement value thresholds identified in subsection E of this section.
e. Required Improvements Associated With Alterations. When alterations meet the threshold in subsection G.2.d of this section, nonconforming shoreline development shall be brought toward compliance in the following areas:
i. Accessory parking, loading space and maintenance access requirements as set forth in LUC 20.25E.060.H.
ii. Public access requirements as set forth in LUC 20.25E.060.I.
iii. Water quality, stormwater, and nonpoint pollution requirements as set forth in LUC 20.25E.060.L.
iv. Shoreline Modifications as set forth in LUC 20.25E.080.
f. 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.2.e 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 nonconforming shoreline development.
3. Replacement of Shoreline Nonconforming Development Allowed Only in Office (O) and in Office and Limited Business (OLB) Land Use Districts Pursuant to LUC 20.10.440. Nonconforming shoreline development in the O or OLB Land Use Districts may be replaced; provided, that the replacement conforms to the limitations and proportional compliance requirements contained in subsections G.3.c and G.3.d of this section.
a. Three-Year Period. Improvements made within a three-year period will be viewed as a single action for the purposes of determining whether the provisions of this subsection G.3 must be met.
b. Value of Replacement. The value of a replacement is determined by the Director based on the entire project and not individual permits.
c. Limitations on Replacements. Replacement of a nonconforming shoreline development in the O or OLB land use districts may be approved only if consistent with the following limitations:
i. Replacement structures shall only be permitted to accommodate a shoreline use allowed pursuant to LUC Chart 20.25E.030.
ii. No increase in structure footprint shall be permitted.
iii. No increase in net square footage shall be permitted.
iv. No increase in parking areas or other nonstructural development shall be permitted.
v. The area of the replacement structure footprint may be moved to a less sensitive portion of the site if the movement reduces nonconformities to the SMP or identified critical areas, and shoreline vegetation or critical area functions are restored in the areas vacated pursuant to a mitigation plan approved by the Director under LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
d. Proportional Compliance for Replacements. A nonconforming shoreline development may be replaced consistent with the requirements set forth below:
i. Threshold Triggering Required Improvements. The standards of this subsection G.3.d shall be met when the value of the proposed replacement of the nonconforming shoreline development exceeds 100 percent of the replacement value of the structure or nonstructural exterior site development that is being replaced, or any improvements that remove and reconstruct an individual structure regardless of cost.
ii. Exemptions from the Calculation of Replacement Value. The alterations and improvements listed in subsection G.4 of this section do not count toward the calculation of replacement value thresholds identified in subsection E of this section.
e. Required Improvements. When replacements meet the threshold in subsection G.3.d of this section, nonconforming shoreline development shall be brought into compliance with the following provisions:
i. Accessory parking, loading space and maintenance requirements as set forth in LUC 20.25E.060.H.
ii. Public access requirements as set forth in LUC 20.25E.060.I.
iii. Water quality, stormwater, and nonpoint pollution requirements as set forth in LUC 20.25E.060.L.
iv. Shoreline modifications as set forth in LUC 20.25E.080.
f. Timing of Required Improvements. Required improvements shall be made as part of the replacement that triggered the required improvements.
4. Exemptions from the Calculation of Replacement Value. The following improvements do not count toward the calculation of replacement value thresholds identified in subsection E of this section:
a. Alterations required as a result of a fire prevention inspection;
b. 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;
c. Alterations required for the seismic retrofit of existing structures;
d. Improvements to on-site stormwater management facilities in conformance with Chapter 24.06 BCC, now or as hereafter amended);
e. Alterations that reduce off-site impacts (including but not limited to noise, odors, dust, and other particulate emissions); and
f. Alterations that meet LEED, Energy Star or other industry-recognized standard that result in improved mechanical system, water savings, or operational efficiency.
5. Loss of Nonconforming Shoreline Development Status.
a. Discontinuance. If a nonconforming shoreline development is abandoned for a period of 12 months with the intention of abandoning that development, any subsequent development shall thereafter conform to this part. Discontinuance of a nonconforming shoreline development for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
b. Accidental Destruction. When a nonconforming shoreline development is damaged or destroyed by fire, explosion, natural disaster, or other unforeseen circumstances outside the control of the property owner, the structure may be repaired or reconstructed subject only to the following limitations:
i. The nonconforming shoreline development shall be repaired or reconstructed within the footprint existing when the destruction occurred, unless the area of the structure footprint is moved to a less sensitive portion of the site, the movement reduces nonconformities to the SMP or identified critical areas, and shoreline vegetation or critical area functions are restored in the areas vacated pursuant to a mitigation plan approved by the Director under LUC 20.25E.060.D (Mitigation Requirements and Sequencing);
ii. The repair or reconstruction is initiated within one year of the date of destruction and is diligently pursued;
iii. Under no circumstances may the reconstruction expand, enlarge, or otherwise increase the nonconformity; and
iv. Areas of temporary construction disturbance resulting from reconstruction shall be restored pursuant to a mitigation plan approved by the Director under LUC 20.25E.060.D (Mitigation Requirements and Sequencing). (Ord. 6416, 5-21-18, § 2)
20.25E.050 Dimensional requirements.
A. General. Chart 20.25E.050.A sets forth the dimensional requirements for each shoreline environment. Additional requirements located in the Chart of Dimensional Requirements (LUC Chart 20.20.010) also apply, except to the extent expressly stated in this section. If a number appears in a box, the dimensional requirement is subject to the special provisions contained in the corresponding note. In the event of a conflict between the dimensional requirements of this section and the requirements of LUC Chart 20.20.010 when applied in the Shoreline Overlay District, the provisions of this section shall prevail.
Chart 20.25E.050.A Dimensional Requirements in the Shoreline Overlay District
SHORELINE ENVIRONMENTS | ||||||
DIMENSIONAL REQUIREMENT | Aquatic (A) | Urban Conservancy (UC) | Urban Conservancy – Open Space (UC-OS) | Shoreline Residential (SR) (6) | Shoreline Residential Canal (SRC) (6) | Recreational Boating (RB) |
N/A | 50' | 50' | 50' | 50' | 25' | |
Maximum Shoreline Lot Coverage by Structures (percent) | N/A | 25% (2) (5) | 5% (2) (5) | N/A (3) | N/A (3) | N/A (3) |
Maximum Shoreline Building Height | N/A | 35' | 35' | 35' | 35' | 35' |
Maximum Shoreline Impervious Surface (percent) | N/A | 35% | 10% | 50% (4) | 50/55/80% (4) | 65% |
Notes: Dimensional Requirements in the Shoreline Overlay District:
(1)Phantom Lake and Lower Kelsey Creek are regulated pursuant to the substantive requirements contained in Part 20.25H LUC, Critical Areas Overlay District.
(2)If a site in a nonresidential shoreline environment is developed with a single-family dwelling, the allowed maximum lot coverage shall not exceed the maximum lot coverage by structure established for the underlying land use district. (Refer to LUC Chart 20.20.010, Dimensional Requirements, Residential, now or as hereafter amended.)
(3)The allowed maximum lot coverage by structures in the shoreline residential, shoreline residential canal, and recreational boating environments shall not exceed the maximum lot coverage by structure established for the underlying land use district. (Refer to LUC Chart 20.20.010, Dimensional Requirements, Residential, now or as hereafter amended.)
(4)The allowed amount of maximum impervious surface in the shoreline residential and shoreline residential canal environments shall not exceed the maximum alternative impervious surface established for the underlying residential land use district. (Refer to Chart 20.20.010, Dimensional Requirements, Residential, as set forth in the Land Use Code on May 21, 2018.)
(5)To measure lot coverage, refer to LUC Chart 20.20.010, footnotes 13 and 14.
(6)The shoreline structure setback is modified to account for encroachments by existing structures under the footprint exception of LUC 20.25E.065.E.1.c and may also be reduced to a minimum of 25 feet; provided, that impacts to existing shoreline vegetation are mitigated pursuant to the shoreline vegetation conservation requirements contained in LUC 20.25E.065.F. A one-time lateral expansion of up to 200 square feet is allowed for existing structures within 25 feet of ordinary high water mark pursuant to the residential structure setback allowances contained in LUC 20.25E.065.E.2. Further shoreline setback encroachments may only be allowed through approval of a shoreline variance (refer to LUC 20.25E.190).
B. Shoreline Setbacks – General.
1. Applicability. This section establishes general requirements that apply to shoreline structure setbacks in all shoreline environments. Additional requirements contained in LUC 20.25E.070, Specific use regulations, also apply. For information regarding setbacks for residential uses, refer to LUC 20.25E.065.E.
2. Measurement of Shoreline Structure Setback. The shoreline structure setback shall be measured landward from ordinary high water mark on a horizontal plane and to a point that results in the required dimension. On Lake Sammamish, the shoreline structure setback may be measured landward from elevation 31.8 NAVD 88 on a horizontal plane and to a point that results in the required dimension, or from that point identified in a site-specific ordinary high water mark determination prepared by a qualified professional. Structure setbacks on Phantom Lake and Lower Kelsey Creek shall be established in conformance with Part 20.25H LUC (Critical Areas Overlay District). If critical areas are located on the site, the requirements for the associated critical area buffer and buffer setback may impose a larger setback than required under this section.
3. Shoreline Setback Modifications. In nonresidential shoreline environments, the shoreline setback dimensions contained in LUC Chart 20.25E.050.A may be modified using the special shoreline report process (refer to LUC 20.25E.160.E), or through approval of a shoreline variance (refer to LUC 20.25E.190). In the shoreline residential and shoreline residential canal shoreline environments, the shoreline setback dimension contained in LUC Chart 20.25E.050.A may be modified pursuant to the requirements contained in LUC 20.25E.065.C and 20.25E.065.E. Additional development within the shoreline setback may be allowed pursuant to the specific use and shoreline modification regulations in LUC 20.25E.065, 20.25E.070 and 20.25E.080. On Phantom Lake and Lower Kelsey Creek, any allowed modifications to the setback shall be in conformance with LUC 20.25H.035 (as set forth in the Land Use Code on May 21, 2018, which is incorporated by this reference into the SMP).
C. Shoreline Impervious Surfaces.
1. Impervious surfaces in the Shoreline Overlay District are governed by LUC 20.20.460.E (as set forth in the Land Use Code on May 21, 2018, which is incorporated by this reference into the SMP).
2. Modifications to Impervious Surface Limits. In nonresidential shoreline environments, the impervious surface limits contained in LUC Chart 20.25E.050.A may be modified using the special shoreline report process (refer to LUC 20.25E.160.E), or through approval of a shoreline variance (refer to LUC 20.25E.190). In the shoreline residential and shoreline residential canal shoreline environments, the impervious surface limits contained in LUC Chart 20.25E.050.A may only be modified through approval of a shoreline variance (refer to 20.25E.190).
D. Maximum Building Height in the Shoreline Overlay District.
1. Calculating Maximum Building Height. Building height in the Shoreline Overlay District is measured in accordance with the definition of height as defined in LUC 20.25E.280.
2. Modification. Maximum building height may only be modified through the shoreline variance process (refer to LUC 20.25E.190). (Ord. 6416, 5-21-18, § 2)
20.25E.060 General requirements applicable to all shoreline development and uses.
A. Applicability. This section contains development requirements and standards that apply to all development and uses within the Shoreline Overlay District. Additionally, the general development requirements and standards governing site development of property Citywide contained in Chapter 20.20 LUC apply, except to the extent expressly stated in this section and as stated in LUC 20.25E.010.C.1.c. All other applicable City of Bellevue codes, ordinances, and development and engineering standards shall also apply to development and uses in the Shoreline Overlay District. However, Bellevue City Code provisions of general applicability are not part of the SMP unless specifically adopted by reference.
B. No Net Loss of Ecological Function.
1. No Net Loss Required. Shoreline uses and development are required to ensure no net loss of ecological functions and processes through compliance with applicable provisions of this part.
2. Rebuttable Presumption – Standards Presumed to Meet No Net Loss. For development projects that comply with all of the applicable standards, including mitigation required by LUC 20.25E.050 through 20.25E.080, a rebuttable presumption exists that the development project satisfies the no net loss of ecological function standard contained in subsection B.1 of this section. When a development project satisfies the presumption, no additional mitigation analysis shall be required; provided, that the Director may require mitigation analysis and additional mitigation, if the Director determines that the specific performance standards or required mitigation did not contemplate unforeseeable impacts to shoreline ecological functions.
3. When Analysis of No Net Loss Is Required. Analysis of no net loss of ecological functions is required as part of an application for a Shoreline Conditional Use Permit (LUC 20.25E.180), a shoreline variance (LUC 20.25E.190), and as part of a shoreline special report (LUC 20.25E.160), or as required for a mitigation plan. The presumption described in subsection B.2 of this section does not apply when analysis is required under this subsection.
C. Technical Feasibility Analysis.
1. This subsection C applies to new or expanded facilities, systems, techniques, or measures identified as allowed when there is no other technically feasible alternative (the shoreline use charts in LUC 20.25E.030 identify when a technical feasibility analysis is required). This subsection does not apply to residential development governed pursuant to LUC 20.25E.065. The determination of whether an alternative is technically feasible shall be made by the Director as part of the decision on the underlying permit or approval. If a technical feasibility analysis is also required for critical areas located in the Shoreline Overlay District, a single report addressing the criteria contained in LUC 20.25H.055.C.2, and the criteria stated below may be submitted. The applicant shall provide a report prepared by a qualified professional addressing the following locational criteria:
a. Existing site conditions, including, but not limited to, topography and the proposed location of the facility, system, technique, or measure in relation to the ordinary high water mark and any critical areas on the site;
b. The location of existing infrastructure necessary to support the proposed facility, system, technique, or measure;
c. The function or objective of the proposed facility, system, technique, or measure;
d. The level of risk to a primary structure, public facility, or public use structure or area presented by shoreline erosion, and the ability of the proposed facility, system, technique, or measure to mitigate that risk;
e. Whether the cost of avoiding the disturbance of the shoreline area is disproportionate as compared to the environmental impact of proposed disturbance, including any continued impacts on functions and values over time; and
f. The ability of both permanent and temporary construction disturbance to be mitigated.
2. If the applicant demonstrates that no technically feasible alternative exists to provide the function or objective of the proposed facility, system, technique, or measure with less impact on the shoreline setback, then the applicant shall comply with the following design criteria; except that if specific standards are provided in LUC 20.25E.070 or 20.25E.080 for the allowed use, the specific standards shall apply:
a. Design shall result in the least impacts to shoreline functions and values;
b. Disturbance, including the disturbance of vegetation and soils, shall be minimized;
c. Disturbance shall not occur in habitat used for salmonids rearing or spawning or by any species of local importance unless no other technically feasible location exists;
d. All work shall be consistent with the SMP and with applicable City of Bellevue codes and standards; and
e. Areas of new permanent disturbance and all areas of temporary construction disturbance shall be mitigated or restored pursuant to a mitigation restoration plan meeting the requirements of subsection D of this section and evaluated consistent with the no net loss standard in subsection B of this section.
D. Mitigation Requirements and Sequencing.
1. Mitigation Plans – When Required. Mitigation plans are required as part of an application for a shoreline conditional use (LUC 20.25E.180), a shoreline variance (LUC 20.25E.190), a special shorelines report, or pursuant to specific use and shoreline modification regulations in LUC 20.25E.065, 20.25E.070 and 20.25E.080. Applicants shall submit as part of the application package a mitigation plan meeting the performance criteria of this subsection D. Mitigation plans shall be approved as part of the permit required for the underlying project. To the extent applicable, analysis of environmental impacts and identification of required mitigation shall be consistent with the rules implementing the State Environmental Policy Act (refer to WAC 197-11, Bellevue Environmental Procedures Code Chapter 22.02 BCC, and LUC 20.35.200 through 20.35.250).
2. Mitigation Sequencing Analysis Required. When impacts to shoreline ecological functions are identified as part of a proposed action allowed through the SMP, and to assure that development activities contribute to meeting the no net loss provisions by avoiding, minimizing, and mitigating for adverse impacts to shoreline ecological functions or processes, as part of the required mitigation plan the applicant shall demonstrate that mitigation sequencing has been applied through a mitigation analysis that includes the following elements:
a. Mitigation Sequencing. The applicant shall demonstrate compliance with the mitigation sequencing guidelines in the following order of preference:
i. Avoiding the impact altogether by not taking a certain action or parts of an action;
ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing to avoid or reduce impacts;
iii. Performing the following types of mitigation (listed in order of preference):
(1) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(2) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(3) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
(4) Monitoring the hazard or other required mitigation and taking remedial action when necessary.
b. Failure to demonstrate that the mitigation sequencing standards have been met may result in permit denial. The City may request necessary studies by qualified professionals to determine compliance with this standard and mitigation sequencing guidelines.
3. Mitigation Location Preference. When mitigation is required, the applicant shall demonstrate that proposed mitigation has been located in the following order of preference:
a. On site, through direct replacement of lost shoreline functions;
b. On site, through enhancement of existing shoreline functions and values; or
c. Off site, through replacement or enhancement, in the Shoreline Overlay District, subject to the following limitations:
i. Off-Site Mitigation – Private Project. Off-site mitigation for private projects shall only be permitted through a special shorelines report. Applicants who obtain approval for use of an off-site mitigation location must record the final mitigation requirements and corresponding conditions, including maintenance and monitoring of the mitigation, in a form acceptable to the City Attorney, and recorded with the King County Division of Records and Elections or its successor agency.
ii. Off-Site Mitigation – Public Project. Off-site mitigation for public projects shall only be permitted through a special shoreline report. Approval for use of off-site mitigation must show that the proposal implements or funds components of the Shoreline Restoration Element of the SMP at a scale commensurate to the impacts identified, or that the proposal provides off-site mitigation for impacts of a public project on shoreline ecological function by providing a commensurate replacement or enhancement of shoreline resources.
4. Shoreline Mitigation Ratio. Unless specified by another section of this SMP, impacted shoreline functions shall be replaced at a ratio of 1:1, and impacted area shall be replaced at a ratio of 1:1.
5. Mitigation Plan Requirements. The applicant shall submit a mitigation plan for approval as part of the review of the underlying permit. Where standard mitigation requirements or templates have been approved by the Director for the proposal in question, those requirements or templates may be followed without need for submission of an individual mitigation plan. These general requirements shall be modified for areas of temporary construction disturbance included as part of an allowed use or activity so long as the requirements of subsection D.5.g of this section are met.
a. Plan Phases. Where a project requires mitigation, the mitigation plan required for the proposal may be submitted in phases. A conceptual plan shall be submitted as part of the administrative review and approved with the decision on the proposal. A detailed plan shall be approved prior to or with approval of the first permit or other approval required to perform work associated with the proposal.
b. Mitigation Plan Details. The plan shall be prepared by a qualified professional and shall at minimum include the content identified in this subsection and other applicable sections of the SMP. The Director may waive any of the plan requirements where, in the Director’s discretion, the information is not necessary to develop a mitigation plan that addresses the impacts of the proposed action.
i. A written report identifying environmental goals and objectives of the mitigation proposed, based on replacing or restoring the shoreline ecological functions impacted by the proposal;
ii. Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation plan have been successfully attained and whether or not the requirements of this part have been met; and
iii. Written specifications and descriptions of the mitigation proposed.
(1) When the mitigation plan is submitted as a single phase, or for the detailed plan phase when submitted to implement a conceptual plan, these written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.
(2) When the mitigation plan is submitted in phases pursuant to subsection D.5.a of this section, the written specifications may be general in nature for the conceptual phase, including general identification of areas for work, planting species, size and number. The more precise details shall be provided in subsequent detailed plan phases.
c. Timing of Mitigation Installation. Unless a different time period is established by the Director in the approval for a specific project, all work required in a mitigation plan shall be completed prior to final inspection or issuance of a temporary certificate of occupancy or certificate of occupancy, as applicable, for the development.
d. Monitoring Program. The plan shall include a program for monitoring construction of the mitigation project and for assessing a completed project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than one year for residential projects and five years for nonresidential projects. The required monitoring period for a plan involving restoration only shall be reduced to a period of not less than three years for nonresidential projects.
e. Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met and such failure would result in significant impact to shoreline ecological functions.
f. Assurance Devices. The Director may require the applicant to provide assurance devices in compliance with LUC 20.25E.250.B and 20.40.490 to ensure that the approved mitigation plan, monitoring program, contingency plan, and any conditions of approval are fully implemented.
g. Restoration for Areas of Temporary Construction Disturbance. The Director may impose conditions for the restoration of areas of temporary construction disturbance included as part of an approved permit or use or development allowed under the SMP, without requiring a mitigation plan and other measures described in this section, so long as the following requirements are satisfied:
i. All areas of temporary construction disturbance shall be identified in the plans approved with the permit or allowed use or development and shall be the minimum necessary to allow the completion of the approved use or development. For uses and development involving the repair or renovation of existing structures that can be accessed outside of the shoreline setback, the minimum necessary area of temporary construction disturbance shall be no greater than 10 feet around the perimeter of the existing structure. Proposals involving areas of greater disturbance shall require a full restoration plan under this subsection D. The Director may impose conditions requiring areas of temporary construction disturbance to be marked in the field through the use of markers, fencing, or other means;
ii. The condition of the areas of temporary construction disturbance existing prior to undertaking any development activity shall be documented with the proposal. The Director may require photographic evidence, site plans showing the size, location and type of existing vegetation, or other materials to document existing conditions;
iii. The Director shall impose a condition that the area be restored to existing conditions prior to final approval of the work performed, or within 30 days following completion of the work if no final approval is required; and
iv. The Director shall impose a condition requiring monitoring of the restored area and additional restoration to achieve existing conditions, consistent with this subsection D; provided, that the Director may reduce the monitoring to not less than one year from completion of the original restoration.
E. Requirements Applicable to Development and Uses in the Shoreline Overlay District. All development proposals in the Shoreline Overlay District shall comply with the following requirements:
1. Disruption of shoreline resources, including land disturbing activity such as clearing and grading and tree removal, shall be the minimum necessary to accommodate the permitted use or development.
2. New development should be located and designed to avoid the need for shoreline stabilization.
3. All new development shall comply with applicable Bellevue policies, codes and requirements, including, but not limited to, Chapter 24.06 BCC (Storm and Surface Water Utility Code), the Storm and Surface Water Engineering Standards (January 2011), now or hereafter amended, Chapter 23.76 BCC (Clearing and Grading Code), and the Clearing and Grading Development Standards, now or as hereafter amended. Bellevue City Code provisions of general applicability are not part of the SMP unless specifically adopted by reference.
4. Repair and Maintenance and/or Construction Staging.
a. Work shall be consistent with all applicable City of Bellevue codes and standards; and
b. Areas of temporary construction disturbance associated with the work shall be restored to pre-project conditions, pursuant to a restoration plan meeting the requirements of subsection D of this section.
5. Project Segmentation – When Prohibited. A single project shall not be divided into segments or characterized as routine maintenance and repair or a minor expansion to avoid compliance with the procedural or substantive requirements of the SMP.
F. Archaeological and Historic Resources.
1. Applicability. The following provisions apply to archaeological and historic resources that are recorded at the Washington State Department of Archaeology and Historic Preservation, identified by the City of Bellevue, or that have been inadvertently uncovered. Archaeological sites located in the Shoreline Overlay District are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records). Development and uses that may impact archaeological sites located within the Shoreline Overlay District shall comply with the SMP and Chapter 25-48 WAC.
2. Performance Standards. When developing sites containing recorded archaeological or historic resources or when such resources are inadvertently uncovered in Shoreline Overlay District, developers shall:
a. Immediately stop work and notify the City of Bellevue, the Washington State Department of Archaeology and Historic Preservation, and affected Indian tribes if archaeological or historic resources are uncovered during excavation.
b. Any development permits issued in areas that contain documented archaeological resources require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes.
G. Critical Areas in the Shoreline Overlay District. Critical areas in the Shoreline Overlay District shall be regulated in accordance with Part 20.25H LUC (Critical Areas Overlay District (as set forth in the Land Use Code on May 21, 2018, which is incorporated by this reference into the SMP) exclusive of the subsections listed in LUC 20.25E.010.C.1.c.iii. In the event of a conflict between Part 20.25H LUC and the SMP, the provision providing the greatest protection to critical areas shall prevail, consistent with LUC 20.25E.010.C.1.b.ii, unless otherwise described in the applicable provision.
H. Accessory Parking, Loading Space, and Maintenance Access.
1. Applicability. This section applies to development of accessory parking, loading space, and maintenance access within the Shoreline Overlay District. The provisions of LUC 20.20.590 also apply, except as they conflict with subsection H of this section. The requirements of this section do not apply to parking that is accessory to a single-family use.
2. When Allowed. Parking, loading space, and maintenance access is allowed in the Shoreline Overlay District only when accessory to a specific permitted use; otherwise these uses are prohibited in the Shoreline Overlay District.
3. Where Allowed. Accessory parking, loading space, and maintenance access are permitted within the dimensions of the shoreline setback or vegetation conservation area (refer to subsection K of this section) only if there is no technically feasible alternative, pursuant to the requirements of subsection C of this section. New accessory parking, loading space, and maintenance access is prohibited in the following locations:
a. On any overwater structure; or
b. In a shoreline wetland or habitat associated with species of local importance. (Refer to LUC 20.25H.150.)
4. Performance Standards.
a. Development in the Shoreline Overlay District. Development of accessory parking, loading space, and maintenance access anywhere within the Shoreline Overlay District shall comply with the following performance standards:
i. Location. Accessory parking, loading space, and maintenance access should be located outside the Shoreline Overlay District when functional objectives for the allowed shoreline use can be met.
ii. Size. Area devoted to accessory parking, loading space, and maintenance access in the Shoreline Overlay District shall be the minimum necessary to support the allowed shoreline use.
iii. Storm and Surface Water.
(1) Surface water runoff from accessory parking and loading spaces shall be prevented from contaminating water bodies and endangering aquatic life by using best management practices as set forth in Chapter 24.06 BCC (Storm and Surface Water Utility Code), and the City’s Storm and Surface Water Engineering Design Standards (2011), now or hereafter amended.
(2) Low impact development techniques and natural drainage practices should be incorporated into new and redeveloped accessory parking and areas dedicated to loading space and maintenance access when feasible (refer to the City of Bellevue Storm and Surface Water Engineering Standards (2011), now or hereafter amended).
iv. Pedestrian Circulation from Parking Areas. Accessory parking for shoreline uses shall provide safe and convenient pedestrian circulation within the parking area and to the specific shoreline use that it serves. Conflicts between vehicles and pedestrians using public access facilities should be avoided to the greatest extent feasible.
v. Public Access and View Preservation. Any accessory parking, loading space, and maintenance access shall be designed to avoid impacts to public access and views to the shoreline and the water from public rights-of-way, parks and public access.
b. Development in the Shoreline Setback or Vegetation Conservation Area. When no other feasible alternative is available, development of accessory parking, loading space, and maintenance access in the shoreline setback or vegetation conservation area within the Shoreline Overlay District may be permitted only as follows:
i. For Accessibility. Accessory parking and loading areas may be approved when necessary to accommodate functional access by handicapped and physically impaired persons to the uses served by the parking or loading areas;
ii. For Recreation Uses. Accessory parking and loading areas may be approved when necessary to serve a functional need associated with a water-dependent recreation use;
iii. For Utility Facilities. Maintenance access may be approved when necessary to serve a functional need associated with a water-dependent component of a utility facility.
iv. For Short-Term Loading. Short-term loading space accessory to a marina, yacht club, or community club when managed through a parking management plan to ensure loading space is occupied only so long as is necessary to serve a water-dependent recreation use.
v. Accessory parking, loading space, and maintenance access permitted by this section shall comply with the performance standards contained in subsection H.4 of this section.
vi. Conditions. The Director may impose conditions on the location, design, use, or operation of the parking to mitigate identified impacts to shoreline functions and values associated with accessory parking, loading space or maintenance access areas to ensure no net loss of shoreline ecological functions, and to mitigate impacts on shoreline access.
I. Public Access.
1. Purpose and Scope. The purpose of this section is to protect, preserve, and enhance the public’s opportunity to enjoy the physical and aesthetic qualities, including views, of the shoreline and water through public access standards applicable to public transportation, public utility and public parks projects. Residential development is not required to provide public access. Private recreation uses are not required to provide public access.
2. When Required. All proposals for new development, reconstruction, replacement, or expansion of public transportation, utilities and parks projects that propose new uses or the reconstruction or replacement of structures supporting existing uses shall provide public access, or when appropriate, visual access in accordance with the public access requirements of the SMP.
3. When Not Required.
a. Applications for the following development or uses are not required to comply with subsection I of this section:
i. Fully buried utility uses; or
ii. When an applicant demonstrates that one or more of the following conditions apply:
(1) Unavoidable health or safety hazards to the public exist that could not be prevented by any practical means; or
(2) Inherent security requirements of the use could not be satisfied through the provision of alternatives identified in subsection I.6 of this section; or
(3) The cost to provide the public access, easements, alternative public access, or mitigation of the impacts from the public access would be unreasonably disproportionate to the total long-term cost of the proposed development; or
(4) Significant environmental impacts would result from the public access that could not be mitigated.
b. Limitation on Exempting Applications from Requirements. Before determining that the public access provisions of this section are not required pursuant to subsection I.3.a.ii of this section, the Director must determine that all reasonable alternatives have been exhausted, including:
i. Regulating public access by such means as maintaining a gate or limiting hours of access;
ii. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.); and
iii. Providing for access at a site geographically separated from the project such as street end, vista, viewing platform, or trail system as described in subsection I.6 of this section.
4. Performance Standards. The following performance standards apply when siting and designing public access locations and improvements and, to the extent applicable, alternative visual access:
a. General. Design of public access locations and public access improvements shall provide opportunities for the public to reach, touch, and enjoy the water’s edge and to view the water and the shoreline from adjacent locations. Public access improvements shall be located as close horizontally and vertically to the shoreline’s edge as feasible, and consistent with the terms of LUC 20.25E.070.C (Recreation); provided, that public access does not adversely affect sensitive ecological features or result in a measurable net loss of shoreline ecological functions.
b. Street Ends and Public Rights-of-Way. Public access provided by street ends, above ground public utilities, and rights-of-way located within the Shoreline Overlay District shall not be diminished by any public or private development or use consistent with RCW 35.79.035.
c. Relation to Other Facilities. Public access improvements shall be located to provide integrated connections to non-shoreline access points, trail connections, public streets and rights-of-way, and other public areas and uses.
d. Accessibility. Public access improvements shall include accommodations for handicapped and physically impaired persons, where feasible.
e. Trails. Trails within shoreline critical areas and shoreline vegetation conservation areas shall comply with LUC 20.25H.055.C.3.g (as set forth in the Land Use Code on May 21, 2018, which is incorporated by this reference into the SMP).
f. Overwater Structures Associated with Projects That Require Public Access. Public access on overwater structures located on public aquatic lands shall be provided and may include common use of walkway areas. Moorage facilities with the capacity to serve 10 or more vessels shall provide a publicly accessible area of at least 10 percent of the total square footage of the overwater structure, but not less than 200 square feet at or near the end of the structure. Marinas with the capacity to serve 20 or more vessels may restrict access to specific moorage areas for security purposes as long as an area of at least 10 percent of the overwater structure is available for public access and a public access area of at least 200 square feet is provided at or near the end of the structure. Public access areas may be used in common by other users, but must provide generally unobstructed views of the water.
g. Resolution of Different Standards. Where City park, transportation, or utility project Master Plans specify public access locations and improvements that differ from those in subsection I.4 of this section, the public access locations and improvements that are adopted in a Council-approved Master Plan shall control.
h. Privacy. Design of public access improvements shall minimize privacy intrusions on adjacent uses by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces, or by screening or other separation techniques.
5. Modification of Public Access Requirements.
a. The Director may require or grant a modification to the provisions of subsection I of this section as a component of the shoreline review process for a development or use that is required to provide public access if:
i. The presence of shoreline critical areas or critical areas would preclude construction of the required improvement;
ii. The improvement would interfere with essential operations of the proposed use;
iii. The property contains unusual site constraints, such as size, configuration, topography, or location, not created by the applicant, that would preclude construction of the required improvement;
iv. The public access would create unavoidable health or safety hazards to the public;
v. Significant environmental impacts would result from the public access that could not be mitigated; or
vi. The cost of providing the public access improvement, or mitigating the impacts associated with the improvement, would be unreasonably disproportionate to the total long-term development and operational cost over the life span of the proposed development or use.
b. If a modification is granted, the Director may require that an alternate method be used to provide view access pursuant to subsection I.6 of this section.
c. The Director may condition a modification request to ensure there is no net loss of shoreline ecological functions.
6. Alternatives to Providing On-Site Public Access. The Director may approve a request to provide visual access opportunities at a location not directly adjacent to the water, in lieu of the physical public access required pursuant to subsection I of this section, if the applicant demonstrates that:
a. Unobstructed views will be provided from a viewpoint, viewing platform or tower, interpretive center, or other area with means to view public shoreline and/or waters;
b. The alternative visual access shall be located to provide integrated connections to non-shoreline access points, trail connections, public streets and rights-of-way, and other public areas and uses; and
c. A public benefit will be derived from development of the alternative visual access opportunity in the proposed location.
7. Accessibility of Public Access Improvements.
a. Maintenance of Public Access Improvement Required. Public access improvements shall be maintained over the life of the development or use. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
b. Maintenance Responsibility. Maintenance of public access improvements shall be the responsibility of the owner unless otherwise assigned through a formal recorded agreement.
c. Hours of Access. Public access improvements shall be available to the public 24 hours per day, unless alternate hours are approved though the required shoreline review process for the project. Temporary closures will be allowed as necessary for maintenance with prior notification to the City.
d. Signage Required. The public access improvement must be signed to identify the improvement as available for public use and indicate the hours of access consistent with subsection I.7.c of this section. Signs shall be installed and maintained by the property owner. Signs shall conform to the City of Bellevue Parks Department’s standards for directional signs, and shall be posted in conspicuous locations at public access sites and at the nearest connection to any off-site public rights-of-way.
8. Modifications to Approved Public Access. Requests to modify approved public access or alternative visual access shall be reviewed through the shoreline review process applicable to the original project that required the public access.
J. Signage in the Shoreline Overlay District.
1. Applicability. In addition to the requirements set forth in Chapter 22B.10 BCC (for further information about the Citywide requirements refer to the City of Bellevue Sign Code), all applications to erect signage in the Shoreline Overlay District shall comply with this section.
2. Shoreline Sign Performance Standards. In addition to the Citywide sign regulations codified in Chapter 22B.10 BCC, the following provisions apply to signs in the Shoreline Overlay District:
a. Signs shall comply with the shoreline structure setback standards in LUC Chart 20.25E.050.A, except interpretative or directional signs for public access or recreation amenities, or to protect the public health, safety, and welfare, are allowed.
b. Floating billboards are prohibited.
c. Signage shall not be permitted to be constructed over water, except:
i. For water-dependent uses providing gas and oil sales to boats where the facility is accessible from the water:
(1) One sign not exceeding 20 square feet per sign face is permitted. Internally-illuminated signs are not permitted. The Director may approve low-wattage external light sources that are not visible from neighboring properties or directed towards the water.
(2) Signs shall be mounted to a pier or wall-mounted. The maximum height of a freestanding sign mounted to a pier is five feet above the surface of the pier. A wall-mounted sign shall not project above the roofline of the building to which it is mounted.
ii. Navigational signs, directional signs, and signs displaying a public service message;
iii. Interpretative signs for public access and recreation amenities; and
iv. Building addresses mounted flush to the end of a pier.
d. Signs within the Shoreline Overlay District, except directional, address, and interpretive signs, shall be oriented away from or screened from public shoreline areas and the water body and shall minimize glare into fish and wildlife habitats, buffers, shoreline views, and public access areas.
e. The maximum height of a freestanding sign within the Shoreline Overlay District is five feet.
K. Vegetation Conservation and Landscape Standards.
1. Purpose and Scope. Retention of significant trees and native vegetation as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote use of natural systems, to reduce the impacts of development on the storm drainage system, water resources and shoreline ecological functions, and to provide a better transition between the various land uses permitted in the City. This section provides standards for vegetation conservation within established vegetation conservation areas and areas outside of the vegetation conservation area but within the Shoreline Overlay District.
2. Applicability. The requirements of this section shall be imposed any time a permit, approval, or review includes land disturbing activities as defined in BCC 23.76.030 (Clearing and Grading Code), or land development including subdivisions, short subdivisions, or planned unit developments, a change in lot coverage, or impervious surface, or a change in the area devoted to parking and circulation is required by the Bellevue City Code. Additional standards apply for critical areas, see LUC 20.25H.055. The requirements of this section do not apply to residential development located in the shoreline residential and shoreline residential canal environments. Refer to LUC 20.25E.065.F.
3. Required Review. The Director shall review the proposed removal of significant trees with each application listed within subsection K.2 of this section.
4. Modification of Standards. The vegetation conservation requirements contained in this section may be modified using the special shoreline report process (refer to LUC 20.25E.160.E). The special shorelines report shall demonstrate that the proposal with the requested setback reduction leads to equivalent or better protection of shoreline ecological functions than would result from the application of the standard requirements. For the urban conservancy and urban conservancy open space environments the vegetation conservation area dimension may not be reduced to less than 25 feet.
5. Vegetation Conservation Area Dimensions. For shoreline environments other than shoreline residential and recreational boating, the dimension of the shoreline vegetation conservation area for the corresponding shoreline environment designation is as follows:
Vegetation Conservation Area Dimensions
Shoreline Environment OHWM | Distance Measured From |
Urban Conservancy | 50 feet |
Urban Conservancy – Open Space | 50 feet |
Recreational Boating | N/A |
6. Vegetation Conservation Area Landscape Standards. Upon development or redevelopment within the urban conservancy and urban conservancy – open space environments, the full vegetation conservation area shall be provided with native vegetation as part of the development proposal, except that those portions of the vegetation conservation area where water-dependent uses are located may be developed in accordance with the specific use provisions of LUC 20.25E.070.
7. Tree Retention and Native Vegetation Standards in the Shoreline Vegetation Conservation Area. Within the shoreline vegetation conservation area, all native vegetation as defined in the City of Bellevue Shoreline Handbook (to be developed), now or hereafter amended, and existing significant trees shall be retained; provided, that the trees are determined to be healthy and the trees can be safely retained consistent with the proposed development activity. Any removal of significant trees or native vegetation shall be in compliance with this section.
8. Replanting Requirements in the Shoreline Vegetation Conservation Area. When vegetation removal is allowed, all significant trees removed within the vegetation conservation area shall be replaced at a ratio of 3:1 with a minimum 5-gallon or 2-inch caliper size for replacement plantings. Native vegetation other than trees shall be replaced at a spatial ratio of 1:1 to replicate the structural habitat and ecological functions provided by native species.
9. Tree Retention Standards outside of the Shoreline Vegetation Conservation Area. Development and uses located outside of the shoreline vegetation conservation area shall be regulated pursuant to the Citywide tree preservation standards in LUC 20.20.900 (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP. Additional standards may apply for critical areas; refer to Part 20.25H LUC (Critical Areas Overlay District).
10. Landscape Development Standards. Marinas, community clubs, yacht clubs, multifamily, and other commercial or high-intensity uses shall be regulated pursuant to the Citywide district specific landscape development standards in LUC 20.20.520 (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP.
11. Tree Protection Required. The applicant shall use tree protection techniques approved by the Director during land disturbing activities and construction to protect trees from adverse impacts related to land disturbing activities, and provide for the continual healthy life of retained significant trees.
12. Existing Landscape Maintenance. Routine maintenance of existing legally established landscaping and landscape features developed prior to May 21, 2018, in the shoreline vegetation conservation area may be continued in accordance with this section. For purposes of this section, “routine maintenance” includes mowing, pruning, weeding, planting annuals, perennials, fruits and vegetables, and other activities associated with maintaining a legally established ornamental or garden landscape and landscape features. Also, for purposes of this subsection, “landscape features” refers to fences, trellises, rockeries and retaining walls, pathways, arbors, patios, play areas and other similar improvements. To be considered routine maintenance, activities shall have been consistently carried out so that the ornamental species predominate over native or invasive species.
13. Removal of Noxious Species. Noxious species may be removed from the shoreline vegetation conservation area consistent with King County’s Noxious Weed Program’s best management practices for removal of noxious weeds. Exposed areas shall be replanted with native or native compatible species as necessary to control sediment runoff from areas of exposed soil. The preferred method to remove the following vegetation from the shoreline vegetation conservation area is with hand labor and hand-operated equipment:
a. Invasive and noxious weeds;
b. English ivy (Hedera helix);
c. Himalayan blackberry (Rubus discolor, R. procerus); and
d. Evergreen blackberry (Rubus laciniatus).
14. Hazard Trees within the Vegetation Conservation Area. The removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to an existing structure, public or private road or sidewalk, or other permanent improvement, is allowed; provided, that:
a. The applicant submits a report on a form provided by the Director from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;
b. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be converted to wildlife snags and completely removed only where no other option removes the identified hazard;
c. All cut vegetation (tree stems, branches, etc.) may be left in vegetated areas within the shoreline vegetation conservation area or, if present, critical area or buffer, unless removal is warranted due to the potential for creating a fire hazard or for disease or pest transmittal to other healthy vegetation.
d. The landowner shall replace any trees that are removed at a ratio of 3:1 with a minimum 5-gallon or 2-inch caliper size for replacement plantings;
e. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods for removal that will minimize impacts; and
f. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner on whose property the tree is located prior to receiving the permits required under Chapter 23.76 BCC (Clearing and Grading Code); provided, that the landowner makes reasonable efforts to notify the City, and within 14 days following such action, the landowner shall submit a mitigation plan that demonstrates compliance with the provisions of subsection K.14.d of this section.
15. Select Vegetation Pruning. Pruning of existing trees and vegetation within the shoreline vegetation conservation area with hand labor and hand-operated equipment in accordance with this subsection is allowed without a shoreline permit or approval. A Clearing and Grading Permit, Chapter 23.76 BCC, and/or SEPA review, Chapter 22.02 BCC, may still be required. The pruning allowed by this subsection 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. In no event may a tree or vegetation which is an active nest site for a species of local importance be pruned pursuant to this subsection.
L. Water Quality, Stormwater, and Non-Point Source Pollution.
1. Purpose. The responsibility for control of water quality, stormwater, and non-point source pollution is a Citywide obligation that is not borne entirely by property owners with land located within the Shoreline Overlay District. The purpose of this subsection is to prevent impacts to water quality and quantity that would result in a net loss of shoreline ecological functions, or a significant impact to aesthetic qualities or recreational opportunities.
2. Applicability. The following provisions apply to all development and uses in the Shoreline Overlay District, except residential:
a. All shoreline development and uses shall comply with applicable provisions of Chapter 24.06 BCC (Storm and Surface Water Utility Code), the Storm and Surface Water Engineering Standards (2011), now or as hereafter amended, Chapter 23.76 BCC (Clearing and Grading Code), and the Clearing and Grading Development Standards. The Director and the Director of Utilities may condition City approvals and permits to ensure consistency with the provisions of applicable land use, development, and utility codes and standards.
b. To avoid water quality degradation by malfunctioning or failing septic systems located within the Shoreline Overlay District, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards required by the state and local public health agencies. Property owners with septic systems must comply with WAC 24.05.160, Operation and Maintenance.
c. Construction Materials. All structures that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality, aquatic plants, or animals. Materials used for decking or other structural components shall be approved by the Environmental Protection Agency for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper, chromium, arsenic, or pentachlorophenol is prohibited in or above shoreline water bodies. Preservative and surface treatments are limited to products approved for use in aquatic environments, and must be applied according to label directions. Construction hardware that comes into contact with water either directly or through precipitation that causes discharges either directly or indirectly into surface waters shall not be susceptible to dissolution by corrosion. Materials used for construction of moorage facilities shall conform to the provisions of LUC 20.25E.065.H.3.a and 20.25E.080.E.3.c.
d. The use of coal tar sealants and other sealants that contain high levels of polycyclic aromatic hydrocarbons is prohibited. (Ord. 6416, 5-21-18, § 2)
20.25E.065 Residential shoreline regulations.
A. Purpose. This section contains development requirements and standards that apply to all development of residential uses within the Shoreline Overlay District. This section is intended to provide a consolidated approach to regulation of shoreline residential development, uses and activities. This section includes site planning requirements, general residential standards, residential dimensional requirements, shoreline vegetation conservation requirements for residential uses, residential moorage requirements, and residential nonconforming provisions.
B. General Requirements Applicable to All Residential Development.
1. Applicability. All residential use and development located in the Shoreline Overlay District shall comply with the requirements of this section and all other applicable provisions of the SMP. Except to the extent expressly stated in this section and as stated in LUC 20.25E.010.C.1.c, this part is applied as a supplement to the general development requirements and standards governing site development of property Citywide as set forth in Chapter 20.20 LUC (General Development Requirements). All other applicable City of Bellevue codes, ordinances, and development and engineering standards continue to apply to development and uses in the Shoreline Overlay District. However, Bellevue City Code provisions of general applicability are not part of the SMP unless specifically adopted by reference.
2. Site Planning. New residential development (which includes expansion projects and development of vacant land and teardowns) shall comply with the following design criteria and development standards related to site planning within the Shoreline Overlay District:
a. Shoreline Stabilization. New residential development should be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
b. Parking and Driveways. New driveways and garages associated with residential development shall comply with the following applicable standards:
i. New residential parking shall not be permitted over water or within the shoreline structure setback.
ii. New parking surfaces and driveway areas should be designed to incorporate natural drainage practices and low-impact development practices where feasible. (For further information regarding Citywide requirements, refer to the Storm and Surface Water Utility Code, Chapter 24.06 BCC, and the Storm and Surface Water Engineering Standards (2011), now or as hereafter amended.)
iii. Construction, maintenance, and repair of parking surfaces and driveways shall prevent surface water runoff from contaminating water bodies by using best management practices. (For further information regarding Citywide requirements, refer to the Bellevue Storm and Surface Water Utility Code, Chapter 24.06 BCC, and the Storm and Surface Water Engineering Design Standards (2011); now or as hereafter amended.)
c. Accessory Utilities. To minimize disturbance in the Shoreline Overlay District, and to reduce the impact on shoreline ecological functions, utilities serving residential development shall be consolidated when reasonable within existing or proposed roadway and driveway corridors that provide access to the development. Consolidation of utilities within the roadway and driveway corridor is not reasonable when consolidation will not achieve the intended function of the utility, or the cost of avoiding disturbance is substantially disproportionate when compared to the environmental impact of proposed disturbance. Septic systems may be removed upon connection to sanitary sewer; provided, that all areas of temporary disturbance are restored to a condition equivalent to that which existed prior to undertaking the removal activity. Mitigation credits can be earned pursuant to the provisions of subsection F.8 of this section for vegetation enhancements that will improve the pre-existing condition after the removal activity is completed.
d. Clearing and Grading.
i. All clearing, grading, excavating, and filling in the Shoreline Overlay District shall comply with the provisions of this subsection B.2.d. (For further information regarding Citywide requirements, refer to Chapter 24.06 BCC (Storm and Surface Water Utility Code), Chapter 23.76 BCC (Clearing and Grading Code), and the City’s engineering and clearing and grading development standards, now or as hereafter amended.)
ii. Minimum Necessary. Clearing, grading, excavation, and filling is permitted only in association with an approved residential use or development and shall be the minimum necessary to support the approved residential use or development. Filling to create dry land is prohibited.
e. Critical Areas. Critical areas in the Shoreline Overlay District shall be regulated pursuant to Part 20.25H LUC, Critical Areas Overlay District (as set forth in Ordinance No. 6417, passed on May 21, 2018, which is incorporated by this reference into the SMP). In the event of a conflict between Part 20.25H LUC and the SMP, the provision providing the greatest protection to critical areas shall apply, consistent with LUC 20.25E.010.C.1.b.ii, unless otherwise described in the applicable provision. If critical areas are located on the site, the requirements for the associated critical area buffer and buffer setback may impose a larger setback requirement than required under this section.
f. Water Quality, Stormwater, Non-Point Source Pollution.
i. Purpose. Single-family residences are identified as a priority use when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. The purpose of this subsection is to prevent impacts to water quality and quantity that would result in a net loss of shoreline ecological functions, or a significant impact to aesthetic qualities or recreational opportunities. The responsibility for water quality and control of stormwater and non-point source pollution beyond individual properties is a Citywide obligation that is not borne entirely by property owners of land located within the Shoreline Overlay District.
ii. Applicability. All shoreline residential development and uses shall comply with applicable provisions of this subsection. (For further information regarding Citywide requirements, refer to Chapter 24.06 BCC (Storm and Surface Water Utility Code), the Storm and Surface Water Engineering Design Standards (2011), Chapter 23.76 BCC (Clearing and Grading Code), and the Clearing and Grading Development Standards; now or as hereafter amended.)
iii. Construction Materials. All structures that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality, aquatic plants, or animals. Materials used for decking or other structural components shall be approved by the Environmental Protection Agency for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper, chromium, arsenic, or pentachlorophenol is prohibited in or above shoreline water bodies. Preservative and surface treatments are limited to products approved for use in aquatic environments, and must be applied according to label directions. Construction hardware that comes into contact with water either directly or through precipitation that causes discharges either directly or indirectly into surface waters shall not be susceptible to dissolution by corrosion. Materials used for construction of moorage facilities shall conform to the provisions of subsection H.3.a of this section. The use of cold tar sealants that contain polycyclic aromatic hydrocarbons is prohibited.
C. Dimensional Requirements for Shoreline Residential and Shoreline Residential Canal Environments.
1. Applicability. This subsection C applies to all new residential uses and residential uses that are proposed for modification and located in the shoreline residential and shoreline residential canal environments. Additionally, the general development requirements and standards governing site development of property Citywide contained in Chapter 20.20 LUC apply.
2. Shoreline Dimensional Requirements for Residential Uses. Land Use Code Chart 20.25E.065.C.2 sets forth shoreline dimensional requirements for residential uses located in the shoreline residential and shoreline residential canal environments. Each residential structure, development, or use in the shoreline shall comply with these requirements, except as otherwise provided in this section. If a number appears in a box, the dimensional requirement is subject to the provision indicated in the corresponding note. In the event of a conflict between the dimensional requirements of this section and the requirements of LUC Chart 20.20.010 when applied in the Shoreline Overlay District, the provisions of this section shall apply.
Chart 20.25E.065.C.2 Shoreline Dimensional Requirements for Residential Uses
Shoreline Dimensional Requirements for Residential Uses | ||||||
SHORELINE ENVIRONMENTS | Shoreline Structure Setback (6)(7) | Maximum Shoreline Lot Coverage by Structures (percent) | Maximum Shoreline Building Height (1)(3) | Maximum Impervious Surface Total 0 – 200 feet from OHWM (percent) (8) | Maximum Impervious Surface 0 – 10 feet from OHWM (percent) (8) | Maximum Impervious Surface 0 – 50 feet from OHWM (percent) (8) |
Shoreline Residential Canal (SRC) | 50' | N/A (2) | 35' | 50% (4) | 15% | 50% |
Shoreline Residential (SR) | 50' (5) | N/A (2) | 35' | 50/55/80% (4) | 15% | 50% |
Notes: Shoreline Dimensional Requirements for Residential Uses:
(1)Maximum building height may only be modified through the shoreline variance process (Refer to LUC 20.25E.190.)
(2)General Land Use Code provisions apply. The allowed maximum lot coverage by structures in the shoreline residential and shoreline residential canal environments located in R-1, R-1.8, R-2.5, R-3.5, R-4 and R-10 through R-30 shall not exceed 35 percent. The allowed maximum lot coverage by structures in the shoreline residential environment located in R-5 and R-7.5 shall not exceed 40 percent. (For further information regarding Citywide requirements applicable to all residential land use districts, refer to LUC Chart 20.20.010, Dimensional Requirements, Residential; now or as hereafter amended).
(3)Building height in the Shoreline Overlay District is measured in accordance with the definition of height as defined in LUC 20.25E.280.
(4)The allowed amount of maximum impervious surface in the shoreline residential and shoreline residential canal environments located in R-1, R-1.8, R-2.5, R-3.5 and R-4 shall not exceed 50 percent. The allowed maximum impervious surface established for the shoreline residential environment located in R-5 and R-7.5 shall not exceed 55 percent. The allowed maximum impervious surface in the shoreline residential environment located in R-10, R-15, R-20 and R-30 shall not exceed 80 percent.
(5)Dimensions allowed pursuant to this chart may not be achievable on properties with critical areas such as flood hazard areas, wetlands, and streams.
(6)The shoreline structure setback is modified to account for encroachments by existing structures under the footprint exception of subsection E.1.c of this section and may also be reduced to a minimum of 25 feet; provided, that impacts to existing shoreline vegetation are mitigated pursuant to the shoreline vegetation conservation requirements contained in subsection F of this section. A 1-time lateral expansion of up to 200 square feet is allowed for existing structures within 25 feet of ordinary high water mark pursuant to the residential structure setback allowances contained in subsection E.2 of this section. Further shoreline setback encroachments may only be allowed through approval of a shoreline variance (refer to LUC 20.25E.190).
(7)Impacts to existing shoreline vegetation located within 50 feet from OHWM are required to be mitigated pursuant to the shoreline vegetation conservation requirements contained in subsection F of this section.
(8)Limitation on Requirement to Provide Shoreline Vegetation Mitigation Planting. Fifteen percent impervious surface area, or activity area comprised of mown lawn, bare ground or pervious surfaces, shall be permitted within 0 to 25 feet of OHWM irrespective of whether the mitigation requirements of subsection F.8 of this section have been fully met.
D. Residential Impervious Surfaces. Impervious surfaces in the Shoreline Overlay District shall be regulated pursuant to LUC 20.20.460.E (as set forth in the Land Use Code May 21, 2018) which is incorporated by this reference into the SMP. The maximum impervious surface total 0 to 200 feet contained in LUC Chart 20.25E.065.C.2 may be modified through the special shoreline report process (refer to LUC 20.25E.160.E). Modifications to the maximum impervious surface 0 to 10 feet from OHWM and maximum impervious surface 0 to 50 feet from OHWM may only be allowed through approval of a shoreline variance (refer to LUC 20.25E.190)
E. Residential Structure Setback for Shoreline Residential and Shoreline Residential Canal Environments.
1. General Setback Requirements Applicable to All Residential Development.
b. Measurement of Shoreline Structure Setback. The shoreline structure setback shall be measured landward from ordinary high water mark on a horizontal plane and to a point that results in the required dimension. On Lake Sammamish, the shoreline structure setback may be measured landward from elevation 31.8 NAVD 88 on a horizontal plane and to a point that results in the required dimension, or from that point identified in a site-specific ordinary high water mark determination prepared by a qualified professional at the sole direction of the applicant. The fixed elevation shall not be used for the determination of ordinary high water mark required for the purpose of locating a residential moorage (refer to subsection H of this section) or shoreline stabilization (refer to subsection G of this section). If critical areas are located on the site, the requirements for the associated critical area buffer and buffer setback may impose a larger setback than required under this section.
c. Footprint Exception – Existing Structures. When a legally established structure existing on or before May 21, 2018, encroaches into the structure setback established in LUC Chart 20.25E.065.C.2, the structure setback shall be modified to exclude the footprint of that portion of the structure located within the setback.
2. Residential Structure Setback Allowances within 25 Feet of OHWM.
a. Expansion of the exterior footprint of an existing legally established structure in the area located within 25 feet landward from elevation 31.8 NAVD, or 25 feet landward from that point identified in a site-specific OHWM determination prepared by a qualified professional, is allowed when:
i. The modification, addition, replacement or related activity does not increase the existing total footprint of the residence and associated impervious surface lying within the shoreline structure setback by more than 200 square feet over that existing before May 21, 2018; and
ii. No portion of the modification, addition or replacement is located closer to elevation 31.8 NAVD or the OHWM; and
iii. Impacts to existing shoreline vegetation are mitigated pursuant to the shoreline vegetation conservation requirements in subsection F of this section; and
b. This allowance may only be used once for the life of the structure.
3. Modification of Setbacks within 25 Feet of OHWM. Expansion of the exterior footprint of an existing legally established structure in the area located within 25 feet landward from elevation 31.8 NAVD, or 25 feet landward from that point identified in a site-specific OHWM determination prepared by a qualified professional, requires a shoreline variance (refer to LUC 20.25E.190) when:
a. The expansion causes the footprint to be located closer to elevation 31.8 NAVD or OHWM; or
b. The expansion is in excess of the 1-time 200-square-foot allowance pursuant to subsection E.2 of this section.
F. Shoreline Vegetation Conservation.
1. Purpose and Scope.
a. Purpose. Conservation of significant trees and existing shoreline vegetation as required by this section is imposed to maintain the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote use of natural systems, and to reduce the impacts of development on the storm drainage system, water resources and shoreline ecological functions.
b. Scope. This section provides standards for shoreline vegetation conservation within established shoreline vegetation conservation areas and areas outside of the shoreline vegetation conservation area but within the Shoreline Overlay District. The proposed approach to vegetation conservation in the City of Bellevue is designed to ensure a nexus and rough proportionality between impacts and required mitigation. Both impacts and mitigation requirements are calculated based on a change in the type of land cover. The ecological value for each type of land cover is assigned within a range from zero (no function) to one (maximum function). The proposed approach incorporates the following inputs:
i. Existing level of shoreline ecological functions (value);
ii. Final level of shoreline ecological functions (value); and
iii. Area of impact and/or mitigation.
2. Applicability. The requirements of this section apply any time development or activity creates an impact to existing shoreline vegetation as defined in subsection F.7 of this section. Additional standards may apply for critical areas; refer to Part 20.25H LUC (Critical Areas Overlay District).
3. Required Review. The shoreline vegetation conservation requirements shall be imposed any time a permit, approval, or review is required.
4. Modification of Standards. The vegetation impact and mitigation requirements contained in this section may be modified using the special shoreline report process (refer to LUC 20.25E.160.E). A special shoreline report is not necessary for the Director to modify the requirements for nonconforming lots or lots with unique sizes and shapes when necessary to ensure mitigation has a nexus and rough proportionality to the proposed impact and is consistent with all relevant constitutional and other legal limitations.
5. Shoreline Vegetation Conservation Area Dimensions. For the shoreline residential and shoreline residential canal environments the dimension of the shoreline vegetation conservation area shall be 50 feet measured landward from ordinary high water mark on a horizontal plane and to a point that results in the required dimension.
6. Retention of Existing Vegetation. Within the shoreline vegetation conservation area, existing shoreline vegetation may only be removed in compliance with this section.
7. Impacts to Existing Shoreline Vegetation. All development or activity resulting in adverse impacts to existing shoreline vegetative functions shall require mitigation per the applicable standards set forth in subsection F.8 of this section. Adverse impacts to existing vegetative functions are defined as follows:
a. New or Expanded Impervious Surfaces. Placement of any impervious surface within the shoreline vegetation conservation area, and outside of the footprint of the existing impervious surface that was legally established before May 21, 2018. Placement of impervious surface applies to new, reconfigured, and expanded structures or impervious surfaces allowed pursuant to the requirements of subsections C through E of this section. A 1-time lateral expansion of an existing impervious surface may be undertaken in that area between 25 to 50 feet from OHWM without the need for mitigation of nonsignificant tree impacts under the terms of subsections F.7 and F.8 of this section, so long as the following criteria are met:
i. The lateral expansion is not located within 25 feet of OHWM; and
ii. The lateral expansion does not increase the existing total footprint of the residence and/or associated impervious surface lying within the shoreline vegetation conservation area by more than 200 square feet or 5 percent of the total shoreline vegetation conservation area, whichever is greater, over that existing before May 21, 2018; and
iii. No portion of the modification, addition or replacement is located closer to the OHWM; and
iv. Impacts to any significant trees are mitigated pursuant to the terms of subsection F.8.c.iii of this section; and
v. This allowance may only be used once for the lifetime of the existing impervious surfaces.
b. Shoreline Vegetation Impact. Shoreline vegetation impacts are defined as any of the following:
i. Removal or alteration of more than 200 square feet of existing shoreline vegetation including nonsignificant trees, shrubs, or ground cover in a 5-year period within the area between 0 and 25 feet of OHWM;
ii. Removal or alteration of more than a total of 1,000 square feet of existing shoreline vegetation including nonsignificant trees, shrubs, or ground cover in a 5-year period within the shoreline vegetation conservation area;
iii. Removal or alteration of less than 1,000 square feet of existing shoreline vegetation including nonsignificant trees, shrubs, or ground cover in a 5-year period within the shoreline vegetation conservation area if the area of lawn or bare ground increases by more than 200 square feet.
Vegetation removal and alterations are not governed by the square footage limitations set forth in this subsection when the alteration is part of an approved watershed restoration plan pursuant to LUC 20.25E.170.C.15, a fish or wildlife habitat improvement project pursuant to LUC 20.25E.170.C.16 or a voluntary removal of shoreline stabilization meeting the requirements of LUC 20.25E.080.F.7. Regular landscape maintenance, as described under subsection F.11 of this section, is not considered a shoreline vegetation impact.
c. Overhanging Vegetation Impact. Removal of existing vegetation within the shoreline vegetation conservation area that overhangs the shoreline water body.
d. Significant Tree Impact. Removal of any significant tree within the shoreline vegetation conservation area. For further information regarding the definition of significant tree, refer to LUC 20.50.046 now or as hereafter amended.
8. Mitigation for Impacts to Existing Shoreline Vegetation. To ensure no net loss of shoreline ecological functions, mitigation planting shall be designed to have a nexus and rough proportionality to the impacts on ecological functions.
a. Types of Vegetation Mitigation.
i. Shoreline Vegetation Replacement. Shoreline vegetation replacement includes planting of native or nonnative vegetation that offsets impacts to existing shoreline vegetation with an equal amount of shoreline vegetation mitigation, as defined in subsection F.8.c of this section. Conversion to mown lawn, annual or perennial garden, weeds, bare ground, and pervious structures do not qualify as shoreline vegetation replacement. Shoreline vegetation replacement shall meet the standards set forth in subsection F.8.g of this section.
ii. Shoreline Vegetation Enhancement. Shoreline vegetation enhancement includes improving existing vegetation through native infill plantings and/or removal of invasive vegetation such that the resulting vegetation meets the composition, coverage and noxious weed standards for shoreline mitigation planting set forth in subsections F.8.g.i, F.8.g.iv, and F.8.g.vi of this section.
iii. Shoreline Vegetation Retention. Shoreline vegetation retention includes maintaining vegetation that already meets the composition, coverage and noxious weed standards for shoreline mitigation planting set forth in subsections F.8.g.i, F.8.g.iv, and F.8.g.vi of this section.
iv. Tree Replacement. Tree replacement includes planting of native or nonnative tree species that meet the standards in subsection F.8.g.i(4) of this section.
b. Mitigation Planting Types. The type of mitigation required shall be determined by the location and type of impacts to existing shoreline vegetation (defined in subsection F.7 of this section), as follows:
Table 20.25E.065.F.8.b. Shoreline Vegetation Mitigation Planting Types
Location of Impact | Type of Impact | Mitigation Planting Type Required |
0 – 25 feet from OHWM | • New or Expanded Impervious Surfaces • Native Vegetation Impact • Overhanging Vegetation Impact | Shoreline vegetation replacement, enhancement, retention, or a combination thereof, 0 – 25 feet from OHWM |
Significant Tree Impact | Tree replacement 0 – 50 feet from OHWM pursuant to LUC 20.25E.065.F.8.c.iii | |
25 – 50 feet from OHWM | • New or Expanded Impervious Surfaces • Native Vegetation Impact | Shoreline vegetation replacement, enhancement, retention, or a combination thereof, 0 – 50 feet from OHWM |
Significant Tree Impact | Tree replacement 0 – 200 feet from OHWM pursuant to LUC 20.25E.065.F.8.c.iii |
c. Mitigation Amount Required. For each type of impact to existing shoreline vegetation, the number of debits generated by the impact shall be offset by an equal number of credits generated through shoreline vegetation mitigation.
i. Debits. For each type of shoreline vegetation impact, the number of debits shall be calculated by summing, for each type of land cover conversion, the difference between the final value and existing value of land cover types using LUC Chart 20.25E.065.F.8.d, multiplied by the square footage of land cover converted, as follows:Debits = Sum (Change in Land Cover Value x Impact Area in square feet)
.
ii. Credits. For each type of mitigation planting required per subsection F.8.b of this section, the number of mitigation credits shall be equal to or greater than the number of debits as calculated pursuant to subsection F.8.c.i of this section. The number of mitigation credits shall be calculated by summing, for each type of land cover conversion, the difference between the final value and existing value of land cover types using LUC Chart 20.25E.065.F.8.d, as follows:Credits = Sum (Change in Land Cover Value x Mitigation Area in square feet)
.
iii. Significant Trees. Debits and credits are not assigned to significant trees. All significant trees removed shall be replaced consistent with the following standards:
(1) Significant Tree Replacement Ratio.
Significant Tree Removed | Replacement Ratio (replaced : removed) |
8 – 10 inches | 1:1 |
10 – 16 inches | 2:1 |
Greater than 16 inches | 3:1 |
(2) Replacements for Significant Trees. Removal of significant trees over 50 feet in height and removal of significant trees identified on the replacement trees list contained in subsection F.8.g.i(4) of this section shall be replaced with trees specifically identified on the replacement trees list contained in subsection F.8.g.i(4) at the ratio provided in subsection F.8.c.iii(1) of this section. Removal of significant trees less than 50 feet in height and not identified on the replacement trees list contained in subsection F.8.g.i(4) of this section may be replaced with any tree at a 1:1 ratio.
(3) Planting Location. All significant trees removed from the area within 25 feet of the OHWM shall be replaced in a location within 50 feet of OHWM. All significant trees removed from the area between 25 to 50 feet of OHWM shall be replaced in a location within 200 feet of OHWM; provided, that at least 1 replacement tree is located within 50 feet of OHWM.
(4) Size at Planting. All significant trees removed shall be replaced with a minimum five-gallon or two-inch caliper sized tree in the designated mitigation planting area per LUC Chart 20.25E.065.F.8.b.
(5) Critical Habitat. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods for removal that will minimize impacts.
iv. Impervious Surface Waterward of Existing Structures. In addition to mitigation required through subsections F.8.c.i through F.8.c.iii of this section, any shoreline impact resulting from an increase in impervious surface located waterward of existing structures shall also require installation of 75 square feet of native vegetation within 0 to 10 feet of OHWM. Planting shall meet the standards described in subsection F.8.g of this section.
d. Shoreline Land Cover Values. LUC Chart 20.25E.065.F.8.d sets forth values for land cover types in shoreline jurisdiction. The applicant shall use these values to calculate total debits and total credits required, as set forth in subsection F.8.c of this section.
Chart 20.25E.065.F.8.d Shoreline Land Cover Types and Values
Land cover type | Standard value (1) | Mitigation planting types |
0.0 | Not allowed as mitigation planting for removal of land cover having a value of greater than 0.2. | |
Mown lawn, annual or perennial gardens, noxious species/weeds | 0.1 | |
Bare ground or pervious features | 0.15 | |
Nonnative vegetation, 25 – 50 feet from OHWM (3) | 0.25 | Shoreline vegetation replacement, enhancement, or retention. |
Nonnative vegetation, 0 – 25 feet from OHWM (3) | 0.3 | |
Native vegetation (4), 25 – 50 feet from OHWM (6) | 0.6 | |
Rain garden/swale, 0 – 200 feet from OHWM (7) | 0.7 | |
Native vegetation (4), 0 – 25 feet from OHWM (6) | 0.8 | |
Native overhanging vegetation (5), 0 – 10 feet from OHWM | 1.0 |
Notes: Shoreline Land Cover Types and Values:
(1)In order to receive credit using these values, mitigation planting shall meet the standards set forth in subsection F.8.g of this section. Existing vegetation is not required to meet the standards for mitigation planting set forth in subsection F.8.g of this section. Existing vegetation with a minimum coverage of 50 percent by area shall be considered a vegetation area. The minimum size of a vegetated area described in subsection F.8 of this section is 200 square feet.
(2)Assumes only non-pollutant-generating impervious surfaces (e.g., roofs, patios, walkways) within the shoreline vegetation conservation area.
(3)Defined as nonnative trees, shrubs, and/or ground cover. Area of noxious weeds shall be valued the same as mown lawn and annual or perennial gardens.
(4)Defined as a mixture of native trees, shrubs, and ground cover that do not meet the definition of native overhanging vegetation (see Note 5 below).
(5)Native willows, native dogwoods, native emergent vegetation, or other native nonsignificant trees or shrubs that, when mature, will have the potential to overhang the shoreline. Vegetation meeting this definition shall not be classified as a significant tree even if it would otherwise qualify for this designation pursuant to the definition contained in LUC 20.50.046 now or as hereafter amended.
(6)Mitigation area which does not meet the 60 percent composition standard for trees and/or shrubs would be assigned a standard value of 0.1.
(7)Installation shall be pursuant to the Western Washington Rain Garden Handbook for Region 3, now or as hereafter amended. Rain gardens provide water quality benefits that may not fully mitigate for lost habitat structure associated with a project that impacts trees and shrubs. Projects that impact native vegetation shall also be mitigated with the installation of native vegetation having a shoreline land cover value of 0.6 or greater pursuant to the terms of subsection F.8.c of this section.
e. Shoreline Vegetation Enhancement. For those areas of existing shoreline vegetation that do not presently meet the standards for shoreline mitigation planting set forth in subsection F.8.g of this section, the applicant may improve the existing vegetation through infill planting of additional native vegetation and/or removal of invasive vegetation. The following standards shall apply to shoreline vegetation enhancement:
i. Enhanced vegetation shall be assigned an increase in land cover value equal to 0.15 above the standard value set forth in subsection F.8.d of this section. Enhancement credits shall be calculated by summing, for each area of vegetation enhanced, the difference in value between the initial and final land cover types (equal to 0.10 in all instances of vegetation enhancement), as follows: Enhancement Credits = Sum (0.15 x Enhanced Area in square feet)
.
ii. Enhanced vegetation shall meet the standards for shoreline mitigation planting set forth in subsection F.8.g of this section.
iii. The enhancement credit may apply to existing nonnative planting areas, but any infill planting installed to meet the enhancement standard shall consist of native species.
iv. Shoreline vegetation enhancement shall not apply to significant tree replacement.
v. Enhancement credits shall only be applied to a given area once.
f. Shoreline Vegetation Retention. The applicant shall receive mitigation credits for retaining areas of existing shoreline vegetation that presently meet the standards for composition, coverage, and noxious weeds for shoreline mitigation planting set forth in subsection F.8.g of this section.
i. Retained vegetation shall be assigned an increase in land cover value equal to 0.15 above the standard value set forth in subsection F.8.d of this section. Retention credits shall be calculated by summing, for each area of vegetation retained, the difference in value between the initial and final land cover types (equal to 0.15 in all instances of vegetation retention), as follows: Retention Credits = Sum (0. 15 x Retained Area in square feet)
.
ii. Retention credits shall only be applied to a given area once.
g. Shoreline Vegetation Mitigation Planting. The following standards shall apply to shoreline vegetation mitigation planting:
i. Composition.
(1) Native, Overhanging Vegetation. Planted native, overhanging vegetation shall be any combination of native willows, red osier dogwood, and/or native emergent vegetation that is rooted in or overhangs the shoreline water body. Willows or dogwoods shall compose at least 80 percent of the total planted area based on coverage at 5 years.
(2) Native Vegetation. Planted native vegetation shall be a combination of trees, shrubs, and/or ground cover native to the lowlands of Western Washington with a minimum combined 5-year tree and shrub coverage of 60 percent. Native species composition shall be at least 80 percent coverage at 5 years.
(3) Nonnative Vegetation. Planted nonnative vegetation shall be a combination of trees, shrubs, and/or ground cover with a minimum combined 5-year tree and shrub coverage of 60 percent.
(4) Replacement Trees. Replacement trees shall be a species identified in the planting list provided below or as approved by the Director as a functional equivalent.
Conifers – Native to Lowlands of Western Washington
Common Name | Scientific Name |
Grand Fir | Abies grandis |
Noble Fir | Abies procera |
Alaska Yellow Cedar | Chamaecyparis nootkatensis |
Sitka Spruce | Picea sitchensis |
Shore Pine | Pinus contorta var. contorta |
Lodgepole Pine | Pinus contorta var. latifolia |
Western White Pine | Pinus monticola |
Douglas Fir | Pseudotsuga menziesii |
Western Red Cedar | Thuja plicata |
Western Hemlock | Tsuga heterophylla |
Conifers – Not Native to Lowlands of Western Washington
Common Name | Scientific Name |
Incense Cedar | Calocedrus decurrens |
Atlas Cedar | Cedrus atlantica |
Deodar Cedar | Cedrus deodora |
Cedar of Lebanon | Cedrus libani |
Western Larch* | Larix occidentalis |
Ponderosa Pine | Pinus ponderosa |
Coastal Redwood | Sequoia sempervirens |
*Deciduous
Broadleaf Natives
Common Name | Scientific Name |
Bigleaf Maple | Acer macrophyllum |
Red Alder | Alnus rubra |
Pacific Madrone* | Arbutus menziesii |
Pacific Dogwood | Cornus nuttallii |
Oregon Ash | Fraxinus latifolia |
Black Cottonwood | Populus balsamifera |
Quaking Aspen | Populus tremuloides |
Garry Oak | Quercus garryana |
Paper Birch | Betula papyrifera |
*Evergreen
ii. Plant Density. Planted vegetation should follow a recommended maximum on-center spacing of 3 feet for ground cover, 6 feet for shrubs, and 15 feet for trees. Live stakes may also be used for willows and dogwood with an on-center spacing of three feet. The corresponding coverage area per individual plant is calculated at 10 square feet per ground cover and live stakes, 30 square feet per shrub, and 200 square feet per tree.
iii. Size at Planting. Planted vegetation shall have a minimum pot size at planting of one gallon for ground cover, two gallons for shrubs, and five gallons or two-inch caliper size for trees.
iv. Coverage. Planting shall achieve an ultimate areal coverage of at least 80 percent by year 5 after planting.
v. Siting. Planted areas should be consolidated within the parcel to the degree feasible. Clusters of vegetation are required for credits to be received and shall be greater than 200 square feet in size, where feasible.
vi. Noxious Weeds. Area of noxious weeds and invasive species including but not limited to English ivy (Hedera helix), Himalayan blackberry (Rubus discolor, R. procerus), and evergreen blackberry (Rubus laciniatus) shall comprise no more than 10 percent of mitigation planting area at any time within the first 5 years after planting.
vii. Survival. The applicant shall demonstrate 100 percent survival of all planted trees, shrubs, and ground cover the first year after planting and 80 percent survival of all planted trees and shrubs in years 3 through 5 after planting. Survival standards do not apply to live stake planting; provided, that coverage standards of subsection F.8.g.iv of this section are met.
viii. Limitation on Requirement to Provide Shoreline Vegetation Mitigation Planting. Fifteen percent impervious surface area, or activity area comprised of mown lawn, bare ground or pervious surfaces, shall be permitted within 0 to 25 feet of OHWM irrespective of whether the mitigation requirements of this subsection F.8 have been fully met.
h. Dock Grating Mitigation. The applicant shall receive mitigation credit for the replacement of solid decking with grated decking.
i. Dock Area within 30 feet of OHWM. Replacement of solid decking with grated decking in the near shore area when not already required as mitigation for associated dock expansion or dock replacement earns 50 units of mitigation credit.
ii. Entire Dock Area. Replacement of all solid decking with grated decking over the entire dock area earns 75 units of mitigation credit.
i. Advance Mitigation. Advance mitigation credits may be generated through any mitigation planting conducted prior to the time at which existing shoreline vegetation is impacted, in accordance with the following standards:
i. Baseline mitigation credits shall be calculated in the same way as mitigation credits in accordance with subsection F.8.c of this section.
ii. The value of advance mitigation credits shall increase by five percent of baseline mitigation credits each year following the mitigation planting and prior to the use of the credits to offset future vegetation impacts (debits). Total advance mitigation credits shall not exceed 200 percent of baseline mitigation credits.
iii. Advance mitigation planting shall be conducted in accordance with the procedures and standards set forth in this subsection F.8, Mitigation for Impacts to Existing Shoreline Vegetation.
j. Planting Plan. The applicant shall submit a planting plan prepared by a qualified professional or per guidance in the City of Bellevue Shoreline Handbook. The planting plan shall show location, size, species, and quantity of proposed mitigation planting, including replacement, enhancement, and retention of vegetation.
9. Tree Retention Standards outside of the Shoreline Vegetation Conservation Area. Development and uses located outside of the shoreline vegetation conservation area shall be regulated pursuant to the Citywide Tree Retention and Replacement standards in LUC 20.20.900 (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP. Additional standards may apply for critical areas; refer to Part 20.25H LUC (Critical Areas Overlay District).
10. Tree Protection Required. The applicant shall use tree protection techniques approved by the Director during land disturbing activities and construction to protect trees from adverse impacts related to land disturbing activities, and provide for the continual healthy life of retained significant trees.
11. Existing Landscape Maintenance. Routine maintenance of existing legally established landscaping and landscape features developed prior to May 21, 2018, in the shoreline vegetation conservation area may be continued in accordance with this section. For purposes of this section, “routine maintenance” includes mowing, pruning, weeding, planting annuals, perennials, fruits and vegetables, and other activities associated with maintaining a legally established ornamental or garden landscape and landscape features. Also, for purposes of this subsection, “landscape features” refers to fences, trellises, rockeries and retaining walls, pathways, arbors, patios, play areas and other similar improvements. To be considered routine maintenance, activities shall have been consistently carried out so that the ornamental species predominate over native or invasive species.
12. Removal of Noxious Species. Noxious species may be removed from the shoreline vegetation conservation area consistent with King County’s Noxious Weed Program’s best management practices for removal of noxious weeds so long as the exposed areas are replanted as necessary to control sediment runoff. The preferred method to remove noxious species from the shoreline vegetation conservation area is with hand labor and hand-operated equipment. Eurasian water milfoil and Brazilian elodea may be removed without triggering the mitigation requirements of subsection F.8.g of this section.
13. Hazard Significant Trees within the Shoreline Vegetation Conservation Area. The removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to an existing structure, public or private road or sidewalk, or other permanent improvement, is allowed subject to the following requirements:
a. Mitigation. The landowner shall replace any trees that are removed with minimum five-gallon or two-inch caliper size replacement tree(s) pursuant to the ratio contained in subsection F.8.c.iii of this section.
b. Wildlife Snag as Alternative Mitigation. A landowner may choose to convert a hazard tree proposed for removal to a wildlife snag as an alternative to providing replacement mitigation; and
c. Notification of Removal. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner on whose property the tree is located prior to receiving the permits required under Chapter 23.76 BCC (Clearing and Grading Code); provided, that the landowner makes reasonable efforts to notify the City within 14 days following such action. The landowner shall propose mitigation planting in compliance with the provisions of subsection F.8.c.iii of this section and an installation schedule within 30 days of removing the hazard tree.
14. Select Vegetation Pruning. Pruning of existing trees and vegetation within the shoreline vegetation conservation area with hand labor and hand-operated equipment in accordance with this subsection is allowed without a shoreline permit or approval. A Clearing and Grading Permit, Chapter 23.76 BCC, and/or SEPA review, Chapter 22.02 BCC, may still be required. The pruning allowed by this subsection 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. The following exceptions apply:
a. In no event may a tree or vegetation which is an active nest site for a species of local importance be pruned pursuant to this subsection.
b. Pruning of overhanging vegetation used for mitigation credits, including enhancement, conservation, or advance credits, may not reduce the amount of vegetation hanging over or into the shoreline water body.
G. Shoreline Stabilization. Shoreline stabilization measures in the Shoreline Overlay District are regulated pursuant to LUC 20.25E.080.
H. Residential Moorage (Overwater Structures).
1. Applicability. Moorage facilities are allowed in the Shoreline Overlay District when in compliance with this subsection H.
2. Definitions. The following definitions apply to this subsection H in addition to the definitions contained in LUC 20.25E.280 and Chapter 20.50 LUC (as set forth in the Land Use Code on May 21, 2018) which is incorporated by this reference into the SMP:
a. Boat. A vessel built to travel on water that carries people or goods and is propelled by oars, outboard motor, inboard motor, or by wind.
b. Boathouse. A boat cover that includes at least one wall. Boathouses may be structurally integrated into or attached to the dock or boatlift or may be freestanding.
c. Boatlift. A structure or mechanism designed to elevate and dry-store boats above the water. Boatlifts do not include floating boatlifts, which for the purpose of this section are regulated as a boat. Boatlifts include cradle lifts, platform lifts, and hoist lifts.
d. Lift Canopy. A fabric-skinned, rigid-framed boat cover structurally attached to a boatlift or watercraft lift roughly the equivalent in size of the boat or watercraft lift it is designed to protect.
e. Near Shore. The area located waterward of the OHWM when measured on a horizontal plane to a distance of 30 feet from the OHWM.
f. Open-Sided Boat Moorage Cover. A boat shelter with a permanent structural roof and open sides.
g. Reconfigure. Refers to the rearrangement of dock structure elements which results in new length and width dimensions even when the overall square footage remains unchanged from the original dock structure.
h. Walkway. The portion of the dock that is connected to the shoreline at the landward end and provides access to moorage.
i. Watercraft. A small recreational vessel that the rider sits or stands on, rather than inside of, seats up to three riders, and is powered by an inboard jet propulsion system.
j. Watercraft Lift. A structure or mechanism that is designed to elevate and dry-store watercraft above the water. The term “watercraft lift” does not include floating watercraft lifts, which for the purpose of this section, are regulated as watercraft. Watercraft lifts include cradle lifts, platform lifts, and hoist lifts.
3. General Requirements Applicable to All Residential Docks. The following standards apply to all development and repairs related to residential docks:
a. Dock Materials. Environmentally neutral materials approved by the Environmental Protection Agency for use in aquatic environments shall be used. No materials treated with known toxic preservatives are allowed. Dock materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds. Preservative and surface treatments are limited to products approved for use in aquatic environments and must be applied according to label directions. Construction hardware that comes into contact with water either directly, or through precipitation that causes discharges either directly or indirectly into surface waters shall not be susceptible to dissolution by corrosion.
b. Dock Lighting. Dock lighting for the purpose of illuminating the dock surface for safety is allowed when the illuminating fixtures are limited to the minimum height necessary above the dock surface, or screened to provide the intended function of walkway illumination, without allowing light emissions to spill outside of the dock surface.
c. Accidental Destruction – Timing of Construction. Pursuant to subsection I.3.e of this section, legally established structures destroyed by fire, explosion, or other unforeseen disaster beyond the control of the owner may be reconstructed in the same configuration; provided, that complete applications for all required permits are submitted within two years from the date of destruction. Materials used for reconstruction shall comply with the requirements set forth in subsection H.3.a of this section. Areas of temporary construction disturbance resulting from the reconstruction shall be restored to preconstruction conditions.
4. General Requirements Applicable to New or Reconfigured Residential Docks.
a. Subsection H.4 of this section and LUC Chart 20.25E.065.H.4 of this section contain general requirements that apply to all new and reconfigured residential docks in addition to the general requirements set forth in subsection H.3 of this section. Each application for a new or reconfigured residential dock shall comply with these requirements.
Chart 20.25E.065.H.4 New and Reconfigured Residential Dock Standards
Residential Dock Location | |||||
Lake Washington (1) | Lake Sammamish (1) | Phantom Lake (1) | Shoreline Residential Canal Environment (1) | Alternative Standard or Limitation – When Allowed | |
Number of Docks Allowed | 1 per residential lot | N/A | |||
Dock Side Setback Requirements (2) | 10' | 10' | 10' | 10' | N/A |
Maximum Dock Length | 150' | 150' | 100' | Platform may not extend greater than 10' from canal bulkhead | |
Maximum Dock Size – sq. ft. (5) | 480 sq. ft. | 480 sq. ft. | 250 sq. ft. | 100 sq. ft. | State and Federal approval (4) |
Dock Walkway Requirements: | |||||
Maximum Walkway Width | 4' for near shore walkway (located within 30' of the OHWM); otherwise, 6' for walkways (6) | 4' for near shore walkway (located within 30' of the OHWM); otherwise, 6' for walkways (6) | 5' | Walkway prohibited N/A | State and Federal approval (4) |
Ell Location Restriction Related to Water Depth | 30' waterward of OHWM or at least 9' of water depth measured from the ordinary high water mark | 30' waterward of OHWM or at least 9' of water depth measured from the ordinary high water mark | State and Federal approval (4) | Ell prohibited N/A | State and Federal approval (4) |
Mooring Pile | 2 maximum per residential lot | State and Federal approval (4) | |||
Decking | Grated | State and Federal approval (4) | |||
Notes: New and Reconfigured Residential Dock Standards:
(2)No private dock or other structure waterward of the ordinary high water mark, including boatlifts, watercraft lifts, and other structures attached thereto, shall be closer than 10 feet to any adjacent property line projection, except where a mutual agreement of adjoining property owners is recorded with the King County Records and Election Division and the Bellevue City Clerk and submitted as part of the permit application for the use or activity.
(3)These standards or limitations may be modified through approval of a variance to the Shoreline Master Program (LUC 20.25E.190).
(4)These standards or limitations may be modified through approval of larger dimensions or alternative materials authorized by the U.S. Army Corps of Engineers (pursuant to the approval authority provided under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act) or by Washington Department of Fish and Wildlife (pursuant to the approval authority under Hydraulic Project Approvals) through their respective permitting processes.
(5)Existing dock size (total square footage) may be maintained for reconfigured docks as long as other requirements of this chapter are satisfied.
(6)The four-foot width for near shore walkway may be increased to five feet if one of the following criteria is met:
(a)Water depth is 4.85 feet or more, as measured from the ordinary high water level.
(b)A resident of the property has a documented permanent State disability as defined in WAC 308-96B-010(5).
(c)For replacement piers or docks only, there is a net reduction in near shore overwater walkway coverage and native vegetation is planted and established within 10 feet of the shoreline at a ratio of 3:1 for the near shore overwater walkway coverage wider than 4 feet (maximum of 90 square feet). The required vegetation shall be in addition to any shoreline vegetation mitigation credited in subsection F of this section.
(d)A site-specific report is prepared by a qualified professional demonstrating no net loss of ecological function.
b. New and Reconfigured Residential Docks – Limitations.
i. Number of Docks Per Lot. Construction of one residential dock per upland residential waterfront lot or one joint-use dock for two or more adjacent waterfront lots is allowed in accordance with Chart 20.25E.065.H.4. Expansion of any legally established existing residential dock is permitted; provided the expansion complies with the development standards contained in subsections H.3 and H.4 of this section.
ii. Lot Dimensional Requirements. Residential docks are allowed only on:
(1) Lots created on or after May 21, 2018, and having water frontage meeting or exceeding the minimum lot width required in the underlying land use district (for further information regarding the Citywide standard refer to LUC 20.20.010); or
(2) Lots created before May 21, 2018; or
(3) Nonbuilding tracts platted for the purpose of providing common residential moorage for a group of contiguous properties; provided the minimum width of the nonbuilding tract is equal to or greater than 24 feet.
iii. Combining Frontage – Shared Docks. For the purposes of meeting the requirements of subsection H.4.b.ii of this section, adjoining property owners may combine their water frontage by mutual agreement recorded with the King County Records and Elections Division, or its successor agency, and the Bellevue City Clerk. Only one shared residential dock is permitted pursuant to a combined frontage agreement, which may connect with the property landward of the ordinary high water mark at only one location.
iv. Boathouses. New boathouses are prohibited. Existing boathouses waterward of OHWM are subject to the rules for nonconforming overwater accessory structures set forth in subsection I of this section.
v. Open-Sided Boat Moorage Covers. One open-sided structural boat cover is allowed per residential dock. Open-sided boat covers shall be considered as part of the dock, and the total cumulative square footage of the open-sided boat cover and the dock shall not exceed the allowed maximum dock size in Chart 20.25E.065.H.4.
vi. Siting and Design. New and reconfigured docks should be located and designed to avoid the need for new and maintenance dredging.
5. Repair and Replacement of Existing Residential Docks. Existing legally established residential docks may be repaired or replaced in the existing configuration and footprint; provided, that the following requirements are met:
a. Materials used for dock repairs shall meet the requirements established in subsection H.3.a of this section;
b. Any decking that is replaced shall be grated to allow for light transmission;
c. Any piles that are replaced shall be the minimum diameter and at the maximum spacing feasible to support the dock configuration; and
d. Projects that replace 75 percent or more of the support piles in the near shore area within a 5-year period shall meet the requirements applicable to reconfigured residential docks contained in LUC Chart 20.25E.065.H.4 of this section.
6. Boat and Watercraft Lifts. To reduce disturbance of the lake substrate, attached boatlifts and watercraft lifts are preferred over freestanding lifts. Lifts are limited in the number allowed and location:
a. Number. The number of combined boat and watercraft lifts is limited to four per dock.
b. Location. The landward stanchion of any boat or watercraft lift shall be located more than 30 feet waterward of OHWM or within 30 feet waterward of OHWM if located in at least 9 feet of water depth when measured from the OHWM unless otherwise approved by State or Federal Agencies pursuant to LUC Chart 20.25E.065.H.4 Note 4.
c. Number of Lift Canopies Allowed. One fabric watercraft or boat lift canopy is allowed per single-use dock. Two fabric watercraft or boat lift canopies are allowed per joint-use dock. Canopy fabric shall be light-transmitting, unless alternative materials are approved by State or Federal Agencies pursuant to LUC Chart 20.25E.065.H.4, Note 4.
I. Nonconforming Residential Development.
1. Purpose. Existing residential development landward of the ordinary high water mark of the Shoreline Overlay District that was legally established prior to the effective date of the ordinance codified in this part is considered to be conforming to this part. The purpose of this section is to allow for continued enjoyment, maintenance and repair of existing boathouses located waterward of the ordinary high water mark when ancillary to residential development that was lawful when constructed, and to allow for replacement of boathouses when destroyed through no fault of the owner.
2. Applicability.
a. This section applies to legally constructed boathouses located waterward of the ordinary high water mark that existed as of May 21, 2018.
b. The nonconforming provisions of WAC 173-27-080 do not apply.
c. The nonconforming provisions of LUC 20.25E.040 do not apply to residential development located within the Shoreline Overlay District. The nonconforming provisions of LUC 20.20.560 apply only to General Development Requirements of Chapter 20.20 LUC that are applicable Citywide and are not part of the SMP.
d. Modifications to residential development located within a critical area or critical area buffer identified pursuant to LUC 20.25H.030 shall comply with the applicable requirements of Part 20.25H LUC, Critical Areas Overlay District (as set forth in Ordinance No. 6417, passed on May 21, 2018, which is incorporated by reference into the SMP).
3. Regulations and Thresholds Applicable to Nonconforming Boathouses.
a. Ownership. The status of a nonconforming residential development is not affected by changes in ownership.
b. Continued Enjoyment. Nonconforming residential development may remain unless specifically limited by the terms of this section.
c. Routine Maintenance and Repair. Routine maintenance and repair associated with a nonconforming boathouse are allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation from a legally established condition. “Repair” includes in-kind restoration and modernization improvements to a state comparable to its original condition within a reasonable period after decay has occurred. Improvements to a nonconforming boathouse that cost more than 50 percent of the replacement value of an individual structure undergoing improvement are not defined as maintenance and repair, and shall be considered a new boathouse, which is not permitted waterward of OHWM.
i. Three-Year Period. Improvements made within a three-year period will be viewed as a single action for the purposes of determining whether regulations applicable to new residential development shall apply.
ii. Value of Improvements. The value of improvements is determined by the Director based on the entire project and not individual permits.
d. Exemptions from the Calculation of Replacement Value. The following improvements do not count toward the calculation of replacement value thresholds identified in subsection I.3.c of this section:
i. Alterations related to installation of improved fire prevention measures;
ii. Alterations related to removal of architectural barriers pursuant to the Americans with Disabilities Act, or the Washington State Building Code (Chapter 19.27 RCW), now or as hereafter amended;
iii. Alterations related to 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 meet LEED, Energy Star or other industry-recognized standard that result in improved mechanical system, water savings, or operational efficiency; and
vi. Alterations that meet the definition of routine maintenance, including, but not limited to, painting, caulking, washing and rewiring.
e. Accidental Destruction. When a legally established boathouse is damaged or destroyed by fire, explosion, natural disaster, or other unforeseen circumstances, the boathouse may be repaired or reconstructed subject only to the following limitations:
i. The legally established boathouse shall be repaired or reconstructed within the footprint existing when the destruction occurred, unless the area of the structure footprint is moved to a less sensitive portion of the site, and the movement reduces nonconformities to the SMP;
ii. Complete permit applications for all required permits are submitted within two years from the date of destruction and construction is diligently pursued;
iii. Under no circumstances may the reconstruction expand, enlarge, or otherwise increase a nonconformity; and
iv. Areas of temporary construction disturbance resulting from reconstruction shall be restored pursuant to a mitigation plan (refer to LUC 20.25E.060.D.1 and 20.25E.060.D.5).
f. Permits. If not otherwise exempt pursuant to the terms of LUC 20.25E.170, a Shoreline Substantial Development Permit shall be obtained prior to undertaking any maintenance and repair, alteration, or reconstruction authorized by this section.
4. Existing Residential Development within the Shoreline Structure Setback – Residential and Accessory Structures. A legally constructed residential or accessory structure that encroaches into the shoreline structure setback is granted a footprint exception pursuant to the requirements of subsection E.1.c of this section and is not considered to be nonconforming and may be maintained, repaired or replaced in accordance with subsections A through F of this section.
5. Existing Moorage and Shoreline Stabilization.
a. Legally constructed moorage may be repaired and maintained in accordance with subsection H of this section (Residential Moorage).
b. Legally constructed shoreline stabilization may be repaired and replaced in accordance with LUC 20.25E.080.F (Shoreline Stabilization). (Ord. 6416, 5-21-18, § 2)
20.25E.070 Specific use regulations.
A. Purpose. This section contains requirements and standards that apply to specific uses and development in the Shoreline Overlay District. These requirements and standards are in addition to the procedures, permit requirements, and standards set forth in other sections of the Bellevue SMP.
B. Aquaculture.
1. When Allowed. Aquaculture is allowed when dependent on the use of the water area and when consistent with control of pollution and prevention of damage to the environment. An aquaculture use is allowed only when developed as part of a fish recovery program sponsored, developed, and overseen by a government entity or tribe.
2. Performance Standards. When an aquaculture use is permitted, it shall be done with minimum disturbance to shoreline resources and shall comply with the requirements of LUC 20.25H.055 in addition to all of the following performance standards:
a. When development of an aquaculture use is permitted, the structures shall be designed to minimally interfere with water quality and flow, fish circulation, and aquatic plant life. Construction of aquaculture structures shall be done with minimum disturbance to the existing shoreline.
b. Water discharged or released from an aquaculture project shall not adversely affect water quality, and shall be designed to minimize interference with water quantity and flow, fish circulation, and aquatic plant life. Construction of aquaculture structures shall be done with minimum disturbance to the existing shoreline;
c. No structure which might reasonably hinder the passage of anadromous fish shall be permitted;
d. Aquaculture projects shall be developed in a way which does not have a significant adverse effect on the aesthetic quality of the shoreline;
e. Aquaculture projects shall, to the extent feasible, use underwater structures for fish-rearing facilities;
f. Project proponents shall obtain all required state and federal permits necessary to develop and operate the aquaculture use;
g. Aquaculture projects shall not prohibit or restrict other uses of the water, such as swimming and/or boating;
h. Aquaculture projects must be set back appropriate distances necessary from other shoreline uses to avoid potential conflicts;
i. Discontinued aquaculture uses must be removed within a reasonable time, and project areas shall be inspected for impact and restoration actions necessary to appropriately abandon the use; and
j. Aquaculture uses shall submit for review and approval an operations and management plan that includes the following:
i. Action plans to effectively manage operation byproducts with the goal of protecting water quality;
ii. Operations plans for the management and maintenance of structures and facilities in a manner that demonstrates prevention of conflict with adjacent uses;
iii. Contingency plan that addresses unplanned degradation of water quality, introduction of foreign species, and emergency operation shutdown; and
iv. Additional elements as deemed necessary by the Director to ensure that operations and management of the aquaculture use are consistent with the performance criteria of this subsection and to ensure compliance with the Bellevue SMP.
3. No Net Loss Required. An aquaculture use shall not be permitted in areas where it would result in a net loss of ecological functions, and shall be designed and located to prevent the spread of disease to native aquatic life and the establishment of nonnative species.
C. Recreation.
1. Applicability. The following provisions apply to uses and development associated with private marinas, public marinas, yacht clubs, community clubs, private parks, and City parks as defined in LUC 20.25E.280 and Chapter 20.50 LUC (Definitions). For the purpose of this section, these uses are referred to collectively as “recreation facility” or “recreational facilities.” Where there are also critical areas present, this section applies in addition to the performance standards set forth in LUC 20.25H.055 (Critical Areas Overlay District).
2. General Requirements Applicable to all Recreational Facilities.
a. Routine Maintenance and Repair. Routine maintenance and repair associated with existing recreational facilities are allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation of the existing recreational facility. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred. Improvements meeting the definition of a minor expansion are not considered maintenance or repair. Improvements not meeting the definition of routine maintenance and repair or minor expansions shall be processed as new or expanded recreational facilities.
b. Minor Expansions. Minor expansion of existing recreational facilities is allowed. “Minor expansion” includes enlargement of gross square footage, impervious surfaces, permanent disturbance, structural lot coverage, or overwater coverage associated with the recreation facility, individually or in combination, by not more than 20 percent within a 5-year period. Improvements not meeting the definition of routine maintenance and repair or minor expansions shall be processed as new or expanded recreational facilities.
c. Work associated with recreational facilities shall be consistent with all applicable City of Bellevue codes and standards.
d. Dimensional Requirements. Dimensional requirements contained in LUC 20.25E.050.A apply to recreational uses and development, except as modified by subsections C.2.d.i through C.2.d.iv of this section.
i. Modification of Shoreline Setbacks. Applications to modify the shoreline setback between 50 feet and 25 feet landward of the ordinary high water mark may be processed pursuant to LUC 20.25E.160.E (Special Shorelines Report). Applications to modify the shoreline setback between 25 feet landward of the ordinary high water mark and the ordinary high water mark shall only be allowed pursuant to LUC 20.25E.190 (Shoreline Variance).
ii. Shoreline Setbacks – Allowed Development. Only the following recreational uses and development, in addition to equipment necessary for safety, such as a lifeguard chair, are allowed in the shoreline setback:
(1) Accessory structures: See LUC 20.25E.070.C.3.f.
(2) Overwater structures: See LUC 20.25E.070.C.3.g.
(3) Shoreline promenades: See LUC 20.25E.070.C.3.h.
(4) Recreational trails: See LUC 20.25E.070.C.3.i.
(5) Recreational signage: See LUC 20.25E.060.J.
iii. Pervious and Impervious Surfaces – Limitations. Pervious surfaces, and when allowed impervious surfaces, associated with recreational facilities, including trails, shall be the minimum necessary to support the intended function of the recreational use, and in no event shall the total amount of pervious or impervious surfaces exceed 30 percent of the required shoreline setback. Impervious surfaces when allowed in the shoreline setback count towards the total maximum allowed impervious surface limit set forth in LUC 20.25E.050.A (Dimensional Requirements in the Shoreline Jurisdiction).
iv. Recreation Facility – Relationship to Residential Development. Public and community recreation buildings or clubhouses, except structures used for moorage, storage, or other accessory uses, shall have a minimum side setback of 50 feet from adjacent residential development.
e. All utility and service lines located landward of the ordinary high water mark shall be underground, where feasible.
f. Clearing of vegetation shall be the minimum necessary for infrastructure maintenance and public safety.
g. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or restored pursuant to a mitigation and/or restoration plan meeting the requirements of LUC 20.25E.060.D.
3. New or Expanded Recreational Facilities.
a. Permit Required. New or expanded recreational facilities are permitted in the Shoreline Overlay District pursuant to the process identified in LUC 20.25E.030 (Shoreline Use Charts).
b. Decision Criteria Applicable to All New or Expanded Recreational Facilities. The City shall consider the following criteria when deciding whether to approve or approve with conditions an application for a new or expanded recreational facility in the shoreline jurisdiction.
i. Priority of Use. The proposed recreational use or development is water dependent, subordinate to a water-dependent use, bears a substantial relationship to the shoreline (water oriented), or provides the public physical or visual access to the shoreline;
ii. Non-Water-Related Recreation. Non-water-related recreation facilities that support non-water-related, high-intensity activities, such as basketball and tennis courts, baseball and soccer fields, and skate parks, shall be located outside of shoreline jurisdiction when feasible, or when located within shoreline jurisdiction as far from the water as possible;
iii. Scale and Intensity. The scale and intensity of the proposed use is appropriate when considering the size, location, and physical characteristics of the site; and
iv. Separation by Design. The use or activity is adequately screened and separated from adjacent uses and provides sufficient landscaping and is designed and located to minimize adverse effects on existing public and private use of waters of the state.
c. Design Criteria Applicable to All New or Expanded Recreational Facilities. Design and siting of new or expanded recreational facilities shall consider and address, at a minimum, the following:
i. The design should be the minimum necessary to fulfill the intended function of the proposed recreational facility.
ii. The design should consider surrounding vegetation, topography, street patterns, parking configuration and building massing to result in a compatible fit between the proposed recreational facility and existing residential development.
iii. The proposed recreational facility should be designed so that its construction and operation do not degrade natural systems and functions.
iv. Building surfaces facing abutting residential districts should be clad with materials which are similar to or compatible with the surrounding environment and uses, and that minimize reflected lighting.
v. Building facades should incorporate elements such as stepbacks, offsets, angled facets, deep roof overhangs, recesses and other architectural features which serve to break down the scale. The larger the building, the greater the number and variety of such elements that may be necessary to achieve the effect of diminishing scale.
vi. Materials and colors used on the building facades should be compatible with nearby residential buildings and the surrounding natural environment; however, colors and materials used for the purpose of accent may be approved.
vii. Pitched roof forms are preferred to enhance the compatibility with nearby residential areas. However, under certain circumstances, a stepped roof form could be used to achieve a similar effect.
viii. Loading and refuse collection areas should be on the side of a building facing away from an abutting residential district of a lower intensity, but not in a front yard setback or within the shoreline setback.
ix. The design should preserve opportunities for public views from public spaces such as streets, street intersections, parks, and other areas of pedestrian concentration.
d. General Performance Standards Applicable to New and Expanded Recreational Facilities. In addition to the general requirements in subsections C.2 and C.3 of this section, the following performance standards apply to applications for new and expanded recreational facilities:
i. Shoreline Stabilization. Recreational facilities shall be designed to avoid the need for stabilization. When shoreline stabilization is required, stabilization measures shall conform to LUC 20.25E.080.F (Shoreline Stabilization).
ii. Public Access. New or expanded public recreational facilities shall provide public access to the shoreline in accordance with LUC 20.25E.060.I (Public Access).
iii. Screening of Parking. Surface parking lots shall be screened from street-level views and from ground-level views of an abutting residential district by using berms, hedges, walls, or combinations thereof. Surface parking lots should be located away from adjacent residential properties and shall comply with the parking standards contained in LUC 20.25E.060.H (Accessory Parking, Loading Spaces and Maintenance Access). Site features such as fences, walls, refuse enclosures, light fixtures, carports and storage units shall be integrated with the architectural design of the primary structure.
iv. 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.
v. Rooftop mechanical equipment shall be incorporated into the roof form, and shall not appear as a separate penthouse or box. Rooftop mechanical equipment may not exceed the maximum building height established in LUC 20.25E.050.A (Shoreline Dimensional Requirements).
e. New and Expanded Marinas, Yacht Clubs, and Community Clubs – Use-Specific Performance Standards. All new and expanded marinas, yacht clubs, and community clubs shall comply with the general requirements set forth in subsections C.2 and C.3.a through C.3.d of this section and the following use-specific performance standards:
i. Separation Landscaping. New or expanded private marinas located on sites abutting residential land use districts (refer to LUC 20.10.180) shall provide a dense landscaped buffer, at least 20 feet in width, and including at least 50 percent native species along the entire street frontage abutting the residential district. All significant trees within the landscape buffer area shall be retained. Site development should maximize the retention of existing significant vegetation in order to soften the visual impact on adjacent residential uses.
ii. New or expanded marina facilities shall be designed to preclude moorage in locations that would have insufficient water depth to avoid boats resting at any time of year on the substrate of the lake and in areas, and where deep water access can be only obtained with excavation, filling, and dredging.
iii. Boat Repair Facilities. Except for marinas with a valid Boat Yard General NPDES Permit issued by the Washington State Department of Ecology, the following standards apply to vessel maintenance areas:
(1) Maintenance areas shall be sited as far from the water as is practicable, and shall be designed so that all maintenance activities that are potential sources of water or air pollution can be accomplished over dry land, under roof, and in a contained operation; and
(2) All drains from maintenance areas must lead to a sump, holding tank, or pump-out facility from which the wastes can later be extracted for treatment and/or disposal by approved methods. Drainage of maintenance areas directly into surface or groundwater shall not be allowed.
iv. Aboveground and underground fuel storage tank installations shall be located as far from the water’s edge as possible while providing for appropriate separation from adjacent properties and uses, and shall comply with all state and/or local storage tank and fuel system delivery regulations.
v. No fuel storage facility or sanitary pump-out station holding tank shall be located over water.
vi. Fueling stations shall be designed and located to minimize queuing, reduce frequency of spills, and facilitate spill containment. For marina facilities located adjacent to a residential environment, no fueling or commercial launching facilities shall be located within 20 feet of a residential property line.
f. Accessory Structures in the Shoreline Setback – Development-Specific Performance Standards. All applications for new accessory structures in the shoreline setback shall comply with the following limitations and development-specific performance standards in addition to the general requirements set forth in subsections C.2 and C.3.a through C.3.d of this section:
i. Accessory Structures – Limitations. One accessory structure, measuring less than 200 square feet and less than 15 feet high, which supports a water-dependent recreational use is allowed in the shoreline setback. Such an accessory structure may use or support emergency operations, such as housing emergency equipment and supplies associated with a swimming beach or dock. Accessory structures may also be established in support of water-dependent activities including water-dependent educational or cultural activities.
ii. Performance Standards. Applications for accessory structure shall comply with the following performance standards:
(1) The structure shall be located no closer than 10 feet landward from ordinary high water mark; and
(2) The area of shoreline setback impacted by the placement of the structure shall be mitigated by planting native vegetation in an equivalent area elsewhere in the setback on the recreational facility property.
g. Overwater Structures – Development-Specific Performance Standards. All applications for new and expanded overwater structures shall comply with the following limitations and development-specific performance standards in addition to the general requirements set forth in subsections C.2 and C.3.a through C.3.d of this section:
i. Overwater Structures – Limitations. Overwater structures are allowed only for yacht clubs, community clubs, and marinas or for public recreation and public access facilities. Non-water-dependent commercial uses shall not be allowed over water, except where the use is appurtenant to and necessary to support water-dependent uses, such as fueling docks, restrooms, and boating-related retail services.
ii. Performance Standards. Applications for overwater structures, other than moorage, shall comply with the following performance standards:
(1) The structure shall provide an opportunity for substantial numbers of people to enjoy the shorelines of the state;
(2) The structure shall be accessible to members of the public or organization membership and provide opportunities to approach the water’s edge in areas where access is limited because of the presence of sensitive ecological features;
(3) The structure shall be located as far as reasonably possible from a stream, public stormwater outfall, or adjacent aquatic and wildlife habitat areas; and
(4) The structure shall be the minimum size necessary to support the intended recreation function.
h. Shoreline Promenades – Development-Specific Performance Standards. All applications for new and expanded shoreline promenades shall comply with the following purpose and development-specific performance standards in addition to the general requirements set forth in subsections C.2 and C.3.a through C.3.d of this section:
i. Purpose. A shoreline promenade provides a continuous waterfront walkway generally parallel to the shoreline for the purpose of providing public recreation and water enjoyment uses. Promenades provide the public with physical and visual access to the shoreline and allow for separation of more intense activities from the water’s edge. Promenades may also accommodate emergency and service vehicles. A shoreline promenade may only be developed in association with a Council-adopted master plan on public property.
ii. Performance Standards. Applications for shoreline promenades shall comply with the following performance standards:
(1) Location. A shoreline promenade shall be set back a minimum of 20 feet landward of the ordinary high water mark, except where the promenade provides direct access to a moorage facility, soft shoreline stabilization has been installed, or where a shoreline special report, LUC 20.25E.160.E, is used to modify the dimensional limitations listed here.
(2) Shoreline Special Report – Limitation. A shoreline special report, LUC 20.25E.160.E, may only be used to modify the location limitations set forth in subsection C.3.h.ii(1) of this section, when the proposed modification results in a net benefit to shoreline ecological functions.
(3) Public Access. Promenades shall be designed to maximize public access and enjoyment of the water while protecting shoreline ecological functions.
(4) Design. Design of a shoreline promenade shall maximize visual interest through a meandering design, street furniture, public art, and other amenities and should be located in a manner which maximizes public access while not foreclosing the full range of soft stabilization and restoration techniques.
(5) Size. Within the shoreline setback, the width of the paved portion of the promenade may not exceed 20 feet except in nodes where street furniture, public art, or other amenities are planned.
(6) Materials. Promenades shall be designed with pervious surfaces except where their use is not technically feasible due to specific live load requirements necessary to safely accommodate emergency service vehicles or site soils are unsuitable.
(7) Lighting. If required, lighting shall be designed and installed to eliminate light pollution outside the corridor.
i. Recreational Trails – Development-Specific Performance Standards. All applications for new or expanded, nonmotorized recreational trails shall comply with the following performance standards must meet the following standards in addition to the general requirements in subsections C.2 and C.3.a through C.3.d of this section:
i. Construction Type. Recreational trails shall be constructed of a soft-surface material or pervious, hard-surfaced material. Impervious surfaces are allowed when the surface is supported by a low-impact development practice as contained in the City’s Engineering and Design Standards;
ii. Width. Trails shall be the minimum width necessary to accommodate the intended function or objective, but in no case shall the width exceed 10 feet;
iii. Location.
(1) Soft-Surfaced Trails. Soft-surfaced trails may be located within the shoreline setback and may access the water edge to allow the public to view or touch the water’s edge. The number of access points to the water shall be the minimum number necessary to provide the public access to the water while considering the function and planned use of the facility and protecting shoreline ecological functions.
(2) Hard-Surfaced Pervious Trails. Hard-surfaced pervious trails may be located in the setback and may meander no closer than 15 feet from the ordinary high water mark, except that a hard-surfaced pervious path may be located closer than 15 feet to the ordinary high water mark to allow for access to a viewing facility.
(3) Impervious Surface Trails. Impervious surface trails shall be located as far away from the ordinary high water mark as feasible. In no event may an impervious surface trail be located closer than a minimum of 25 feet from the ordinary high water mark.
iv. Trails shall be designed and located to avoid disturbance of significant trees and to limit disturbance of native understory vegetation and avoid disturbance of habitat used for salmonid rearing or spawning or by any species of local importance; and
v. When critical areas are present in the shoreline setback, crossings over and penetrations into wetlands and stream riparian corridors shall be generally perpendicular to the critical area, and shall be accomplished by bridging or other technique designed to minimize critical area disturbance considering the entire trail segment and function.
4. Repair, Maintenance and Minor Expansion of Recreational Facilities.
a. Permit Required. In accordance with subsection C.2 of this section, maintenance, repair, and minor expansion activities are allowed subject to the permit requirements of LUC 20.25E.160 (Shoreline Substantial Development Permits).
b. Performance Standards. Proposals for minor repairs, maintenance, and minor expansion shall comply with the following performance standards in addition to the general requirements contained in subsection C.2 of this section:
i. Maintenance and repair activities shall be the minimum necessary to restore the facility to its original design condition, function, and capacity.
ii. Maintenance, repair, and minor expansion activities shall comply with applicable shoreline modifications design requirements as established by LUC 20.25E.080.
iii. Maintenance, repair, and minor expansion activities on public recreation facilities shall be undertaken in a manner that would not preclude shoreline public access, consistent with the requirements contained in LUC 20.25E.060.I (Public Access).
iv. Materials used for maintenance, repair, and minor expansions may be similar to those used for the original construction except that material requirements for overwater structures or moorage associated with a recreational facility shall comply with LUC 20.25E.080.E.3.c (Construction Materials, nonresidential moorage).
v. Maintenance and repair of accessory structures in the shoreline setback shall comply with repair standards set forth in LUC 20.25E.040 for nonconforming shoreline conditions. Minor expansions of accessory structures located in the shoreline setback are prohibited, except as consistent with the performance criteria of subsections C.3.d and C.3.f of this section.
vi. Where maintenance, repair, and minor expansion activities negatively impact the visual quality of the shoreline or surrounding neighborhood associated with the existing facility, screening and/or replacement landscaping shall be provided to maintain the shoreline aesthetic quality that existed before the activities were undertaken.
D. Transportation.
1. Applicability. This subsection D applies to transportation uses and development identified in the transportation and utility uses chart in LUC 20.25E.030 and located in the Shoreline Overlay District in addition to the provisions of Chapter 14.30 BCC (Right-of-Way Use Code), Chapter 14.35 BCC (Vacation of Public Right-of-Way), and Chapter 14.60 BCC (Transportation Development Code).
2. General Requirements Applicable to All Transportation Uses and Development.
a. Routine Maintenance and Repair. Routine maintenance and repair associated with existing transportation facilities and public rights-of-way are allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation of the existing transportation facility or right-of-way. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred. For the purpose of this section, repair and maintenance of developed rights-of-way includes removing and replacing improvements within the area of permanent disturbance and expansion of paved areas, provided the area of permanent disturbance outside the developed right-of-way is not expanded. Improvements meeting the definition of a minor expansion or a new transportation facility are not considered maintenance or repair.
b. Minor Expansion. Minor expansion of existing transportation facilities is allowed. “Minor expansion” includes enlargement of the permanent disturbance associated with the transportation facility to the edge of the unimproved right-of-way or existing corridor, provided the area of permanent disturbance does not impact critical areas and critical area buffers and shoreline ecological functions are not adversely affected. Improvements not meeting the definition of routine maintenance and repair or of minor expansions shall be processed as new and expanded transportation facilities.
c. Transportation facilities must be located and designed to minimize negative aesthetic impacts upon shoreline areas and to avoid and minimize impacts to existing land uses, public shoreline views, public access, and the natural environment.
d. Transportation and utility facilities shall be required to the greatest extent feasible to make joint use of rights-of-way, and to consolidate crossings of water bodies to minimize adverse impacts to the shoreline.
e. Transportation facilities located in the shoreline jurisdiction shall be designed and maintained to prevent erosion and to permit the natural movement of surface water.
f. Clearing of vegetation within areas of permanent disturbance associated with transportation uses and development shall be the minimum necessary for infrastructure maintenance and public safety. The City shall give preference to mechanical means rather than the use of herbicides for the clearing of vegetation in the shoreline jurisdiction.
g. Areas of temporary disturbance and new permanent disturbance associated with a maintenance, repair, or minor expansion project on an existing transportation facility shall be minimized and mitigated, and/or restored to pre-project conditions pursuant to a mitigation and/or restoration plan meeting the requirements of LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
3. New and Expanded Transportation Uses and Development.
a. Permit Required. New and expanded transportation uses and development are permitted in the shoreline jurisdiction pursuant to the process identified in LUC 20.25E.030 (Shoreline Use Charts) and subject to showing that there is no technically feasible alternative with less impact on shoreline ecological functions, where required. (Refer to LUC 20.25E.060.C.)
b. General Performance Standards Applicable to All Transportation Uses and Development. All new or expanded transportation uses or development shall comply with the following general performance standards in addition to the general requirements contained in subsection D.2 of this section and use- and development-specific performance standards in subsections D.3.c through D.3.i of this section. Where critical areas are involved, the performance standards in this subsection are in addition to those contained in LUC 20.25H.055.C.2.b (Critical Areas Overlay District).
i. Where required pursuant to LUC 20.25E.030, Transportation and Utilities Chart Note (2), an applicant shall demonstrate that no technically feasible alignment or location alternative with less impact exists for the proposed transportation use or development pursuant to the requirements contained in LUC 20.25E.060.D (Mitigation Requirements and Sequencing). Transportation development that provides access to approved shoreline uses is not required to demonstrate that no technically feasible alternative exists.
ii. New or expanded transportation uses and development should be designed to minimize impacts to shoreline ecological functions. To minimize impacts, the design should locate facilities outside of critical areas and their buffers, aquatic areas and the shoreline setback, and habitat used by salmonids or by any species of local importance, except where no technically feasible alternative exists;
iii. Disturbance of shoreline features, including vegetation and soils, shall be minimized;
iv. Transportation uses and development within shoreline jurisdiction shall be designed with the minimum permanent disturbance feasible, and walls and other design techniques shall be employed to minimize the impact on shoreline ecological functions;
v. Transportation uses and development shall be designed to provide frequent safe crossings for pedestrians and bicycles seeking access to public portions of the shoreline;
vi. Low impact development techniques should be used where feasible for transportation uses and development and related drainage system construction;
vii. Transportation uses and development shall be designed to fit the topography so that alterations to the natural site conditions will be minimized; and
viii. Vegetation and trees installed in association with new and expanded transportation uses or development shall be selected and located so that they enhance public views of the water from the use or development to the maximum extent feasible.
c. Highway and Street Rights-of-Way. The following use-specific performance standards apply in addition to the general performance standards contained in subsection D.3.b of this section:
i. New and expanded highway and street rights-of-way shall be designed to include public access amenities, such as benches or viewing areas and public sign systems, if an area is available for the improvement(s) and if there is a view or public access to the water from the area pursuant to the requirements contained in LUC 20.25E.060.I;
ii. New or expanded shoreline street ends shall incorporate public access or other public recreational opportunities consistent with the requirements contained in LUC 20.25E.060.I (Public Access); and
iii. Shoreline street ends shall not be vacated, except in compliance with RCW 35.79.035, now or hereafter amended, and Chapter 14.35 BCC (Vacation of Public Right-of-Way).
d. Railroads. The following use-specific performance standards apply in addition to the general performance standards contained in subsection D.3.b of this section.
i. New railroad tracks shall be permitted in the shoreline jurisdiction only if necessary to serve lots in the shoreline jurisdiction;
ii. Where possible, new railroads in the shoreline jurisdiction shall use existing highway or rail corridors;
iii. Existing railroad tracks may be expanded within existing rail corridor; and
iv. All railroads shall provide means for the public to overcome the physical barrier created by the railroad and gain access to the shoreline.
e. Pedestrian and Bicycle Facilities. Refer to LUC 20.25E.070.C.3.i (Recreational Trails – Development-Specific Performance Standards) for performance standards applicable to standalone pedestrian and bicycle facilities that are not associated with street rights-of-way.
f. Bridges and Culverts Associated with Transportation Uses and Development. The following development-specific performance standards apply in addition to the general performance standards contained in subsection D.3.b of this section.
i. New and expanded bridges shall be designed to be the minimum necessary to support the intended use or development
ii. New and expanded bridges and culverts shall be designed consistent with applicable performance standards contained in LUC 20.25H.055.C (Critical Areas Overlay District – Performance Standards);
iii. New and expanded bridges, excluding bridges associated with pedestrian and bicycle uses, shall include pedestrian amenities, such as benches or viewing areas and public sign systems, if an area is available for the improvement(s) and if there is a view or public access to the water from the area pursuant to the requirements contained in LUC 20.25E.060.I; and
iv. New or expanded bridges for pedestrian and bicycle uses shall comply with the recreational trail standards contained in LUC 20.25E.070.C.3.i.
g. Regional Light Rail Transit Facility or System. As used in this subsection, “regional light rail transit facility or system” refers to a specific type of essential public facility that is defined in the Light Rail Transit Overlay at LUC 20.25M.020.D and E. All new or expanded structures and improvements associated with this use are allowed as provided in the Transportation and Utilities Chart at LUC 20.25E.030 subject to compliance with the provisions of this subsection.
i. General. Pursuant to LUC 20.25M.010.D.1.d, the provisions of this part (Shoreline Overlay District) apply except as modified by this subsection.
ii. No Technically Feasible Alternative – Determined Based on Use Approval Process.
(1) Use Approved through Development Agreement. A Regional Transit Authority is not required to demonstrate that there is no other technically feasible alignment or location alternative with less impact for any RLRT facility; provided, that the alignment location and profile of the RLRT system or facility use has been approved by the City Council pursuant to an adopted resolution or ordinance, or by a development agreement consistent with the terms of LUC 20.25M.030.B.1. The following standards shall constitute the exclusive transportation use regulations applicable to Regional Light Rail Transit facilities and systems that are approved by the City Council pursuant to an adopted resolution or ordinance, or by a development agreement:
(a) General requirements contained at subsections D.2.a and D.2.b of this section governing routine maintenance, repair and minor expansions to regional light rail transit facilities and systems.
(b) New and expanded regional light rail transit facilities and systems shall comply with the terms of LUC 20.25E.060.C.2.a through 20.25E.060.C.2.e.
(c) New and expanded bridges associated with a light rail transit facility or system shall be designed to be the minimum necessary to support the intended use or development.
(d) New and expanded bridges and culverts shall be designed consistent with applicable performance standards contained in LUC 20.25H.055.C.3.e (Critical Areas Overlay District – New or Expanded Bridges and Culverts).
(2) Use Approved through a Shoreline Conditional Use Permit. When an RLRT system or facility use has not been permitted outright in a City Council resolution or ordinance or by a development agreement and requires approval of a Shoreline Conditional Use Permit pursuant to LUC 20.25M.030.B.2, the Regional Transit Authority shall demonstrate that no technically feasible alignment or location alternative with less impact to shoreline functions and values exists as required by the terms of LUC 20.25E.060.C (Technical Feasibility Analysis), and shall comply with all applicable performance standards of this part.
h. Commercial Float Plane Terminals.
i. General.
(1) Helipads. Overwater helipads are prohibited in the shoreline jurisdiction.
(2) Private Float Plane Use. Departures and landings of private float planes are not regulated under the Bellevue SMP. Moorage of private float planes must comply with the provisions contained in LUC 20.25E.080.E (Nonresidential Moorage Facilities, Boat Ramps, and Launches).
ii. Performance Standards. The following use-specific performance standards apply in addition to the general performance standards contained in subsection D.3.b of this section when siting, designing, and operating commercial float plane landing and moorage facilities:
(1) The use shall be compatible with surrounding uses;
(2) Taxiing patterns to be used by float planes shall minimize noise impacts on area residents and wildlife, and minimize interference with navigation and moorage; and
(3) Float plane facilities and services shall comply with all applicable Bellevue codes, Federal Aviation Administration standards and requirements for fuel, oil spills, safety and firefighting equipment, noise, and pedestrian and swimming area separation, and applicable U.S. Army Corps of Engineers requirements.
i. Ferry Terminals.
i. Performance Standards. The following use-specific performance standards apply in addition to the general performance standards contained in subsection D.3.b of this section, when siting, designing, and operating ferry terminals.
(1) Ferry terminals shall be designed and located to minimize impacts to surrounding uses when constructing and operating the use;
(2) Associated structures supporting the ferry terminal, other than moorage for the ferry terminal, are prohibited over water;
(3) Equipment shall be stored within an enclosed structure;
(4) Facilities, equipment, and established procedures for the containment, recovery, and mitigation of spilled petroleum or hazardous materials shall be provided; and
(5) The City will make the determination if any parking and/or a passenger loading area will be required.
4. Maintenance, Repair and Minor Expansions.
a. Permit Required. Maintenance, repair and minor expansion activities are allowed subject to the permit requirements of LUC 20.25E.160 (Shoreline Substantial Development Permits).
b. Performance Standard. The applicant shall comply with the following performance standard in addition to the general requirements contained in subsections D.2 and D.3 of this section:
i. Maintenance, repair, and minor expansion activities shall be undertaken in a manner that would not preclude shoreline public access, consistent with the requirements contained in LUC 20.25E.060.I (Public Access).
ii. The nonconforming shoreline conditions provisions of LUC 20.25E.040 do not apply.
E. Utilities.
1. Applicability. The following provisions apply to utility systems and facilities identified in the transportation and utility use chart in LUC 20.25E.030 in addition to the provisions of LUC 20.20.255 (Electrical utility facilities) and LUC 20.20.650 (Public utilities – Design and performance standards). This section does not apply to ancillary residential utility connections. See LUC 20.25E.065.
2. General Requirements Applicable to All Utility Uses and Developments.
a. Routine Maintenance and Repair. Routine maintenance and repair associated with existing utility facilities and systems are allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation of the existing utility. “Routine repair” includes in-kind restoration to a state comparable to the original condition within a reasonable period after decay has occurred. Improvements meeting the definition of a minor expansion or a new utility are not considered maintenance or repair.
b. Minor Expansions. Minor expansions of existing utility facilities and systems are allowed. “Minor expansion” includes enlargement of the permanent disturbance associated with the utility facility or system by up to 20 percent when necessary to comply with a mandated code update, or to accommodate changes in technology or design, changes in maintenance practice, or minor increases in volume from the area served by the existing utility facility or system. Improvements not meeting the definition of routine maintenance and repair or of minor expansions shall be processed as new or expanded utilities.
c. Work associated with utility facilities and systems shall be consistent with all applicable City of Bellevue codes and standards.
d. Clearing of vegetation within utility corridors shall be the minimum necessary for infrastructure maintenance and public safety.
e. Areas of temporary disturbance and new permanent disturbance associated with a maintenance, repair, or minor expansion projects on an existing utility shall be minimized and mitigated, and/or restored to pre-project conditions pursuant to a mitigation and/or restoration plan meeting the requirements of LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
3. New and Expanded Utilities.
a. Permit Required. New and expanded utility systems and facilities are permitted in the shoreline jurisdiction pursuant to the process identified in 20.25E.030 (Shoreline Use Charts) only when there is no technically feasible alternative with less impact on shoreline ecological functions. (Refer to LUC 20.25E.060.C.)
b. General Performance Standards Applicable to All Utility Uses and Development. Where an applicant demonstrates that no technically feasible alternative with less impact exists pursuant to the requirements contained in LUC 20.25E.060.D (Mitigation Requirements and Sequencing), then the applicant shall comply with the following performance standards. Where critical areas are involved, the performance standards in this paragraph are in addition to those contained in LUC 20.25H.055.C.2.b (Critical Areas Overlay District).
i. New or expanded utility systems and facilities shall be designed and aligned to minimize impacts to natural systems and features and shall minimize topographic modification.
ii. New or expanded utility systems and facilities shall be co-located underground and within existing or planned improved rights-of-way, driveways, and/or utility corridors whenever possible.
iii. New or expanded utility systems and facilities should be designed to minimize impacts to shoreline ecological functions. To minimize impacts, the design should locate systems and facilities outside of critical areas and their buffers, aquatic areas and the shoreline setback, except where no technically feasible alternative exists (refer to LUC 20.25E.060.C);
iv. Stormwater Outfalls and Discharge Points. New or expanded stormwater outfalls and discharge points shall meet the following standards:
(1) Any outfall or discharge point to the shoreline aquatic area shall be located landward of the ordinary high water mark in a manner that limits impact to existing native vegetation while providing appropriate protection against erosion and sedimentation. Where a location below ordinary high water mark is required, outfall should discharge waterward of the littoral zone or further to protect nearshore habitat; and
(2) Any disturbed upland or aquatic areas shall be revegetated and enhanced with native plants and habitat features. (Refer to Shoreline Handbook, now or as amended.)
v. Where the visual quality of the shoreline or surrounding neighborhood will be negatively impacted, new or expanded utility systems and facilities shall incorporate screening and landscaping sufficient to maintain the shoreline aesthetic quality and shall provide screening of facilities from the lake and adjacent properties in a manner that is compatible with the surrounding environment.
vi. New or expanded utilities shall incorporate shoreline public access, consistent with the requirements contained in LUC 20.25E.060.I (Public Access).
vii. When feasible, stormwater conveyance and detention facilities shall be designed to incorporate native trees, shrubs and ground-cover plants and, where applicable, native aquatic vegetation.
viii. Pipelines constructed under aquatic areas shall be composed of suitable materials which minimize potential future failures and failure impacts.
ix. When allowed, utility facilities located above ground shall be:
(1) Housed in a building that incorporates design features that are compatible with the character of the surrounding neighborhood or area, unless housing the facility in a structure would fundamentally interfere with the maintenance and operation of the facility.
(2) Sight-screened, if the facility does not conform with the standards in subsection E.3.b.ix(1) of this section, with evergreen trees, shrubs, and other native landscaping materials planted in sufficient depth to form an effective sight barrier within five years.
4. Maintenance, Repair, and Minor Expansions.
a. Permit Required. Maintenance, repair and minor expansion activities are allowed subject to the permit requirements of LUC 20.25E.160 (Shoreline Substantial Development Permits).
b. Performance Standards. The applicant shall comply with the following performance standards:
i. Maintenance, repair, and minor expansion activities shall be undertaken in a manner that would not preclude shoreline public access, consistent with the requirements contained in LUC 20.25E.060.I (Public Access).
ii. Where maintenance, repair, and minor expansion activities negatively impact the visual quality of the shoreline or surrounding neighborhood associated with the existing facility, screening and/or replacement landscaping shall be provided to maintain the shoreline aesthetic quality that existed before the activities were undertaken.
iii. The nonconforming shoreline conditions provisions of LUC 20.25E.040 do not apply. (Ord. 6416, 5-21-18, § 2)
20.25E.080 Shoreline modifications.
A. Applicability. This section contains requirements and standards that apply to all shoreline modifications in the Shoreline Overlay District. These requirements and standards are in addition to the procedures, permit requirements, and standards set forth in other sections of the Bellevue SMP.
B. Breakwaters, Jetties, and Groins.
1. Prohibited Development.
a. Jetties and groins are prohibited within the Shoreline Overlay District and should be removed when the use for which they were constructed is discontinued or the purpose or function for which the jetty or groin was originally installed no longer exists.
b. Solid landfill or rockery breakwaters are prohibited in the Shoreline Overlay District.
2. Breakwaters – Limitations. Breakwaters are allowed only when there is a demonstrated need to protect existing recreation or nonresidential moorage uses from damage caused by natural wave action.
3. Breakwaters – Performance Standards. Breakwaters, when allowed, require a Shoreline Conditional Use Permit (refer to LUC 20.25E.180), and the following performance standards shall be met:
a. The applicant shall demonstrate that no technically feasible alternative exists (refer to LUC 20.25E.060.C).
b. Breakwaters shall be designed by a qualified professional using minimally invasive techniques to protect shoreline ecological functions and shall not preclude fish passage or adversely affect sediment migration.
c. As part of the application submittal, the qualified professional designing the breakwater must certify that the breakwater is the minimum necessary to accomplish its purpose.
d. The applicant shall demonstrate that the design will not result in a net loss of shoreline ecological functions.
e. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or restored pursuant to a mitigation and restoration plan meeting the requirements of LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
C. Clearing, Grading, and Fill in the Shoreline.
1. Clearing, Grading, and Fill – Limitations.
a. All clearing, grading, excavating, and filling in the Shoreline Overlay District shall comply with the provisions of this subsection C, LUC 20.25H.180 (Areas of Special Flood Hazard), Chapters 24.06 (Storm and Surface Water Utility Code) and 23.76 BCC (Clearing and Grading Code), and the City’s engineering and clearing and grading development standards, now or as amended. Bellevue City Code provisions of general applicability are not part of the SMP unless specifically adopted by reference.
b. Minimum Necessary. Clearing, grading, excavation, and filling are permitted only in association with an approved use or development and shall be the minimum necessary to support the approved use or development. Filling to create dry land is prohibited.
c. Filling and excavation, excluding dredging (see subsection D of this section), below the ordinary high water mark are allowed only for the following activities, and when the applicant demonstrates the project will result in no net loss of ecological functions using appropriate technical studies:
i. Placement of beach or aquatic substrate when part of an approved ecological restoration activity;
ii. Replenishing sand on public and private community beaches;
iii. Alteration, maintenance, or repair of existing transportation facilities and utilities located within the Shoreline Overlay District, and no technically feasible alternative is available as set forth in LUC 20.25E.060.C.
iv. Constructing facilities for public water-dependent uses or public access; provided, that the excavation or filling is limited to the minimum required to accommodate the use or facility, and no technically feasible alternative is available as set forth in LUC 20.25E.060.C;
v. Activities incidental to the repair of legally established shoreline stabilization measures;
vi. Approved flood control projects;
vii. Components of an approved stream restoration project, including vegetation restoration; and
viii. Activities that are part of a remedial action plan approved by the Department of Ecology pursuant to Model Toxics Control Act (MTCA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or otherwise authorized by the Washington State Department of Ecology, the United States Army Corps of Engineers, or other agency with jurisdiction.
2. Filling and Excavation – Additional Analysis Required. The applicant shall provide the following project analysis together with any submittal for a shoreline application that proposes filling or excavation activities:
a. The overall value to the public resulting from the excavation or fill as opposed to the value of the shoreline in its existing state and evaluation of alternatives to fill that would achieve some, if not all, objectives of the proposal;
b. The effects on shoreline ecological functions, including, but not limited to, functions of the substrate of lakes and streams, effects on aquatic organisms, including the food web, effects on vegetation functions, effects on local currents, erosion, and deposition patterns, effects on surface and subsurface drainage, and the effects on floodwaters and the floodplain.
c. If the filling or excavation will require shoreline stabilization to protect materials placed or removed and whether such stabilization meets the policies and standards of the Shoreline Master Program;
d. Whether the fill or excavation will alter the normal flow of floodwater, including the obstruction of flood control channels or swales; and
e. Whether public or tribal rights to the use and enjoyment of the shoreline and its resources are impacted.
3. Filling and Excavation – Performance Standards.
a. Fill Material – Suitability. Fill material shall not be detrimental to water quality or existing habitat, or create any other significant adverse impacts to the environment. Fill shall be properly stabilized and maintained during and following construction to prevent erosion.
b. Stockpiling. For development occurring outside the shoreline setback, dirt, rocks, and similar material shall not be stockpiled in the shoreline setback. For development occurring within the shoreline setback, stockpiling is allowed and shall be the minimum necessary to support the development and shall be located in an area having the least impact to shoreline functions. If any stockpiling is required, best management practices shall be implemented to prevent discharge of sediments or pollutants into receiving waters. (Refer to Chapter 23.76 BCC (Clearing and Grading Code) and the City’s clearing and grading development standards, now or as amended).
c. Excess Material. All excess material resulting from clearing, grading, excavation, and filling activities shall be removed from the shoreline site and disposed of in a manner that prevents any of the excess material from entering surface or ground waters in accordance with Chapters 24.06 (Storm and Surface Water Utility Code) and 23.76 BCC (Clearing and Grading Code), and applicable engineering and development standards.
D. Dredging and Dredge Material Disposal.
1. Prohibited Activities.
a. Dredging for the sole purpose of obtaining fill or construction material is prohibited.
b. Dredging materials disposal is prohibited in the aquatic environment.
2. Dredging – Limitations. Dredging is allowed only for the following activities, and when the applicant demonstrates the project will result in no net loss of ecological functions, using appropriate technical studies:
a. To maintain navigability; provided the dredging is limited to the extent of the previously approved dredging and/or existing authorized location, depth, and width;
b. To maintain an existing agricultural activity that supports an existing agricultural use within City parks;
c. To remedy conditions endangering the public health, safety or welfare;
d. To carry out a habitat improvement project; and
e. Dredging performed pursuant to a remedial action plan approved under authority of the Model Toxics Control Act (MTCA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or pursuant to other authorization by the Washington State Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction.
3. Dredging and Disposal – Performance Standards. Proposals for dredging must comply with each of the following performance standards:
a. The proposal, including any necessary mitigation, will result in no net loss of shoreline ecological functions.
b. Dredging shall be limited to the minimum necessary and appropriately balance navigational or other needs with impacts to shoreline ecological functions. The minimum necessary proposal shall be determined based on an analysis of technically feasible alternatives and consider both short-term and long-term impacts associated with the action, including mitigation measures.
c. The dredging shall not cause long-term adverse impacts to water quality, aquatic habitat, or human health in adjacent areas.
d. The lateral spread of resuspended sediment created by a dredging operation shall be contained within previously approved limits.
e. To prevent impairment of water quality any dredge spoil temporarily stored in an upland location must be set back an adequate distance from the water to prevent the discharge of pollutants to the receiving water, and the containment measure shall contain sufficient filtering to prevent discharge of sediments to the receiving water. Temporary disposal sites shall not be allowed except in areas designated by the City of Bellevue.
f. A permanent dry land disposal site, or submerged disposal site outside of the City of Bellevue, has been approved.
g. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or restored pursuant to a mitigation or restoration plan meeting the requirements of LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
E. Nonresidential Moorage Facilities, Boat Ramps, and Launches.
1. Applicability. Nonresidential moorage facilities, boat ramps and launches are allowed in the Shoreline Overlay District when in compliance with this subsection E. This subsection E does not apply to residential development governed pursuant to LUC 20.25E.065.
2. Definitions. The following definitions apply only to this subsection E of this section:
a. Facility Segment. The walkway, moorage platform, finger-pier, or cover portion of a dock.
b. Walkway. The portion of the dock that is connected to the shoreline at the landward end and provides access to the moorage platform.
3. General Requirements Applicable to All Nonresidential Moorage Facilities, Boat Ramps and Launches.
a. New skirting and covered moorage, including boatlift canopies, are prohibited.
b. Minimum Necessary. Maintenance and repair shall be the minimum necessary to restore the facility to its original design, function, and capacity.
c. Construction Materials. Use environmentally neutral materials, not materials treated with known toxic preservatives, approved by the Environmental Protection Agency for use in aquatic environments. Dock materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds. If (ammoniacal copper zinc arsenate) (ACZA) materials are proposed, the applicant will meet all of the best management practices, including a post-treatment procedure, as outlined in the amended Best Management Practices of the Western Wood Preservers. Preservative and surface treatments are limited to products approved for use in aquatic environments and must be applied according to label directions. Construction hardware that comes into contact with water either directly or through precipitation and that discharges either directly or indirectly into surface waters shall not be susceptible to dissolution by corrosion.
d. Modification of Standards. A special shorelines report may be used to modify the standards of this subsection E when the modification results in a net benefit to shoreline ecological functions. Refer to LUC 20.25E.160.E (Special Shoreline Report Process).
4. New and Expanded Nonresidential Moorage Facilities, Boat Ramps and Launches.
a. Permit Required. New and expanded nonresidential moorage, boat ramps, and launches are permitted in the shoreline jurisdiction pursuant to the process identified in LUC 20.25E.030 (Shoreline Use Charts).
b. Moorage facilities shall be located in an area where impacts to shoreline ecological functions can be avoided or mitigated to achieve the standard of no net loss of ecological function. To that ensure no net loss of ecological functions occurs, the Director may require a compensatory mitigation plan pursuant to LUC 20.25E.060.D (Mitigation Requirements and Sequencing), when impacts related to new or expanded moorage facilities are identified and not addressed by the performance standards set forth in subsection E.4.d of this section.
c. New or Expanded Nonresidential Moorage Facilities – Design Criteria. Design and siting of new or expanded nonresidential moorage facilities shall address, at a minimum, the following criteria:
i. Facilities should be designed to avoid dredging to establish new moorage, and the need for maintenance dredging consistent with subsection D of this section.
ii. Facilities should be designed to avoid impacts to shoreline ecological functions through consideration of water depth, water circulation, sediment inputs and accumulation, and wave action.
iii. Facilities should be located to avoid impacts to shoreline ecological functions through avoidance of submerged aquatic vegetation, shoreline-associated wetlands, or habitat associated with species of local importance.
iv. Facilities shall be designed to minimize overwater coverage and be the minimum size necessary to provide the desired moorage function when considering the beam and draft of the type of boat anticipated to be moored. Preference shall be given to designs that provide two berths per finger pier.
v. The ability of the site upland from the ordinary high water mark to accommodate the necessary support facilities.
vi. The use of mooring buoys to accommodate additional moorage.
vii. Transient Moorage. Transient moorage is allowed within a new or expanded nonresidential moorage facility.
viii. Liveaboards. Liveaboards are allowed when distributed through the facility. Areas proposed for occupation by liveaboards should include properly planned and designed utility connections and storage facilities for each liveaboard slip.
ix. Stacked Boat Storage. Facilities should incorporate, to the maximum extent feasible, upland stacked boat storage unless:
(1) No suitable upland locations exist for such facilities;
(2) The applicant demonstrates that water moorage would result in fewer impacts to shoreline ecological functions;
(3) The applicant demonstrates that water moorage would enhance public use of the shoreline; or
(4) The proposal is part of a nonresidential moorage facility development in the recreational boating shoreline environment where the objective is enhanced public access and the location of an upland stacked storage facility would conflict with the objective of public use of the shoreline.
x. Utilities and Services. Utility and service lines serving docks and piers should be located below the pier deck and out of the water.
d. New and Expanded Nonresidential Moorage Facilities – Performance Standards. The following use-specific performance standards apply in addition to the general performance standards in subsection E.3 of this section:
i. Location of Facilities in Meydenbauer Bay. Nonresidential moorage facilities shall not extend waterward beyond the point necessary to provide reasonable draft for the boats to be moored. In no event shall a nonresidential moorage facility extend to a point that impedes public navigation.
ii. Existing covered nonresidential moorage facilities in Meydenbauer Bay shall not expanded beyond their existing outer limits or the boundary described as:
All Azimuths being South; commencing at the E 1/4 Sec. corner of Sec. 31 T 25N, R 5E, W.M., whose “X” coordinate is 1,661,520.58 and whose “Y” coordinate is 225,661.29 of the Washington Coordinate System, North Zone, and running thence on an Az of 78°51'17" a distance of 963.76 feet to a point whose coordinate is “X” 1,660,575.00, “Y” 225,475.00 of said coordinate system; thence on an Az of 37°26'00" for a distance of 60 feet to a point being the true beginning of this description; thence on an Az of 316°19'15" a distance of 495.14 feet; thence on an Az of 2°21'10" a distance of 42.52 feet; thence on an Az of 312°06'17" a distance of 415.00 feet; thence on an Az of 37°24'19" a distance of 118.06 feet to an intersection with the northwesterly extension of the northwesterly line of Reserve “A” at the N. end of Ronda Street between Blocks 29 and 38, Plat of Moorlands, as recorded in Vol. 4 of Plats, Page 103, records of King County, Washington, said point of intersection being the terminus of this line description.
iii. Setbacks for Facilities. Moorage facilities constructed with an external dock perimeter where access to public waters is provided through a central point on the waterward end of the facility shall provide a minimum 10-foot setback from property line projections. Moorage facilities constructed with an open-sided design where access to moorage is taken directly from public waters shall provide a minimum of 50 feet of setback from property line projections.
iv. Dock and Pier Access. Docks and piers shall be accessed from upland support areas through a ramp or gangway and walkway system with the first set of finger piers (ells) located at a depth of 9 feet or greater. Facilities for human-powered vessel launching and moorage may be located in depths of less than 9 feet.
v. The width and length of all structures shall be limited to what is reasonable for the intended use; provided, that:
(1) Walkways shall not exceed eight feet in width;
(2) Ells shall not exceed four feet in width; and
(3) Ramps and gangways shall not exceed six feet in width.
vi. Docks, ramps, piers, and walkways shall be grated or surfaced with light-penetrable materials. To the extent feasible, structures shall be designed to minimize overwater coverage and avoid shading of aquatic vegetation.
vii. Impacts to shoreline ecological functions shall be minimized through avoidance of submerged aquatic vegetation, shoreline associated wetlands, and nesting and spawning areas.
viii. Impacts to adjoining residential uses shall be minimized through use of appropriate screening, and by locating high impact areas away from uses on adjacent properties.
ix. Docks shall be designed with piers and other structures placed to facilitate, rather than to obstruct, water circulation. Basins shall be designed to prevent stagnant water that tends to collect debris or cause shoaling or flushing problems.
x. Moorage facilities shall be designed to protect against wakes caused by vessel traffic without the need for a breakwater.
xi. Lighting and Safety. Design shall include adequate safety features and be designed to facilitate emergency response, including, but not limited to the following:
(1) Design and locate facility security gates and walkways maximizing emergency access to the water and minimizing blockage of the view from the shore. Walkway access locations should be in close proximity to facility loading and short-term parking areas;
(2) Design and locate lighting to illuminate walkways during the evening hours. Walkway lighting should be flush mounted to the dock surface or screened to avoid spillover light emissions;
(3) Locate flotation devices in designated areas at regular intervals throughout the nonresidential moorage facility to ensure the safety of facility users;
(4) Include adequate fire safety apparatus, including dock surface markings and reflectors at intervals and locations specified by the City’s Fire Department; and
(5) Mark the facility with reflectors or other measures to prevent unnecessarily hazardous conditions for water surface users during the day or night.
xii. Interference with Other Uses. Facilities shall not interfere with the public use and enjoyment of the water or create a hazard to navigation.
xiii. Public access shall be provided in accordance with LUC 20.25E.060.I (Public Access).
xiv. Facility Addressing – Waterward. Facilities shall include address signs that are visible from the water. All signage shall conform to the signage requirements contained in LUC 20.25E.060.J (Signage in the Shoreline Overlay District).
xv. Aircraft Moorage. Aircraft moorage is allowed as part of a nonresidential moorage facility and shall be the minimum size necessary to accommodate the use. All identified and related impacts to shoreline ecological functions shall be mitigated through implementation of a mitigation plan pursuant to LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
xvi. Waste Services. At the minimum, facilities shall provide the following waste services:
(1) One marine pump-out facility for use by the general boating public. This facility must be clearly marked for public use; and
(2) Each moorage segment shall include a solid waste collection facility, including, but not limited to, maintenance waste, recycling and garbage.
xvii. Facilities shall develop a maintenance, repair, and operations plan that demonstrates compliance with the requirements of this SMP and other applicable codes in accordance with standards established by the Director.
e. New and Expanded Motorized Boat Ramps and Launches – Decision Criteria. In determining whether to approve an application for a motorized boat launch, the City shall consider the following criteria:
i. Adequacy of public streets to serve the facility based on traffic generated from using the facility;
ii. Impacts on adjacent uses, including noise, light, and glare are minimized; and
iii. Ramp surfaces may be concrete, precast concrete, or other hard permanent substance. Loose materials, such as gravel or cinders, shall not be used.
f. Nonmotorized Boat Ramps and Launches – Design Criteria. Design and siting of nonmotorized boat ramps and launches shall address, at a minimum, the following criteria:
i. The preferred construction material for ramps designed for nonmotorized boats is gravel or other similar natural material; and
ii. Floats or platforms designed to launch nonmotorized boats are allowed.
g. New and Expanded Boat Ramps and Launches – Performance Standards. The following use-specific performance standards apply in addition to the general performance standards in subsection E.3 of this section:
i. The proposed size of the boat ramp or launch shall be the minimum necessary to safely launch the intended craft;
ii. Removal of native upland vegetation shall be minimized to the greatest extent feasible;
iii. Water currents and normal wave action shall be suitable for launch activity;
iv. Adequate onshore parking and maneuvering areas shall be provided based on projected demand. Provisions shall be made to prevent spillover outside designated parking areas. Parking, access, and circulation must be consistent with LUC 20.25E.060.H (Accessory Parking, Loading Space and Maintenance Access);
v. Boat launches shall be located so that they do not significantly impact fish and wildlife habitats and shall not occur in areas with native emergent vegetation;
vi. Boat launches shall be located to provide access to a sufficient water depth to allow use by boats without maintenance dredging;
vii. Ramps shall be designed to allow for ease of access to the water with minimal impact on the shoreline and water surface;
viii. Moorage associated with a boat launch or ramp shall meet the applicable performance standards for new or expanded nonresidential moorage facilities in subsection F.4.d of this section; and
ix. Mitigation is required for impacts related to the launch facility in accordance with LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
5. Repair and Maintenance Performance Standards Applicable to Nonresidential Moorage Facilities, Boat Ramps and Launches.
a. Maintenance and repair as used in this section include actions to repair a failed or degraded component of a facility with the intent of restoring the facility to its original design condition, function, and capacity. Expansion or reconfiguration of facility components does not constitute repairs and will be processed as a new or expanded nonresidential moorage facility, boat ramp, or launch in accordance with the requirements of this section.
b. Existing Nonresidential Moorage Facilities – Repair and Maintenance Performance Standards. Repairs of nonresidential moorage facilities shall comply with the following:
i. Canopy or Facility Decking Repair. Replacement of more than 50 percent of the surface of any overwater segment of a nonresidential moorage facility within a 5-year period requires the segment surface to be replaced with light-penetrable materials, such as grating or translucent surfaces; except that floating docks must use light-penetrable materials to the extent the existing structure facilitates light transmission with the addition of the light-penetrating materials. Otherwise, floating docks may use materials similar to those used for original construction unless in conflict with other requirements of this section.
ii. Piling Repairs. Capping, collaring, or sleeving of more than 50 percent of the piling of any overwater segment of a nonresidential facility within a 5-year period requires the segment surface to be replaced with light-penetrable materials (grating or translucent surface).
iii. Facility Substructure Repair. Repair or replacement of more than 50 percent of the substructure (stringers, joists, or beams) of any overwater segment of a nonresidential moorage facility within a 5-year period requires replacement with light-penetrable materials (grating or translucent surface).
iv. Piling Repair. Replacement of more than 50 percent of the structural support piling of any overwater segment of a nonresidential moorage facility within a 5-year period requires compliance with new nonresidential moorage facility standards (requires redesign and reconfiguration).
v. Moorage Adjustment. Minor moorage facility modifications are permitted as a repair to accommodate a change in vessel size and type when there is no net increase in the overall number of moorage slips. Allowed adjustments include a minor change in dock configuration and the addition or removal of piling as needed to adjust the moorage slip to accommodate a different vessel type or need for an adjusted dock space. No more than 100 square feet of dock surface or 6 pilings may be added in a 3-year period as a moorage adjustment.
vi. Materials Used for Repairs. Repairs may be completed with materials similar to those used for original construction unless in conflict with subsection E.3.c of this section.
vii. Alternative mitigation may be allowed in lieu of use of light-penetrable materials through the special shoreline report process, LUC 20.25E.160.E, when the proposal with the requested alternative mitigation leads to an equivalent or better protection of shoreline ecological functions than would result from the application of the standard requirements for light-penetrating materials.
c. Existing Boat Ramps and Launches – Repair and Maintenance Performance Standards. Repair and maintenance of existing boat ramps and launches shall comply with the following:
i. Repair of existing facilities shall be constructed with materials required for new facilities as described in subsection E.3.c of this section.
iii. Removal of existing vegetation shall be prohibited; and
iv. Dredging is allowed only in accordance with subsection D of this section (Dredging and Dredge Material Disposal).
F. Shoreline Stabilization.
1. Applicability. Shoreline stabilization measures designed to protect existing primary structures, public facilities, or public use structures from shoreline erosion are allowed in the shoreline at or above ordinary high water mark only in compliance with this subsection F. The requirements of this subsection F may be modified through a special shoreline report pursuant to LUC 20.25E.160.E.
2. Definitions.
a. Public Facilities or Public Use Structures. As used in this section, “public facilities” is a general term that encompasses public infrastructure and facilities. “Public use structures” is a general term that refers to structures designed to facilitate public use of the shoreline.
b. Shoreline Stabilization. Nonstructural and structural measures designed to protect existing primary structures, public facilities, or public use structures from the effects of natural shoreline processes, such as wave action, flooding, or erosion. Shoreline stabilization may include vegetation, bioengineered measures combining vegetation with slope modification, angled riprap, revetments, and conventional vertical bulkheads.
c. Soft Shoreline Stabilization. Soft shoreline stabilization combines a range of bioengineered actions, beach enhancement, anchor trees, large rocks, gravel placement, shoreline plantings, and similar measures that use natural materials engineered to provide shoreline stabilization while preserving or mimicking important shoreline ecological functions. Depending on site conditions, a blending of hard and soft methods that includes durable components in combination with softer methods and vegetative plantings may be necessary to provide the needed level of stabilization while providing an enhanced shoreline habitat.
d. Hard Shoreline Stabilization. Hard shoreline stabilization employs rigid structures that armor the shoreline from the effects of water-caused erosion. Such structures typically include riprap revetments, gabions, concrete retaining walls, and similar measures that function to prevent wave-caused erosion by a variety of methods ranging from rock revetments sloped at 3:1 or less to near-vertical rockeries and vertical rigid structures constructed of artificial materials like concrete.
e. Avoidance Measures. Techniques used to minimize or prevent shoreline erosion that do not involve modification of the shoreline at the interface of land and water. Avoidance measures are applied through a site design approach, and include vegetation enhancement, upland drainage control, and protective walls or embankments placed outside of the shoreline setback or area of special flood hazard.
3. Technically Feasible. The provisions of LUC 20.25E.060.C (Technical Feasibility Analysis) do not apply when determining if a new shoreline stabilization method is technically feasible; instead the provisions of this subsection F.3 apply.
a. The determination of whether a particular avoidance or stabilization measure is “technically feasible” shall be made by the Director as part of the decision on the underlying permit after consideration of a report prepared by a qualified professional addressing the following factors:
i. Site conditions, including slope, beach configuration, nearshore depth, potential for flooding, and proximity of primary structure to ordinary high water mark;
ii. Consideration of wind direction, velocity and frequency, fetch, and probable wave height and frequency;
iii. The level of risk to the primary structure, public facility or public use structure presented by the rate of erosion over a three-year period and the ability of the proposed measure to mitigate that risk;
iv. Whether the cost of avoiding disturbance of shoreline processes and functions is disproportionate as compared to the environmental impact of the proposed disturbance, including any continued impacts on functions and values over time; and
v. The ability of both permanent and temporary disturbance to be mitigated.
b. Shoreline stabilization measures found to be technically feasible shall comply with the standards set forth in subsection F.4 of this section.
4. New or Enlarged Shoreline Stabilization Measures.
a. When Allowed. New or enlarged shoreline stabilization measures shall be permitted only to protect existing primary structures, public facilities, or public use structures. Shoreline stabilization measures shall be allowed only where avoidance measures are not technically feasible.
b. Type of Shoreline Stabilization Measure Used. Where a new or enlarged shoreline stabilization measure is allowed, soft shoreline stabilization measures shall be used, unless the applicant demonstrates, in accordance with subsection F.3 of this section, that soft shoreline stabilization measures are not technically feasible. Only after the Director determines that soft shoreline stabilization measures are not technically feasible will hard shoreline stabilization measures be permitted; provided, that developed sites with less than 10 feet between the primary structure and the ordinary high water mark are assumed to require some form of hard stabilization and applicants are not required to demonstrate technical feasibility. This provision does not apply to legally established stabilization measures in the shoreline residential canal environment.
c. Options for Soft Stabilization. Options for soft stabilization should be based on the practicality and viability of the measure when considering nearshore and yard slope, average wave energy and direction, and the frequency of large erosion-causing events, and shall employ the following hierarchy of preference:
i. Soft stabilization constructed of natural materials utilizing bioengineering techniques including slope contouring, beach nourishment, protective coconut fiber berms, fascines, live staking, and other vegetative stabilization to hold soil and gravel in place.
ii. Soft stabilization as described in subsection F.4.c.i of this section integrated with large boulders, large logs and other coarse woody debris, and partial use of rigid structures where required to protect existing rigid structures on abutting properties.
iii. Soft stabilization as described in subsection F.4.c.ii of this section and incorporating limited use of rigid structures constructed of rock or artificial materials and located as an additional safety measure as far as technically feasible from ordinary high water mark while still ensuring the long-term safety and stability of the primary structure.
d. Options for Hard Stabilization. New or enlarged hard stabilization measures require a demonstration that avoidance or soft stabilization measures are not technically feasible as described in subsection F.3 of this section. Hard stabilization shall employ the following hierarchy of preference:
i. Hard stabilization constructed of quarry rock, riprap or similar materials at a slope gradient not to exceed 3:1 and utilizing bioengineering techniques including slope contouring, beach nourishment, live staking, and other vegetative enhancement.
ii. Hard stabilization as described in subsection F.4.d.i of this section, but where slope gradient and distance to the primary structure is such that a 3:1 slope cannot reasonably be achieved and where vegetative enhancement is confined to live staking and vegetative enhancement below ordinary high water or at the top of the wall. Such hard stabilization shall not exceed a slope gradient of 2:1.
iii. Hard stabilization utilizing rigid, near-vertical structures at a slope gradient not to exceed 1.5:1 constructed of quarry rock or artificial materials and utilized on developed sites where the distance between the primary structure and ordinary high water mark is 10 feet or less. Near-vertical stabilization shall be the minimum height necessary, and shall not exceed 48 inches in height as measured from the bottom of the footing.
e. Location. When allowed, new shoreline stabilization measures shall be located at or behind the ordinary high water mark. Where a documented area of special flood hazard exists, stabilization measures shall be located at the upland edge of the area of special flood hazard, except that soft stabilization measures conforming to subsection F.4.c of this section may be located in the area of special flood hazard. Where allowed, hard stabilization measures conforming to subsection F.4.d.iii of this section may be located in the area of special flood hazard; provided, that their impact on the flood storage capacity of the floodplain is minimal. Stabilization measures are prohibited waterward of the ordinary high water mark, except that soft shoreline stabilization measures may be located waterward of the ordinary high water mark when they incorporate approved aquatic habitat improvement elements. In no event may a shoreline stabilization measure modify the lake bottom waterward of the ordinary high water mark, except for the purpose of gravel or beach augmentation, placement of anchored large woody debris, or other specified habitat enhancements.
f. Mitigation and Restoration. Areas of new permanent disturbance and all areas of temporary disturbance associated with new shoreline stabilization measures shall be mitigated and/or restored pursuant to a mitigation and restoration plan meeting the requirements of LUC 20.25E.060.D (Mitigation Requirements and Sequencing).
g. Retention of Setback with New Soft Stabilization. Where an applicant replaces a legally established existing hard shoreline stabilization measure with a soft shoreline stabilization measure or an avoidance measure, any applicable structure setback shall continue to be measured from the ordinary high water mark that existed with the hard shoreline stabilization measure. Such ordinary high water mark shall be located by a survey prior to removal of the hard shoreline stabilization measure. The applicant shall record a survey or other instrument clearly delineating the ordinary high water mark location as it existed prior to the removal of the hard shoreline stabilization measure with the King County Division of Records and Elections, or its successor agency.
h. Expansion of Shoreline Jurisdiction from Shift in the Ordinary High Water Mark. If implementing a shoreline stabilization measure allowed by the Bellevue SMP and intended to improve ecological functions results in shifting the ordinary high water mark landward of the preimplementation location, and results in an expansion of the shoreline jurisdiction onto any property other than the subject property, then:
i. The City shall notify the affected property owner in writing; and
ii. The City may propose to grant relief from the applicable shoreline regulations resulting in expansion of the shoreline jurisdiction. The proposal to grant relief must be submitted to the Department of Ecology with the required shoreline permit under the procedures established at LUC 20.25E.160 and 20.25E.180. If approved, notice of the relief granted, in a form approved by the City Attorney, shall be recorded on title with the King County Division of Records and Elections, or its successor agency.
5. Repair of Existing Shoreline Stabilization. Existing legally established shoreline stabilization measures may be repaired. Repair is defined as any actions to less than 75 percent of the existing structure over a 5-year period that are designed to restore a stabilization measure to its original condition and configuration. Cumulative repairs within a five-year period exceeding this threshold shall be considered a complete replacement subject to the standards set forth in subsection F.6 of this section.
6. Replacement of Existing Shoreline Stabilization.
a. Where an existing residential structure is located within 10 feet of the OHWM, legally established shoreline stabilization measures are presumed necessary to protect existing residential structures and property, and may be replaced with a comparable structure.
b. Except in situations where an existing residential structure is located within 10 feet of the OHWM, in accordance with RCW 90.58.100(6) and WAC 173-26-231(3)(a)(iii)(C), all legally established existing shoreline stabilizations may be replaced with similar structure(s) if there is a demonstrated need to protect principal use(s), structure(s), or property from erosion caused by currents or waves. A qualified professional shall prepare a written report demonstrating the need to protect principal use(s), structure(s), or property with similar structure(s) from erosion caused by currents or waves. The report shall consider the following factors:
i. An assessment of the necessity for stabilization, considering site-specific conditions such as water depth, orientation of the shoreline, wave fetch, and location of the nearest structure.
ii. An assessment of erosion potential resulting from the action of waves or other natural processes operating at or waterward of the OHWM in the absence of the shoreline stabilization.
iii. An assessment of the feasibility of using nonstructural or soft structural stabilization measures in lieu of hard structural shoreline stabilization measures. Soft stabilization may include the use of gravel, cobbles, boulders, and logs, as well as vegetation.
c. Shoreline structures may be replaced with similar structures when the proposal meets the requirements of subsections F.6.d.i through F.6.d.iv of this section. Proposals not meeting the requirements of this section shall be considered new structures and must meet the requirements of subsection F.4 of this section.
d. Comparable Design.
i. Existing vertical shoreline stabilization measures may not be replaced with a similar structure unless the Director concludes that there is no practical alternative based on a report by a qualified professional. Except that existing legally established hard stabilization measures located in the shoreline residential canal environment may be repaired or replaced in their vertical concrete configuration, and the applicant shall not be required to demonstrate that there is no practical alternative.
ii. An angled riprap rock revetment with 1:1 slope or less is an appropriate replacement structure for existing vertical or near-vertical walls or bulkheads when designed by a qualified professional. Appropriate sand, gravel, or other beach material may be placed as necessary to backfill that portion of the revetment constructed below ordinary high water.
iii. Stairs or other reasonable access to the water are allowed as part of any replacement structure described above; provided, that they shall not extend further waterward than the replacement structure.
iv. Nothing in this requirement prevents vertical concrete shoreline stabilization measures from being replaced with a soft or hard shoreline stabilization measures as described at subsections F.4.c and F.4.d of this section.
e. Limitation on Comparability. Replacement structures meeting the requirements of this subsection are permitted so long as the materials, size, location and design of the stabilization measure assure no net loss of shoreline ecological functions.
7. Removal of Existing Shoreline Stabilization. Shoreline stabilization measures may be voluntarily removed in support of shoreline mitigation or restoration when the proposal meets the following applicable requirements:
a. The area impacted by removal is restored or replanted pursuant to an approved mitigation plan (refer to LUC 20.25E.060.D), designed, located, sized and constructed to ensure no net loss of ecological function;
b. The impact on adjacent properties is minimized and existing stabilization structures are protected;
c. The applicant records an agreement recognizing that the installation of future hard stabilization is prohibited; and
d. Short-term construction impacts are minimized through the use of appropriate best management practices to minimize impacts to water quality, appropriate timing restrictions, and stabilization of exposed soils following construction. (Ord. 6416, 5-21-18, § 2)
20.25E.100 Review and appeal procedures.
A. Purpose and Scope. The purpose of this article is to establish standard procedures for all shoreline decisions made by the City of Bellevue. The procedures are designed to promote timely and informed public participation, eliminate redundancy in the application, permit review, and appeal processes, minimize delay and expense, and result in shoreline approvals that further City and state goals for the shoreline, as set forth in the Shoreline Management Act and the Bellevue Comprehensive Plan. As required by RCW 36.708.060, these procedures provide for an integrated and consolidated permit process. The procedures integrate the environmental review process with the procedures for review of shoreline decisions. The procedures also provide for merger of the appeal process for environmental threshold determinations and shoreline decisions. Chapter 20.35 LUC does not apply to the processing of shoreline permits and approvals, unless specifically referenced in LUC 20.25E.140, 20.25E.150 through 20.25E.200, and 20.25E.270.
B. Framework for Decisions.
1. Shoreline Project Decisions on Permits, Approvals, and Exemptions. Shoreline decisions are divided into three processes based on who makes the decision, the amount of discretion exercised by the decision maker, the level of potential impact associated with the decision, the amount and type of public input sought, and the type of appeal available. Shoreline project decisions do not include legislative nonproject actions taken by the City Council and described in subsection B.2 of this section.
a. Shoreline Process I decisions are quasi-judicial decisions made by the Hearing Examiner. A petition for review (appeal opportunity) is provided to the State Shorelines Hearings Board. Shoreline Conditional Use Permits are a Shoreline Process I decision.
b. Shoreline Process II decisions are administrative decisions made by the Director for which no City appeal opportunity is available. A petition for review (appeal opportunity) is provided to the State Shorelines Hearings Board. Shoreline Substantial Development Permits, shoreline variance approvals, permit revisions, and threshold determinations associated with a Shoreline Process II decision and made by the Environmental Coordinator under the State Environmental Policy Act (SEPA) are all Shoreline Process II decisions.
c. Shoreline Process III decisions are ministerial shoreline decisions made by the Director for which no administrative appeal opportunity is available to the Hearing Examiner or the Shorelines Hearings Board. Letters of Exemption are Shoreline Process III decisions.
2. Legislative Nonproject Actions. Legislative actions are taken by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. Amendments to the SMP are Land Use Process IV decisions governed by the procedures contained in LUC 20.35.400 through 20.35.440, Chapter 98.58 RCW, and Chapter 173-26 WAC. Process IV land use decisions that amend the SMP require approval by the Department of Ecology pursuant to the procedures contained in RCW 90.58.090.
C. General Procedures Applicable to All Shoreline Project Decisions.
1. Pre-Application Conferences. A pre-application conference is required before submitting any application for a Shoreline Conditional Use Permit (Shoreline Process I decision), unless waived by the Director. Shoreline Process II and Shoreline Process III decisions are exempt from the pre-application conference requirement.
2. Applications – Who May Apply. The property owner or authorized agent of the owner may apply for shoreline project permits, approvals, and exemptions.
3. Submittal Requirements. The Director shall specify submittal requirements, including type, detail, and number of copies, for an application to be complete. The Director may waive specific submittal requirements determined to be unnecessary for review of a specific project application. The Director may require additional material such as maps or studies when the Director determines such material is needed to adequately assess the proposed project, but these additional materials will not be necessary for the determination of completeness.
4. Notice of Complete Application.
a. Within 28 days after receiving a shoreline permit or approval application, the Director shall mail, fax, or otherwise provide to the applicant a written determination that the application is complete, or that the application is incomplete and what is necessary to make the application complete.
b. If the Director does not provide a written determination within the 28 days, the application shall be deemed complete as of the date of submittal.
c. If additional information is needed to make the application complete, within 14 days after an applicant has submitted the information identified by the Director as being needed, the Director shall notify the applicant whether the application is complete or what additional information is necessary.
d. An application is complete for purposes of this section when it meets the submittal requirements established by the Director and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time of the notice of completeness or subsequently, if new information is required to complete review of the application or substantial changes to the permit application are proposed.
5. Shoreline Project Review Timelines. The Director shall establish a mechanism to ensure reasonable and predictable timelines for review of shoreline applications and shall provide target dates for decisions on such applications.
6. Integration and Consolidation of Shoreline Permit Review.
a. Shoreline Process I and II Decisions. When a single shoreline project includes a combination of Shoreline Process I and Shoreline Process II Permits, consolidated review of the project shall include the Process I and II components. A consolidated report setting forth the Shoreline Process I recommendation of the Director, and the Shoreline Process II decision(s), including SEPA threshold determination associated with a Shoreline Process I decision, shall be issued.
b. Shoreline Process I Decisions with Process I, II or III Land Use Decisions. When a single shoreline project includes a Shoreline Process I decision governed pursuant to LUC 20.25E.110 combined with Land Use Process I, II, or III Permits governed pursuant to Chapter 20.35 LUC, consolidated review of the project shall include the Shoreline Process I and the applicable land use process components. A consolidated report setting forth any required recommendations of the Director and the decisions, including SEPA threshold determination associated with a Shoreline Process I decision, shall be issued.
c. SEPA Threshold Determination with Shoreline Process II or III Decisions. Any SEPA threshold determination associated with a Shoreline Process II or III Permit that is not consolidated with a Shoreline Process I decision as described in subsections C.6.a and C.6.b of this section shall be merged with the Shoreline Process II or III action, and processed according to the notice, decision, appeal, and other procedures set forth in this section, LUC 20.25E.120 (Shoreline Process II), and LUC 20.25E.130 (Shoreline Process III – Ministerial decisions).
7. Recommendations and Decisions of the City – Written Record Required. Any recommendation or decision of the Director or Hearing Examiner on a shoreline project application shall be provided in writing. The record may be in the form of a staff report, letter, the permit itself, ordinance, or other written document, and shall indicate whether the application has been approved, approved with conditions, or denied. Any recommendation or decision of the City shall be based on the decision criteria for the applicable shoreline project permit, shall include any conditions necessary to ensure consistency with the SMA, the SMP, and City development regulations, and may include any mitigation measures proposed under the provisions of SEPA.
8. Consolidation of Certain Administrative Appeals of Shoreline Permits and Nonshoreline Matters. Certain appealable administrative decisions are not made by the Director, including but not limited to decisions pursuant to the City’s Traffic Standards Code, Chapter 14.10 BCC; the Bellevue Environmental Procedures Code, Chapter 22.02 BCC; the Sign Code, Chapter 22B.10 BCC; Transportation Impact Fee Program, Chapter 22.16 BCC; the School Impact Fees for Issaquah School District No. 411 and Renton School District No. 403, Chapter 22.18 BCC; the Sewer Utility Code, Chapter 24.04 BCC; and the Storm and Surface Water Utility Code, Chapter 24.06 BCC. The City Hearing Examiner hears and decides appeals on these types of nonshoreline decisions and determinations. Information on nonshoreline appeals is available from the department administering the relevant code and from the City Hearing Examiner.
a. Shoreline Process I Permits with Nonshoreline Matters. When a nonshoreline matter is associated with a consolidated shoreline permit review as described in subsections C.6.a and C.6.b of this section, the appeal on the nonshoreline matter will be heard together with any Hearing Examiner public hearing on the Shoreline Process I recommendation of the Director.
b. Shoreline Process II and Ill Permits with Nonshoreline Matters. No City administrative appeal is available on a merged SEPA and shoreline permit review as described in subsection C.6.c of this section. Nonshoreline matter appeals will not be consolidated with Shoreline Process II and III decisions.
9. Tolling of Nonshoreline Matters During Pendency of Shoreline Administrative Appeals. An appeal of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or a shoreline variance is to the State Shorelines Hearings Board as set forth in RCW 98.58.180. The time for filing an appeal to Superior Court of a final land use decision described in LUC 20.35.070 that has been consolidated with a shoreline decision as described in subsections C.6.a and C.6.b of this section will be tolled until all administrative appeals (including petitions for review to the Shorelines Hearings Board) have been resolved.
D. Notice Procedures Applicable to Shoreline Project Decisions.
1. Notice of Application. Notice of application for shoreline decisions shall be provided within 14 days of issuance of a notice of completeness as required by Table 20.25E.100.D.1:
Table 20.25E.100.D.1.
Shoreline Project Applications | Publication (2) | Mail (3) | Sign (4) |
Shoreline Conditional Use Permit | X (5) | X | X |
Shoreline Substantial Development Permit | X | X | |
X | X | ||
Shoreline Letter of Exemption (1) |
Notes: Table 20.25E.100.D.1:
(1)Notice of application is not required for shoreline letters of exemption unless SEPA review is required. If SEPA review is required on a shoreline letter of exemption, notice of application shall be provided pursuant to LUC 20.35.210.
(2) Publication:
(a)Publication information shall include the project description, location, types of City permits or approvals applied for, date of application, minimum public comment period, and location where the complete application file may be reviewed.
(3) Mailing:
(a)Mailed notice shall be provided to owners of real property within 500 feet of the project site that includes the following information:
(i)The date of application;
(ii)Minimum public comment period;
(iii)The project description and location;
(iv)The types of City permit(s) or approval(s) applied for;
(v)The Director may include other information to the extent known at the time of notice of application, such as: the identification of other required City permits, related permits from other agencies or jurisdictions not included in the City permit process, the dates for any public meetings or public hearings, identification of any studies requested for application review, any existing environmental documents that apply to the project, and a statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation;
(vi)Mailings shall also include mailing notice of the application to each person who has requested such notice for the calendar year and paid any fee as established by the Director. This mailing shall also include a representative from each of the neighborhood groups, community clubs, or other citizens’ groups who have requested notice of land use activity. As an alternative to mailing notice to each such person, notice may be provided by electronic mail only, when requested by the recipient.
(b)For purposes of this subsection, reference to “mailing” shall include either U.S. mail or electronic mail. The City shall, however, provide notification by electronic mail only when requested by the recipient.
(4) Sign: If signs are required, the applicant shall post two signs or placards on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the signs or placards.
(5)Notice of application shall be provided at least 15 days before the Hearing Examiner public hearing required for Process I decisions.
2. Minimum Comment Period.
a. Comments should be submitted to the Director as early in the review of an application as possible and should be as specific as possible.
b. The Director may accept and respond to public comments at any time prior to issuance of a recommendation or decision.
c. For projects requiring review under the State Environmental Policy Act (SEPA), a single comment letter may be submitted to the Director or the Environmental Coordinator addressing environmental impacts as well as other issues subject to review under the shoreline project decision criteria.
d. Notice of application for shoreline project decisions shall provide a minimum comment period as required by Table 20.25E.100.D.2.d:
Table 20.25E.100.D.2.d.
Shoreline Project Applications | Minimum Comment Period |
Shoreline Conditional Use Permit | 30 days |
Shoreline Substantial Development Permit | 30 days (1) |
30 days | |
Shoreline Letter of Exemption | (2) |
Notes: Table 20.25E.100.D.2.d:
(1)The minimum comment period shall be 20 days for Shoreline Substantial Development Permit applications for:
(a)A limited utility extension; or
3. Construction Notices. The Director may require construction posting and neighborhood notification for any development on real property. Removal of or failure to post a construction notice required by the Director shall constitute a violation of this section and otherwise is enforceable under Chapter 1.18 BCC. (Ord. 6731, 3-13-23, § 1; Ord. 6416, 5-21-18, § 2)
20.25E.110 Shoreline Process I – Hearing Examiner quasi-judicial decisions.
A. Process Described.
1. Applicable Code Section. This section contains procedures the City will use in processing a Shoreline Process I decision. The specific Shoreline Process I procedures are in addition to the general procedures applicable to all shoreline project decisions contained in LUC 20.25E.100.
2. Type of Decision. Decisions on a Shoreline Process I application are quasi-judicial decisions made by the City Hearing Examiner based on a recommendation from the Director. This process begins with a complete application, followed by notice to the public of the application and a public comment period, during which time a public meeting will be held. The Director then makes a recommendation based upon the decision criteria set forth in the code for the applicable shoreline permit.
3. Incorporation of SEPA Threshold Determination. If required by the State Environmental Policy Act (SEPA), a threshold determination associated with a Shoreline Process I decision shall be issued by the Environmental Coordinator as a Land Use Process II decision pursuant to LUC 20.35.230 with an opportunity for appeal to the Hearing Examiner pursuant to LUC 20.35.250. The threshold determination should be issued in conjunction with issuance of the Director’s recommendation on the application. If an Environmental Impact Statement (EIS) is required, however, the threshold determination will be issued early and the EIS will be completed before issuance of the Director’s recommendation. If the requirement to prepare an EIS or a supplemental EIS is appealed by the applicant, that appeal will be resolved prior to issuance of the Director’s recommendation.
4. Hearing Examiner Public Hearing. Following issuance of the Director’s recommendation, a public hearing will be held before the City Hearing Examiner. If a SEPA Determination of Nonsignificance (DNS) was issued (no EIS required) pursuant to LUC 20.35.230 and an appeal of the DNS filed pursuant to LUC 20.35.250, the appeal hearing on the DNS will be combined with the public hearing on the Director’s recommendation. Following the public hearing, the Hearing Examiner will issue a written report which will set forth a decision to approve, approve with modifications, or deny the Shoreline Process I application. The Examiner’s report will also include a final City decision on any DNS or other nonshoreline appeal consolidated with the Shoreline Process I permit as described in LUC 20.25E.100.C.8.
5. Shoreline Process I Decision – When the City Decision Is Final. When a decision is made to approve, conditionally approve, or deny an application, the applicant shall be notified. Shoreline Process I decisions are final upon issuance of the Hearing Examiner’s written decision on the application.
B. Public Meetings. A public meeting is required for all Shoreline Process I applications. The applicant shall participate in the meeting to inform citizens about the proposal. Public meetings shall be held as early in the review process as possible for Shoreline Process I applications. Notice of the public meeting shall be provided in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. The public meeting notice will be combined with the notice of application whenever possible.
C. Director’s Recommendation on a Process I Application. A written report of the Director making a recommendation to the Hearing Examiner for approval, approval with conditions or with modifications, or for denial shall be prepared.
D. Notice of Recommendation, SEPA Determination, and Hearing Examiner Hearing.
1. Notice Distribution. Public notice of the availability of the Director’s recommendation shall be published and mailed in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. Public notice of the availability of the Director’s recommendation shall also be mailed to the applicant and each person who submitted comments during the comment period or at any time prior to the publication of the notice of recommendation.
2. Notice Content. The following content shall be provided in addition to the content required pursuant to LUC 20.25E.100.D.1:
a. SEPA Threshold Determination. If a Determination of Significance (DS) was issued by the Environmental Coordinator, the notice shall state whether an EIS or Supplemental EIS was prepared or whether existing environmental documents were adopted. If a Determination of Nonsignificance (DNS) was issued, the notice shall state the deadline for appeal of the DNS to the Hearing Examiner pursuant to LUC 20.35.250. The DNS should be issued and published in conjunction with the Director’s recommendation except as provided in the Environmental Procedures Code, BCC 22.02.160.
b. Hearing Examiner Public Hearing. The notice shall also include the date of the Hearing Examiner public hearing for the application, which shall be scheduled no sooner than 15 days following the date of publication of the notice.
E. Hearing Examiner Public Hearing.
1. Participation in Hearing. Any person may participate in the Hearing Examiner public hearing on the Director’s recommendation by submitting written comments to the Director before the hearing or by submitting written comments or making oral comments at the hearing.
2. Transmittal of File. The Director shall transmit to the Hearing Examiner a copy of the Department file on the application, including all written comments received prior to the hearing, and information reviewed by or relied upon by the Director or the Environmental Coordinator. The file shall also include information to verify that the requirements for notice to the public (notice of application, notice of SEPA determination, and notice of Director’s recommendation) have been met.
3. Hearing Record. The Hearing Examiner shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
F. Hearing Examiner Decision on Shoreline Process I Applications.
1. Decision. The Hearing Examiner shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the decision criteria for the applicable shoreline permit. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Hearing Examiner shall deny the application.
2. Limitation on Modification. If the Hearing Examiner requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LUC 20.25E.100.D, the Hearing Examiner shall conduct a new hearing on the proposal as modified.
3. Conditions. The Hearing Examiner may include conditions to ensure that a proposal conforms to the relevant decision criteria.
4. Written Decision of the Hearing Examiner. The Hearing Examiner shall within 10 working days following the close of the record distribute a written report supporting the decision. The report shall contain the following:
a. The decision of the Hearing Examiner on the Shoreline Process I Permit and any nonshoreline appeals consolidated with the permit; and
b. Any conditions included as part of the decision; and
c. Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts.
5. Distribution. The Office of the Hearing Examiner shall mail the written decision, bearing the date it is mailed, to each person who participated in the public hearing.
6. Effect of Hearing Examiner Decision. The decision of the Hearing Examiner on the application is the final decision of the City and shall be filed with the state pursuant to LUC 20.25E.150.D. (Ord. 6731, 3-13-23, § 2; Ord. 6416, 5-21-18, § 2)
20.25E.120 Shoreline Process II.
A. Process Described.
1. Applicable Code Section. This section contains procedures the City will use in processing a Shoreline Process II decision. The specific Shoreline Process II procedures are in addition to the general procedures applicable to all shoreline project decisions contained in LUC 20.25E.100.
2. Type of Decision. Decisions on a Shoreline Process II application are administrative decisions made by the Director. This process begins with a complete application, followed by notice to the public of the application and a public comment period. A public meeting may be held for projects of significant impact or for projects involving major changes to the expected pattern of development in an area. The Director then makes a decision based upon the decision criteria set forth in the code for the applicable shoreline permit. Public notice of the decision is provided, along with an opportunity to petition for review of the decision to the Shorelines Hearings Board.
3. Merger of SEPA Threshold Determination. If required by the State Environmental Policy Act (SEPA), a threshold determination shall be issued. The threshold determination shall be issued in conjunction with issuance of the Director’s decision on the application. If an Environmental Impact Statement (EIS) is required, however, the threshold determination will be issued early and the EIS will be completed before the accompanying shoreline decision is issued. If the applicant appeals the requirement to prepare an EIS or a supplemental EIS, that appeal will be resolved before the Director issues the shoreline decision. No City administrative appeal is available on a merged SEPA and shoreline permit review as described in LUC 20.25E.100.C.6.c.
4. Shoreline Process II Decision – When the City Decision Is Final. The City decision is final when notice to approve, conditionally approve, or deny an application is issued by the Director.
B. Public Meetings. The Director may require the applicant to participate in a public meeting to inform citizens about a proposal. When public meetings are required, the meeting shall be held as early in the review process as possible for shoreline applications. Notice of the public meeting shall be provided in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. The public meeting notice will be combined with the notice of application whenever possible.
C. Special Timing Requirement for Issuance of Certain SSDPs.
1. The Director must issue a written decision within 21 days of the last day of the comment period described in LUC 20.25E.100.D.2.d on applications for Shoreline Substantial Development Permits for:
a. A limited utility extension; or
b. The construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structure from shoreline erosion.
2. For the purposes of this section, a limited utility extension means the extension for a utility service that:
a. Is categorically exempt from threshold determination under Chapter 43.21C RCW for one or more of the following: natural gas, electricity, telephone, water, or sewer;
b. Will serve an existing use in compliance with the City’s Shoreline Master Program and the Shoreline Management Act; and
c. Will not extend more than 2,500 linear feet within the shorelines of the state.
D. Director’s Shoreline Process II Decision.
1. Decision. The Director shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the decision criteria for the applicable shoreline permit. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Director shall deny the application.
2. Limitation on Modification. If the Director requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LUC 20.25E.100.D, the Director shall provide a new notice of application and obtain public comment prior to making a decision.
3. Conditions. The Director may include conditions to ensure that a proposal conforms to the relevant decision criteria.
4. Written Decision of the Director.
a. Content. The Director shall distribute a written report supporting the decision. The report shall contain the following:
i. The decision of the Director;
ii. Any conditions included as part of the decision;
iii. Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts; and
iv. A statement explaining the process to petition for review of the Directors decision to the Shorelines Hearings Board together with any merged SEPA threshold determination on the Shoreline Process II decision.
b. Effect of Decision. The decision of the Director on a Shoreline Process II application is the final decision of the City, and shall be filed with the state pursuant to LUC 20.25E.150.D.
E. Notice of Shoreline Process II Decision.
1. Notice Distribution. Public notice of the availability of the Director’s decision shall be published and mailed in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. Public notice of the availability of the Director’s decision shall also be mailed to each person who submitted comments during the comment period or at any time prior to the publication of the notice of decision.
2. Notice Content. The following content shall be provided in addition to the content required pursuant to LUC 20.25E.100.D.1:
a. SEPA Threshold Determination. If a Determination of Significance (DS) was issued by the Environmental Coordinator, the notice of the Director’s decision shall state whether an EIS or Supplemental EIS was prepared or whether existing environmental documents were adopted. If a Determination of Nonsignificance (DNS) was issued, the DNS should be issued and published in conjunction with the Director’s decision except as provided in the Environmental Procedures Code, BCC 22.02.160.
b. Appeal Opportunity. The notice of decision shall also include information regarding how to appeal the shoreline decision, together with any merged SEPA Threshold Determination, to the Shorelines Hearings Board.
F. Appeal of Director’s Shoreline Process II Decision. The decision of the Director on a Shoreline Process II application is the final decision of the City and may be appealed within 21 days to the Shorelines Hearings Board as set forth in RCW 90.58.180. (Ord. 6731, 3-13-23, § 3; Ord. 6416, 5-21-18, § 2)
20.25E.130 Shoreline Process III – Ministerial decisions.
A. Process Described.
1. Applicable Code Section. This section contains procedures the City will use in processing a Shoreline Process III decision. These specific Shoreline Process III procedures are in addition to the general procedures applicable to all shoreline project decisions contained in LUC 20.25E.100.
2. Type of Decision. Decisions on a Shoreline Process III application are ministerial decisions made by the Director, for which no administrative appeal is available. This process begins with a complete application, and culminates with Director issuance of a letter of exemption.
3. Incorporation of SEPA Threshold Decisions. If required by the State Environmental Policy Act (SEPA), a threshold determination shall be issued. The threshold determination should be issued in conjunction with issuance of the letter of exemption.
4. Shoreline Process III Decisions – When the City Decision Is Final. When a decision is made to issue a letter of exemption, with or without conditions, the applicant shall be notified. This decision shall constitute the final decision of the City.
B. Appeal of Director’s Shoreline Process III Decision. The decision of the Director on a Shoreline Process III application is the final decision of the City and no administrative appeal is available. The decision on a Shoreline Process III application may be appealed together with any merged SEPA Threshold Determination to Superior Court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW. (Ord. 6416, 5-21-18, § 2)
20.25E.140 Legislative nonproject actions.
A. Process. LUC 20.35.400 through 20.35.440contain the procedures the City shall use to make legislative land use decisions (Process IV actions). The process shall include a public hearing, held by either the Planning Commission or City Council, and action by the City Council. Review under the State Environmental Policy Act (SEPA) and the Bellevue Environmental Procedures Code may be required.
B. Appeal of the City Council Decision. A final City action on a legislative nonproject land use proposal to amend the SMP may be appealed together with the SEPA Threshold Determination to the Growth Management Hearings Boards as set forth in RCW 36.70A.280. (Ord. 6731, 3-13-23, § 4; Ord. 6416, 5-21-18, § 2)
20.25E.150 Shoreline Project Permits, approvals and exemptions.
A. Scope. LUC 20.25E.150 through 20.25E.200 establish the criteria the City will use in making a decision on a shoreline permit application.
B. Applicability. This section applies to all applications for shoreline project permits and exemptions.
C. Review Criteria for All Shoreline Applications.
1. All development within the shoreline jurisdiction shall be consistent with the Shoreline Management Act, Chapter 90.58 RCW, and the SMP.
2. No permit shall be issued for any new or expanded building or structure of more than 35 feet above average finished grade level.
D. Filing Permits with Department of Ecology/Attorney General – Content Required.
1. Process I and II Permits. Pursuant to WAC 173-27-130, the Director shall send the following information to the Department of Ecology and the Attorney General’s Office upon the City’s final decision on a Shoreline Process I or Process II Permit:
a. A copy of the complete application, and when the project has been modified in the course of the local review process, plans or text shall be provided that clearly indicates the final approval plans;
b. Findings and conclusions that establish the basis for the decision, including identification of shoreline environment designation, applicable master program policies and regulations, and consistency of the project with the decision criteria for the applicable shoreline permit type;
c. A copy of the environmental checklist and SEPA determination, if applicable;
d. The City’s final decision on the project; and
e. The permit data sheet required by WAC 173-27-190.
2. Process III Permits. Pursuant to WAC 173-27-050, the Director shall send the letter of exemption to the Department of Ecology and the Attorney General’s Office upon the City’s final decision on a Shoreline Process III exemption from the Shoreline Substantial Development Permit when the proposed development is subject to one or more of the following federal permit requirements:
a. A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899; or
b. A Section 404 permit under the Federal Water Pollution Control Act of 1972.
E. Revisions to Issued Shoreline Process I and II Permits and Approvals.
1. Processing. There are two ways to amend a previously approved Shoreline Substantial Development Permit, Conditional Use Permit or variance approval:
a. Process as a new permit or approval consistent with the terms of LUC 20.25E.100 through 20.25E.120 and 20.25E.170 through 20.25E.190; or
b. Process as a shoreline revision consistent with the terms of subsection E.2 of this section. Except as provided in subsection E.2 of this section, an amendment to a previously approved project or decision is treated as a new application.
2. Shoreline Revisions.
a. Scope of Authority. An amendment to a previously approved project or decision may be reviewed as a shoreline revision if determined to be within the scope and intent of the original permit by meeting all of the following criteria:
i. No additional overwater construction is involved except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;
ii. Ground area coverage and height of each structure may be increased a maximum of 10 percent from the provisions of the original permit;
iii. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the SMP except as authorized under a variance granted in the original permit or a part thereof;
iv. Additional or revised landscaping is consistent with conditions (if any) attached to the original permit and with the SMP;
v. The use authorized pursuant to the original permit is not changed; and
vi. No substantial adverse environmental impact will be caused by the project revision.
b. Limitation on Authority.
i. If the sum of the revision and any previously approved revisions violate the provisions of this section, a new permit shall be required.
ii. This revision process shall not be used to extend the expiration deadlines of LUC 20.25E.250.C or to authorize substantial development beyond the time limits of the original permit.
c. Decision Criteria.
i. The Director may approve or approve with modifications a shoreline revision if:
(1) The applicant has carried the burden of proof that the shoreline revision is within the scope and intent of the original permit pursuant to this subsection E.2; and
(2) The applicant has demonstrated that the proposal complies with the SMA, the SMP, and the BCC.
ii. In all other cases, the Director shall deny the application for shoreline revision.
d. Conditioning a Shoreline Revision. The Director may attach conditions to the shoreline revision as necessary to assure consistency of the project with the SMA, the SMP, and the BCC.
3. Transmittal to Department of Ecology/Attorney General.
a. The Director shall send a copy of the final City action on a shoreline revision to the Department of Ecology and the Attorney General’s Office in conformance with WAC 173-27-100(5).
b. If the revision to the original permit involves a conditional use or variance which was conditioned by the Department of Ecology, the revision shall be submitted to the Department of Ecology for the Department’s approval, approval with conditions, or denial. The revision shall indicate that it is being submitted under the requirements of WAC 173-27-100(6). Persons having requested notice of the Director’s decision shall be notified.
4. Effective Date. The shoreline revision is effective immediately upon the Director’s decision or, when appropriate under subsection E.3.b of this section, upon the Department of Ecology’s action.
5. Commencement of Activity. Construction undertaken pursuant to that portion of a revised shoreline permit is at the applicant’s sole risk until expiration of the appeal deadlines. If an appeal is successful in proving that an amendment is not within the scope and intent of the original permit, the decision on appeal shall have no bearing on the entitlements contained in the original permit. (Ord. 6416, 5-21-18, § 2)
20.25E.160 Shoreline Substantial Development Permits.
A. Substantial Development Permit Required. A Shoreline Substantial Development Permit is required for all development within the shoreline jurisdiction, except those activities set forth in LUC 20.25E.170. Criteria for obtaining a Shoreline Substantial Development Permit shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.
B. Applicability. The provisions of this section apply to each application for a Shoreline Substantial Development Permit. Substantial development shall not be undertaken on shorelines without first obtaining a Shoreline Substantial Development Permit as provided in this section.
C. Purpose. A Shoreline Substantial Development Permit is the mechanism by which the City administers its Shoreline Master Program in a manner consistent with the policies of the Shoreline Management Act.
D. Decision Criteria. The Director may approve or approve with modifications a Shoreline Substantial Development Permit if:
1. The proposal is consistent with the policies and procedures of the Shoreline Management Act;
2. The proposal is consistent with the provisions of Chapter 173-27 WAC;
3. The proposal is consistent with the SMP;
4. The proposal will be served by adequate public facilities including streets, fire protection, and utilities;
5. The proposal is consistent with the Bellevue Comprehensive Plan; and
6. The proposal complies with applicable requirements of the Bellevue City Code.
E. Special Shoreline Report Process.
1. Purpose. A special shoreline report is a mechanism by which setbacks, moorage, and shoreline stabilization requirements of this part and the impervious surface standards set forth in LUC 20.20.010 may be modified for a specific proposal. The report is intended to provide flexibility for sites or proposals providing unique design, or protection of shoreline area functions and values, not anticipated by this part, and to ensure that strict implementation of certain requirements will not thwart the policy enumerated in RCW 90.58.020. The extent and complexity of information required in a special shoreline report will vary, depending on the scope, complexity, and magnitude of impact on the shoreline area and shoreline setbacks associated with the proposed development. The special shoreline report must demonstrate that the proposal with requested modifications leads to equivalent or better protection of shoreline ecological functions and values than would result from the application of the above-enumerated requirements. Where the proposal involves restoration of existing conditions in exchange for a reduction in the regulated shoreline setback on a site, the special shoreline report must demonstrate a net increase in certain shoreline ecological functions.
2. Review Process. Requests for modifications to the requirements of this part through a special shoreline report shall be processed through a Shoreline Substantial Development Permit, shoreline variance, or Shoreline Conditional Use Permit, depending on the proposal. Where additional permits are required for the underlying use or activity, the permits may be consolidated or merged pursuant to the provisions of LUC 20.25E.100.C.6.
3. Limitation on Modifications. The special shoreline report may not be used to modify sections of the Land Use Code outside of this part unless otherwise expressly permitted. The special shoreline report may not be used to modify the definitions contained in this part or Chapter 20.50 LUC, or any other provision of this part that expressly prohibits modification. The special shoreline report may not be used to modify the shoreline below the ordinary high water mark as defined in RCW 90.58.030(2)(c), the floodway as defined in RCW 90.58.030(2)(b), or within any wetland as defined in RCW 90.58.030(2)(h). Additional limitations on modifications for specific shoreline areas may be found in the sections of this part addressing specific use performance standards.
4. Use of Science and Technical Information Required. The special shoreline report shall use scientifically valid methods and studies in the analysis of shoreline area data and field reconnaissance including the most current, accurate and complete scientific and technical information as outlined in RCW 90.58.100. The special shoreline report shall evaluate the proposal and all probable impacts to shoreline areas in accordance with the provisions of the SMP.
5. Submittal Requirements.
a. Specific Proposal Required. A special shoreline report must be submitted as part of an application for a specific development proposal. In addition to the requirements of this section, additional information may be required for the permit applicable to the development proposal.
b. Minimum Report Requirements. The special shoreline report shall be prepared by a qualified professional and shall at minimum include the content identified in this subsection. The Director may waive any of the report requirements where, in the Director’s discretion, the information is not necessary to assess the impacts of the proposal and the level of protection of shoreline ecological functions and values accomplished. At a minimum, the report shall contain the following:
i. The lake classification and environment designation as outlined in the City of Bellevue GIS mapping.
ii. Identification and classification of all shoreline setbacks and any critical areas and critical area buffers on the site and abutting properties.
iii. Identification of each regulation or standard of this Code proposed to be modified;
iv. A vegetative cover and habitat analysis, including existing aquatic vegetation, setbacks and upland area. (Use of the Bellevue Urban Wildlife Habitat Functional Assessment Model is required if credit is sought for wildlife habitat functions outside the shoreline setback and aquatic area);
v. An assessment of the probable cumulative impacts to the shoreline area resulting from development of the site and the proposed development;
vi. An analysis of the level of protection of shoreline ecological functions and values provided by the regulations or standards of this Code, compared with the level of protection provided by the proposal. The analysis shall include:
(1) A discussion of the functions and values currently provided by the aquatic zone, shoreline setback and shoreline upland area on the site and their relative importance to the ecosystem in which they exist;
(2) A discussion of the functions and values likely to be provided by the shoreline setback on the site through application of the regulations and standards of this Code over the anticipated life of the proposed development;
(3) A discussion of the functions and values likely to be provided by the shoreline setback and upland area on the site through the modifications included in the proposal over the anticipated life of the proposed development;
(4) A discussion of the mitigation requirements applicable to the proposal pursuant to relevant performance and mitigation standards, and a recommendation for additional or modified mitigation, if any; and
(5) Any additional information required for the specific use as specified in the sections of this part addressing that use.
c. Additional Report Submittal Requirements.
i. Unless otherwise provided, a special shoreline report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Director.
ii. Where a project requires a special shoreline report and a mitigation or restoration plan, the mitigation or restoration plan may be included with the special shoreline report, and may be considered in determining compliance with the applicable decision criteria, except as set forth in subsection E.5.c.iv of this section.
iii. The applicant may consult with the Director prior to or during preparation of the special shoreline report to obtain approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential shoreline area impacts and required mitigation.
iv. Proposals to reduce the regulated shoreline setbacks below those required by this part shall include the following information in addition to the minimum special shoreline report contents described in subsection E.5.b of this section. The restoration proposed to improve existing function included in the proposal must be separate from any impact mitigation proposal:
(1) The specific restoration actions proposed and the specific regulated setback dimensions proposed.
(2) The functions that will be enhanced by the restoration actions, addressing at minimum: habitat, hydrologic, vegetative and (where applicable) stream process functions.
(3) Functions that will be provided outside of the reduced regulated setback dimension proposed by the project, if any (for example, vegetation and habitat preservation, storm water quality and quantity controls or low impact development features).
(4) The relative importance of the enhanced functions to the ecosystem in which they exist.
(5) A description of the net gain in functions by the restoration actions in the reduced regulated setback area and the proposal, compared to the functions that would be preserved under standard setback provisions of the SMP without restoration.
d. Incorporation of Previous Study. Where a valid special shoreline report or report for another agency with jurisdiction over the proposal has been prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, the previous report may be incorporated into the required special shoreline report. The applicant shall submit an assessment detailing any changed environmental conditions associated with the site.
6. Decision Criteria – Proposals to Modify Performance Standards or Reduce a Shoreline Setback. The Director may approve, or approve with modifications, a proposal to modify a performance standard or shoreline setback on a site where the applicant demonstrates:
a. The proposal includes plans for restoration of shoreline aquatic area, setback or upland area such that there is a measurable net gain in overall shoreline and critical area functions;
b. The proposal includes plans for restoration of degraded setback or shoreline area such that there is a measurable net gain in the most important shoreline aquatic or habitat functions on the site;
c. The proposal includes a net gain in storm water quality function by the shoreline setback or by elements of the development proposal outside of the reduced regulated shoreline setback;
d. Adequate resources to ensure completion of any required restoration, mitigation and monitoring efforts;
e. The modifications and performance standards included in the proposal are not detrimental to the functions and values of shoreline setbacks and critical areas off site; and
f. The resulting development is compatible with other uses and development in the same land use district.
7. Assurance Devices. The Director may require assurance devices to ensure that any conditions of approval are fully implemented. Assurance devices shall be posted in accordance with LUC 20.40.490.
8. City Technical Review. The City may require the applicant to pay for technical review of the special shoreline report and related proposal by a consultant retained by the City to assist in determining compliance with this subsection E.
F. Effective Date. The decision of the Director is the final decision of the City on a Shoreline Substantial Development Permit, and is effective on the date of actual receipt by the Department of Ecology of the final decision of the Director on the permit.
G. Commencement of Activity. Construction pursuant to an effective Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or shoreline variance shall not begin and is not authorized until 21 days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-27-130(6), or until all Shorelines Hearings Board petition for review proceedings initiated within 21 days from the date of filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b). (Ord. 6416, 5-21-18, § 2)
20.25E.170 Exemptions from Shoreline Substantial Development Permits – Letter of exemption required.
A. Purpose. Issuance of a letter of exemption is the mechanism by which the City administers the SMP for minor projects in a manner consistent with the policies of the SMA.
B. Letter of Exemption Required. Development described in this subsection B shall not require Shoreline Substantial Development Permits so long as it is consistent with the policy and procedures of the Shoreline Management Act, Chapter 173-27 WAC, the SMP, and applicable requirements of the BCC. Criteria for obtaining a shoreline letter of exemption are as set forth in Chapter 173-27 WAC, LUC 20.25E.150 and this section.
C. Letters of exemption from the Shoreline Substantial Development Permit requirements shall be issued for the following:
1. Any development of which the total cost or fair market value, whichever is higher, does not exceed $7,047 or as subsequently adjusted for inflation under WAC 173-27-040(2)(a), if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state. The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials;
2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a legally established condition. “Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to a shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. Replacement of existing moorage pilings in the same location shall constitute normal repair under this subsection. Although such normal repair or replacement is exempt from the substantial development permit process, certain limitations may apply to the repair or replacement of nonconforming structures, shoreline stabilization measures and moorage. See LUC 20.25E.040 (Nonconforming shoreline conditions) and LUC 20.25E.080.E (Nonresidential Moorage Facilities, Boat Ramps, and Launches);
3. Construction of the normal protective bulkhead common to single-family residences. A “normal protective bulkhead” includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near-vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Repair or replacement meeting the terms of LUC 20.25E.080.E.5 shall be considered consistent with the terms of this subsection. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the requirements of this subsection and when the project has been approved by the Department of Fish and Wildlife. See LUC 20.25E.080.F for additional provisions regarding shoreline stabilization measures;
4. Emergency construction necessary to protect property from damage by the elements. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. The Director, or the designee thereof, shall designate when such an action constitutes an emergency action consistent with WAC 173-27-040(2)(d). Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Director to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, these regulations, or the SMP, obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the SMP. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency;
5. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
6. Construction or modification of navigational aids such as channel markers or anchor buoys;
7. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average existing grade. “Single-family residence” means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An “appurtenance” is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Under the SMP, normal appurtenances include a garage; deck; driveway; utilities; fences; shed; raised garden bed; hot tub/spa which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Construction authorized under this exemption shall be located landward of the ordinary high water mark;
8. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple residence(s). This exemption applies to docks that are constructed to replace existing docks, are of equal or lesser square footage than the existing dock being replaced, and the fair market value of the dock does not exceed $20,000. Construction of all other docks is exempt if the fair market value of the dock does not exceed $10,000; but if subsequent construction having a fair market value exceeding $2,500 occurs within 5 years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this subsection. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances;
9. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;
10. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
11. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system;
12. Any project with certification from the governor pursuant to Chapter 80.50 RCW;
13. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under Chapter 173-27 WAC and the SMP, if:
a. The activity does not interfere with the normal public use of the surface waters;
b. The activity has no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
c. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;
d. A private entity seeking development authorization under this section shall first post a performance bond or maintenance assurance device pursuant to LUC 20.40.490 to ensure that the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW 90.58.550;
14. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C RCW;
15. Watershed restoration projects as defined herein. The City shall review the projects for consistency with the SMP in an expeditious manner and shall issue its decision on the letter of exemption along with any conditions within 45 days of receiving all materials necessary to review the request for exemption from the applicant. No fee shall be charged for accepting and processing requests for exemption for watershed restoration projects as defined in this subsection C.15.
a. “Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
i. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
ii. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
iii. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state; provided, that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream.
b. “Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act;
16. A public or private project that is designed to improve fish or wildlife habitat or fish passage. The City shall review the projects for consistency with the SMP in an expeditious manner and shall issue its decision on the letter of exemption along with any conditions within 45 days of receiving all materials necessary to review the request for exemption from the applicant. No fee shall be charged for accepting and processing requests for exemption for a public or private project that is designed to improve fish or wildlife habitat or fish passage when all of the following criteria have been met:
a. The project has been approved in writing by the Department of Fish and Wildlife;
b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 77.55 RCW; and
c. The project is substantially consistent with the SMP as demonstrated by compliance with the requirements set forth in WAC 173-27-040(2)(p)(iii).
17. The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. This exception will be administered under the terms of Part 20.30T LUC, Reasonable Accommodation.
D. Application and Interpretation of Exemptions.
1. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the exemptions listed in subsection C of this section may be granted exemption from the Substantial Development Permit process. If any part of a proposed development is not eligible for exemption, then a Substantial Development Permit is required for the entire proposed development project.
2. Regulatory Compliance Required. An exemption from the Substantial Development Permit process is not an exemption from compliance with the SMA, the SMP, or other City of Bellevue ordinances or permit regulations. To be authorized, all uses and developments must be consistent with the policies and provisions or the SMA and the SMP.
3. Burden of Proof. The applicant bears the burden of proof that a development or use is exempt from the Substantial Development Permit process.
4. Conditioning a Letter of Exemption. The Director may attach conditions to the letter of exemption for developments and/or uses as necessary to assure consistency of the project with the SMA, the SMP, and the BCC.
E. Effective Date. The letter of exemption is effective immediately upon final decision by the Director.
F. Commencement of Activity. Construction or activity undertaken pursuant to an effective letter of exemption is at the applicant’s own risk until the expiration of the appeals deadline to Superior Court described in LUC 20.25E.130.B. (Ord. 6416, 5-21-18, § 2)
20.25E.180 Shoreline Conditional Use Permit.
A. Applicability and Scope. This section applies to each application for a Shoreline Conditional Use Permit. This section establishes the procedure and criteria that the City will use in making a decision upon an application for a Shoreline Conditional Use Permit. Criteria for obtaining a Shoreline Conditional Use Permit shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.
B. Limitation on Filing. An application for a Shoreline Conditional Use Permit will not be accepted for filing unless accompanied by a complete application for a Shoreline Substantial Development Permit. Refer to LUC 20.25E.160.
C. Purpose. A Shoreline Conditional Use Permit is a mechanism by which the City may both provide more control and allow greater flexibility in administering the Shoreline Master Program in a manner consistent with the policies of the SMA. The City may permit certain uses to be established or may require special conditions on development or on the use of land to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.
D. Decision Criteria.
1. The City may approve or approve with modifications an application for a Shoreline Conditional Use Permit if:
a. The proposed use is consistent with RCW 90.58.020 and the SMP;
b. The proposed use will not interfere with the normal public use of public shorelines;
c. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Bellevue Comprehensive Plan and SMP;
d. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;
e. The public interest suffers no substantial detrimental effect;
f. The proposed use will be served by adequate public facilities including streets, fire protection, and utilities;
g. The proposed use is consistent with the Bellevue Comprehensive Plan; and
h. The proposed use complies with the applicable requirements of the Bellevue City Code.
2. Consideration of Cumulative Impacts. In the granting of all Conditional Use Permits, the City shall also consider the cumulative impacts of additional requests for like actions in the area. For example, if Conditional Use Permits were granted for other development in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
E. Effective Date. Notwithstanding the provisions of LUC 20.25E.100 through 20.25E.130, a Shoreline Conditional Use Permit is not effective until it is approved by the Department of Ecology as required by WAC 173-27-200.
F. Appeals of Department of Ecology Final Decisions. Appeals of the Department of Ecology decision to grant, deny or rescind a Shoreline Conditional Use Permit shall be in accordance with RCW 90.58.180.
G. Commencement of Activity. Development shall not commence and is not authorized until a Shoreline Conditional Use Permit is approved by the Department of Ecology or until all review proceedings before the Shorelines Hearings Board are terminated if the proceedings were initiated within 21 days of the date of receipt as defined in RCW 90.58.140(6).
H. Revisions to an Approved Shoreline Conditional Use Permit. Revisions to a previously approved Shoreline Conditional Use Permit shall be processed in accordance with LUC 20.25E.150.E and WAC 173-27-100.
I. Merger with Binding Site Plan.
1. General. The applicant may request that the site plan approved with the Shoreline Conditional Use Permit constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.
2. Survey and Recording Required. If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record the approved site plan and survey with the King County Department of Records and Elections, or its successor entity. No document shall be presented for recording without the signature of each owner of the subject property.
3. Effect of Binding Site Plan. Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with the approved and recorded Binding Site Plan and without regard to lot lines internal to the subject property. Any sale or lease of lots or parcels within the subject property shall be subject to the approved and recorded Binding Site Plan and the requirements of state law.
J. Periodic Review. The City may impose periodic review requirements as a condition of permit approval.
K. Modification/Revocation.
1. Modification. The City may initiate a modification to an approved Shoreline Conditional Use Permit. A modification will be processed through Shoreline Process I decision pursuant to LUC 20.25E.110. Through the modification procedure, the Hearing Body may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.
2. Revocation. The Hearing Body may revoke an approved permit through Shoreline Process I decision pursuant to LUC 20.25E.110. An approved permit may be revoked only upon a finding that:
a. The use for which the approval was granted has been abandoned for a period of at least one year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
c. The permit is being exercised contrary to the terms of approval. (Ord. 6416, 5-21-18, § 2)
20.25E.190 Variance to the Shoreline Master Program.
A. Applicability and Scope. This section applies to each application for a shoreline variance. This section establishes the procedures and criteria that the City will use in making a decision upon an application for a shoreline variance to the provisions of the Shoreline Master Program. Criteria for obtaining a shoreline variance shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.
B. Limitation on Filing. An application for a shoreline variance will not be accepted for filing unless accompanied by a complete application for a Shoreline Substantial Development Permit. Refer to LUC 20.25E.160.
C. Purpose. The purpose of a variance to the SMP is strictly limited to granting relief to specific bulk, dimensional or performance standards set forth in the SMP where there are extraordinary or unique circumstances relating to the property such that strict implementation of the standards would impose unnecessary hardships on the applicant or thwart the policies of the SMA.
D. Decision Criteria.
1. The City may approve or approve with modifications an application for a shoreline variance to the SMP if:
a. Denial of the variance would result in thwarting the policy of RCW 90.58.020;
b. The applicant has demonstrated extraordinary circumstances and the public interest will suffer no substantial detrimental effect;
c. The strict application of the bulk, dimensional or performance standards of the SMP precludes, or significantly interferes with, reasonable use of the property;
d. The hardship described in subsection D.1.c of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size or natural features and the application of the SMP, and not, for example, deed restrictions or the applicant’s own actions;
e. The design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Bellevue Comprehensive Plan and SMP and will not cause adverse impacts to the shoreline environment;
f. The variance does not constitute a grant of special privilege not enjoyed by the other properties in the area, and is the minimum necessary to afford relief; and
g. If the variance permits development and/or uses that will be located either waterward of the ordinary high water mark as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), it may be authorized provided the applicant can demonstrate compliance with the following additional criteria that:
i. The strict application of the bulk, dimensional or performance standards of the SMP precludes all reasonable use of the property, and
ii. The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance.
2. Consideration of Cumulative Impacts. In the granting of all variance approvals, the City shall also consider the cumulative impacts of additional requests for like actions in the area. For example, if variance approvals were granted for other development and/or uses in the area where similar circumstances exist, the total of the variance approvals shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
3. Limitation on Authority. The Director may not grant a variance to:
a. The provisions of LUC 20.10.440 or Part 20.25E LUC establishing the allowable uses in each land use district or environment designation;
b. The provisions of LUC 20.25E.100 through 20.25E.140, the provisions or LUC 20.25E.150 through 20.25E.200, or any other procedural or administrative provision of the Land Use Code (including the definitions);
c. Any provisions of the Land Use Code within the primary approval jurisdiction of another decisionmaker as established by the BCC; or
d. Any provision of the Land Use Code which, by the terms of the Code, is not subject to a variance.
E. Effective Date. Notwithstanding the provisions of LUC 20.25E.100 through 20.25E.130, a shoreline variance approval is not effective until it is approved by the Department of Ecology as required by WAC 173-27-200.
F. Appeals of Department of Ecology Final Decisions. Appeals of the Department of Ecology decision to grant, deny or rescind a shoreline variance approval shall be in accordance with RCW 90.58.180.
G. Commencement of Activity. Development shall not commence and is not authorized until a shoreline variance is approved by the Department of Ecology or until all review proceedings before the Shorelines Hearings Board are terminated if the proceedings were initiated within 21 days of the date of receipt as defined in RCW 90.58.140(6). (Ord. 6416, 5-21-18, § 2)
20.25E.200 Amendments to the text of the Shoreline Master Program.
A. Scope. This section establishes the procedure and criteria that the City will use in deciding to amend the text of the Shoreline Master Program.
B. Applicability. This section applies to each amendment of the text of the Shoreline Master Program.
C. Purpose. An amendment to the text of the Shoreline Master Program is a mechanism by which the City may bring its Shoreline Master Program into conformity with the Shoreline Management Act, the Department of Ecology’s Shoreline Guidelines (Chapter 173-26 WAC), the Bellevue Comprehensive Plan, or respond to changing conditions or needs of the City.
D. Who May Initiate.
1. The City Council, the Planning Commission, or the Director with the concurrence of either body, may initiate an amendment to the text of the Shoreline Master Program.
2. Although the Planning Commission is generally the advisory body for amendments to the Shoreline Master Program, the City Council may amend the text of the Shoreline Master Program without prior review or recommendation from the Planning Commission, provided a public process is undertaken in accordance with Chapter 173-26 WAC.
E. Applicable Procedure. The City will process an amendment to the text of the Shoreline Master Program using Land Use Process IV (LUC 20.35.400 through 20.35.450). The Planning Commission is generally the advisory body.
F. Decision Criteria. The City may approve or approve with modifications a proposal to amend the text of the Shoreline Master Program if:
1. The amendment is consistent with the Shoreline Management Act, Chapter 90.58 RCW, the Department of Ecology’s Shoreline Guidelines, Chapters 173-26 and 173-27 WAC;
2. The amendment is consistent with the Bellevue Comprehensive Plan;
3. The amendment enhances the public health, safety, or welfare; and
4. The amendment is not contrary to the best interest of the citizens and property owners of the City of Bellevue.
G. Effective Date. A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the Department of Ecology pursuant to RCW 90.58.090. (Ord. 6416, 5-21-18, § 2)
20.25E.250 Administration.
A. Purpose. The purpose of this section is to set forth the provisions for the interpretation, general administration, and enforcement of the Bellevue SMP, and to provide definitions and acronyms specific to this part.
B. Applicability. Chapter 20.40 LUC contains provisions governing the administration and enforcement of the Land Use Code. Such provisions shall apply within the shoreline jurisdiction, except as noted below. If a conflict occurs between the provisions of Chapter 20.40 LUC and the Bellevue SMP, the provisions of the SMP shall prevail.
C. Administrative Provisions Specific to the Shoreline Master Program.
1. Vesting of Shoreline Application. An application for approval of either a Shoreline Substantial Development Permit or a Shoreline Conditional Use Permit shall be considered under the Shoreline Master Program, the Land Use Code, and other land use controls in effect on the date that a fully completed application is submitted for approval which satisfies the submittal requirements specified by the Director pursuant to LUC 20.25E.100.C.3.
2. Expiration of Vested Status of Shoreline Permits and Shoreline Variances. Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and variances shall expire and are void two years from the effective date of the permit as defined in WAC 173-27-090(4), unless:
a. The applicant commences construction activities within two years of the effective date of the shoreline permit; or where no construction activities are involved, the use or activity is commenced within two years of the effective date of the shoreline permit; or
b. The applicant requested an extension prior to the expiration date and received an extension for the shoreline permit pursuant to subsection C.6 of this section.
3. Shoreline Variances. Shoreline variances shall run with the land in perpetuity if they are recorded with the King County Department of Elections and Records, or its successor entity, within 60 days following Ecology’s final action on the variance. Unrecorded variances shall survive the life of the project.
4. Final Expiration of Shoreline Permits. Permit authorization expires finally, despite commencement of construction, five years after the effective date of the relevant shoreline permit, unless the applicant has received an extension pursuant to subsection C.6 of this section.
5. Tolling. The time period set forth in subsection C.2 of this section shall not include the time during which an activity or development was not actively pursued because of the pendency of litigation or the need to obtain other government permits or approvals, including all reasonably related administrative or legal actions on such permits or approvals.
6. Extension of Shoreline Permits.
a. The Director may extend a shoreline permit, not to exceed one year, with prior notice to the Department of Ecology and those who requested copies of the Director’s decision, only if:
i. Unforeseen circumstances or conditions necessitate the extension of the permit;
ii. Termination of the permit would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
iii. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.
b. The Director may grant no more than two extensions:
i. A single one-year extension may be granted to the two-year construction commencement deadline described in subsection C.2 of this section; and
ii. A single one-year extension may be granted to the five-year final expiration deadline described in subsection C.4 of this section.
c. When a Building Permit is issued, the vested status of a shoreline permit shall be automatically extended for the life of the Building Permit. If the Building Permit expires, or is revoked or canceled, pursuant to BCC 23.05.100 or otherwise, then the vested status of a shoreline permit shall also expire, or be revoked or canceled. (Ord. 6416, 5-21-18, § 2)
20.25E.260 Enforcement.
20.25E.270 Interpretations.
A. Rules of Statutory Construction. Consistent with RCW 90.58.900, the Bellevue SMP is exempt from the rule of strict construction and shall be liberally construed to give full effect to the purposes, goals, objectives, polices, and regulations.
B. Requests for Written Interpretation. Requests for written interpretation of the provisions of the Shoreline Overlay (this part) will be processed as a Land Use Process II decision pursuant to Chapter 20.35 LUC using the procedures and criteria for interpretation of the Land Use Code contained in Part 20.30K LUC. (Ord. 6416, 5-21-18, § 2)
20.25E.280 Definitions Specific to the Shoreline Overlay District.
In addition to the definitions in Chapter 20.50 LUC, the following definitions apply only in the Shoreline Overlay District. General definitions not applicable in the Shoreline Overlay District are noted in the text of the general definitions listed in Chapter 20.50 LUC. Additionally, the definitions set forth in RCW 90.58.030, as amended, and Chapter 173-26 WAC, as amended, shall also apply:
Accessory Structure. Any structure incidental and subordinate to a primary structure and located on the same lot or development site as the primary use.
Agricultural Land. Means those specific land areas on which agricultural activities are conducted as of May 21, 2018, as evidenced by aerial photography or other documentation. After May 21, 2018, land converted to agricultural use is subject to compliance with the requirements of the master program.
Aquatic Lands. Means all tidelands, shorelands, harbor areas, and the beds of navigable waters.
Associated Wetlands. Associated wetlands are wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.
Beach. The zone of unconsolidated material that is moved by waves and wind currents, extending from the water’s edge to the vegetation line.
Boathouse. A boat cover that includes at least one wall. Boathouses may be structurally integrated into or attached to the dock or boatlift or may be freestanding.
City Facilities and Systems. “City facilities and systems” means the works, buildings and grounds owned, leased, or rented by the City of Bellevue and the elements required to provide public services. “City facilities and systems” includes, but is not limited to, utility systems and facilities and park facilities.
Community Club. A community club is a recreation-focused, water-related community organization whose members consist of residents or moorage slip owners of a specified area. The community club use includes social gathering space and facilities, administration and facility offices, group activities, social support, public information, and other community uses. Community clubs also include member and guest parking and typical community club social activities, including food and beverage services for members and guests, social gatherings, and meetings. Community clubs also provide water-related experiences to persons who would not otherwise have access to the water. Community clubs must provide a moorage as a primary use.
Dock. A structure that is attached to land and serves a function of providing moorage and access to deeper water. Components of a dock include, but are not limited to, pilings, walkways, stringers, joists, and moorage platforms.
Dock Bumpers. A vertical material, consisting of periodic strips installed at regular intervals in the moorage area to prevent small boats from drifting under the dock, which is designed as part of the dock, and is intended to protect users from hazards created at variable water heights and to prevent dock and watercraft wear or damage. Dock bumpers do not extend below the established ordinary high water mark.
Dock, Existing. A legally established dock maintained and kept in good working order.
Dock Expansion. An increase in the surface area of a dock or number of pilings.
Dock Surface. The floor or walking surface of a dock walkway or moorage platform.
Ecological Functions. Means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-201(2)(c).
Ecosystem-Wide Processes. Means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
Enhancement. Means alteration of an existing resource to improve or increase its characteristics, functions, or processes without degrading other existing ecological functions.
“Fair market value” of a development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
Fill. Means the addition of soil, sand, rock, gravel, sediment, earth-retaining structure, or other material to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
Hand-Operated Equipment. Means equipment or tools held in a person’s hand for operation, including power-operated garden tools such as lawn mowers (nonriding), power-edgers, string trimmers, garden cultivators, rototillers, and leaf blowers. Hand-operated equipment does not include equipment such as riding lawn mowers, dump trucks, bulldozers, or front-end loaders.
Height. Is the vertical distance measured from the average elevation of the existing grade around the building to the highest point of a flat roof, or to the ridge of a pitched roof; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation. Residential uses in single-family land use districts are required to meet the building height definition of LUC 20.50.012 and the maximum in building height requirements of LUC 20.20.010 and Note 44, now or as hereafter amended.
Light-Penetrable Materials, Dock. Construction materials that allow the passage of light. Light-penetrable materials include, but are not limited to, grating, skylights, and translucent fabrics and panels.
Marina, Private. Uses at a private marina include boat moorage, boat storage, boat maintenance, boat repair, retail boat and parts sales, boat launching, administration and facility offices, retail sale of boating-related items (including food and beverage), restrooms, and facility parking. Marinas also provide parking areas for automobiles, waste collection, boat sales or rental activities, retail establishments including vessel fueling services, and boat repair or servicing facilities. The marina use is not intended to support heavy commercial and industrial uses; however, limited non-water-oriented commercial uses should be allowed when part of a mixed-use marina development that incorporates public access and ecological restoration.
Marina, Public. A public marina use is a publicly owned, recreational boating facility where the primary emphasis is to provide moorage and grant public access to water-oriented recreation. Public marinas are allowed only through approval of a Park Master Plan that provides oversight to the development and operation of the marina, including the range of uses allowed. Public marinas may provide parking areas for automobiles, administration and facility offices, waste collection, rental activities, and other recreational boating activities, including minor boat repair to moored vessels.
Minimum Necessary, Dock. The minimum overwater area and length needed to provide the intended function of the structure.
Non-Water-Oriented Uses. Means any use not identified as water-oriented.
Ordinary High Water Mark (OHWM). That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, with respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City or the Department of Ecology.
Public Access. Means the ability of the public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations.
Public Access Improvements. Improvements integrated into a project design intended to enhance the ability of the general public to reach, touch, or enjoy the waters associated with shorelines of the state. Improvements may include a combination of beaches, trails, sidewalks, view platforms, benches, lighting, docks, and signage provided such improvements do not impact existing ecological functions.
Reconfiguration, Dock. A modification to the location, footprint or layout of an existing dock.
Replacement, Dock. The reconstruction of an existing dock in the same location and same configuration.
Shorelands and Shoreland Areas. Shorelands and shoreland areas are those areas extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands associated with the streams and lakes.
Shoreline Areas and Shoreline Jurisdiction. Shoreline areas and shoreline jurisdiction means all shorelines described in LUC 20.25E.010.C.2, “shorelines of the state,” and “shorelands.”
Shoreline Development. A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level.
Shoreline Functions. See “Ecological functions.”
Shoreline Vegetation, Existing. All living plant, tree, hedge, shrub and ground-cover material located in the shoreline structure setback required by LUC Chart 20.25E.065.C.2 as of May 21, 2018.
Shorelines. All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them: except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.
Shorelines of Statewide Significance. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres or more measured at the ordinary high water mark and those natural rivers or segments thereof where the mean annual flow is measured at 1,000 cubic feet per second or more. Shorelines of statewide significance in Bellevue include lakes Sammamish and Washington.
Shorelines of the State. The total of all “shorelines” and “shorelines of statewide significance” within the state.
Skirting, Dock. An architectural feature of a dock designed to hide the structural elements by extending below the established ordinary high water mark.
Structure. A combination of materials constructed and erected permanently or temporarily on or under the ground or attached to something having a permanent location on, above, or below the surface of the ground or water. Not included in the definition of structure are vessels, shoreline stabilization, docks, residential fences, retaining walls less than 30 inches in height, rockeries less than 30 inches in height, and similar improvements of a minor character.
Visual Access. Improvements that provide a view of the shoreline or water, but do not allow physical access to the shoreline.
Water-Dependent Use. A use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.
Water-Enjoyment Use. A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
Water-Oriented Use. A use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
Water-Related Use. A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:
1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Wetland. Refer to Part 20.25H LUC.
Yacht Club. A yacht club is a water-dependent recreational boating club that provides water access and moorage to the club’s members and guests. Uses at a yacht club include boat moorage, social gathering space and facilities, small boat storage and launching, sanitary waste collection, service and repair to moored boats, member and guest parking, and typical yacht club social activities including food and beverage services for members and guests, social gatherings, and meetings. Additional activities may include cultural, educational, and charitable elements related to recreational boating, including hosting of water-related public/private organizations and events, boating and sailing instruction, and providing water-enjoyment experiences to some who would not have access to the water. Yacht clubs are not intended to support commercial, industrial, mixed-use, or general public access, except as required by the SMP. (Ord. 6416, 5-21-18, § 2)
