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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 is functional and is not made up of 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 encouraged in the design guidelines 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. 6377, 10-16-17, § 2)