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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

BelRed Land Use District (19)

Tower Type

(1) (17)

Minimum Setbacks/Stepbacks

(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.

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

(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.

(18)For parking structure minimum setbacks refer to specific land use district.

(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 Guidelines 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 Guidelines 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 Guidelines 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) The enclosed plaza shall coordinate with and complement ground floor retail uses to the maximum extent feasible;

(3) At least 10 percent of the surface area of the enclosed plaza shall be landscaped;

(4) The enclosed plaza shall contain at least 1 sitting space for each 100 square feet of plaza;

(5) The enclosed plaza shall be a minimum size of 1,000 square feet;

(6) Only 4,000 square feet of the enclosed plaza shall be excepted for the purpose of calculating FAR;

(7) The enclosed plaza shall have a minimum horizontal dimension (width and depth) of no less than 20 feet;

(8) 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

(9) 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. 6293, 6-20-16, § 1; Ord. 6197, 11-17-14, §§ 20, 21; Ord. 6102, 2-25-13, § 4; Ord. 5874, 5-18-09, § 1)