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.
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AMENITY (1) |
APPLICABLE ZONES AND BONUS (2) |
DESIGN CRITERIA |
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MO-1, OR-1, OR-2, RC-1, RC-2, RC-3, CR, R |
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TIER 1a |
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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. |
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TIER 1b |
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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. |
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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. |
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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. |
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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. |
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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. |
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TIER 2 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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)