20.25Q.070 FAR and the amenity incentive system.
A. General. A Building may exceed the base Floor Area Ratio or base Building Height permitted for Development within an East Main District pursuant to LUC 20.25Q.060.A 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 unless expressly permitted by the terms of this Code.
B. Review Required. 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.
1. FAR Exemption for Ground Level and Upper Level 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 upper level uses design guidelines contained in LUC 20.25Q.150.C shall be considered an upper level.
a. Ground Level Floor Areas Meeting the Definition of Ground Floor Uses. Except where provided by the terms of this Code, an exemption from calculation of the maximum floor area of up to 1.0 FAR is allowed for each square foot of ground level floor area of Ground Floor Uses that satisfies the requirements of LUC 20.25Q.020 and complies with the following design guidelines:
i. Transparency. 75 percent minimum;
ii. Weather Protection. 75 percent minimum, 6 feet deep;
iii. Points of Interest. Every 30 linear feet of the façade, maximum; and
iv. Vehicular Parking or Access. No surface parking or Vehicle access shall be allowed directly between Sidewalk and main pedestrian entrance.
b. Upper Level Floor Areas Meeting the Definition of Ground Floor Uses. Each square foot of upper-level floor area of Ground Floor Uses that satisfies the requirements of LUC 20.25Q.020 and complies with the design guidelines contained in LUC 20.25Q.150.C (Upper-Level 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 a Ground Floor Use. The Director may approve a Ground Floor Use not otherwise listed in the definition contained in LUC 20.25Q.020, through an Administrative Departure pursuant to LUC 20.25Q.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 upper level uses in LUC 20.25Q.150.C, 20.25Q.070.C.1.a and C.1.b, and the design guidelines for the applicable East Specific Main Streetscape in LUC 20.25Q.150.B.
D. Amenity Incentive Program.
1. Participation in the Amenity Incentive System shall comply with Chart 20.25Q.070.D.4. Amenity bonus rates and applicability shall follow EM-TOD Land Use Districts shown in Chart 20.25Q.070.D.4.
2. Development within a Project Limit may only exceed its base FAR or base Building Height by providing amenities as described in Chart 20.25Q.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 20.25Q.060.A:
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 2 = 15,000; the requirement would be 60,000 amenity points. A Building with 0 square feet above base FAR and 20,000 square feet above base Building Height divided by 2 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. For residential Development, the Amenity Incentive System has a focus on Affordable Housing. A residential Development or a residential portion of a Development shall earn 80 percent or more of the project’s amenity points from the Affordable Housing amenity, as described in Chart 20.25Q.070.D.4. The remaining 20 percent of a project’s required amenity points may be earned from any other amenity on the amenity list.
For nonresidential Development, the focus is on Child Care Service, Potential Streets, Open Space, Affordable Housing, Pedestrian Bridge, and performing arts space. A nonresidential Development or a nonresidential portion of a Development shall earn 75 percent or more of the project’s amenity points from the Child Care Service, Potential Street, Open Space, Affordable Housing, Pedestrian Bridge, or performing arts space amenities, as described in Chart 20.25Q.070.D.4. The remaining 25 percent of a project’s required amenity points may be earned from any other amenity on the amenity list.
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. 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 Master Development Plan phasing plan. No phase may depend on the future construction of amenities.
4. Amenity Incentive System.
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List of Bonusable Amenities |
Applicable Land Use Districts and Bonus Ratios |
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East Main Transit-Oriented District Higher Density (EM-TOD-H) |
East Main Transit-Oriented District Lower Density (EM-TOD-L) |
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Nonresidential |
Residential |
Nonresidential |
Residential |
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3.2:1 |
3.2:1 |
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Criteria: |
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1. Threshold bonus for residential/Mixed-Use Development at up to 80 percent area median income (AMI) level for rental and up to 80 percent AMI level for ownership. 2. The remaining 20 percent of a project’s required amenity points as provided in LUC 20.25Q.070.D.2.b may be earned through Affordable Housing at 100 percent AMI for ownership. 3. Affordable Housing units shall be dispersed throughout any residential project that combines affordable and market rate units. 4. 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. 5. Fee-in-lieu for nonresidential is $30.00 per sf bonus area. |
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6.7:1 |
5.5:1 |
6.7:1 |
5.5:1 |
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Criteria: |
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1. This bonus shall apply only to Potential Streets meeting the requirements of LUC 20.25Q.100.D. 2. Square footage for purposes of calculating amenity points shall not include Vehicle or loading drive surfaces. |
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9.4:1 |
7.8:1 |
9.4:1 |
7.8:1 |
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Criteria: |
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1. This bonus shall apply only to Open Space meeting the requirements of LUC 20.25Q.140.E. 2. Minimum Open Space size is 3,000 square feet with a maximum bonusable area of 20 percent of the Project Limit. Open Spaces 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. 3. Minimum Open Space size may be met through the linking of smaller Open Spaces in a cohesive, logical manner with a strong design narrative. 4. Square footage for purposes of calculating amenity points shall not include Vehicle or loading drive surfaces. |
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Stream and Wetland Restoration |
41.6 sf Building area bonus per $1,000 stream and wetland restoration for nonresidential, and 34.5 sf of Building area bonus per $1,000 stream and wetland restoration for residential. The restoration amount does not include land value. |
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Criteria: |
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1. A restoration plan shall be prepared by a Qualified Professional and approved by the City. 2. The restoration bonus shall be applied to improvements above and beyond the City’s Critical Areas provision, Part 20.25H LUC. 3. Must be coordinated with public Trail system to the greatest extent possible. 4. Minimum 10,000 sf. 5. Shall occur on Site. 6. Owner shall provide Easement allowing City access for maintenance, monitoring, and Trail construction. |
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Public Art |
41.6:1 |
34.5:1 |
41.6:1 |
34.5:1 |
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41.6 bonus points per every $1,000 of appraised art value for nonresidential, and 34.5 bonus points per every $1,000 of appraised art value for residential. |
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Criteria: |
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1. Shall be permanent and located outside in areas open to the general public or visible from the adjacent Public Right-of-Way, pre-located street, Potential Street, or Open Space. 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. |
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7.8:1 |
6.4:1 |
7.8:1 |
6.4:1 |
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Criteria: |
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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 six to eight feet of activated public space between the back of the required Sidewalk/Walkway and the Building face. 2. Enhanced Streetscape shall contain street furniture that is open to the public and intended to support pedestrian activity and comfort, including benches, and movable tables and chairs. 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. |
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Sustainability Certification |
Tier 1: Living Building Net Zero Energy; Built Green 5-Star; or LEED Platinum; 0.25 FAR Tier 2: Passivhaus PHIUS+2015 Verification; Built Green 4-Star; or LEED Gold; 0.2 FAR. |
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Criteria: |
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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 East Main identified by the City. |
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8.9:1 |
7.4:1 |
8.9:1 |
7.4:1 |
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Criteria: |
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1. Up to 15,000 square feet per project is eligible for this bonus, any floor area beyond that limit shall not be eligible for amenity bonus points. 2. The floor area delineated for Child Care Service shall be required to remain dedicated to Child Care Service for the life of the project. 3. No other uses shall be approved for future tenancy in those spaces dedicated for Child Care Service. 4. Spaces shall provide visual access from the street. |
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Performing Arts Space |
17.8:1 |
14.7:1 |
17.8:1 |
14.7:1 |
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Criteria: |
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1. The floor area bonusable for performing arts space shall be open to the public upon payment of a fee or admission charge and utilized for public assembly for the purpose of entertainment or cultural events. |
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278:1 |
230:1 |
N/A |
N/A |
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278 bonus points per linear foot of Pedestrian Bridge constructed for nonresidential, and 230 bonus points per linear foot of Pedestrian Bridge constructed for residential. |
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Criteria: |
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1. This bonus shall apply only to Pedestrian Bridges meeting the location and design criteria of LUC 20.25Q.110. |
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Flexible Amenity |
Values for this amenity shall be set through a Development Agreement. It may be pursued in all East Main Land Use Districts. |
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Criteria: |
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1. The flexible amenity shall be approved by City Council through a Development Agreement. 2. The flexible amenity shall have merit and value to the community and substantially increase livability in East Main. 3. The flexible amenity shall provide public benefit equal to or better than what would be provided by amenities on the standard list provided above. 4. The proposed bonus shall be outside of the amenities identified on the list provided above. 5. The proposed bonus shall not be in conflict with existing Land Use Code regulations. |
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Technical Review: |
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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. |
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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. (Ord. 6627, 12-13-21, § 3)