20C.50.30 Special Commercial Zone Regulations.

20C.50.30-010 Purpose.

Special commercial requirements are intended to fulfill several purposes. First, this section identifies special requirements for development and uses within the commercial zones. Secondly, this section provides references to other sections of the Community Development Guide which contain requirements affecting commercial developments. Finally, this section identifies how special programs may be implemented in these zones, such as the Transfer of Development Rights (TDR) program. (Ord. 2027)

20C.50.30-020 Mixed Use and Residential Development.

(1) Allowed Uses. Mixed-use development in commercial zones is allowed as indicated by the Chart of Permitted Land Uses. Within the RC zone, freestanding multi-family residential buildings are also allowed and encouraged. Within the GC zone, freestanding multi-family residential buildings are allowed where site-specific review shows land use incompatibilities are unlikely to occur. Permitted uses in each zone may be developed within mixed-use projects subject to the provisions of the Chart. Residential mixed-use development is encouraged in the Neighborhood Commercial zone so long as the residential portion of the project is located above the ground floors of buildings. Residential mixed-use development in the General Commercial zone is allowed.

(2) Housing Emphasis Area in the RC Zone.

(a) Purpose. While both freestanding and mixed use developments are allowed in the RC zone, the Overlake Neighborhood Policies identify a Housing Emphasis Area along 152nd Avenue NE. This area is intended to be the focus of housing in the RC zone. This section includes regulations to provide for housing in this area.

(b) Regulations.

(i) RCDG 20C.50.25-090, Floor Area Ratio (FAR) Bonus for Residential Uses, grants a bonus for housing in this area.

(ii) The Housing Redevelopment Overlay is applied to the part of the Housing Emphasis Area most likely to redevelop. Its use, setback, and other requirements are designed to make this area attractive to and compatible with residential uses. (Ord. 2052; Ord. 2027)

20C.50.30-030 Outdoor Storage.

Regulations for outdoor storage are in Chapter 20D.120 RCDG, Outdoor Storage and Service Areas. (Ord. 2027)

20C.50.30-040 Commercial Design Standards.

Design standards for Commercial development are provided in Chapter 20D.40 RCDG, Design Standards. Administrative procedures for planned commercial development are in RCDG Title 20F. (Ord. 2027)

20C.50.30-050 Receipt of Development Rights in Commercial Zones.

(1) Procedures detailing how commercial properties may receive a Transfer of Development Rights (TDR) from the sending areas are provided for in RCDG 20D.200.10, Transfer of Development Rights (TDR) Program.

(2) Development rights may be used in GC and RC zones. Projects incorporating additional transferred development rights shall present sufficient documentation in the form of a deed of transfer as required in RCDG 20D.200.10-090, Deed of Transfer of Development Rights, and extinguishment document as required in RCDG 20D.200.10-100, Extinguishment Document, to demonstrate that the transfer has been finalized.

(3) The Transfer of Development Rights (TDR) shall meet all site requirements of the receiving zone except as provided for in RCDG 20D.200.10-120, Use of Development Rights.

(4) Within the RC zone, TDRs may be granted for pedestrian plazas that comply with the requirements of this subsection.

(a) To obtaining the TDRs, the pedestrian plaza shall meet the following requirements:

(i) The pedestrian plaza shall be adjacent to and open to a public street and sidewalk on at least one side.

(ii) The pedestrian plaza design shall allow people walking or driving by to see into the plaza from a height of two and one-half feet to eight feet above finished grade. Lighting shall be included and allow people walking or driving by to see into the plaza at night.

(iii) The pedestrian plaza shall meet one of the following requirements:

(A) The seating area of a restaurant shall overlook the pedestrian plaza on at least one side. At least 25 percent of the restaurant wall abutting the pedestrian plaza shall be windows.

(B) A food, refreshment, coffee or espresso cart shall be located in the pedestrian plaza during at least half of each working day.

(C) The pedestrian plaza shall include a fountain of at least 100 square feet and children’s play equipment.

(D) Any other feature that will provide equivalent or better surveillance of the pedestrian plaza.

(iv) The pedestrian plaza shall be open to the public during daylight hours.

(v) The portions of the pedestrian plaza not landscaped shall be surfaced in textured concrete, bricks, pavers, or similar or better material.

(vi) Up to 25 percent of the pedestrian plaza may include lawns or ground covers. All landscaped areas that do not include lawns shall include trees. Tree wells shall not be included in this limit.

(vii) The pedestrian plaza shall have at least 30 percent of its area covered by trees. If the pedestrian plaza includes a covered area used for sitting and other purposes, then the area covered by trees may be reduced to 15 percent of the pedestrian plaza.

(viii) The pedestrian plaza shall be located and designed so that wind within the pedestrian plaza does not interfere with its use for sitting and similar activities.

(ix) Eighty percent of the plaza, outside of any covered area, should not be shaded during the hours of 10:00 a.m. to 2:00 p.m. in the winter, except by the trees within the plaza. If possible, the plaza shall have a southern exposure.

(x) The pedestrian plaza shall include seating for at least 20 people. At least some movable chairs shall be included.

(xi) The Design Review Board shall determine if the pedestrian plaza complies with the Design Review Standards.

(xii) The pedestrian plaza shall not be used by motor vehicles for any purpose, other than maintenance.

(xiii) The pedestrian plaza shall not be bordered by a drive-in lane on any side.

(b) For each square foot of pedestrian plaza that the Administrator concludes meets the requirements of this section, not including any adjoining sidewalks, the Administrator shall grant the property owner one square foot of TDR.

(c) No more than two TDRs (which total 17,424 square feet of transferable space) shall be granted for any property or property in a common ownership under this subsection.

(d) The approved TDRs can be used for any purpose authorized by 20D.200.10-120, Use of Development Rights, or its successor. The pedestrian plaza shall be maintained and comply with this subsection for the life of the structure or use incorporating the TDRs.

(e) The TDRs granted under this subsection shall only be used on the property providing the pedestrian plaza or an adjacent parcel under the same ownership.

(5) For zones that have separate maximum FARs for nonresidential and residential uses, multi-use buildings may combine the allowed FARs. The following limits apply to mixed use buildings that include residential uses:

(a) The total of all building area used for nonresidential uses shall not exceed the maximum FARs for nonresidential uses in RCDG 20C.50.25-020(3), Site Requirements in Commercial Zones.

(b) The total of all building area used for residential uses shall not exceed the maximum FARs for residential uses in RCDG 20C.50.25-020(3), Site Requirements in Commercial Zones. (Ord. 2052; Ord. 2027)

20C.50.30-060 Exterior Light Regulations.

(1) Purpose and Policies. All exterior illumination shall be consistent with Comprehensive Plan Policies NE-90 and NE-91 to minimize excessive glare and light trespass on neighboring properties.

(2) Requirements. Exterior lighting requirements are found in Chapter 20D.90 RCDG, Lighting Requirements. Additional lighting requirements are found in Chapter 20D.40 RCDG, Design Standards, Chapter 20D.230 RCDG, Transitions between Zones, and Chapter 20D.95 RCDG, Limitations on External Effects of Uses.

(3) Plan. An exterior lighting plan shall be submitted with all development proposals showing lighting type, intensity, spacing, height of light fixtures, and provisions to minimize glare and light trespass onto nearby properties. Luminaire shields, or cutoffs, shall be used where lighting impacts may result on surrounding properties. (Ord. 2027)

20C.50.30-070 Planned Commercial Development.

Requirements are in Chapter 20C.60 RCDG. (Ord. 2027)