20C.60.30 Special Business Park, Overlake Business and Advanced Technology, Manufacturing Park and Industry Regulations.

20C.60.30-010 Purpose.

Special requirements for the Business Park, Manufacturing Park, and Industry zones are intended to fulfill several purposes. First, this division identifies special requirements for development within these zones. Secondly, this division provides references to other divisions of the Community Development Guide that contain requirements affecting business, manufacturing and industrial uses. Finally, this division identifies how special programs may be implemented in these zones, such as the Transfer of Development Rights (TDR) program. (Ord. 2027)

20C.60.30-020 Mixed Use and Residential Development.

(1) Mixed use development in Business Park (BP), Overlake Business and Advanced Technology (OV), Manufacturing Park (MP), Industry (I), and Overlake Business and Advanced Technology (OV) zones are allowed as indicated in RCDG 20C.60.20-030, Permitted Land Uses. Residential mixed-use development is permitted in the BP and OV zones when the residential portion of the project is located above the ground floor of the building. Retail and service business uses are permitted in mixed use developments within all of the zones based on varying criteria as set forth in this division.

(2) Additional building height and floor area ratio are allowed for residential uses in the Business Park and Overlake Business and Advanced Technology zone as noted in RCDG 20C.60.25-080, Site Requirements Chart. (Ord. 2027)

20C.60.30-030 Outdoor Storage.

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

20C.60.30-040 Business Park, Overlake Business and Advanced Technology, Manufacturing Park and Industry Design Standards.

Design standards for business and manufacturing park and industry development are provided in Chapter 20D.40 RCDG, Design Standards. Administrative procedures for planned commercial development approval are in RCDG Title 20F. (Ord. 2027)

20C.60.30-050 Receipt of Development Rights in Business Park, Overlake Business and Advanced Technology, Manufacturing Park and Industry Zones.

(1) The Transfer of Development Rights from the sending areas is provided for in RCDG 20D.200.10, Transfer of Development Rights (TDR) Program. The purpose of this section is to describe the receiving zones in which those development rights can be used and how they can be implemented. RCDG 20D.200.10, Transfer of Development Rights (TDR) Program, describes how development rights are measured, and applied in the receiving zones.

(2) Development rights may be used in all BP, OV and MP 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) 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.60.25-020(4), Site Requirements in Business, Manufacturing and Industrial Zones.

(b) The total of all building area used for residential uses shall not exceed the maximum FARs for residential uses in RCDG 20C.60.25-020(4), Site Requirements in Business, Manufacturing and Industrial Zones. (Ord. 2052; Ord. 2027)

20C.60.30-060 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.60.30-070 Convenience Commercial Clusters in the Overlake Business and Advanced Technology (OV) Zone.

(1) Purpose. To provide convenient retail and service uses within the Overlake Business and Advanced Technology (OV) zone to serve area employees and nearby residents. Providing such services in the employment area is intended to reduce motor vehicle trips and the impact they have on the community and the environment.

(2) Definitions. In addition to the definitions included in Chapter 20A.20 RCDG, Definitions, the following definitions shall apply to convenience commercial clusters:

(a) “Convenience retail commercial uses” means establishments engaged in selling goods or merchandise used on a daily or weekly basis by the general public for personal or household consumption and rendering services incidental to the sale of such goods, but shall not include supermarkets. Convenience retail commercial uses include, but are not limited to, convenience stores, and grocery stores.

(b) “Convenience service uses” means services used on a daily or weekly basis by the general public for personal or household consumption and selling goods, merchandise, or intangibles incidental to the performance of such services. Convenience service uses include, but are not limited to, dry cleaners, post offices, retail banks, retail stock brokerages, video rental shops, dentists, doctors, and accountants.

(3) Allowed Uses in Convenience Commercial Clusters.

(a) The allowed uses include all uses allowed in the Overlake Business and Advanced Technology zone including eating and drinking establishments, convenience retail commercial uses, convenience service, personal service, and professional service uses, and hotels and motels. Supermarkets shall not be allowed.

(b) Including eating and drinking establishments, convenience retail commercial uses, convenience service, personal service, and professional service uses, and hotels and motels is not required in a convenience commercial cluster.

(c) If a hotel or motel is included in a convenience commercial cluster, then an eating and drinking establishment must be included in the hotel, motel or cluster and at least 5,000 square feet of convenience retail commercial uses, convenience service, personal service, or professional service uses shall be included.

(4) Designation of One Convenience Commercial Cluster. Three alternative convenience commercial cluster sites are pre-designated on the Zoning Map. One of the predesignated sites may be activated as a convenience commercial cluster. A convenience commercial cluster may be activated by:

(a) Being the first of the predesignated sites shown on the Zoning Map to file a site plan application. Once a site plan application is filed, the other alternative sites cannot be developed as a convenience commercial cluster unless the site plan application is denied or approval expires without the construction required in subsection (4)(b) of this section. In addition to the other requirements of site plan approval, the site plan must identify the boundary of the convenience commercial cluster. The applicant must option, own, or lease the land within the boundary. The area of the cluster shall be at least two acres in size.

(b) Construct at least 10,000 square feet of one or more of the following uses: convenience retail commercial uses, convenience service uses, personal service uses, and professional service uses.

Once activated, the site may be used as a convenience commercial cluster. Only one convenience commercial cluster may be activated in the OV zone or be used as a convenience commercial cluster.

(5) Special Convenience Commercial Cluster Development Standards.

(a) Size.

(i) Minimum size: two acres. This may include multiple lots.

(ii) Maximum size:

(A) For freestanding buildings containing only eating and drinking establishments, convenience retail commercial uses, convenience service, personal service, and professional service uses, and hotels and motels: 40 percent of the development site and not more than six acres of land total.

(B) Where the convenience commercial cluster includes one or more buildings containing uses other than eating and drinking establishments, convenience retail commercial uses, convenience service, personal service, and professional service uses, and hotels and motels: 70 percent of the development site and not more than six acres of land total.

(C) The parts of the site used for parking for eating and drinking establishments, convenience retail commercial uses, convenience service, personal service, and professional service uses, and hotels and motels shall be included in the percentage and acreage limits.

(b) Additional Development Square Footage Allowed. When the convenience commercial cluster is activated, the property on which it is located shall be allowed 50,000 square feet of building gross floor area in addition to the building gross floor area allowed by the applicable FARs in RCDG 20C.60.25-020(4), Site Requirements in Business, Manufacturing and Industrial Zones. This additional development square footage may only be used for eating and drinking establishments, convenience retail commercial uses, convenience service, personal service uses or professional service uses within the convenience commercial cluster.

(c) Drive through windows shall be prohibited in all convenience commercial clusters.

(d) New retail vehicle fuel sales establishments shall be prohibited immediately adjacent to transit centers and bus or transit stops.

(e) Deliveries and outdoor maintenance activities shall take place during daylight and early evening hours when uses that generate this activity abut or are across the street from predominately residential neighborhoods. (Ord. 2027)

20C.60.30-080 Convenience Uses Allowed as an Accessory Use to a Transit Center.

(1) Definitions. In addition to the definitions included in Chapter 20A.20 RCDG, Definitions, the following definitions shall apply to convenience retail commercial uses and convenience service uses allowed accessory to a Transit Center:

(a) “Convenience retail commercial uses” means establishments engaged in selling goods or merchandise used on a daily or weekly basis by the general public for personal or household consumption and rendering services incidental to the sale of such goods, but shall not include supermarkets. Convenience retail commercial uses include, but are not limited to, convenience stores, and grocery stores.

(b) “Convenience service uses” means services used on a daily or weekly basis by the general public for personal or household consumption and selling goods, merchandise, or intangibles incidental to the performance of such services. Convenience service uses include, but are not limited to, dry cleaners, post offices, retail banks, retail stock brokerages, video rental shops, dentists, doctors, and accountants.

(2) Development Limitations. When allowed accessory to a Transit Center, convenience retail commercial uses and convenience service uses shall comply with the following limitations:

(a) When accessory to a transit center, the property on which the transit center is located shall be allowed an additional 15,000 square feet of building gross floor area in addition to any building gross floor area allowed by the applicable FARs in RCDG 20C.60.25-020(4), Site Requirements in Business, Manufacturing and Industrial Zones. This additional development square footage may be used for eating and drinking establishments, convenience retail commercial uses, convenience service, personal service uses or professional service uses.

(b) If the development rights or allowable development building area on a property have been transferred from the property, no building gross floor area shall be allowed by the FARs in RCDG 20C.60.25-020, Site Requirements in Business, Manufacturing and Industrial Zones.

(c) The total of all convenience retail commercial uses and convenience service uses accessory to a particular transit center, whether within or outside of a building, shall not exceed 15,000 square feet in gross floor area unless the zone in which the transit center is located would allow more square feet of these uses.

(d) Drive through windows shall be prohibited.

(e) Retail and wholesale vehicle fuel sales establishments shall be prohibited. (Ord. 2027)