21.50.030 Use, Operations, and Development Standards in a Transition Overlay

21.50.030 Use, Operations, and Development Standards in a Transition Overlay.

1. Outdoor nonemergency maintenance and testing activities may only take place from 7:00 a.m. to 7:00 p.m., Monday through Friday, and from 9:00 a.m. to 6:00 p.m. Saturday. No maintenance and testing activities may take place on legal holidays. Emergency maintenance activities may take place at any time and on any day.

2. All exterior work activities ordinarily allowed by the underlying zone shall be prohibited except for the following uses: restaurants, plant nurseries, entertainment and recreation uses that are commonly performed outside, sales of motor vehicle fuels, car washes, parking lots, outdoor markets, and sidewalk sales. This regulation does not apply in transition overlay areas in the Industry zone.

3. Except for in the Industry (I) zone, no exterior storage of goods or materials shall be allowed within the Transition Overlay. Exterior storage of construction materials and construction equipment during temporary construction activities is allowed.

a. Uses shall be located on a site so as to minimize adverse impacts on protected zones.

b. Streets, driveways, parking, parking structures, and other vehicle use areas shall be designed, located, constructed, and maintained to minimize the impacts on protected zones of noise, and direct and reflected light trespass. Joint use driveways shall be used where possible. Parking structures shall be designed and constructed to minimize light from cars and lighting within the structure spilling over or intruding into protected zones.

c. New driveways, curb cuts, and streets shall be located, designed, and constructed to minimize cut-through traffic in protected zones. The Technical Committee may authorize an exception to this requirement when compliance would create an undue hardship on the applicant.

d. Surface parking lots, loading areas, and refuse collection areas shall be located away from bordering protected zones and screened from street level views. This screening shall be done by placing the areas behind buildings or by the use of berms, hedges, walls, or equivalent or better methods. The Technical Committee may authorize an exception to this requirement when compliance would create an undue hardship on the applicant.

e. Loading and refuse collection areas shall not be located within a front setback or within the Overlake Business and Advanced Technology Zone Height and FAR Limit Overlay described in RZC 21.12.210.C Building Height.

f. Nearby topography, vegetation, street patterns, parking configuration, building massing, and building and site design should be considered in order to result in a compatible fit between the proposed development and existing residential developments.

a. Building surfaces and design shall minimize light reflecting into protected zones and allowing light from inside the building to intrude into residential zones. Glass curtain walls, metallic wall or roof coverings, or similar materials shall not face residential zones.

b. Building facades visible from protected zones shall be stepped back or projected forward at intervals to provide a minimum of 40% facade modulation. The minimum depth of modulation shall be one foot and the minimum width shall be five feet.

1. Only freestanding and wall signs shall be permitted. Freestanding signs shall be affixed directly to the ground and be no higher than five feet from the finished grade.

2. Signs shall only be indirectly lighted.

1. The following table shows the required setback from property lines that border a protected zone or property lines adjacent to a street that borders a protected zone.

Table 21.50.030A Required Setbacks from Property Lines
Height of Building or Portion of Building	Minimum setback in complying zones: R-12 – R-30, NC-1, NC-2, GC, BP, MP, I, RR, MDD3, NDD
Up to 30 feet	20 feet
31 to 40 feet	25 feet
41 to 50 feet	30 feet
More than 51 feet	35 feet

a. This setback shall not apply to property lines bordering a multimodal corridor as designated in the Transportation Master Plan, or an arterial street served by all-day or peak-hour transit service.

b. This setback shall not apply to property lines bordering the SR 520 right-of-way.

1. Maximum Height of Structures (in feet) with and without Bonuses in a Transition Overlay.

Table 21.50.030B Maximum Height of Structures
		Maximum structure height in complying Zones (maximum height with bonuses shown in parenthesis)
		R-12, R-18, NDD1	R-20, R-30, MDD3, I	BP	MP, RR, NDD2, NDD3
Protected Zones	RA-5, R-1 – R-8, and ORS	40 (45)	40 (50)	35(45)	40 (45)
Protected Zones	R-12, R-18, NC-1, NC-2, MDD3 and ORM		50 (60)	45 (55)

2. The maximum height of structures may be increased to the height shown in subsection E.1 of this section if one or more of the following features are provided and if the potential adverse impacts of the height increase on properties in the protected zone are mitigated. In no case shall the maximum height of structures set in subsection E.2 of this section be exceeded through this subsection.

Table 21.50.030C Features
Feature
At least one-quarter of the on-site parking is provided in subterranean parking structures (not permitted in MDD3).
At least one-quarter of the on-site parking is located in parking structure(s) outside the transition zone.
The building has a pitched roof.
No mechanical equipment is located on the roof.
The existing grade under the proposed building pad is at least 10 feet below the grade at the property lines of all properties in the protected zone that border the development site or are across the street from the development site.
A landscape buffer at least 100 feet wide is provided along at least one public street bordering a protected zone.
TDRs are used to increase building height.

3. The maximum height of structures set in subsections E.1 and E.2 of this section may be increased by the Design Review Board if all of the following conditions are met:

a. The modified building height does not exceed the maximum height, without bonuses, permitted by the underlying zone for properties outside the transition overlay.

b. The proposal, with the height modification, will provide an equivalent or better transition to the protected properties as the maximum height of structures without bonuses in subsection E.1 of this section.

a. Landscape buffers at least 20 feet wide shall be provided in the following locations, unless otherwise provided in the Zoning Code:

i. Along property lines that border a protected zone.

ii. Along street frontages where any portion of the street bordering the development site borders an R-1 through R-8, ORS, or ORM zone.

iii. Where the development site is zoned GC, MP, or I, along the street frontages where any portion of the street bordering the development site borders an R-1 through R-30, ORS or ORM zone.

2. In addition to the requirements of RZC 21.32, Landscaping, the following planting requirements shall apply in all setbacks, open spaces, and buffers:

a. All significant trees within 15 feet of the property line where a required transition overlay buffer or setback must be provided shall be retained unless the removal is necessary for streets, sidewalks, or utilities.

b. Where a GC, MP, or I zone borders a residential zone on an interior property line, an evergreen hedge a minimum of three feet in height at the time it is planted and capable of achieving a continuous visual screen with a height of four feet within three years shall be planted, or a combination of shrubs and a fence shall be added within the required planting area, to achieve the effect of a hedge.

3. Except as otherwise provided in this section, no structures shall be placed in required buffers.

a. Up to 20% of the buffer area may be used for streets, driveways, utility crossings, trails, or ground level features such as patios.

b. Patios shall not be placed closer than 10 feet from the property line.

c. No existing structure, except as noted in subsections F.3.a and F.3.b of this section, shall be considered a legal nonconforming use.

4. Buffers may be counted towards required open space, required pervious surfaces, and other requirements that they meet. Except for trails, any impervious surfaces within the buffer shall not be counted towards fulfilling open space requirements. (Ord. 2614; Ord. 2753; Ord. 2803)