Part 20.30F Design Review Amended Ord. 5876

20.30F.110 Scope.

This Part 20.30F establishes the procedure and criteria that the City will use in making a decision upon an application for Design Review.

20.30F.115 Applicability.

This Part 20.30F applies to each application for Design Review, except as provided in LUC 20.30F.116. (Ord. 3599B, 3-24-86, § 1)

20.30F.116 City Council Design Review.

Notwithstanding any provisions of the Code requiring that Design Review be conducted under this Part 20.30F, all projects for which a City Council approval is required and an opportunity for public comment has been provided shall be exempt from the Design Review process, but must comply with the applicable Design Review criteria and standards of this Code. (Ord. 5496, 11-17-03, § 5; Ord. 4972, 3-3-97, § 13; Ord. 4816, 12-4-95, § 112; Ord. 4207, 1-14-91, § 1; Ord. 3599B, 3-24-86, § 2)

20.30F.120 Purpose.

Design Review is a mechanism by which the City can ensure that site development and structures in specific zoning districts or in specific locations are of high design quality and conform to the requirements of the Land Use Code and the requirements of an applicable concomitant agreement.

20.30F.125 Who may apply.

The property owner may apply for a Design Review.

20.30F.145 Decision criteria. Amended Ord. 5876

The Director may approve or approve with modifications an application for Design Review if:

A.    The proposal is consistent with the Comprehensive Plan; and

B.    The proposal complies with the applicable requirements of this Code; and

C.    The proposal addresses all applicable design guidelines or criteria of this Code in a manner which fulfills their purpose and intent; and

D.    The proposal is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

E.    The proposal will be served by adequate public facilities including streets, fire protection, and utilities. (Ord. 4972, 3-3-97, § 16; Ord. 4816, 12-4-95, § 115)

20.30F.165 Merger with Binding Site Plan.

A.    General.

The applicant may request that the site plan approved with the Design Review constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

B.    Survey and Recording Required.

If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record that site plan and survey with the King County Department of Records and Elections. No document may be recorded without the signature of each owner of the subject property.

C.    Effect of Binding Site Plan.

Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with that Binding Site Plan and without regard to lot lines internal to the subject property. The applicant may sell or lease parcels subject to the Binding Site Plan.

20.30F.170 Planning Commission Design Review.

The authority designated in a land use approval or concomitant agreement for the Bellevue Planning Commission to review a Design Review proposal is transferred to the Director to review said Design Review proposal under this Part 20.30F. (Ord. 4972, 3-3-97, § 20; Ord. 4816, 12-4-95, § 119; Ord. 4255, 6-3-91, § 11)

20.30F.175 Modification or addition to an approved Design Review project or decision.

A.    There are two ways to modify or add to an approved project or decision: process as a new decision, or process as a Land Use Exemption.

B.    General.

Except as provided in subsection C of this section, an amendment of a previously approved project or decision is treated as a new application.

C.    Land Use Exemption for Design Review Approval.

1.    The Director may determine that an addition or modification to a previously approved project or decision is exempt from further review or review as a new application, provided the following criteria are met:

a.    The proposal does not result in any significant adverse impact beyond the site; and

b.    The proposal is within the general scope of the purpose and intent of the original approval; and

c.    The proposal complies with applicable Land Use Code requirements, and all applicable development standards, and is compatible with all applicable design criteria; and

d.    The proposal does not add square footage that is more than 20 percent of existing gross square footage; and

e.    If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage.

2.    The Director may determine that a new development outside the Downtown is exempt from review as a new application; provided, that the building form and scale of the new building or addition, regardless of size, is not visible from the right-of-way, a public park or zoned and developed single-family residential property.

D.    Conditions.

The Director may impose conditions on a Land Use Exemption to ensure that the applicable decision criteria and any conditions of the original approval are met. (Ord. 5481, 10-20-03, § 9; Ord. 4972, 3-3-97, § 21; Ord. 4816, 12-4-95, § 120)

20.30F.180 Recording required. Added Ord. 5876