23.58A.040

A. Findings. The City Council finds that: 1. Amenities, including public open space, are an important aspect of livability in areas targeted in the Comprehensive Plan for concentrated housing and employment growth. 2. Developments that add density will increase demand for public open space. If additional public open space is voluntarily provided to offset additional demand, the impacts on available open space resources will be mitigated. 3. Within Highrise zones, the average amount of public open space, including breathing room open space, needed to accommodate residential development is at least 0.14 square feet of open space per gross square foot of residential floor area in a development. B. Voluntary agreements for amenities. Where expressly permitted by the provisions of the zone, an applicant may achieve bonus floor area in part through a voluntary agreement for provision of amenities to mitigate impacts of the development, subject to the limits in this Chapter 23.58A . 1. Except where limited in the provisions of the zone, amenities that may be provided for bonus floor area include: a. Neighborhood open space; b. Green street setbacks on lots abutting designated green streets; c. Green street improvements; d. Mid-block corridor; and e. Hillside terrace. 2. The amenities listed in subsection 23.58A.040.B.1 are referred to as "open space amenities" in this Section 23.58A.040 . Mitigation of impacts identified in subsection 23.58A.040.A may be achieved by providing the amenity on the same lot as the development using the bonus floor area or, for green street improvements, in the right-of-way 1/4 mile of the development using the bonus floor area (the performance option), by a payment-in-lieu of providing the amenity on- or off-site (payment option), or both. 3. Amenities provided as part of street vacations may not be counted as amenities for the purpose of achieving extra floor area. C. Performance option 1. General provisions a. An applicant electing to use the performance option shall provide the amenity on the same lot as the development using the bonus floor area, except as follows: 1) The amenity is located on a lot that is included in a combined lot development or a lot that is specified according to a Council approved development agreement that is expressly permitted by the provisions of the zone; 2) The amenity is a green street improvement that is provided on a designated green street within 1/4 mile of the lot; or 3) The amenity is a neighborhood open space in an SM-U zone that is provided to satisfy the open space requirement for a large lot development under Section 23.48.650 on a site other than the project site in accordance with subsection 23.48.650.B.11. The off-site open space provided to meet the open space requirement on the project site shall not be used to meet the open space requirement or to provide a bonus for extra floor area for any other lot other than the project site. b. The maximum area of any amenity or combination of amenities provided on a lot eligible for a bonus is established in this subsection 23.58A.040.C and may be further limited by Sections 23.58A.012 , 23.58A.022 , or the provisions of the zone. Open space amenities shall meet the standards of this subsection 23.58A.040.C in order to qualify for bonus floor area, except as may be authorized by the Director under subsection 23.58A.040.C.5. An open space amenity may also qualify as a required residential amenity or other open space requirement to the extent permitted by the provisions of the zone. 2. Amenities in Downtown zones in South Downtown: a. In Downtown zones in South Downtown, in order to qualify for bonus residential floor area, amenity features shall satisfy the eligibility conditions of the Downtown Amenity Standards, except as provided in subsection 23.58A.040.C.2.b, and shall be consistent with the guidelines of the Downtown Amenity Standards. b. The Director may allow modifications from the eligibility conditions of the Downtown Amenity Standards, as a Type I decision, if the applicant demonstrates that the amenity better achieves the intent of the Downtown Amenity Standards for that amenity feature, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards. c. The Director may condition the approval of an amenity as provided in the Downtown Amenity Standards. 3. Bonus ratio. Unless otherwise specified in the provisions of the zone, amenities may be used to gain bonus floor area according to the following ratios and subject to the limits of this Section 23.58A.040 : a. For a neighborhood open space, 7 square feet of bonus floor area per 1 square foot of qualifying neighborhood open space area (7:1). b. For a green street setback, 5 square feet of bonus floor area per 1 square foot of qualifying green street setback area (5:1). c. For a green street improvement, 5 square feet of bonus floor area per 1 square foot of qualifying green street improvement area (5:1). d. For a mid-block corridor, 7 square feet of bonus floor area per 1 square foot of qualifying mid-block corridor area (7:1). e. For a residential or non-residential hillside terrace, 5 square feet of bonus floor area per 1 square foot of qualifying hillside terrace area (5:1). 4. Maximum open space amenity in Highrise zone. In the Highrise zone, the amount of open space amenity for which bonus floor area may be allowed shall not exceed the lesser of the amount required to mitigate the impact created by the total bonus residential floor area in the development, or 15,000 square feet. For purposes of this Section 23.58A.040 , the amount of open space required to mitigate that impact in the Highrise zone is 0.14 square feet of open space amenity per square foot of bonus residential floor area, unless the Director determines, as a Type I decision, that a different ratio applies based on consideration of one or both of the following: a. The overall number or density of people anticipated to use or occupy the structure in which bonus floor area will be located, in relation to the total floor area of the structure, is different from the density level of approximately 1.32 persons per 1,000 residential gross square feet, which was used to establish the ratio in subsection 23.58A.040.C, such that a different amount of open space is needed to mitigate the impacts of development; b. Characteristics or features of the development mitigate the impacts that the anticipated population using or occupying the structure in which bonus floor area will be located would otherwise have on open space needs. 5. Standards for open space amenities. The following standards apply to open space amenities, except as otherwise specifically stated in the provisions of the zone. a. Public access 1) Public access for open space amenities in downtown zones is regulated pursuant to subsection 23.58A.040.C.2. 2) Except for green street improvements, open space amenities not in downtown zones shall be open to the public, without charge, each day of the year for a minimum of ten hours each day for a neighborhood open space and for a mid-block corridor in SM-U zones in the University District Regional Center, and 24 hours each day of the year for a green street setback. The hours of public access identified above shall be during daylight hours, unless there are insufficient daylight hours, in which case the open space shall also be open during nighttime hours for the balance of the hours the open space is to remain open. Public access may be limited temporarily during hours that are otherwise required to be open to the public for necessary maintenance or for reasons of public safety. 3) Within the open space, property owners, tenants, and their agents shall allow members of the public to engage in activities allowed in the public sidewalk environment, except that those activities that would require a street use permit if conducted on the sidewalk may be excluded or restricted. Free speech activities such as hand billing, signature gathering, and holding signs, all without obstructing access to the space, any building, or other adjacent features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities, members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others unless the space is being closed to the general public consistent with this subsection 23.58A.040.C. No parking, storage, or other use may be established on or above the surface of the open space except as provided in subsection 23.58A.040.C.5.b.2.f. Use by motor vehicles of open space for which bonus floor area is granted is not permitted. The open space shall be identified clearly with the City's public open space logo on a plaque placed at a visible location at each street entrance providing access to the amenity. The plaque shall indicate, in letters legible to passersby, the nature of the bonus amenity, its availability for general public access, and additional directional information as needed. b. Standards for neighborhood open space 1) Neighborhood open space in downtown zones in South Downtown is regulated pursuant to subsection 23.58A.040.C.2. 2) Neighborhood open space not in downtown zones used to qualify for bonus floor area shall meet the conditions in this subsection 23.58A.040.C.5.b.2, unless a modification is allowed by the Director as a Type I decision, based on the Director's determination that, relative to the strict application of the standards, the exception will result in improved public access and use of the space or a better integration of the space with surrounding development. a) The open space shall comply with the applicable provisions of this Section 23.58A.040 . The open space shall consist of one continuous area with a minimum of 3,000 square feet and a minimum horizontal dimension of 10 feet. b) A minimum of 35 percent of the open space shall be landscaped with grass, ground cover, bushes, and/or trees. c) Either permanent or movable seating in an amount equivalent to 1 lineal foot for every 200 square feet of open space shall be available for public use during hours of public access. d) The open space shall be located and configured to maximize solar exposure to the space, allow easy access from streets or other abutting public spaces, including access for persons with disabilities, and allow convenient pedestrian circulation through all portions of the open space. The open space shall have a minimum frontage of 30 feet at grade abutting a sidewalk, and be visible from sidewalks on at least one street. e) The open space shall be provided at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected and accessible to persons with disabilities. f) Up to 20 percent of the open space may be covered by elements accessory to public use of the open space, including: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following elements within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director. Seating or tables, or both, may be provided and reserved for customers of restaurants or other uses abutting the open space, but the area reserved for customer seating shall not exceed 15 percent of the open space area or 500 square feet, whichever is less. c. Standards for green street setbacks 1) Green street setbacks in downtown zones in South Downtown are regulated pursuant to subsection 23.58A.040.C.2. 2) Green street setbacks in downtown zones outside South Downtown are regulated pursuant to Section 23.49.013 . 3) Green street setbacks not in downtown zones shall meet the following standards: a) Where permitted by the provisions of the zone, bonus floor area may be gained for green street setbacks by development on lots abutting those street segments that are listed or shown as green streets in the provisions of the zone. b) A green street setback shall be provided as a setback from a lot line abutting a designated green street. The setback shall be continuous for the length of the frontage of the lot abutting the green street, and a minimum of 50 percent of the setback area shall be landscaped. The area of any driveways in the setback area is not included in the bonusable area. For area eligible for a bonus, the average setback from the abutting green street lot line shall not exceed 10 feet, with a maximum setback of 15 feet. The design of the setback area shall allow for public access, such as access to street-level uses in abutting structures or access to areas for seating. The Director may approve a modification to the standards in this subsection 23.58A.040.C.5.c.3.b as a Type I decision, based on the Director's determination that the modification is consistent with a green street concept plan, if one exists, established in accordance with Director's Rule 11-2007, or a successor rule. d. Standards for green street improvement. Green street improvements used to qualify for bonus floor area shall be located on a designated green street and shall meet the standards of a city-approved streetscape concept plan or other design document approved by the Director. e. Standards for mid-block corridor 1) Mid-block corridors used to qualify for bonus floor area in downtown zones in South Downtown are regulated pursuant to subsection 23.58A.040.C.2. 2) Mid-block corridors used to qualify for bonus floor area in the Mount Baker Station Area must meet the requirements in the Downtown Amenity Standards. 3) Mid-block corridors used to qualify for bonus floor area in the SM-U zones within the University District Regional Center shall meet the applicable requirements of this subsection 23.58A.040.C and the requirements of subsection 23.48.640.E. f. Standards for hillside terraces. A hillside terrace used to qualify for bonus floor area in South Lake Union Regional Center or in downtown zones in South Downtown is regulated pursuant to subsection 23.58A.040.C.2. g. Declaration. If open space is to be provided for purposes of obtaining bonus floor area, the owners of the lot using the bonus floor area, and of the lot where the open space is provided, if different, shall execute and record a declaration and voluntary agreement in a form acceptable to the Director identifying the bonus amenities; acknowledging that the right to develop and occupy a portion of the gross floor area on the lot using the bonus floor area is based upon the long-term provision and maintenance of the open space and that development is restricted in the open space; and committing to provide and maintain the open space. h. Identification 1) Open space amenities in downtown zones in South Downtown shall meet the identification conditions of the Downtown Amenity Standards. 2) Open space amenities not in downtown zones shall be identified clearly with the City's public open space logo on a plaque placed at a visible location at each street entrance providing access to the amenity. The plaque shall indicate, in letters legible to passersby, the nature of the bonus amenity, its availability for general public access, and additional directional information as needed. i. Duration; alteration. Except as provided for in this subsection 23.58A.040.C.5.i, the owners of the lot using the bonus floor area and of the lot where the open space amenity is located, if different, including all successors, shall provide and maintain the open space amenities for which bonus floor area is granted, in accordance with the applicable provisions of this Section 23.58A.040 , for as long as the bonus floor area gained by the open space amenities exists. An open space amenity for which bonus floor area has been granted may be altered or removed only to the extent that either or both of the following occur, and alteration or removal may be further restricted by the provisions of the zone and by conditions of any applicable permit: 1) The bonus floor area permitted in return for the specific open space amenity is removed or converted to a use for which bonus floor area is not required under the provisions of the zone; or 2) An amount of bonus floor area equal to that allowed for the open space amenity that is to be altered or removed is provided through alternative means consistent with the provisions of the zone and provisions for allowing bonus floor area in this Chapter 23.58A . D. Payment option 1. There is no payment-in-lieu option for open space amenities other than neighborhood open space. 2. Payment-in-lieu of providing neighborhood open space a. In lieu of all or part of the performance option for neighborhood open space, an applicant may pay to the City an amount determined pursuant to this subsection 23.58A.040.D if the Director determines that the payment will contribute to public open space improvements abutting the lot or in the vicinity; that the improvements will meet the additional need for open space caused by the development and are feasible within a reasonable time; and that the applicant agrees to the specific improvements or to the general nature and location of the improvements. b. The amount of the payment is determined by multiplying the number of square feet of land that would be provided as neighborhood open space, by the sum of an estimated land value per square foot based on recent transactions in the area and an average square foot cost for open space improvements. The dollar amount per square foot shall be determined by the Director based on any relevant information submitted by the applicant, and any other data related to land values and costs that the Director considers reliable. c. Cash payments shall be made prior to issuance and as a condition to issuance of any permit after the first building permit for a development and before any permit for any construction activity other than excavation and shoring is issued. d. Any payment-in-lieu of providing neighborhood open space shall be deposited in a dedicated fund or account solely to support acquisition or development of public open space within 1/4 mile of the lot using the bonus floor area, or within another area prescribed by the provisions of the zone, or at another location where the applicant and the Director agree that it will mitigate the direct impacts of the development, and the payment shall be expended within five years of receipt for such purposes. (Ord. 127375 , § 93, 2025; Ord. 125267 , § 27, 2017; Ord. 125173 , § 9, 2016; Ord. 124513, § 9, 2014; Ord. 124172, § 60, 2013.)