23.49.180

A. General intent. This Section 23.49.180 applies to the area identified on Map A for 23.49.180 within the Pioneer Square Preservation District if an applicant elects to develop a project using the height limits in subsection 23.49.178.E.3. The purpose of this Section 23.49.180 is to provide added flexibility through an increase in the maximum height limit by providing for affordable housing, as defined in Section 23.58A.004 , to promote a high density, mixed use development that contributes to the vitality of Pioneer Square. B. Structure height. 1. The maximum structure height is 240 feet for a proposed development for which all the following is true: a. An amount of floor area in residential use equal to or greater than 2 FAR is to be provided on the lot upon completion of the project. The project applicant shall have entered into an agreement with the City that is recorded against the property prior to issuance of the MUP, in which the owner agrees to provide the amount of residential floor area on the lot specified in Subsection 23.49.180.B.1.a, and agrees that failure to provide the amount of residential floor area before the expiration of the MUP will result in the loss of the ability to use any floor area built above the otherwise applicable height limit. b. Provision is made for pedestrian circulation and for mitigation of scale and bulk impacts from the increased height through: 1) Pedestrian routes providing connections between the Weller Street pedestrian bridge and: a) Occidental Avenue S., and b) S. King Street; and 2) An open area extending through the lot aligned with the 2nd Avenue S. right-of-way and meeting the standards of subsection 23.49.180.G.6.c. c. The proposed development complies with the standards of subsections 23.49.180.C through 23.49.180.I. 2. Rooftop features. Rooftop features are allowed to exceed the maximum structure height pursuant to subsection 23.49.008.D. C. Lot area. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, the entire area identified on Map A for 23.49.180, including any areas provided as open area or setbacks, or dedicated as street right of way, shall be used to determine compliance with applicable provisions of this Section 23.49.180 and Chapter 23.58A . D. Location of uses. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, uses on the lot with a development using these height provisions are to be located on the lot as follows: 1. Commercial uses. Commercial uses are to be concentrated in the area with the most direct access to regional transit and where commercial development can buffer residential uses from rail operations at King Street Station. 2. Residential uses. Residential uses are to be concentrated close to existing housing on adjacent blocks and to contribute to a corridor of housing and amenities along Occidental Ave. S. 3. Street-level uses. Street-level uses are to be provided along street frontages and the edges of open areas aligned with adjacent street right-of-way. E. Floor area ratio (FAR) 1. Base and maximum FAR. The base FAR for all uses on a lot, except for those uses expressly exempted, is 4. The maximum FAR for all uses on a lot, except for those uses expressly exempted, is 8. 2. Limit on non-residential FAR. Non-residential chargeable floor area on a lot may not exceed an FAR of 4. 3. Affordable housing incentive. Development that includes residential use may exceed the base FAR, subject to the maximum FAR according to subsection 23.49.180.E.1, to the extent bonus floor area is achieved by providing affordable housing according to Chapter 23.58A . 4. Exemptions and deductions from FAR calculations a. The exemptions and deductions from FAR calculations specified in subsection 23.49.011.B apply, except that residential use is not exempt and is considered chargeable floor area. b. In addition to the exemptions from floor area calculations for parking in subsection 23.49.011.B.1.l, enclosed parking provided at or above grade as accessory parking for non-residential uses or as flexible-use parking replacing the surface spaces existing on the lot on June 25, 1998, is exempt from FAR calculations if it is separated from all streets abutting the lot by another use or is screened according to the provisions of subsection 23.49.180.G.9. c. Street-level uses other than residential lobbies are exempt if they meet the requirements of subsection 23.49.180.F. F. Street-level use requirements. 1. One or more of the following uses are required at street-level on all street-facing façades and street-level façades facing the open area provided in accordance with the provisions of subsection 23.49.180.G.6.c: a. General sales and services; b. Human service uses and childcare facilities; c. Retail sales, major durables; d. Entertainment uses; e. Eating and drinking establishments; and f. On each street-facing façade or façade facing an open area, up to 20 feet of a residential lobby that provides principal access to residential uses in a structure may be counted as a required street-level use. 2. General standards a. A minimum of 75 percent of each street-facing façade at street-level where street-level uses are required shall be occupied by uses listed in subsection 23.49.180.F.1. The remaining 25 percent of the street-facing façade at street-level may contain other permitted uses and/or pedestrian or vehicular entrances. b. Required street-level uses shall be located within 2 feet of the required street-facing façade or the street-level façade facing an open area, in accordance with subsection 23.49.180.G.4. c. Except for child care facilities, pedestrian access to street-level uses shall be provided directly from the street or other open area with access to a street. Pedestrian entrances shall be located no more than 3 feet above or below sidewalk grade or at the same elevation as any abutting open area. d. Required street-level uses shall be located in a space with a minimum floor-to-floor height of 13 feet. e. Required street-level uses shall be located in a space with a minimum depth of 15 feet. f. For street-level uses on a street-facing façade, the average width of a business establishment shall be 60 feet or less, and the maximum width of any single business establishment shall be 100 feet. Portions of a business that are separated from the street by another business are not limited in width. g. The gross floor area at street-level of any business establishment shall not exceed 10,000 square feet, except that if the business establishment includes a grocery store, the gross floor area at street level shall not exceed 25,000 square feet. G. Development standards. 1. Street-level setbacks. a. Locations 1) A street-level setback with an average depth of 10 feet and a minimum depth of 6 feet shall be provided from property lines that do not abut a street. 2) A street-level setback of at least 9 feet and no more than 12 feet shall be provided from the street property line along Occidental Avenue S. b. To qualify as a street-level setback, all portions of a structure must set back at street-level the required distance. c. Setback areas may be used for pedestrian routes, vehicular driveways, and to provide landscaping to meet green factor requirements pursuant to subsection 23.49.180.I. 2. Upper-level setbacks. a. The following upper-level setbacks shall be provided: 1) A minimum setback of 10 feet shall be provided from S. King Street for all portions of a structure above a height of 85 feet for a distance of at least 120 feet measured along S. King Street from the point where the street lot line intersects the eastern lot line of the lot. 2) A minimum setback of 10 feet shall be provided from S. King Street for all portions of structures above 85 feet in height for a distance of at least 330 feet along S. King Street measured from the intersection with Occidental Avenue S. 3) An average setback of 50 feet shall be provided from the eastern lot line of the lot for all portions of structures above a height of 85 feet. For the purposes of averaging, only 100 feet in depth of any setback shall be counted. 4) A minimum setback of 15 feet is provided from Occidental Avenue S. for all portions of structures above 85 feet in height. 5) A minimum setback of 30 feet is provided from Occidental Avenue S. for portions of structures above 120 feet in height. 3. Upper-level coverage limits, measured as a percentage of the total area of the lot, apply to portions of structures exceeding specified heights, in accordance with Table A for 23.49.180. Table A for 23.49.180 Upper Level Coverage Limits The maximum permitted lot coverage for all portions of structures within specified height ranges Height range Maximum permitted lot coverage for all portions of structures located at the same height within specified height range 0 - 85 feet No limit, except as required to provide open area pursuant to subsection 23.49.180.G.6 85 - 120 feet 65% 120 - 200 feet 50% Greater than 200 feet 30% 4. Street façades. Street-facing façades shall be provided on all street frontages. For purposes of this requirement, the street frontage includes the entire length of a street lot line, less any part of the street lot line where open area provided pursuant to subsection 23.49.180.G.6.c abuts the street. a. Street-facing façade height. The street-facing façades of structures shall have a minimum height of 50 feet for 75 percent of each street frontage. The minimum street-facing façade height for the remaining 25 percent of each street frontage is 35 feet. b. Street façade setbacks. 1) For each street frontage, the street-facing façade shall be built to the street lot line for a minimum of 75 percent of the street frontage. For the remaining street frontage, the street-facing façade may set back from the street lot line to provide for the following: a) street-level open area at the intersection of S. King Street and Occidental Avenue S. meeting the standards of subsection 23.49.180.G.6.a; and b) architectural treatment of the street-facing façade, including setbacks of portions of the street-facing façade up to a maximum depth of 15 feet, for principal building entrances or for architectural detailing and features of a structure that reflect the surrounding development pattern, such as the sequence of streets and alleys or the massing and articulation of historic structures on opposing block fronts. 2) Where set back, the street-facing façade is measured from a location other than the street lot line in the following instances: a) If a utility easement abutting a street lot line prevents a structure from extending to the street lot line, a street-facing façade setback shall be measured from the abutting utility easement rather than the street lot line. b) On Occidental Avenue S., a street-facing façade setback shall be measured from the setback line provided pursuant to subsection 23.49.180.G.1.a.2 rather than the street lot line. 3) The maximum length of any setback area, as measured along the street lot line, shall not exceed 60 feet. 4) Except as needed to accommodate required access to utility easements, no setback of a street-facing façade is permitted along S. King Street for 60 feet on either side of the intersection with the open area aligned with 2nd Avenue S. provided pursuant to subsection 23.49.180.G.6.c. 5. Façade modulation. For portions of structures exceeding a height of 85 feet, any street-facing façade located within 30 feet of a street lot line that exceeds a length of 120 feet shall be modulated. For the street-facing façade to exceed 120 feet, a portion of the façade shall either project forward of or set back from any other portion of the street facing façade a minimum of 10 feet measured perpendicular to the street property line for a minimum distance of 20 feet measured parallel to the street lot line. Balconies and decks are permitted within the modulated area. Modulated façades are not permitted to extend into required setbacks. 6. Open area. Open area at ground level shall be provided as follows: a. To qualify as open area at ground level, the open area shall be located and configured to allow easy pedestrian access to project occupants from streets or other abutting public spaces, including access for persons with disabilities. The open area shall be open to the sky, except as provided in this subsection 23.49.180G.6.a, and have a minimum horizontal dimension of 15 feet and a minimum area of 600 feet. The following features are exempt from the requirement that the open area be open to the sky: 1) Features in a surface parking area; 2) Temporary kiosks and pavilions; 3) Overhead weather protection attached to abutting façades; 4) Art; 5) Seating and tables; 6) Landscaping; and 7) Any similar features approved by the Director that contribute to the comfort and use of the space. b. Open area at ground level shall be provided at the following locations: 1) The intersection of Occidental Avenue S. and S. King Street, in the northwestern corner of the lot; and 2) The intersection of the lot's eastern and southern lot lines, on the southeastern corner of the lot, unless a structure with a street level use is located there. c. An open area at ground level with boundaries referred to as "edges" shall be provided in the area established by extending the street lot lines of 2nd Avenue S. through the lot from S. King Street to the southern lot line. The open area and façades abutting it shall meet the following: 1) For a minimum depth of 20 feet measured from each edge into the open area, the open area must be open for use by pedestrians and for landscaping. 2) The façades of structures abutting the open area shall have a minimum height of 35 feet and shall not set back more than five feet from the edges of the open area; 3) For a minimum distance of 120 feet along each edge of the open area, as measured from the S. King Street lot line, an upper level setback with a minimum depth of 15 feet is required for the portion of a structure that exceeds 85 feet in height. 4) Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 50 percent of the combined street-level façades facing the open area edges aligned with 2nd Avenue S. Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 25 percent of the street-level façades facing either edge of the open area. d. Open area used to satisfy this section may qualify as common recreation area to the extent permitted by subsection 23.49.010.B. 7. Façade Transparency Requirements. a. For street-facing façades abutting South King Street and Occidental Avenue South and for façades facing the open area provided pursuant to subsection 23.49.180.G.6.c, a minimum of 60 percent of the street level façade shall be transparent. b. For all other street-level façades, a minimum of 20 percent of the street level façade shall be transparent, except that transparency is not required if the street level use is parking. c. To be considered transparent, only clear, non-reflective, non-tinted glass may be used in windows, doors and display windows in that portion of the façade between 2 feet and 8 feet above the sidewalk, and in that portion of the façade, one must be able to view into the structure or into display windows from outside. 8. Blank Façade Limits. a. For all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c, blank façades shall not exceed 15 feet in width, except that 1) a blank façade may be increased to 30 feet in width if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest; and 2) the width of a blank façade that includes a garage door may exceed 15 feet but is limited to the width of the driveway plus 5 feet. The total of all blank façade segments, including garage doors, shall not exceed 40 percent of the total width of all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c. b. For all façades other than those specified in subsection 23.49.180.G.8.a, if the street level is occupied by uses other than parking, blank façades shall be limited to segments no more than 30 feet in width. Blank façade width may be increased to 60 feet if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of a blank façade that includes a garage door may exceed 30 feet but is limited to the width of the driveway plus 5 feet. If the street level is occupied by parking, the provisions for screening parking at street level in subsection 23.49.180.G.9.a apply. c. Any blank façade shall be separated by transparent areas at least 2 feet wide. Only clear, non-reflective, non-tinted glass is considered to be transparent. 9. Screening and location of parking. All parking permitted on the lot shall be enclosed within a structure, except that within the open area provided pursuant to subsection 23.49.180.G.6.c, surface parking serving abutting structures is permitted. a. Parking at street level. 1) Parking is not permitted at street level within a structure along street frontages and along the open area edges provided pursuant to subsection 23.49.180.G.6.c unless separated from the street or open area by other uses, except that garage and loading doors and access to parking need not be separated. 2) Parking is permitted at street level within a structure along lot lines that do not abut a street, subject to the following requirements: a) Parking abutting a lot line shall be screened from view at street-level except that garage and loading doors and permitted access to parking need not be screened. b) The façade facing the lot line shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features. c) If parking is located within a structure at the intersection of the eastern and southern lot lines, separation by another use is required for a minimum distance of 20 feet along one of the intersecting lot lines. b. Parking above street level. 1) On the portion of the lot west of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is not permitted above street level along street frontages and along the western edge of the open area unless separated from the street or open area by another use. Parking is permitted above street level along other lot lines for a maximum of four stories. 2) On the portion of the lot east of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is permitted in portions of a structure above 20 feet in height along S. King Street and in portions of a structure above the first story along other frontages for a maximum of four stories. 3) For all parking located on stories above street level that is not separated from the street by another use, screening of the parking through materials, fenestration, and other architectural treatments is required. The screening shall be designed as an extension of the primary façade of the structure and to provide visual interest. H. The applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D . I. Green Factor Requirement. The project shall achieve a green factor score of .30 or greater in accordance with the provisions of Section 23.86.019 . J. Development standard departures. As a special exception pursuant to Section 23.76.004 , the Director may waive or modify those development standards in Section 23.49.180 that would be eligible for departures through the design review process pursuant to Section 23.41.012 , if they were applicable to a project subject to that process. The Director shall consult with the Pioneer Square Preservation Board and the Director of the Department of Neighborhoods prior to making a decision on a requested modification or waiver. The Director may grant a waiver or modification only if the Director determines that it will cause the project to better meet the intent of this Section 23.49.180 and the Design Guidelines for New Construction on the North Lot in Pioneer Square, as adopted by the Pioneer Square Preservation Board. (Ord. 126855 , § 37, 2023; Ord. 125558 , § 35, 2018; Ord. 125163 , § 14, 2016; Ord. 123034, § 4, 2009)