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AN ORDINANCE relating to development regulations in North Highline; amending Ordinance 17841, Section 5, as amended, and K.C.C 20.20.030, Ordinance 19146, Section 48, as amended, and K.C.C 21A.12.030 and Ordinance 17539, Section 34, as amended, and K.C.C 21A.12.040, adding new sections to K.C.C. chapter 21A.06, and adding a new chapter to K.C.C. Title 21A.

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                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:

                     A.  The North Highline Community Service Area Subarea Plan was adopted in Ordinance 19555.

                     B.  Policy NH-13 called for urban design standards for nonresidential, multifamily, and mixed-use development in North Highline, to "enrich the area's urban form and character."

                     C.  The urban design standards adopted in this ordinance implement policy NH-13 and provide clear and objective development regulations regarding the exterior design of buildings in North Highline.  The design review process established in this ordinance is integrated with the existing permit review process for new and substantially improved development.

                     SECTION 2.  Ordinance 17841, Section 5, as amended, and K.C.C 20.20.030 are hereby amended to read as follows:

                     A.1.  Except as otherwise provided in subsection A.2. of this section, before filing a permit application, the applicant shall contact the department to schedule a presubmittal project review to discuss the application requirements with the applicant and provide comments on the development proposal.  The department shall credit any fees charged for the presubmittal project review towards the permit application fees provided for in K.C.C. Title 27.

                       2.  A presubmittal project review is not required for over-the-counter permits or for proposals that require a mandatory preapplication conference under subsection B. of this section.

                     B.  Before filing a permit application requiring a Type 2, 3, or 4 decision, or a Type 1 land use decision required to comply with the North Highline urban design standards in K.C.C. chapter 21A.xx (the chapter established in section 8 of this ordinance), the applicant shall contact the department to schedule a preapplication conference, which shall be held before filing the application.  The purpose of the preapplication conference is to review and discuss the application requirements with the applicant and provide comments on the development proposal.  The preapplication conference shall be scheduled by the department, at the request of an applicant, and shall be held within approximately thirty days from the date of the applicant's request.  The department shall assign a project manager following the preapplication conference.  The director may waive the requirement for a preapplication conference if the director determines the preapplication conference is unnecessary for review of an application.  Nothing in this section shall be interpreted to require more than one preapplication conference or to prohibit the applicant from filing an application if the department is unable to schedule a preapplication conference within thirty days following the applicant's request.

                     C.  Information presented at or required resulting from the preapplication conference shall be valid for a period of one year following the preapplication conference.  An applicant wishing to submit a permit application more than one year following a preapplication for the same permit application shall be required to schedule another preapplication conference.

                     D.  At or subsequent to a preapplication conference, the department may issue a preliminary determination that a proposed development is not permissible under applicable county policies or regulatory enactments.  In that event, the applicant shall have the option to appeal the preliminary determination to the hearing examiner in the manner provided for a Type 2 permit, as an alternative to proceeding with a complete application.  Mailed and published notice of the appeal shall be provided for as in K.C.C. 20.20.060.H. and I.

                     SECTION 3.  Ordinance 19146, Section 48, as amended, and K.C.C 21A.12.030 are hereby amended to read as follows:

                     A.  Densities and dimensions - residential and rural zones.

                     B.  Development conditions.

                       1.  This maximum density may be achieved only through the application of:

                         a.  residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer; or

                         b.  ((F))for properties within the Skyway-West Hill or North Highline community service area subarea geographies, only as provided in the inclusionary housing regulations in K.C.C. chapter 21A.48.

                       2.  Also see K.C.C. 21A.12.060.

  3.  These standards may be modified under the provisions for zero-lot-line and townhouse developments.

  4.a.  Portions of a structure may exceed the base height if one additional foot of street and interior setback is provided for each foot above the base height limit.  The following restrictions apply:

                             (1)  for netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges, the maximum height shall not exceed seventy-five feet, except for recreation or multiuse parks, where the maximum height shall not exceed one hundred twenty-five feet, unless a golf ball trajectory study requires a higher fence.  All such netting, fencing, and support structures are exempt from the additional interior setback requirement, regardless of whether located in a recreation or multiuse park;

                           (2)  properties within the Skyway-West Hill or North Highline community service area subarea geographies shall not increase height through this method; and

                           (3)  for all other structures, the maximum height achieved through this method shall not exceed seventy-five feet.

                         b.  Accessory dwelling units and accessory living quarters shall not exceed base heights, except that this requirement shall not apply to accessory dwelling units constructed wholly within an existing dwelling unit.

                       5.  Applies to each individual lot. Impervious surface area standards for:

                         a.  Regional uses shall be established at the time of permit review;

                         b.  Nonresidential uses in rural area and residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220;

                         c.  Individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and

                         d.  A lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.

                       6.  Mobile home parks shall be allowed a base density of six dwelling units per acre.

                       7.  The standards of the R-4 zone apply if a lot is less than fifteen thousand square feet in area.

                       8.  At least twenty linear feet of driveway shall be provided between any garage, carport, or other fenced parking area and the street property line.  The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport, or fenced area to the street property line.

                       9.a.  Residences shall have a setback of at least one hundred feet from any property line adjoining A, M, or F zones or existing extractive operations.  However, residences on lots less than one hundred fifty feet in width adjoining A, M, or F zones or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width.

    b.  Except for residences along a property line adjoining A, M, or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone.

                       10.a.  For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA, and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet.

                         b.  For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA, and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located.

                       11.  Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone.  For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet.  On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2.

                       12.  For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087.

                       13.  The minimum lot area does not apply to lot clustering proposals as provided in K.C.C. chapter 21A.14.

                       14.  This maximum height is only allowed as follows:

                         a.  in R-6 and R-8 zones, for a building with a footprint built on slopes exceeding a fifteen percent finished grade; and

                         b.  in R-18, R-24, and R-48 zones:

                           (1)  for properties within the Skyway-West Hill or North Highline community service area subarea geographies, only if meeting the requirements of K.C.C. chapter 21A.48; or

                           (2)  for all other properties, using residential density incentives and transfer of density credits in accordance with this title.

                       15.  Density applies only to dwelling units and not to sleeping units.

                       16.  Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway.

                       17.a.  All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains:

                           (1)  a floodplain;

                           (2)  a critical aquifer recharge area;

                           (3)  a regionally or locally significant resource area;

                           (4)  existing or planned public parks or trails, or connections to such facilities;

                           (5)  a category type S or F aquatic area or category I or II wetland;

                           (6)  a steep slope; or

                           (7)  an urban separator or wildlife habitat network designated by the Comprehensive Plan or a community plan.

                         b.  The development shall be clustered away from critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site.  Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040.  On-site critical area and buffers and designated urban separators shall be placed within the open space tract to the extent possible.  Passive recreation, with no development of recreational facilities, and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract.

                       18.   See K.C.C. 21A.12.085.

                       19.  All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat.  Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat.  Impervious surface of roads need not be counted towards the allowable impervious area.  Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required.

                       20.  This density may only be achieved on RA 2.5 zoned parcels receiving density from rural forest focus areas through a transfer of density credit pursuant to K.C.C. chapter 21A.37.

                       21.  Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959.

                       22.a.  The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City.

                         b.  For properties within the Skyway-West Hill or North Highline community service area subarea geographies, only as provided in the inclusionary housing regulations in K.C.C. chapter 21A.48.

                       23.  The minimum density requirement does not apply to properties located within the Rural Town of Fall City.

                       24.  The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808* on file at the department of natural resources and parks and the department of local services, permitting division.  Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808*, by more than ten percent.

                       25.  For cottage housing developments only:

                         a.  The base height is twenty-five feet.

                         b.  Buildings that have pitched roofs with a minimum slope of six over twelve may achieve a maximum height of thirty feet at the ridge of the roof.

                       26.  Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control.

                       27.a.  For properties within the Skyway-West Hill or North Highline community service area subarea geographies, only in accordance with the inclusionary housing regulations in K.C.C. chapter 21A. 48.

                         b.  For all other properties, only in accordance with K.C.C. 21A.34.040.F.1.g., F.6. or K.C.C. 21A.37.130.A.2.

                       28.  On a site zoned RA with a building listed on the national register of historic places, additional dwelling units in excess of the maximum density may be allowed under K.C.C. 21A.12.042.

                       29.  Height and setback requirements shall not apply to regional transit authority facilities.

                       30.  Properties within the North Highline community service area subarea geography shall meet the setback and GreenCenter requirements in K.C.C. chapter 21A.XX (the new chapter created in section 8 of this ordinance).

                     SECTION 4.  Ordinance 17539, Section 34, as amended, and K.C.C 21A.12.040 are hereby amended to read as follows:

A.                     Densities and dimensions - resource and commercial/industrial zones.

                     B.  Development conditions.

                       1.  In the RB zone on property located within the Potential Annexation Area of a rural city, this density is not allowed.

                       2.  These densities are allowed only through the application of mixed-use development standards and, in the NB zone on property in the urban area designated commercial outside of center, for stand-alone townhouse development.

                       3.  These densities may only be achieved:

                         a.  for properties within the Skyway-West Hill or North Highline community service area subarea geographies, as provided in the inclusionary housing regulations in K.C.C. chapter 21A. 48; or

                         b.  for all other properties, through the application of residential density incentives or transfer of development rights in mixed-use developments and, in the NB zone on property in the urban area designated commercial outside of center, for stand-alone townhouse development.  See K.C.C. chapters 21A.34 and 21A.37.

                       4.a.  in the F zone, scaling stations may be located thirty-five feet from property lines.  Residences shall have a setback of at least thirty feet from all property lines.

                         b.  for lots between one acre and two and one-half acres in size, the setback requirements of the R-1 zone shall apply.  For lots under one acre, the setback requirements of the R-4 zone shall apply.

                         c.  for developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA, and UR zones.

                       5.  Gas station pump islands shall be placed no closer than twenty-five feet to street front lines.

                       6.  This maximum height allowed only for mixed-use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area.

                       7.  Required on property lines adjoining rural area and residential zones.

                       8.  Required on property lines adjoining rural area and residential zones for industrial uses established by conditional use permits.

                       9.  The floor-to-lot ratio for mixed use developments shall conform to K.C.C. chapter 21A.14 or if meeting the requirements of K.C.C. chapter 21A.48.

                       10.  Portions of a structure may exceed the base height if one additional foot of street and interior setback is provided for each foot above the base height.  The following restrictions apply:

                         a.  for netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges, the maximum height shall not exceed seventy-five feet.  All such netting, fencing, and support structures are exempt from the additional interior setback requirement;

                         b.  properties within the Skyway-West Hill or North Highline community service area subarea planning geographies shall not increase height through this method[;]

                         c.  mixed use developments outside the Skyway-West Hill or North Highline community service subarea geographies are not subject to a height restriction when using this method; and

                         d.  for all other structures, the maximum height achieved through this method shall not exceed seventy-five feet.

                       11.  Applicable only to lots containing less than one acre of lot area. Development on lots containing less than fifteen thousand square feet of lot area shall be governed by impervious surface standards of the nearest comparable R-4 through R-8 zone.

                       12.  See K.C.C. 21A.22.060 for setback requirements in the mineral zone.

                       13.  The impervious surface area for any lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.

                       14.  Required on property lines adjoining rural area and residential zones unless a stand-alone townhouse development on property designated commercial outside of center in the urban area is proposed to be located adjacent to property upon which an existing townhouse development is located.

                       15.a.  For properties within the Skyway-West Hill or North Highline community service area subarea geographies, only as provided in the inclusionary housing regulations in K.C.C. chapter 21A.48.

                         b.  For all other properties, only as provided for walkable communities under K.C.C. 21A.34.040.F.8. well-served by transit or for mixed-use development through the application of rural area and residential density incentives under K.C.C. 21A.34.040.F.1.g.

                       16.a.  For properties within the Skyway-West Hill or North Highline community service area subarea geographies, only as provided in the inclusionary housing regulations in K.C.C. chapter 21A.48.

                         b.  For all other properties, only for mixed-use development through the application of residential density incentives under K.C.C. chapter 21A.34 or the transfer of development rights under K.C.C. chapter 21A.37.  In the RB zone on property located within the Potential Annexation Area of a rural city, this density is not allowed.

                       17.a.  For properties within the Skyway-West Hill or North Highline community service area subarea geographies, only as provided in the inclusionary housing regulations in K.C.C. chapter 21A.48.

                         b.  For all other properties, only for mixed-use development through the application of residential density incentives under K.C.C. chapter 21A.34 or the transfer of development rights under K.C.C. chapter 21A.37.  Upper-level setbacks are required for any facade facing a pedestrian street for any portion of the structure greater than forty-five feet in height.  The upper-level setback shall be at least one foot for every two feet of height above forty-five feet, up to a maximum required setback of fifteen feet.  The first four feet of horizontal projection of decks, balconies with open railings, eaves, cornices, and gutters shall be permitted in required setbacks.  In the RB zone on property located within the Potential Annexation Area of a rural city, this density is not allowed.

                       18.  Required on property lines adjoining rural area and residential zones only for a social service agency office reusing a residential structure in existence on January 1, 2010.

                       19.  On a site zoned A with a building designated as a county landmark in accordance with the procedures in K.C.C. 20.62.070, additional dwelling units in excess of the maximum density may be allowed under K.C.C. 21A.12.042.

                       20.  This maximum height allowed only for properties within the Skyway-West Hill or North Highline community service area subarea geographies, if meeting the requirements of K.C.C. chapter 21A.48. 

                       21.  Properties within the North Highline community service area subarea geography shall meet the setback and GreenCenter requirements in K.C.C. chapter 21A.XX (the new chapter created in section 8 of this ordinance).

                     NEW SECTION.  SECTION 5.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

                     Forecourt:  The open area forming an entrance plaza for a single building or several buildings in a group.

                     NEW SECTION.  SECTION 6.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

                     Midblock connection:  An at-grade pedestrian, cycling, or vehicle connection that is accessible to the public and extends through a block, parcel, or lot, and includes but is not limited to a walkway, path, street, or limited access route through public or private land.

                     NEW SECTION.  SECTION 7.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

                     Tree canopy spread:  Diameter of the tree crown delineated by the outermost branches of the tree.

                     NEW SECTION. SECTION 8.  Sections 9 through 19 of this ordinance should constitute a new chapter in K.C.C. Title 21A.

                     NEW SECTION.  SECTION 9.

                     A.  The North Highline urban design standards are hereby established.  The purpose of the North Highline urban design standards is to implement the vision of North Highline for its future as described in the North Highline community service area subarea plan and the intent in subsection B. of this section.

                     B.  The intent of the North Highline urban design standards relating to site design, building design, urban form, and neighborhood character include:

                       1.  Development is based on an understanding of the physical and cultural context of the neighborhood and the North Highline community service area subarea;

                       2.  Development prioritizes compatibility with the existing scale of the neighborhood, walkability, and generous landscaping;

                       3.  Development results in a streetscape that is attractive and comfortable for moving through the neighborhood and spending time in it, reflects the character of the neighborhood, and supports neighborhood activities and businesses;

                       4.  Development keeps the neighborhood’s diversity visible and promotes distinctive, unique designs through architectural features, signage, art, landscape, and amenities such as seating, lighting, and ornament; and

                       5.  Stormwater and landscape design connect the urban environment to the natural systems with designs that are both functional and beautiful.

                     NEW SECTION.  SECTION 10.

                     A.  This chapter only applies to the North Highline community service area subarea as follows:

                       1.  All new or substantially improved development in the CB, NB, RB, O, R-12, R-18, R-24, and R-48 zones; and

                       2.  Modification to any structure that affects its exterior appearance in the White Center unincorporated activity center land use designation, except for single detached dwelling units.

                     B.  New or substantially improved development with less than six dwelling units is exempt from this chapter.

                     C.  Where a conflict exists between this chapter and other provisions in this title, this chapter applies.

                     NEW SECTION.  SECTION 11.

                     A.  A preapplication conference, in accordance with K.C.C. 20.20.030, is required for all projects subject to the North Highline urban design standards.  The applicant shall submit the following information to the department with a request to schedule a preapplication conference:

                       1.  Questions for department staff;

                       2.  A project narrative explaining how the preliminary design addresses the intent of the North Highline urban design standards in section 9 of this ordinance, responds to the context analysis required in subsection A.3. of this section, and meets the design standard requirements in this chapter.  The department shall provide a template for the project narrative;

                       3.  A context analysis that documents an understanding of the urban form and neighborhood character of the project site.  The context analysis shall include:

                         a.  discussion of neighborhood demographics;

                         b.  inventory of historic structures, local businesses, artwork, landmarks, and culturally significant elements, including a map of those features within five hundred feet of the site;

                         c.  analysis of the current uses within five hundred feet of the site, including building footprints, existing businesses, private and public lands, and any public facilities;

                         d.  location and dimensions of existing public rights-of-way, including streets, sidewalks, and parking areas; landscape features; and drainage elements; and

                         e.  identification of street type and frontage type as required by section 12 of this ordinance.

                       4.  A site plan, which shall include:

                         a.  location of the property, with a vicinity map showing cross street;

                         b.  address, if an address has been assigned;

                         c.  parcel number or numbers;

                         d.  zoning of parcel or parcels and adjacent parcel or parcels;

                         e.  north arrow and scaled dimensions;

                         f.  existing and proposed building footprints, with overhangs and projections;

                         g.  existing and proposed grade contours;

                         h.  site area in square feet or acres of the project site;

                         i.  area of either disturbance or development, or both, including utilities, septic, and internal circulation, as needed;

                         j.  existing and proposed easements, including ingress, egress, utilities, or drainage; and

                         k.  critical areas and their buffers;

                         l.  proposed locations for artwork and neighborhood expression;

                         m.  proposed pedestrian amenities and bicycle facilities;

                         n.  proposed barrier-free access;

                         o.  proposed parking quantity, location, and access point or points;

                         p.  proposed landscape concept;

                         q.  proposed stormwater design;

                         r.  proposed approach to managing waste and recycling;

                         s.  quantity, location, and quality of an on-site recreation area, or areas, if proposed;

                         t.  phasing, if proposed; and

                       5.  A building plan, which shall include:

                         a.  architectural intent and proposed building design including elevations, façade details, colors, and materials; and

                         b.  proposed building uses.

                     B.  After at least one preapplication conference, and before filing an application with the department, the applicant shall hold at least one community meeting in accordance with K.C.C. 20.20.035.  In addition to the requirements of K.C.C. 20.20.035, the applicant shall:

                       1.  Create a web-based community input survey to solicit feedback on the proposed development from the North Highline community for twenty-one days.  The applicant shall notify via email a list of parties of interest and notify by mail residents within five hundred feet of the site at least one week before the beginning of the feedback period.  The department shall establish a template for the web-based community input survey.  The web-based community input survey shall:

                         a.  present the context analysis, preliminary site plan, and preliminary building plan required in subsection A. of this section for solicitation of community feedback;

                         b.  be capable of accepting community feedback within the webpage; and

                         c.  be accessible for those who are visually impaired and include translations to the top three non-English languages within North Highline as determined by the department; and

                       2.  Provide a list of community meeting attendees and commenters on the community input survey and proof of those who received emailed and mailed notice to the department.

                     C.  Preapplication review shall remain open until the applicant has held the required community meeting and the twenty-one-day community input survey window is closed.

                     D.  As part of a complete permit application, the applicant shall provide, in addition to that which is required under K.C.C. 20.20.040, the following:

                       1.  A memorandum of how the proposal incorporates community feedback.  For feedback that was not incorporated into the project, the memorandum shall state why the input was not addressed.  The memorandum shall include an appendix that contains all the community input received by the application; and

                       2.  An updated project narrative demonstrating how the proposal addresses the intent of the North Highline urban design standards in section 9 of this ordinance and meets the design standards in this chapter.

                     E.  The department shall review the community feedback on the project's design, the project's alignment with the intent of the North Highline urban design standards in section 9 of this ordinance, and the project's consistency with the design standards in this chapter.  The department's design review decision shall be made as part of the final decision on the underlying development proposal.  Where a modification to a structure requires design review under section 10.A.2. of this ordinance but no other permit is required, the department's design decision shall be a Type 1 land use decision.

                     NEW SECTION.  SECTION 12.

                     A.  For each street frontage, the street type shall be classified based on the following order:

                       1.  Arterial:  streets with a classification of principal, minor, or collector arterial, excluding core street as described in subsection A.4. of this section;

                       2.  Local mixed use:  two-lane, nonarterial streets adjacent to CB, NB, RB, and O zones;

                       3.  Local residential:  nonarterial streets adjacent to R-12, R-18, R-24, and R-48 zones; and

                       4.  Core street:  both sides of 16th Avenue Southwest in the White Center unincorporated activity center from Southwest Roxbury Street at the north to Southwest 100th Street at the south.

                     B.  Where a building or site is located on multiple street frontages:

                       1.  The portion of the building facing the higher-order street shall be designated the primary street frontage; and

                       2.  The portion of the building facing the lower-order street or streets shall be designated the secondary street frontage.

                     C.  Based on the street type identified in subsection A. of this section, the following frontage types are allowed: 

                       1.a.  Main street building frontage:  a main street building frontage, an example of which is shown in the figure in subsection C.1.b. of this section, is characterized by a well-articulated, pedestrian-oriented facade that abuts the sidewalk, multiple at-grade building entrances for businesses, and public features that support sidewalk activation.  Main street building frontages have substantial glazing on the ground floor and provide weather protection for pedestrians on the sidewalk.

                         b.  Main street building frontage figure:

                         c.  Buildings with a main street building frontage are subject to the following:

                         d.  New and substantially improved buildings that are the main street building frontage type shall provide at least one of the following amenities near the sidewalk for every fifty linear feet of street frontage:

                           (1)  seating space;

                           (2)  supplemental area lighting;

                           (3)  drinking fountain;

                           (4)  waste receptacle;

                           (5)  artwork or decorative landmark;

                           (6)  kiosk suitable for temporary community-oriented notices;

                           (7)  raised planter;

                           (8)  bike rack; or

                           (9)  other amenities appropriate to the space acceptable to the director;

                       2.a.  Forecourt building frontage:  a forecourt building frontage, an example of which is shown in the figure in subsection C.2.b. of this section, is characterized by a well-articulated, pedestrian-oriented façade centered around a plaza or gathering space that includes a garden, outdoor seating, or other pedestrian amenities.  A forecourt is created by recessing a portion of the facade for a portion of the building frontage.  A forecourt building frontage is suitable for commercial or residential uses.

                         b.  Forecourt building frontage figure:

                         c.  Buildings with a forecourt building frontage are subject to the following:

                         d.  New and substantially improved buildings that are the forecourt building frontage type shall provide at least two of the following amenities in the forecourt area:

                           (1)  seating space;

                           (2)  supplemental area lighting;

                           (3)  water feature or decorative drinking fountain;

                           (4)  waste receptacle;

                           (5)  artwork or decorative landmark;

                           (6)  kiosk suitable for temporary community-oriented notices;

                           (7)  raised planter;

                           (8)  bike rack; or

                           (9)  other item appropriate to the space acceptable to the director;

                       3.a.  Plaza building frontage:  The plaza building frontage, an example of which is shown in the figure in subsection C.3.b. of this section, is characterized by public space in the setback area between the building and the property line.  The plaza area should support human activity with amenities such as seating, art, and wayfinding.  A plaza building frontage is suitable for active ground floor uses such as retail, dining, or civic and cultural uses.

                         b.  Plaza building frontage figure:

                         c.  Buildings with a plaza building frontage are subject to the following:

                         d.  New and substantially improved buildings that are the plaza building frontage type shall provide at least two of the following amenities between the property line and the building for every fifty linear feet of street frontage:

                           (1)  seating space;

                           (2)  supplemental area lighting;

                           (3)  water feature or decorative drinking fountain;

                           (4)  waste receptacle;

                           (5)  artwork or decorative landmark;

                           (6)  kiosk suitable for temporary community-oriented notices;

                           (7)  raised planter;

                           (8)  bike rack; or

                           (9)  other item appropriate to the space acceptable to the director;

                       4.a.  Porch-stoop-terrace building frontage:  the porch-stoop-terrace building frontage, an example of which is shown in the figure in subsection C.4.b. of this section, is characterized by buildings that are set back from the street with a series of highly articulated individual entrances and semi-private landings such as porches, stoops, or terraces.  Entrances may be elevated above grade.  Landscaping is provided in the setback area between the building and the sidewalk.  A porch-stoop-terrace building frontage is suitable for residential uses, service, or office uses.

                         b.  Porch-stoop-terrace building frontage figure:

                         c.  Buildings with a porch-stoop-terrace building frontage are subject to the following:

                         c.  New and substantially improved buildings that are the porch-stoop-terrace building frontage type shall provide at least two of the following amenities between the property line and the building for every fifty linear feet of street frontage:

                           (1)  seating space;

                           (2)  supplemental area lighting;

                           (3)  water feature or decorative drinking fountain;

                           (4)  waste receptacle;

                           (5)  artwork or decorative landmark;

                           (6)  bike rack; or

                           (7)  type II or type III landscaping consistent with K.C.C. chapter 21A.16; or

                           (8)  other item appropriate to the space acceptable to the director; and

                       5.a.  Landscape building frontage:  a landscape building frontage, an example of which is shown in the figure in subsection C.5.b. of this section, is set back from the property line by a wide landscaped strip between the building and the sidewalk.  This frontage type is appropriate along streets where the existing streetscape may not be conducive to pedestrian-oriented ground-floor retail or residential uses, such as where there is no on-street parking or where streets are very wide.  Ground floor entries shall still be provided along and connected to the sidewalk.

                         b.  Landscape building frontage figure:

                         c.  Buildings with a landscape building frontage are subject to the following:

                         d.  New and substantially improved buildings that are the landscape building frontage type shall provide at least two of the following amenities between the property line and the building for every fifty linear feet of street frontage:

                           (1)  seating space;

                           (2)  supplemental area lighting;

                           (3)  artwork or decorative landmark;

                           (4)  water feature or rain garden; or

                           (5)  other item appropriate to the space acceptable to the director.

                     NEW SECTION.  SECTION 13.

                     A.  Parking shall be accessed from alleys, where an alley exists.  If there is no alley, parking entries shall prioritize pedestrians by limiting the maximum width to twenty feet for two-way driveways.

                     B.  Developments with over two hundred linear feet on a single street frontage or two hundred linear feet of total street frontage on properties that abut two parallel streets shall provide a midblock connection.  The route may be through the building interior if the building is open to the public during business hours.

                     C.  Developments on corner lots shall either orient a building façade toward the street corner within fifteen feet of the property line or provide pedestrian-oriented space at the corner leading directly to a building entrance or entrances.

                     D.  Service areas including loading docks, refuse containers, compactors, and mechanical equipment shall be located and screened to avoid negative visual, auditory, olfactory, or physical impacts on the property and adjacent street frontages.  Service areas shall be located within buildings or screened with acceptable materials including brick, concrete block, stone, or wood.  Chain-link fencing is not permitted as a screening material.

                     NEW SECTION.  SECTION 14.

                     A.  Developments subject to the standards of this chapter are required to meet a minimum GreenCenter score of 0.3.  If an applicant demonstrates to the director that the existing conditions of the site do not allow for a GreenCenter score of 0.3, the director may modify the requirement.

                     B.  The GreenCenter score shall be calculated as follows:

                       1.  For each landscape element, multiply the square feet, or equivalent square footage where applicable, by the multiplier provided for that element in subsection C. of this section, according to the following provisions:

                         a.  If multiple elements listed in subsection C. of this section occupy the same area, such as groundcover under a tree, count the full square footage or equivalent square footage of each element;

                         b.  Landscaping elements in the right-of-way between the property line and the roadway may be counted, but only if they are approved by the manager of the road services division of the department of local services;

                         c.  Elements listed in subsection C. of this section that are provided to satisfy any other requirements of K.C.C. Title 21A may be counted;

                         d.  For vegetated walls, use the square footage of the portion of the wall covered by vegetation.  All vegetated wall structures shall be constructed of durable materials, provide adequate planting areas for plant health, provide irrigation for the planting areas, and provide appropriate surfaces or structures that enable plant coverage; and

                         e.  For small shrubs, small plantings, and grass, square footage is determined by the area of the portion of a horizontal plane that lies under the element.

                       2.  Add together all the products calculated under subsection B.1. of this section to determine the GreenCenter numerator; and

                       3.  Divide the GreenCenter numerator by the parcel size to determine the GreenCenter score.

                     C.  GreenCenter landscape elements and categories:

                     NEW SECTION.  SECTION 15.

                     A.  Lighting design shall promote public safety, encourage visibility throughout the entire site, consider a mature landscape, and minimize light spillover to adjacent properties and illumination of the night sky.

                     B.  All public areas shall be illuminated at the following levels:

                       1.  Building entries shall have up to three foot-candles;

                       2.  Sidewalks and walkways shall have between one-half foot-candle and one-and-one-half foot-candles; and

                        3.  Parking areas shall have between one-quarter and three-quarters foot-candles.

                     C.  Lighting shall be provided at consistent levels.  The lighting uniformity ratio shall not exceed ten-to-one as determined by the minimum lighting level in relation to the average lighting level in a specified area.

                     D.  All building lights shall be directed onto the building itself or the ground immediately adjoining the building.  Illumination at the property line shall be a maximum of one foot-candle.

                     E.  Parking lot lighting fixtures shall be nonglare and mounted no more than fifteen feet above the ground.

                     F.  All lighting fixtures shall be fully shielded, where a solid barrier at the top of the fixture in which the bulb is located blocks all direct uplight.

                     NEW SECTION.  SECTION 16.

                     A.  Façades with street frontage on new and substantially improved buildings shall be modulated approximately every forty feet.  Modulation shall have a depth between three and ten feet and shall be accompanied by at least three of the following architectural measures:

                       1.  Change in window patterns at each modulation, such as window size, color, and shape;

                       2.  Use of vertical piers or columns;

                       3.  Change in roofline or roof style, such as stepped roofs, dormers, gables, or shed roofs, with a vertical modulation of at least twelve inches;

                       4.  Change in color and building material or siding style at each modulation;

                       5.  Vertical elements such as a vegetated wall or art.  Vegetated walls shall count toward the GreenCenter score in section 14 of this ordinance; and

                       6.  Change in lighting fixtures at each modulation.

                     B.  The director may approve changes to the modulation intervals or other methods that provide architecturally scaled elements not specifically listed in subsection A. of this section.  The proposed methods must satisfy the intent of the design standards in section 9 of this ordinance.

                     C.  When balconies are part of the modulation and have a minimum depth of six feet and a minimum area of sixty feet, the minimum depth of modulation shall be two feet.

                     D.  The use of stock building plans, typical corporate or franchise designs, regional prototype alternatives, or other designs that are easily identified with a particular chain or corporation, are prohibited.  Signs allowed in accordance with K.C.C. chapter 21A.20 may be permitted to use stock plans, except on core street types subject to section 17 of this ordinance.

                     NEW SECTION.  SECTION 17.

                     A.  New and substantially improved buildings along the core street type as defined in section 12 of this ordinance shall be in scale with the existing historic building stock of the White Center unincorporated activity center.  Where the scale of the new or substantially improved building is larger, techniques such as variations in roof height, vertical columns to break up facades, changes in roof or parapet detail, use of smaller repeating window patterns, use of fascia on the facade, facade articulation, and stepping back or modulating of upper stories shall be used to break up the scale of the building to complement existing patterns.

                     B.  New signs for local businesses along the core street type are subject to the following:

                       1.  The principal sign of any building or establishment shall be unique and custom-designed.  Such signs may include logos, colors, or other brand-identifying elements, but the overall sign shall not be generic or identical to an existing sign within five hundred feet of the business;

                       2.  Multi-lingual signage is encouraged; and

                       3.  Flashing or moving images are prohibited.

                     NEW SECTION.  SECTION 18.

                     A.  The director may waive or modify the application of the standards of this chapter, if, as determined by a notarized letter from a landlord, leasing agreement, affidavit of residency, real estate deed, tax return, or record of filing with the Washington Office of the Secretary of State, the business:

                       1.  Has been located in North Highline for at least five years, excluding a franchise with headquarters outside of North Highline;

                       2.  Is owned by a person who has lived in North Highline for at least five years, excluding a franchise with headquarters outside of North Highline;

                       3.  Is a nonprofit organization that provides community and human services to residents of North Highline; or

                       4.  Is located in a structure listed on the National Register of Historic Places as a historic site or designated as a state or King County landmark subject to K.C.C. chapter 21A.32.

                     B.  The director may waive or modify the application of the standards of this chapter if the development provides affordable dwelling units in accordance with K.C.C. chapter 21A.48 and the director determines that the waiver or modification would result in a development that better meets the intent of the design standards in section 9 of this ordinance.

                     C.  The director may waive or modify the application of a design standard in this chapter to a development proposal if the director determines that waiver or modification would result in a development that better meets the intent of the design standards in section 9 of this ordinance.

                     D.  A waiver or modification request shall be submitted in writing by the developer to the director.  The request shall identify the proposed design standard requested to be waived or modified, the rationale for why the waiver or modification should be granted, and how the waiver or modification would result in a development that better meets the intent of the design standards in section 9 of this ordinance.

                     NEW SECTION.  SECTION 19.  The director is authorized to promulgate and adopt administrative rules in accordance with K.C.C. chapter 2.98, to implement and enforce this chapter.

                     SECTION 20.

                     A.  The executive shall prepare and transmit a report that evaluates the implementation of the North Highline urban design standards in K.C.C. chapter 21A.xx (the chapter established in section 8 of this ordinance), any recommended changes to the North Highline urban design standards, and the rationale for those recommended changes within one hundred twenty days of four years after the effective date of this ordinance.  The report shall include, at a minimum:

                       1.  A list of project applications in the North Highline community service area subarea that were submitted, reviewed, and decided, including the date of original submittal, date of complete application, date and type of final decision whether approved or denied, and reason for denial, if applicable;

                       2.  A map showing the location of project applications in the North Highline community service area subarea that were approved or denied in the four years after the effective date of this ordinance;

                       3.  Pictures of the street-facing building façades for each building constructed in conformance with the North Highline urban design standards;

                       4.  A list of all waiver or modification requests submitted under section 18 of this ordinance, including project name, type of waiver or modification request, decision by the director, and rationale for the director's decision;

                       5.  Identification of any issues relating to the implementation or enforcement of the North Highline urban design standards;

                       6.  Evaluation of how the chapter's implementation implements the vision of North Highline described in the North Highline community service area subarea plan and the intent of the North Highline urban design standards in section 9 of this ordinance; and

                       7.  Recommendations for changes to the North Highline urban design standards, if any, and the rationale for the proposed change, for each section of this ordinance, including, but not limited to:

                         a.  applicability and intent;

                         b.  preapplication requirements including context analysis;

                         c.  web-based community input survey and community feedback process;

                         d.  complete permit application requirements including community feedback memo and project narrative;

                         e.  street frontage types;

                         f.  building frontage types and standards;

                         g.  GreenCenter score including elements and multipliers;

                         h.  massing and modulation standards; and

                         g.  waiver and modification categories.

                     B.  The permitting division shall have a public comment period for the draft report described in subsection A. of this section.  The public comment period shall last at least sixty days beginning with the date of publication in the newspapers of record.  As part of the public comment period, the permitting division shall:

                       1.  Publish notice of the draft report's availability in each newspaper of record for the North Highline community service area, including locations where the draft report is available;

                       2.  Send notice and request for comment to the White Center community development association;

                       3.  Request comments from any developer that has applied for a permit subject to the provisions in this chapter;

                       4.  Provide a copy of the draft report at the White Center library and Greenbridge library; and

                       5.  Post an electronic copy on the permitting division's website.

                     C.  After the public comment period has ended, the permitting division shall prepare a final report, incorporating or responding to the comments received.  Within sixty days of the end of the public comment period, the executive shall file a final report and an ordinance that implements any proposed code changes.

                     D.  The final report and any proposed legislation shall be filed in the form of an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, and the lead staff for the local services and land use committee, or its successor.

                     SECTION 21.  Severability.  If any provision of this ordinance or its application

to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.