This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 DOWNTOWN AMENITY STANDARDS September 2014 TABLE of CONTENTS Introduction ............................................................................................................................... 2 Legislative History .................................................................................................................... 3 Section I General Eligibility Conditions for Amenity Features............................................ 4 Section II Specific Eligibility Conditions and Guidelines for Amenity Features to Qualify for a Bonus ................................................................................................................. 12 (cid:1) Interior Amenity Features A. Hillclimb assist ......................................................................................................... 12 B. Public atrium ............................................................................................................ 13 C. Public restrooms ....................................................................................................... 16 (cid:1) Open Space Amenity Features D. Commercial, residential, and green street parcel park ............................................. 17 E. Neighborhood open space ........................................................................................ 21 F. Residential hillside terrace ........................................................................................ 22 G. Green street setback ................................................................................................. 24 H. Mid-block corridor ................................................................................................... 25 (cid:1) Retail-related Amenity Feature I. Shopping corridor ...................................................................................................... 26 (cid:1) Streetscape and Circulation-related Amenity Features J. Green street improvement ......................................................................................... 28 K. Hillside terrace ......................................................................................................... 28 L. Urban plaza ............................................................................................................... 30 (cid:1) Transit-related Amenity Features M. Transit station access easement ............................................................................... 33 N. Transit station access: mechanical assists ................................................................ 34 O. Transit station access: grade level ............................................................................ 37 (cid:1) Other Amenity Features P. Human services ......................................................................................................... 39 Section III Specific Eligibility Conditions and Guidelines for Amenity Features Eligible for Floor Area Exemption Only .............................................................................. 40 Q. Museum .................................................................................................................... 40 R. Shopping Atrium ...................................................................................................... 42 S. Major Retail Store..................................................................................................... 43 1 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 INTRODUCTION In some Downtown zones, increases in floor area above the base Floor Area Ratio (FAR) limit or base height limit of the zone may be allowed, subject to specified conditions. SMC Chapters 23.49 and 23.58.A establish the amenity features eligible for a bonus in each zone, together with the other conditions and limits that govern the amount of floor area that may be obtained for each amenity feature. SMC 23.49.011 addresses the amenity features that may be exempted from the calculation of chargeable floor area. These Downtown Amenity Standards (“Standards”) supplement the provisions of the Land Use Code with additional, detailed eligibility criteria that the Department of Planning and Development (DPD) uses to determine whether a floor area bonus or exemption will be allowed for an amenity feature. The Standards include requirements for the ongoing operation of amenity features, which apply to the successor owners and operators of the buildings and lots where the amenity features are located. The Downtown Amenity Standards are presented in the following three sections: Section I General Eligibility Conditions for Amenity Features Section I sets forth general eligibility conditions that focus on the procedures, operation, mandatory elements, maintenance, identification, and other requirements generally associated with amenity features that are eligible for a floor area or height bonus or floor area exemption. Some conditions apply to all amenity features, while others apply only to specific amenity features. These general eligibility conditions must be satisfied for the amenity feature to qualify for a bonus or exemption. Pursuant to SMC Sections 23.49.013 and 23.58A.016, the Director has the authority to grant departures from the general eligibility conditions as a Type I decision. In some instances, there are specified criteria for particular types of departures. Section II Specific Eligibility Conditions and Guidelines for Amenity Features This section of the Standards provides the basis for reviewing each proposed amenity feature to determine eligibility for a bonus. It states the intended function and public benefit of each amenity feature, and sets forth specific eligibility conditions and guidelines. (cid:1) Eligibility Conditions. Specific eligibility conditions are basic requirements in addition to any set forth in the Land Use Code. These conditions relate primarily to the size of the amenity feature and its location on the lot. Pursuant to SMC Sections 23.49.013 and 23.58A.016, the Director has the authority to grant departures from the specific eligibility conditions in these Standards. In some instances, there are specified criteria for particular types of departures. (cid:1) Guidelines. The guidelines are more flexible statements about the characteristics desired for each amenity feature. They provide direction for the siting and design of an amenity feature, while allowing the flexibility to respond to the special circumstances of individual projects and development sites. 2 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 Section III Specific Eligibility Conditions and Guidelines for Amenity Features Eligible for Floor Area Exemption Only Section III of the Standards contains specific eligibility conditions and guidelines for exemption of certain amenity features from the calculation of chargeable floor area. LEGISLATIVE HISTORY • The Downtown Amenity Standards were originally adopted by Ordinance 122054 on April 3, 2006. The Standards replaced DPD Director’s Rule 20-93. • The Standards were amended by Ordinance 122235, passed on September 18, 2006, to change the introduction to the subsection about Landmark Performing Arts Theatres. • The Standards were amended by Ordinance 123589, passed on April 25, 2011, to include new amenity features. • This version of the Standards was adopted by the Ordinance introduced as Council Bill 118163, passed on September 29, 2014, to delete reference to the bonus for a Landmark performing arts theater and to update references to the Public Art Advisory Committee. 3 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 SECTION I: GENERAL ELIGIBILITY CONDITIONS FOR AMENITY FEATURES The following eligibility conditions apply to all amenity features for which a floor area bonus is sought under SMC Sections 23.49.013 and 23.58A.016 and to specific amenity features for which a floor area exemption is allowed as described in these Standards. The categories of general eligibility conditions are: A. Installation Timeframes B. Public Access and Hours of Operation C. Maintenance D. Combination of Amenity Features E. Art in Bonused Public Spaces F. Use of Bonused Public Spaces G. Landscaping and Furnishings H. Safety I. Identification J. Required Street Level Uses K. Information in Permit Application and Recording Conditions A. Installation Timeframes The required elements of amenity features shall be installed within the timeframe shown on Table A. If an element is not installed when required, further occupancy of the building will not be allowed until the element of the amenity feature is provided. The Director may extend the time allowed when installation is not feasible due to construction scheduling or other good cause, but in no case shall the Final Certificate of Occupancy be issued until all the elements of all amenity features in the project have been provided. Table A: Timing of Installation for Required Elements of Amenity Features Prior to Issuance 6 months from 2 years from issuance of any C of O* issuance of first of first C of O* for chargeable C of O* for for chargeable floor floor area chargeable floor area area Art Installation** X Seating and X Furnishings Identification Signs X Performing Arts X Theatre Signs Required Street X Level Uses Are In Operation*** Green Street X Improvements 4 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 Prior to Issuance 6 months from 2 years from issuance of any C of O* issuance of first of first C of O* for chargeable C of O* for for chargeable floor floor area chargeable floor area area Mechanical X Conveyance for Hillclimb Assist Lease or Plan for a X Museum Eligible for a Floor Area Exemption Footnotes for Table A: * C of O stands for Certificate of Occupancy **A Preliminary Plan for the art installation is required at the time of MUP application; the Final Plan is required prior to MUP issuance. ***Applies for the following amenity features with frontage on a where street level uses are required by SMC 23.49.009: Shopping corridor, Hillside terrace, Urban plaza, Commercial parcel park, and Residential and Green street parcel parks. B. Public Access and Hours of Operation 1. Hours of Operation. The amenity features listed in this subsection B.1 provide open spaces for public use and enjoyment. These open spaces shall be easily recognized as available for use by the general public, and shall generally be as accessible to the public as publicly provided open space. Standards for hours of operation are as follows: a. Interior Amenity Features: Amenity features integrated with interior spaces are required to be open and accessible to the general public without charge during normal operating hours of the building. These amenity features are: • Hillclimb assist • Museum • Public atrium • Public restrooms b. Open Space Amenity Features: Amenity features listed in this subsection B.1.b must be open and accessible to the general public, without charge, for reasonable and predictable hours, for a minimum of 10 hours each day of the year, except that mid-block corridors must be open for a minimum of 16 hours each day of the year. The hours of public access for these amenity features shall be during daylight, except that when there are insufficient daylight hours, the open space must also be open for all daylight hours and also during nighttime hours for the balance of the hours that the open space is to remain open. These amenity features are: • Commercial parcel park • Green Street parcel park 5 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 • Residential parcel park • Neighborhood open space • Residential hillside terrace • Green street setback • Mid-block corridor c. Retail-related Amenity Features: Amenity features listed in this subsection B.3 that support retail activity Downtown shall be open and accessible to the general public during normal shopping hours, which at a minimum shall be five days a week for at least eight hours a day. These amenity features are: • Major retail store • Shopping atrium • Shopping corridor d. Streetscape and Circulation-related Amenity Features: The following amenity features, which are integrated with the public street environment and intended to function as part of the outdoor pedestrian circulation network, are required to be open and accessible to the general public without charge 24 hours a day, every day throughout the year. These amenity features are: • Green street improvement • Hillside terrace • Urban plaza e. Transit-related Amenity Features: Amenity features integrated with public transportation facilities shall provide free public access at all times the transportation facility is in operation. These amenity features are: • Transit station access easement • Transit station access: grade level • Transit station access: mechanical assist 2. Public Access a. Within the open space amenity features in subsection B.1.b and the streetscape and circulation-related amenity features in subsection B.1.d, during the hours of operation set in subsection B.1, except for seating reserved for customers of restaurants or other uses permitted pursuant to subsection G.2.a, property owners, tenants, and their agents shall allow individuals 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, the building, or other adjacent amenity 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. 6 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 b. Public access may be limited temporarily for necessary maintenance or for reasons of public safety during hours when an amenity feature is otherwise required to be open to the public. C. Maintenance Unless otherwise stated in the specific conditions for an amenity feature, the property owner shall maintain all elements of the amenity feature, including but not limited to landscaping, seating, and lighting, in a safe, clean, and well-maintained condition. D. Combination of Amenity Features Some projects earning a floor area bonus may incorporate several amenity features, including features that are exempt from FAR limits. In these cases, the intent is to encourage the integration of the various amenity features within the project design. Should conflicts among requirements arise when combining amenity features in one project, the Director may resolve the conflict by granting departures from eligibility conditions, provided the intent of each amenity feature is fulfilled. E. Art In Bonused Amenity Features 1. Definition: For the purposes of these Standards, art is broadly defined to encourage high-quality, imaginative interpretations of the various media, and includes works that are only decorative, or are both decorative and functional. Over time, new materials and art forms may be developed. Therefore, such innovations in form and media are included in this definition of art. 2. Amenity Features Requiring Art: To make a positive contribution to the identity of the public space, art is required in the following amenity features: • Commercial, Residential, and Green street parcel parks • Neighborhood open space • Residential hillside terrace • Mid-block corridor • Hillclimb assist • Public atrium • Green street improvement • Hillside terrace • Urban plaza • Shopping corridor • Transit station access—all types 3. General Requirements a. When more than one amenity feature is incorporated in a project, the requirement for artwork may be filled in a variety of ways, such as providing one major work as a focal point, or several smaller works, as appropriate to the design of the public spaces, and commensurate with the amount of bonused public space. 7 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 b. Artwork may include but need not be limited to two or three dimensional works in all media, such as oil or acrylic on canvas, textiles, photography, ceramics, wood, paper, metal, stone, etc. Artwork may also include fountains, mobiles, special wall or paving surfaces, bas-reliefs, mosaics, murals, landscaping elements, and other decorative elements. Interdisciplinary projects and collaborations are encouraged, as are works that are not only visual, but engage other senses, such as sound and touch. c. The artwork shall be clearly visible to people using the public space, and, wherever possible, should be visible from the street. If it is not visible from the street, it shall be visible from primary circulation paths adjacent to or through the public space. However, it shall not impede circulation in the open space. d. The setting for the artwork shall be designed to provide comfort and accommodate people viewing the art by incorporating such elements as steps, ledges, benches, and other seating or by providing rails or other architectural features to lean against. e. The property owner is responsible for the maintenance of all artwork for the life of the building. f. The selection of artists to work as members of design teams along with building architects, landscape architects and/or engineers is encouraged. The intent is to promote art that is an integral part of the design of the public space and compatible in bulk, scale, design, texture, color, and shape with the space in which it is located. 4. Artwork Plan Process a. To encourage integration of the artwork into the overall design of the project, the Master Use Permit application shall include a Preliminary Artwork Plan, which shall be submitted to the Public Art Advisory Committee, who will review it, advise the applicant and the DPD Director, and make recommendations on the proposal. The Preliminary Artwork Plan shall include the following elements: • Concept Statement - Outline of the art proposal in terms of proposed location(s) and type(s) of art, e.g., sculpture, two-dimensional work, interdisciplinary process, etc. • Proposed budget • Proposed process for selection of artist(s) • Schedule for implementation b. Before a building permit for the project is issued, a Final Artwork Plan shall be submitted by the applicant to the Public Art Advisory Committee, who will review it and make recommendations to the DPD Director. The Final Artwork Plan shall be a refinement of the Preliminary Artwork Plan, and include the following elements: • Selected artist(s) • Drawings indicating location, size, placement of artwork 8 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 • Technical documents outlining in detail the materials and method of attachment of the proposed art • Maintenance, safety and security considerations • Final budget • Final schedule for installations c. The final Certificate of Occupancy shall not be issued until the artwork is complete and installed. 5. Removal or Modification of Art in Bonused Spaces a. Proposed alterations to or removal of artwork in amenity features that have earned a bonus may be subject to the Visual Artists Rights Act. Therefore, such alteration or removal requires review by the Public Art Advisory Committee. The Committee will advise the Director if, in its opinion, the proposed alterations would constitute destruction of the artwork, and would thus require replacement artwork to satisfy the bonus requirements. The Director may require replacement artwork. b. Proposals for replacement artwork in bonused public spaces shall be reviewed by the Public Art Advisory Committee, who will make a recommendation to the Director. The recommendation will be based on the suitability of the new artwork, taking into account the Final Artwork Plan and any changed conditions since the original installation of the artwork. The Director may approve, condition, or deny the placement of the replacement artwork. F. Use of Bonused Public Spaces No amenity feature may be used for storage, or for a driveway, parking area, or loading berth, except as provided in these Standards. G. Landscaping and Furnishing 1. Amenity Features Requiring Landscaping: Landscaping is required for the following amenity features to be eligible for a bonus or floor area exemption. The landscaping must be consistent with the applicable guidelines specified for each amenity feature in Section II: • Hillclimb assist • Public atrium • Commercial, residential, and green street parcel parks • Neighborhood open space • Residential hillside terrace • Green street setback • Mid-block corridor—in additional abutting open space only • Shopping corridors with bonus for natural light • Green street improvement • Hillside terrace • Urban plaza • Shopping atrium 9 This document reflects changes through Ordinance 124591 (C.B. 118163), passed September 29, 2014 2. Types of Landscaping and Furnishings: Required landscaping is subject to the review and approval of the Director, and shall be provided consistent with the Landscape Standards Director’s Rule (DR 6-2009 or successor rule). It may include a wide variety of living trees, shrubs, and ground covers, as well as fountains and planters, and should include seasonal plantings. Required public art may be located in a landscaped area. All required landscaping shall be located in permanently installed beds or planters, or in large containers that, while movable, cannot be readily removed. a. Seating and tables. All amenity features that require landscaping shall also provide seating for use by the general public at all times the space is open. Tables may also be provided for use by the general public. The type and amount of seating should reflect the intended function of the space and anticipated volume of users, with a desired minimum amount indicated in the guidelines for each amenity feature. The seating may be either permanent or movable. Additional seating, and/or tables, may be reserved for customers of restaurants or other uses. To avoid dominating the space and conflicting with its intended public use, the area reserved for such seating shall not exceed 15 percent of the bonused area, or 500 square feet, whichever is less. The location, size and delineation of the area used for reserved seating are subject to the review and approval of the Director. b. Perimeter walls. Non-transparent perimeter walls shall be decoratively finished or lined with continuous planting to a minimum height of approximately one story, or to the top of the wall(s), whichever is less. Exterior perimeter walls shall be light in color to reflect light into outdoor open spaces. c. Temporary elements. Temporary kiosks, displays, art exhibits, and retail stalls may be permitted, provided they are portable and do not restrict public access and use of the amenity feature or restrict pedestrian circulation. H. Safety To increase public safety and security, the amenity features listed in subsection G.1 shall be designed to avoid creation of isolated areas, and to maintain lines of sight into the space from streets and major pedestrian walkways if possible. a. Landscaping: Trees and shrubs shall be planted and maintained so as to avoid public safety problems that could arise when vegetation interferes with normal lines of sight or negates the effects of nighttime security lighting. b. Lighting: Lighting shall be provided in amenity features with public open spaces that are required to be accessible at night, and adequate lighting shall be provided along street edges of such amenity features. I. Identification Each amenity feature listed in subsection G.1 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 10