12.52.040 Special regulations applying to lands within an R 9,600 zoning classification located in the eastern portion of the subarea.
Lands located east of 39th Avenue SE that are within the Spring Creek drainage basin and are located outside the Palm and Cole/Woods Creek drainage basins have been removed from the NCPA and zoned R 9,600. However, these lands have an important role in maintaining a healthy hydrologic regime for North Creek and shall be subject to the following special regulations; provided, however, that if site specific analysis as required within BMC 12.52.020(B) identifies that any portion of this area is within the Cole/Woods Creek or Palm Creek drainage basins or supports base flow to the Cole/Woods Creek basin, the special provisions of the NCPA as promulgated within BMC 12.52.050 and 12.52.060 shall be applied.
Special Clustering Provisions Allowed under the Planned Unit Development Process of Chapter 12.30 BMC. Within the Fitzgerald/35th Avenue SE Subarea, on lands with an R 9,600 zoning classification that are located in the eastern portion of the subarea, an applicant may request the following special clustering provisions as modifications under the planned unit development process of Chapter 12.30 BMC. Specifically, BMC 12.30.040(A) (B) and (C) are modified as follows:
A. Special lot yield calculation for properties within the Fitzgerald/35th Avenue SE Subarea with a zoning classification of R 9,600:
1. The net buildable area of the development site shall be calculated pursuant to BMC 12.14.030(B)(3) wherein land area in roads and other rights-of-way, critical areas, critical area buffers, or land dedicated to the city for other purposes, shall be deducted from the gross site area;
2. To determine the maximum permitted number of lots upon the subject property, the net buildable area shall be divided by the underlying zoning classification’s minimum lot area thereby deriving the allowed maximum number of lots. Portions of the net buildable area placed into a dedicated open space tract pursuant to subsection C of this section may be credited toward the lot yield calculation.
B. Lot Area, Lot Circles, Side Yard Setbacks, Building Coverage and Hard Surface Coverage Modifications. The minimum lot area, lot circles, side yard setbacks and building coverage provisions of BMC 12.14.030(A) may be modified as follows:
1. Lot Area. The minimum lot area per single-family lot may be reduced by as much as 50 percent of the underlying zoning minimum lot area;
2. Lot Circle. The minimum lot circle for each single-family lot may be reduced by as much as 50 percent of the underlying zoning minimum lot circle;
3. Side Yard Setbacks. Side yard setbacks may be modified such that the minimum side yard setback shall be five feet for both side yards, meaning that both side yard setbacks may add up to 10 feet instead of the 15 feet required under BMC 12.14.030(A);
4. Building Coverage. The maximum building coverage percentage for each single-family lot may be increased up to 45 percent of the lot area; provided, however, that the total building coverage allowed on the total development site shall be no greater than 35 percent of the net buildable area; and
5. Hard Surface Cover. The maximum hard surface cover per single-family residential lot may be increased up to 55 percent of the lot area; provided, however, that the total hard surface cover allowed on the total development site shall be no greater than 45 percent of the net building area.
C. Open Space/Forest Preservation.
1. Utilizing the PUD process of Chapter 12.30 BMC, developments may implement the special clustering provisions of this chapter provided the development reserves a portion of the site as dedicated, permanent open space not available for future development consistent with the following criteria.
2. Amount of Land to Be Preserved.
a. A minimum of 10 percent of the net buildable area of the site shall be placed within a dedicated forest or forest equivalent surface water facility tract to be preserved in perpetuity consistent with the special provisions of BMC 12.52.050(C)(3)(d); or
b. The city may approve an increase in the number of lots beyond the number allowed by the special calculated lot yield pursuant to subsection (A)(1) of this section, provided additional land is dedicated as a forest or forest equivalent surface water facility tract consistent with the following:
(1) Preserving at least 15 percent of the net buildable area as open space consistent with this chapter, an increase of 10 percent of the calculated lot yield; or
(2) Preserving at least 20 percent of the net buildable area as open space consistent with this chapter, an increase of 15 percent of the calculated lot yield; or
(3) Preserving at least 25 percent of the net buildable area as open space consistent with this chapter, an increase of 20 percent of the calculated lot yield; or
(4) Preserving at least 30 percent of the net buildable area as open space consistent with this chapter, an increase of 25 percent of the calculated lot yield.
3. Type of Land to Be Preserved as Open Space. The type of open space shall be based upon the following hierarchical preference. Applicants shall demonstrate that all reasonable efforts have been made to design the development in a manner that preserves the types of lands listed herein consistent with these hierarchical preferences:
a. Intact forest areas as defined herein;
b. Lands containing “forest equivalent” bioretention surface water facilities or intact forest areas that accept dispersed surface water;
c. Rehabilitated or restored forest areas as defined herein;
d. Lands adjacent to critical area buffers; and
e. Lands containing other types of forest equivalent surface water facilities. To be credited toward preservation of open space, storm water vaults or other closed or underground systems placed within areas designated for open space shall have recreational uses, such as but not limited to play areas, open lawn areas, and sports courts placed on top of or above such underground facilities. (Ord. 2215 § 3 (Exh. B3), 2016).