Section 55.37

Section 55.37 – GENERAL REGULATIONS

The following regulations apply to all uses in this zone unless otherwise noted:

1.    Refer to Chapter 1 KZC to determine what other provision of this code may apply to the subject property.

2.    The ability to accommodate new development in the TL 5 zone is dependent upon the construction of two new streets as shown on Plate 34A:

•    123rd Avenue NE extending north from NE 116th Street to a new extension of NE 120th Street.

•    NE 120th Street extending from 124th Avenue NE, connecting to the new 123rd Avenue NE and continuing across the Cross Kirkland Corridor to connect with 123rd Place NE.

    Consistent with and to the extent authorized by applicable statutes and court decisions, new development on properties across which these streets in whole or in part extend shall contribute to the creation of the streets as follows:

a.    With all new development, the portions of these streets crossing the subject property shall be dedicated as public right-of-way consistent with Plate 34A. The Public Works Director may authorize that an access street can be within a private access easement if it is found that the private street allows for a superior site design that also maintains an effective street network. If a private access street is allowed, the standards for the street improvements should be similar to those of public streets, and the maintenance of such streets shall be the responsibility of the property owner. Additionally, if a private access street is allowed, design standards applicable to development abutting a major pedestrian sidewalk continue to apply; and

b.    With all new development exceeding 35 feet in height, the streets shall be improved as set forth in KZC 110.40.020.

3.    In addition to the two streets required in General Regulation 2, development in TL 5 shall incorporate the following circulation features, as shown in Plate 34C:

a.    Internal east-west access roads extending westward from 124th Avenue NE. These may be public or private streets.

b.    Through-block pathways or other pathways to link streets and/or activities. Through-block pathways may be integrated with internal access roads and/or provided within separate pedestrian-only corridors. See KZC 105.19 for through-block pathway standards.

4.    Building and/or landscaping features that highlight the entryway to the Totem Lake Neighborhood shall be incorporated into redevelopment of the parcel located at the southeast corner of TL 5. The features shall contain elements such as a sign, art and/or lighting. See Chapter 92 KZC, Design Regulations.

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5.    The ground floor of all structures on the subject property with frontage on a paved pedestrian or vehicular circulation route, or adjacent to a pedestrian-oriented space shall be a minimum of 13 feet in height (see Plate 34C, Chapter 180 KZC). Where necessary for the ground floor of the building to be at the elevation of an abutting street, the building may exceed the permitted maximum height of structure by up to five feet. This requirement does not apply to:

a.    The following uses: vehicle service stations, private lodges or clubs, stacked dwelling units, churches, schools, day-care centers, mini-schools or mini-day-care centers, assisted living facilities, convalescent centers or nursing homes, public utilities, government facilities or community facilities.

b.    Parking garages.

c.    Additions to existing nonconforming development where the Planning Official determines it is not feasible.

6.    Repealed by Ord. 4671.

7.    Access for drive-through facilities must be approved by the Public Works Official. See Chapter 105 KZC for requirements.

8.    Some development standards or design regulations may be modified as part of the design review process. See Chapters 92 and 142 KZC for requirements.

9.    Development adjoining the Cross Kirkland Corridor or Eastside Rail Corridor shall comply with the standards of KZC 115.24.