APPENDIX C PERMITTED LAND USES AND DENSITIES

Section 1.0 Purpose and Intent Section 2.0 Scope Section 3.0 Definitions Section 4.0 Land Use Established Section 5.0 Standard Lot Dimensions by Land Use Section 6.0 Structure Height Section 7.0 Accessory Dwelling Units Section 8.0 Enforcement Section 9.0 Administrative Modifications of Standards

Exhibit C-1 Land Use Categories

1.0 Purpose and Intent

The purpose of this appendix is to encourage a variety of land uses, densities, and housing types to achieve the East VillageTALUS vision of an urban village, as described in the Planning Goals (Appendix A) and the Urban Village Design Guidelines (Appendix B). The standards set forth within this appendix are intended to guide the general location, bulk, and densities for the various land uses while allowing flexibility to respond to new and innovative approaches to an urban village setting.

2.0 Scope

The provisions of this appendix shall apply to the East VillageTALUS Project.

3.0 Definitions

3.1. Accessory Dwelling Unit “Accessory Dwelling Unit” “(ADU)” means a or set of , either free standing, added onto or created within a single family residence. It generally includes living, sleeping, , and facilities, and has a lockable entrance.

3.2. Administrative Minor Modification “Administrative Modification” means those modifications to the East VillageTALUS Project meeting the standards and procedures for an administrative minor modification in Appendix K (Elections and Modifications), processed and approved pursuant to Appendix J (Processing).

3.3. Administrative Review “Administrative Review” means the administrative process established in Appendix J (Processing) of the East VillageTALUS Development Agreement.

Revised 2009 – Adopted December 1999 C-1 Final Document

3.4. Applicant “Applicant” means either the Master Developer or a Parcel Builder as the submitter of an application to the City to develop or improve one or more Development Parcels, or (in the case of the Master Developer) as the submitter of an application to develop or improve general facilities, infrastructure, or amenities for the East VillageTALUS project.

3.5. Commercial Use “Commercial Use” means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. For the purposes of this Agreement, aside from Occupations and Live/Work Units, Commercial Uses are listed in Subsections 4.5 and 4.6 of this appendix.

3.6. Cultural Facility A public or community gathering place such as a community center, theater, etc.

3.7. Day Care Any type of group program, for children or adults.

3.8. Designated Official “Designated Official” means the person, appointed by the Mayor, empowered, authorized, and charged with the duty to administer, interpret, process and approve plans as required by this appendix.

3.9. Density “Density” means the number of dwelling units per gross site area. The allowable number of dwelling units is determined by multiplying the gross site area (in acres) by the applicable density. Fractional numbers one-half (½) or above shall be rounded to the next higher whole number. Fractional numbers less than one-half (½) shall be rounded down to the next lowest whole number.

3.10. Development Parcels “Development Parcels” means the Development Parcels 1 through 21, as conceptually shown in Exhibit 3 (Cougar Mountain East VillageTALUS Development Area Exhibit) and as further defined in this Appendix C which are authorized for development pursuant to the pre- approved uses, densities and other Development Standards established in this Agreement.

3.11. Dwelling Unit, Multifamily A containing more than two Dwelling Units, located on a single parcel, that may have one or more vertical and/or one or more horizontal walls in common.

3.12. Dwelling Unit, Single Family Attached A building that contains multiple dwelling units that occupy the entire space from the ground to the , and have one or more vertical walls in common with, or abutting, other Dwelling Units.

Revised 2009 – Adopted December 1999 C-2 Final Document

3.13. Dwelling Unit, Single Family Detached A free-standing Dwelling Unit on a separate parcel.

3.14. Finish Grade “Finish Grade” means the land surface elevation of the site after final alterations are completed.

3.15. Gross Area or Gross Square Footage “Gross Floor Area” or “Gross Square Footage” means the number of square feet of total floor area bounded by the inside surface of the exterior walls of the structure as measured at the floor line excluding parking, mechanical floor area and outside that do not exceed a projection of six feet beyond the exterior walls of the building.

3.16. Gross Site Area “Gross Site Area” means the total area of a Development Parcel prior to any deductions for public or private roadways, dedicated right-of-way, exclusively used easements or special purpose overlay districts.

3.17. Home Occupation “Home Occupation" means a business carried on as a secondary, incidental or accessory use by the permanent resident(s) of the dwelling for gain or support, when on-site work is conducted entirely within a residential dwelling, an Accessory Dwelling Unit or a building accessory thereto, and when such occupation is in compliance with the terms and conditions of this appendix.

3.18. Live/Work Unit “Live/Work Unit” means a building providing the resident and opportunity to live and work at the same location. Generally, the work space has some street exposure and a separate entrance from the residence.

3.19. Master Developer “Master Developer” means the Partnership, as defined in the Main Body of this Development Agreement (Section 32), so long as the Partnership owns any then-undeveloped Development Parcel in the East VillageTALUS Project, or any Master Developer Transferee as defined in the Main Body (Section 32) of this Development Agreement.

3.20. Neighborhood “Neighborhood” means an area defined by topography, critical areas, land use, activity, significant streets, and/or other features that are distinguishable from adjacent areas. A project by a single Applicant is not a Neighborhood, unless it is defined by one or more of the above features. The term “Neighborhood”, as it is used in this appendix, includes residential, retail and commercial areas within the East VillageTALUS Project.

3.21. Net Square Footage

Revised 2009 – Adopted December 1999 C-3 Final Document

“Net Square Footage” means the building or unit floor space that may be utilized. This generally excludes common areas and space devoted to the heating, cooling, and other equipment of a building.

3.22. Noncritical Open Space “Noncritical Open Space” means the Open Space areas outside of Critical Areas and their buffers.

3.23. Open Space “Open Space” means areas north of the top of the slope defining the north bank of West Fork Tibbetts Creek that are located outside of Development Parcels or Utility Tracts. The Open Space areas consist of Critical Areas and their buffers and Noncritical Open Space. The Open Space areas are shown in bright green on Exhibit 3 (Cougar Mountain East VillageTALUS Development Area Exhibit).

3.24. Property Owner “Property Owner” means the legal owner or owners of the property.

3.25. Public Service and Quasi-Public Uses “Public Service and Quasi-Public Uses” means those uses that provide a public or community benefit. Those uses include, but are not limited to fire protection, law enforcement, public health, education, recreation, environmental protection, governmental services, bus/taxi stops, church (with or without day care), library, community center, clubhouses associated with residential uses, and utilities. For the purposes of this Agreement, Public Services and Quasi-Public Uses shall generally not be counted against the East VillageTALUS Allowable Development. See Section 5.4 of this appendix.

3.26. Recreational Areas “Recreational Areas” means active and passive parks, plazas, trails, informal gathering areas, community gardens, and other like facilities and areas, developed by the Master Developer on and in Development Parcels or Noncritical Open Space, including the land segregated for such uses and all equipment, appurtenances, facilities, and other improvements thereon related thereto.

3.27. Retail Use “Retail Use” means those uses providing services, or the sale of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such services or goods. Retail service uses include, but are not limited to, eating and drinking establishments and real estate and financial offices. Retail trade uses include, but are not limited to, lumber yards, office supply stores, nurseries and garden centers, butcher shops, paint stores and similar uses, and shall be deemed retail trade establishments even though a portion of such business activity may concern contractors or other business establishments. For the purposes of this Development Agreement, Retail Uses within the East VillageTALUS Project shall be limited to 50,000 gross square feet as defined in Section 9 (Allowable Development) of the Main Body of this Agreement.

Revised 2009 – Adopted December 1999 C-4 Final Document

3.28. Single Household “Single Household” means the occupancy of a single dwelling unit limited to family, or cohabitants, or persons who have obtained a grant of reasonable accommodation, as defined in the Issaquah Municipal Code.

3.29. Unit “Unit” means one or more rooms or structures providing complete, independent living facilities, including permanent provisions for living, sleeping, cooking and sanitation.

4.0 Land Use Established

Seven main land use categories have been established for East VillageTALUS that will dictate development type and characteristics. The seven categories are:

A. Low-Density Residential (3 to 12 units per Gross Site Area); B. Medium Density Residential (13 to 22 units per Gross Site Area ); C. High-density Residential (23 to 150 units per Gross Site Area); D. Village Center (23 to 200 units per Gross Site Area); E. Office Campus; F. Open Space; and, G. Utility Tracts.

The map attached to this appendix (Exhibit C-1) outlines the land uses for each Development Parcel. The correlating dimension standards are contained in the Standard Dimension Table of Section 5.0 of this appendix.

4.1. Projection of Possible Density Ranges by Development Parcel. The table below provides a preliminary analysis of anticipated residential density ranges for the different Development Parcels within East VillageTALUS. This Table is not a standard and shall not be implemented as such. The intent of this Table is to provide a general basis for density allocation and how actual residential types may be developed within East VillageTALUS. These are projected density ranges only and are subject to modification based upon site conditions, market analysis and other factors affecting density (see Exhibit C- 1).

Development Approximate Proposed Land Projected Density Range Parcel Parcel Gross Use (Units Per Gross Acre) Number Acreage

1 0.75 Residential 30-60 2 0.41 Residential 10-22 3 2.31 Residential 16-30 4 3.31 Residential 16-30

Revised 2009 – Adopted December 1999 C-5 Final Document

Development Approximate Proposed Land Projected Density Range Parcel Parcel Gross Use (Units Per Gross Acre) Number Acreage

5 66.16 Residential 6-12 6 9.53 Residential 10-22 7 8.83 Residential 3-7 8 3.75 Residential 16-30 9 3.57 Residential 30-60 10 1.06 Residential 10-22 11 1.61 Residential 10-22 12 7.87 Residential 10-22 13 3.26 Village Center 30-60 14 10.20 Residential 10-22 15 0.54 Residential 30-60 16 4.11 Village Center 30-60 17 21.70 Office Campus Not Applicable 18 5.14 Expansion Parcel/ 6-12 Utility/Residential 19 6.22 Expansion Parcel/ 6-12 Existing Agriculture/ Residential 20 0.95 Expansion Parcel/ Not Applicable Utility 21 1.42 Expansion Parcel/ Not Applicable Utility Tract A 0.60 Utility Not Applicable Tract B 1.00 Utility Not Applicable Tract C 6.35 Utility Not Applicable Tract D 1.04 Utility Not Applicable Tract E 0.18 Utility Not Applicable

4.2. Low-Density Residential Low density neighborhoods within the East VillageTALUS Project Envelope should have the appearance of single family detached housing, while also promoting housing diversity. To achieve this, single family attached and multifamily housing may be developed in low density neighborhoods, but should maintain a single family character. Additionally, low density neighborhoods should have one or more community gathering spaces as neighborhood focal points.

The primary purpose of this land use is to allow for residential neighborhoods ranging in density from 3 to 12 units per gross acre. This density range allows for the creation of a

Revised 2009 – Adopted December 1999 C-6 Final Document

variety of housing types and other land uses. Housing types and land uses permitted within the Low-Density Residential areas of East VillageTALUS are:

A. Residential Detached (such as): • Estate single family • Hillside housing • Single family • Single family - small lot • Single family - zero lot line/shared use easement B. Residential Attached (such as): • Single family attached • • Triplex C. Residential Accessory Dwelling Units D. Senior housing E. Home Occupations F. Live/Work Units G. Public and Quasi Public services such as: • Church, with or without accessory day care • Community Center • Day care • Government facilities (fire/police station, offices, maintenance site) • Library • Club associated with residential uses • Schools: Elementary, Junior High, High School, Private Schools • Utilities, both Major and Minor • Outdoor Recreation including: baseball, soccer, football fields, basketball and tennis courts, Parks, Plazas and Informal Gathering Areas, swimming pools and trails. H. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), the hours of operation, traffic generation, location and service area. Such compatible uses may include uses such as: • Corner market • Antique store • Bed and Breakfast • Temporary/Seasonal Uses

4.3. Medium Density Residential Medium density neighborhoods provide both a strong edge to the street and accommodate primarily ground related residences. This density designation contributes to the sociable public realm by providing minimal street setbacks. However, residence design provides private outdoor space or clustered around common spaces.

Revised 2009 – Adopted December 1999 C-7 Final Document

The primary purpose of this land use is to allow for flexible residential neighborhoods with density ranging between thirteen (13) and twenty-two (22) units per gross acre. This density provides for a variety of housing types and land uses. These uses are:

A. Residential Detached (such as): • Single family - small lot • Single family - zero lot line B. Residential Attached (such as): • Cluster homes • Hillside housing • Townhouse • /Triplex • Townhouse/stacked flats C. Senior housing D. Residential Accessory Dwelling Units E. Home Occupations F. Live/Work Units G. Public and Quasi Public Services such as: • Church, with or without accessory day care • Community Center • Day care • Government facilities (fire/police station, offices, maintenance site) • Library • Club houses associated with residential uses • Schools: Elementary, Junior High, High School, Private Schools • Utilities, both Major and Minor • Outdoor Recreation including: basketball and tennis courts, Parks, Plazas and Informal Gathering Areas, swimming pools and trails. H. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), the hours of operation, traffic generation, location and service area. Such compatible uses may include uses such as: • Corner market • Antique store • Bed and Breakfast • Temporary/Seasonal Uses

4.4. High-Density Residential High density neighborhoods create the most urban areas, including mixed uses and mixed housing types. Design elements within the high density designation include varying heights for massing variation and breaks in the structures. Similarly, parking design includes provisions for private garages or structured parking to diminish impacts on the street. Residence design provides connection to both the street and other common areas, such as Plazas, common , Community Gardens, etc.

Revised 2009 – Adopted December 1999 C-8 Final Document

The primary purpose of this land use is to allow for residential neighborhoods and urban densities ranging from twenty-three (23) to one hundred and fifty (150) units per gross acre. Housing types and land uses permitted within the High-Density Residential areas of East VillageTALUS. These uses are: A. Residential Attached (such as): • Stacked flats • Multifamily with and structured parking • Townhomes • Hillside housing B. Senior housing C. Home Occupations D. Live/Work Units E. Public and Quasi Public Services such as: • Church, with or without accessory day care • Community Center • Day care • Government facilities (fire/police station, offices, maintenance site) • Library • Club houses associated with residential uses • Schools: Elementary, Junior High, High School, Private Schools • Utilities, both Major and Minor • Outdoor Recreation including: basketball and tennis courts, Parks, Plazas and Informal Gathering Areas, swimming pools and trails. F. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), the hours of operation, traffic generation, location and service area. Such compatible uses may include uses such as: • Corner market • Antique store • Bed and Breakfast • Temporary/Seasonal Uses

4.5. Village Center The Village Center provides a highly visible and easily recognizable compact urban center through the design and character of the buildings and spaces within the Village Center. The Village Center will be the “hub” of the community, providing opportunities for shopping and entertainment. Relative to other areas of the East VillageTALUS project, the Village Center will contain large-scale buildings designed to accommodate a high-density mix of uses. The architectural design of the buildings will be used to shape and enclose outdoor areas and will emphasize human scale pedestrian friendly features, especially at ground level.

The Village Center designation is intended to allow for a variety of uses within a central civic and retail gathering place. These uses include (23 to 200 units per gross acre), hospitality and generally low intensity commercial or retail which may be considered “neighborhood retail” in nature. These uses are:

Revised 2009 – Adopted December 1999 C-9 Final Document

A. Community Center (day care, senior activities, town , recreation, Homeowners’ Association and meeting rooms, education, emergency medical center and other similar community activities) B. Personal Services (such as): • Drug Store • Clothing Store • Jewelry Store • Bank C. Neighborhood retail (such as): • Small grocery store • Video rental • Florist • Café / deli / dining • Laundromat / dry-cleaners • Bookstore • Garden supply / hardware • Antique and variety store • Gift shop • Health and fitness center • Service retail (travel agency, real estate broker, leasing office, post office, barber/beauty shop, massage therapist, tanning salon) D. Parking Facilities / Parking Structures E. Home Occupations F. Multifamily located above Village Center uses G. Professional office/medical (if less than 10,000 square feet per tenant) H. Hospitality (hotel or inn with small conference facility) I. Veterinary Clinic J. Emergency Medical Clinic K. Public and Quasi Public Services such as: • Memorial Chapel • Museum and Art Gallery • Park and Ride Lot • Social Services and Non-Profit Organizations • Private Organizations • Schools: Vocational and Technical, College, University, Business • Outdoor Recreation: Stadium, Arena Amphitheater • Bus Stop, Taxi Stop • Church with or without accessory day care • Community Center • Day care • Government facilities (fire/police station, offices, maintenance site) • Library • Club houses associated with residential uses • Schools: Elementary, Junior High, High School, Private Schools

Revised 2009 – Adopted December 1999 C-10 Final Document

• Utilities, both Major and Minor • Outdoor Recreation including: basketball and tennis courts, Parks, Plazas and Informal Gathering Areas, swimming pools and trails.

L. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), traffic generation, location and service area.

4.6. Office Campus The Office Campus will provide a gateway in the East VillageTALUS Project and will be in close proximity to the Village Center. Architectural design of the Office Campus reflects the importance of the open space in adjacent areas. This land use designation will be connected to other Development Parcels via pedestrian connections that provide recreational opportunities for workers and allow workers to safely walk from one area of the Office Campus to another. Additionally, Parks and/or Plazas will be provided within the Office Campus, and landscape will reflect the character of the open space and pedestrian circulation systems.

The Office Campus designation within East VillageTALUS will provide commercial/office work opportunities in close proximity to residential uses. The intent of this is to reduce commute times and distances, as community members can live and work within East VillageTALUS. The uses permitted within the Office Campus are:

A. Office Uses such as: • General Business Offices • Professional Office • Corporate Campus B. Office support facilities including: • Cafeteria, deli or dining • Health and fitness center • Sundry retail/copy facility/mail service C. Hospitality • Hotel/retreat/conference facility D. Parking Facilities / Parking Structures E. Public and Quasi Public Services • Memorial Chapel • Museum and Art Gallery • Park and Ride Lot • Cultural Facilities • Social Services and Non-Profit Organizations • Private Organizations • Schools: Vocational and Technical, College, University, Business • Outdoor Recreation: Stadium, Arena Amphitheater • Bus Stop, Taxi Stop • Church with or without accessory day care

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• Community Center • Day care • Government facilities (fire/police station, offices, maintenance site) • Library • Schools: Elementary, Junior High, High School, Private Schools • Utilities, both Major and Minor • Outdoor Recreation including: basketball and tennis courts, Parks, Plazas and Informal Gathering Areas, swimming pools and trails. F. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), traffic generation, location and service area.

4.7. Open Space Open space areas are provided in close proximity to all residents. Some of these open space areas will serve the entire community, while others serve the nearby residents. Open spaces are aligned with roadways and/or trails to emphasize their role as neighborhood design features, community focal points, and to provide ease of access.

The Open Space designation within East VillageTALUS will provide for protection of certain Critical Areas, passive and active recreation, and major and minor utilities. The intent is to provide sensitive placement of any such facilities within open space areas and re-vegetate disturbed areas with natural plant material when practicable. Any land uses planned for Critical Areas will be reviewed and permitted in accordance with Appendix E (Critical Area Regulations). The permitted uses within the open space areas are:

A. Roadways and roadway grading B. Major Utilities (such as): • Storm water detention/retention ponds • Storm water detention and water quality vaults and filters • Water reservoirs, booster pumps, pressure reducing valves and similar equipment • Electrical transfer / junction / mechanical facilities • Telephone distribution facilities C. Minor Utilities (such as): • Underground and above ground utility lines • Storm water distribution / flow release facilities • Minor franchise utility equipment D. Landscaping, directional signage and monument signs E. Parks and Trails (Subject to the Critical Area Standards of Appendix E) F. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), the surrounding critical areas, adjacent land uses, site planning and loss of native open space.

4.8. Utility Tracts

Revised 2009 – Adopted December 1999 C-12 Final Document

Utility Tracts are provided to service the East VillageTALUS Project. Utility Tract uses include: A. Roadways and roadway grading B. Major Utilities (such as): • Storm water detention/retention ponds • Storm water detention and water quality vaults and filters • Water reservoirs, booster pumps, pressure reducing valves and similar equipment • Electrical transfer / junction / mechanical facilities • Telephone distribution facilities C. Minor Utilities (such as): • Underground and above ground utility lines • Storm water distribution / flow release facilities • Minor franchise utility equipment C. Landscaping, directional signage and monument signs D. Parks and Trails (Subject to the Critical Area Standards of Appendix E) E. Other compatible uses approved by the Designated Official using criteria to evaluate the consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines), the surrounding critical areas, adjacent land uses, site planning and loss of native open space.

5.0 Standard Lot Dimensions by Land Use

Dimension Low Density Medium Density High Density Community Retail Office Complex Category Residential Residential Residential Village Center Density per gross If units located acre(1) 3 - 12 units per 13 - 22 units per 23 - 150 units per above, then 23 to N/A acre acre acre 200 units per acre density. Minimum public right-of-way 5 foot minimum 0 foot minimum 0 foot minimum 0 foot minimum 0 foot minimum setback Minimum interior 5 feet/ 5 feet/ 0 feet unless 0 feet unless 0 feet unless setback(2) 0 for attached 0 for attached adjacent to low adjacent to low adjacent to low density, then 5 feet. density, then 5 feet. density, then 5 feet. Minimum rear 5 feet 5 feet 0 feet unless 0 feet unless 0 feet unless yard setback adjacent to low adjacent to low adjacent to low density, then 5 feet. density, then 5 feet. density, then 5 feet. Maximum building Refer to Exhibit C-1 height Development Area Applicable Refer to Exhibit C-1

(1) These standards are not intended to permit development of more units/square feet than permitted in the Main Body of this Development Agreement. (2) Buildings in Development Parcel 14 and the Office Campus shall maintain a 10 foot setback from the Project Boundary Line, as shown in Exhibit 3.

Revised 2009 – Adopted December 1999 C-13 Final Document

5.1. Measurement of Setbacks. Measurement of an interior or rear setback is measured from an abutting property line. The street setback is measured from the street right-of-way or private street corridor.

5.2. Setbacks – Exceptions. When the common property line of two lots (zero lot line, etc.) will be covered by a proposed building(s), the required applicable interior setbacks shall not apply along the common- property line.

5.3. Setback Exceptions: A. The following architectural elements shall not project more than 24 inches into a required interior setback or building setback line or 30 inches into a street setback:

1. chimneys 2. flues 3. belt courses 4. sills 5. pilasters 6. ornamental features 7. cornices 8. eaves 9. dormer extensions 10. greenhouse or bay ; and 11. similar structures as determined by the Designated Official

B. Decks, , , walkways and other minor structural elements may intrude into a required setback as follows. (Retaining walls, rockeries, and heat pumps are not minor structural elements from a planning perspective, and therefore may be located in setbacks. Fences located in setbacks are regulated by Section 18.07.120 of the City of Issaquah Land Use Code.)

1. Any portion of a minor structural element which equals or exceeds thirty inches above finished grade may: a. Within an interior or rear setback, intrude into a required setback: i. On a residential lot, a distance no greater than forty percent (40%) of that setback, keeping at least three (3) feet of undisturbed setback. However, they may not extend into required landscape buffers. ii. On a commercial, retail, or recreational lot, a distance no greater than twenty percent (20%) of that setback, keeping at least five (5) feet of undisturbed setback. However, they may not extend into required landscape buffers. iii. To the property line if no setback is required, although it may not extend into required landscape buffers. b. Within a street setback, intrude into a required setback a distance no greater than twenty percent (20%) of that setback, keeping at least five (5) feet of undisturbed setback. Alleys are not considered streets; interior setbacks are used. If no setback is required, it may extend to the property line.

Revised 2009 – Adopted December 1999 C-14 Final Document

2. Any portion of a minor structural element which is less than thirty (30) inches above finished grade may: a) Within an interior or rear setback, extend within three (3) feet of the property line. However, they may not extend into required landscape buffers without the approval of the Designated Official. b) Within the interior or rear setback adjacent to an alley, be allowed if necessary to connect and provide access between the alley and the property’s buildings and uses. Examples of permitted access elements would be walkways and driveways. c) Within a street setback, extend within three (3) feet of the property line, except for elements such as driveways and/or walkways and a walkway’s associated architectural features (such as walls and piers) under 48 inches in height which are permitted to extend to the property line. Alleys are not considered streets; interior or rear setbacks are used. d) If no setback is required, it may extend to the property line, although it may not extend into required landscape buffers.

5.4. Land Use Allocations The chart presented in this section shall identify how each proposed land use will be counted towards the maximum permitted development, as identified in the Main Body of this Development Agreement. Uses not contained in the listed classifications shall be allocated to a particular category, as agreed upon by the Designated Official and the Partnership prior to permitting the construction of that use.

Use Category Residential Commercial Retail Residential/Housing X -- -- Accessory Dwelling Unit ------Home Occupation ------Live/Work Unit X X1 X1 Public/Quasi-Public Services1 -- --1 --1 Community Center1 -- X 1 X 1 Neighborhood Retail -- -- X Hospitality2 X X -- Professional/Medical Office -- X -- General Office / Office Campus -- X -- Retail Office Support (internal)3 -- X -- Retail Office Support -- -- X (external)4 X: Identifies how this land use will be counted toward the overall allowable amount of development --: Likely not counted in this category

1 Proposed uses shall be reviewed by the Designated Official and determined on a case-by-case basis to apply the square footage against the Office or Retail maximum square footage based on use, anticipated traffic generation and/or water consumption. Required parking and vehicle trip generation shall be the two primary factors when determining which land use the public service would most closely match.

Revised 2009 – Adopted December 1999 C-15 Final Document

2 Hospitality shall be counted against the maximum number of residential units at a rate of one rental guest room equivalent to one-third of a residential unit. Should the applicant demonstrate, to the satisfaction of the Designated Official, a lesser relationship based primarily on traffic generation and water consumption, this ratio may be modified accordingly. Conference rooms greater than 2,000 square feet each shall be counted towards the maximum Office square footage. 3 Retail Office Support (internal) shall mean sundry retail and office support contained within an office use, building or office campus and maintaining no street presence other than signage. 4 Retail Office Support (external) shall mean sundry retail and office support not contained within an office use, office building or office campus and available to the general public.

5.5. Home Occupation Home Occupations are permitted in the Village Center, Low, Medium and High Density Residential designations. A Business License issued from the City of Issaquah shall be required and the type of business shall be as described in the Issaquah Municipal Code Section 18.07.470. Additional business types not listed in the IMC shall be allowed subject to approval by the Designated Official, as determined by: • Client parking demand; • Nuisance characteristics (e.g. air emission, vibration, noise, heat, light and glare); and • Conformance with the Home Occupation criteria listed below

Home Occupations shall meet all of the following criteria: • Number of employees – maximum 1 person from outside the residential unit • Gross Floor Area – no maximum • Sign/Nameplate – one, 2 square feet maximum, non-illuminated • Outside storage or display – none permitted • Off-street parking – none required (except as required for residential use) • Deliveries to site – permitted, provided that the quantity of deliveries and the type of delivery vehicle do not negatively impact the neighborhood in which the home occupation is located. • Customers – maximum 1 customer vehicle at any given time • Other requirements ⇒ Owner/operator of the home occupation must reside on site ⇒ Business area will not be counted towards commercial cap on Allowable Development.

6.0 Structure Height

6.1. Measuring Height. Building or structure height shall be measured from the average finished grade of the building or structure, level to either the average height of the highest gable of a pitched or hipped roof, or the highest point of the coping of a flat roof, not including a penthouse or screen for mechanical equipment.

6.2. Development Parcels Parcels 5 and 7 have a height limit of 45 feet, except as permitted by this Section of this appendix. Development parcels 3 and 4 have a height limit of 60 feet, except as permitted by this Section of this appendix.

Revised 2009 – Adopted December 1999 C-16 Final Document

6.3. Height Exceptions. The following uses and features shall not be subject to the height limitations and do not require an administrative modification, however they do require plan approval by the Designated Official.

A. Water Tanks B. Church , belfries, , monuments and crosses C. Power transmission towers D. Chimneys E. Flag Poles F. Television and communication towers (including telescoping antenna) G. Scenery and flytowers H. HVAC equipment, ornamental screens for HVAC units and stair towers I. penthouses J. Architectural pediments which do not provide additional floor area to a building or structure including the addition of a mezzanine, and other uses or features in which the increased height is necessary for proper building use or function. Approval of the additional height for architectural pediments and other uses or features shall be granted, provided all the following criteria are met:

1. The height and bulk of architectural pediments are consistent with the scale and design of the building; 2. The visual character of the building bulk and height are compatible and consistent with the surrounding area; 3. The adjustment of the height will be consistent with the policies, goals and objectives contained in the East VillageTALUS Planning Goals; 4. If the wall plane of a building for which signage is proposed increases in height, the wall area used in determining the area of a sign shall not include the additional wall area of the architectural pediment or feature. The architectural pediments shall not be covered with any signage; and 5. Buildings with architectural pediments shall not be required to provide any additional pervious surface for the additional height increase as a result of the use of such pediment(s).

6.4. Additional Height Exceptions. Building/structure height exceptions, other than those contained in Section 6.2 above, must be reviewed for consistency with Appendices A (Planning Goals) and B (Urban Village Design Guidelines) and approved pursuant to the administrative modifications review process of Appendix K (Elections and Modifications).

7.0 Accessory Dwelling Units Purpose: The purpose of permitting Accessory Dwelling Units in the East VillageTALUS Project is to provide additional opportunities for Affordable Housing, over and above the required provision of Affordable Units.

7.1. Permitted ADUs: No more than one hundred (100) Accessory Dwelling Units shall be permitted within the East VillageTALUS Project without additional analysis approved by the

Revised 2009 – Adopted December 1999 C-17 Final Document

Designated Official. These units shall not be counted when calculating parcel density nor overall project dwelling units.

7.2. Single Lot: A single family detached or attached lot may have one primary dwelling unit and one ADU, with no more than one (1) ADU per single lot.

7.3. Subdivision: ADUs shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit during buildout.

7.4. Design/Occupancy Requirements A. Design/Location: The ADU may be designed and constructed within or separate from the main residence, subject to approval by the Architectural Review Committee. B. Home Occupations: An ADU may have a permitted home occupation, pursuant to the uses defined in Section 4.0 of this appendix. C. Limitation on Occupancy: The total number of occupants in both the primary residence and ADU combined may not exceed the maximum number allowed in two single households, as established by the definition of “single household”. D. Owner Occupied: An owner of the property must occupy either the primary residence or the Accessory Dwelling Unit. E. Size limits: The ADU may contain up to 1,000 square feet; encompass a full floor; or encompass up to 125% of the , if over the garage. F. Parking: See Appendix P (Parking Standards). G. Mitigation: No mitigation fees are due for the provision of an ADU. H. Review Process: Architectural Review Committee and Building Permit. I. Modifications: Modifications to the provisions stipulated within Section 7.0 of this appendix shall be reviewed by the Designated Official, pursuant to Appendix K (Elections and Modifications) and based on the following criteria: 1. Compatibility with surrounding land uses; 2. Position of ADU on primary residence property; and 3. Compatibility with surrounding neighborhood.

8.0 Enforcement

The Designated Official is authorized and directed to enforce all provisions of this appendix and is empowered to promulgate such rules and regulations as may from time to time be necessary to accomplish the purpose of this appendix, subject to appropriate governmental official approval.

9.0 Administrative Modifications of Standards

Unless otherwise specified, the Designated Official may vary the specific requirements of this appendix as an Administrative Modification of Standards, as outlined in Appendix K (Elections and Modifications). The purpose and intent of an Administrative Modification of Standards is to provide flexibility to modify standards at the administrative level without permitting and adjustment that significantly impacts the surrounding uses in an adverse manner. Uses not identified in Sections 4.2 through 4.7 may be permitted, pursuant to Appendix K.

Revised 2009 – Adopted December 1999 C-18 Final Document

9.1. Density Changes An increase or decrease in density or change in land use designation, as stipulated in Section 4.1 of this appendix, shall be reviewed by the Designated Official and processed pursuant to Appendix K (Elections and Modifications) as well as the following criteria: A. Surrounding land uses; B. Adequacy of roadways and other infrastructure; and C. Location and impact on critical areas.

Revised 2009 – Adopted December 1999 C-19 Final Document

Revised 2009 – Adopted December 1999 C-20 Final Document