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A. Walkways and Sidewalks – Standards and Map.

1. Sidewalk Widths. The minimum width of a perimeter walkway or sidewalk shall be as prescribed in Figure 20.25A.090.A.1, plus a six-inch curb. A planter strip or tree pit shall be included within the prescribed minimum width of the walkway or sidewalk as provided in 20.25A.090A.1, Plate A.

Figure 20.25A.090.A.1. 

Table 20.25A.090.A.1 Plate A. PLATE A – Downtown Bellevue Planter Strip/Tree Pits Required

East-West

Planter Strip/Tree Pits

NE 12th (102nd to I-405)

Planter Strip

NE 11th (110th to 112th)

Planter Strip

NE 10th (100th to 106th)

Planter Strip

NE 10th (106 to I-405)

Planter Strip

NE 9th (110th to 111th)

Tree Pits

NE 8th (100th to 106th)

Planter Strip

NE 8th (106th to 112th)

Planter Strip

NE 6th (Bellevue Way to 106th)

See Pedestrian Corridor Design Guidelines

NE 6th (106th to 108th)

See Pedestrian Corridor Design Guidelines

NE 6th (108th to 110th)

Tree Pits

NE 6th (110th to 112th)

Planter Strip on the south side, Tree Pits on the north side

NE 4th (100th to I-405)

Planter Strip

NE 3rd Pl (110th to 111th)

Tree Pits

NE 2nd Pl (108th to 111th)

Planter Strip

NE 2nd (Bellevue Way to I-405)

Planter Strip

NE 1st/2nd (100th to Bellevue Way)

Planter Strip

NE 1st (103rd to Bellevue Way)

Tree Pits

Main St (100th to Bellevue Way)

Tree Pits

Main St (Bellevue Way to I-405)

Planter Strip

North-South

Planter Strip/Tree Pits

100th (NE 12th to Main)

Planter Strip

100th (NE 10th to NE 1st)

Planter Strip

100th (NE 1st to Main)

Planter Strip

101st Ave SE (south of Main St)

Tree Pits

102nd (NE 12th to NE 8th)

Planter Strip

102nd (NE 1st to south of Main St)

Tree Pits

103rd (near NE 10th)

Tree Pits

103rd (NE 2nd to Main St)

Tree Pits

Bellevue Way (NE 12th to NE 10th)

Planter Strip

Bellevue Way (NE 10th to NE 4th)

Planter Strip

Bellevue Way (NE 4th to Main)

Planter Strip

Bellevue Way (Main to Downtown Boundary)

Planter Strip

105th (NE 4th to NE 2nd)

Planter Strip

105th SE (near Main St.)

Planter Strip

106th (NE 12th to NE 8th)

Planter Strip

106th (NE 8th to NE 4th)

Tree Pits

106th (NE 4th to Main St.)

Planter Strip

106th Pl NE (near NE 12th)

Tree Pits

107th (NE 2nd to south of Main St.)

Tree Pits

108th (NE 12th to NE 8th)

Tree Pits

108th (NE 8th to NE 4th)

Tree Pits

108th (NE 4th to south of Main St.)

Tree Pits

109th (near NE 10th)

Planter Strip

110th (NE 12th to NE 8th)

Planter Strip

110th (NE 8th to NE 4th)

Planter Strip

110th (NE 4th to Main St.)

Planter Strip

111th (NE 11th to NE 9th)

Planter Strip

111th (NE 4th to NE 2nd)

Planter Strip

2. Minimum Width. Along any other street not listed in this section, the minimum width of a perimeter walkway or sidewalk is 12 feet plus a six-inch curb. Included in that 12 feet and adjacent to the curb, there shall be a planter strip or tree pit as prescribed in Plate A of this section.

3. Unobstructed Travel Path. Within the width of the walkway or sidewalk, at least six feet of unobstructed travel path shall be maintained for safe pedestrian access in new development. A narrower width may be approved to accommodate sidewalk cafes adjacent to development that was permitted under Part 20.25A LUC prior to October 24, 2017, if the width is consistent with design standards adopted by the Director of Transportation and is consistent with the ADA.

B. Planter Strips and Tree Pits. Planter strips shall be at least five feet wide and as long as the street frontage, excluding curb cuts, driveways, and spacing for utilities. Planter strips and tree pits shall be located adjacent to the curb unless precluded by existing utilities that cannot be reasonably relocated. Tree pits shall be covered with protective grates or pavers. Where stormwater facilities are used in conjunction with tree pits, removable grates shall be utilized. Pursuant to LUC 20.25A.030.D.1, the Director may approve an Administrative Departure for the location or size of tree pits and planter strips if the applicant is unable to meet the requirements of this subsection due to utility placement or other obstructions that are out of the applicant’s control.

C. Downtown Core.

1. Major Pedestrian Corridor.

a. Purpose. The major pedestrian corridor is to serve as a focus for pedestrian use.

b. Location. The alignment of the major pedestrian corridor is defined as the area within 30 feet of the extension of the north line of Lots 3 and 4, Block 2 of Cheriton Fruit Gardens Plat No. 1 recorded in the King County Recorder’s Office (or its successor agency) in Volume 7 of Plats at page 47, extending from the eastern edge of the enclosed portion of Bellevue Square to 108th Avenue NE and the area within 30 feet north of the north curb and 30 feet south of the south curb of the Bellevue Transit Center traffic lanes as hereafter approved by the City, extending across the 108th Avenue NE right-of-way and to 110th Avenue NE. This alignment may be modified by the Bellevue Pedestrian Corridor Guidelines or by a Corridor Development Design Plan for a specific property.

c. Bellevue Pedestrian Corridor Guidelines. Each development abutting the Pedestrian Corridor as described in subsection C.1.c.v of this section shall comply with the provisions of this subsection and the Bellevue Pedestrian Corridor Guidelines and Major Open Space Design Guidelines as adopted by the City Council, or as the same may hereafter be amended. The Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines consist of general design guidelines consistent with provisions of this subsection.

i. The corridor shall present a coordinated design. The City shall consider coordinated design features such as uniform treatment of signing, landscaping, and lighting over the entire length of the corridor. Variety in the design shall be allowed and in some cases encouraged in order to provide visual interest and harmony with adjacent development. The corridor shall incorporate numerous pedestrian amenities such as seating areas, landscaping, art features, weather protection and pedestrian scale lighting.

ii. The major pedestrian corridor shall provide predominantly continuous pedestrian-oriented frontage, plazas, pedestrian ways, street arcades, landscape features, or enclosed plazas along its entire length.

iii. The entire corridor shall be open to the public 24 hours per day. Segments of the corridor may be bridged or covered for weather protection, but not enclosed. Temporary closures will be allowed as necessary for maintenance purposes.

iv. Pedestrian movement across 104th Avenue NE, 106th Avenue NE or 108th Avenue NE shall be at grade.

v. The major pedestrian corridor width is established as part of the Bellevue Pedestrian Corridor Guidelines. The corridor width shall average 60 feet and in no case be less than 40 feet over each superblock west of 108th Avenue NE, and shall average 30 feet and in no case be less than 20 feet on each side over the superblock extending from the western edge of the 108th Avenue NE right-of-way to 110th Avenue NE.

All subdivisions or short subdivisions hereafter approved or permits for any structure or permanent parking or circulation area shall be reviewed for compatibility with the alignment of the major pedestrian corridor and major public open space as specified in subsection C.1.b of this section or in the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines if any lot line, structure or permanent parking or circulation area is within:

(1) Three hundred thirty feet of the centerline of the major pedestrian corridor if west of 108th Avenue NE; or

(2) The area between the exterior edge of the curb lines of the Transit Center and the eastward extension of the trigger lines as defined in subsection C.1.c.v(1) of this section to 110th Avenue NE.

d. Preservation of the Major Pedestrian Corridor.

i. Prior to the issuance of a Building Permit for any structure other than surface parking; and other than any interior remodel or exterior remodel that enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; located within the major pedestrian corridor as defined in subsection C.1.b of this section, the following conditions shall be met:

(1) The alignment of the major pedestrian corridor related to the proposed structure or permanent parking or circulation area shall be established by the execution and recording of a legal agreement in accordance with subsection C.1.e.i or C.1.e.ii of this section.

(2) A Design Development Plan for the section of the corridor required to be constructed under subsection C.1.c.iii of this section. Corridor shall be approved by the Director as required by subsection C.1.e.ii of this section. Construction shall begin prior to the issuance of certificate of occupancy or a temporary certificate of occupancy for the structure other than surface parking as required by subsection C.1.e.iii(2) of this section.

ii. Building Permits for surface parking areas to be located in this corridor as defined in subsection C.1.b of this section may be granted for up to a five-year period, subject to the landscape requirement for surface parking areas in the DT-MU District, as specified in LUC 20.25A.110.B. Building Permits for parking areas may be renewed only if the Director finds that an extension is necessary to meet the maximum Code requirements for parking and the extension is necessary for the construction of a building requiring utilization of the surface parking area.

e. Provision of the Corridor.

i. If the property owner wishes to at any time obtain bonus FAR for construction of the major pedestrian corridor, the City may approve the subdivision or short subdivision of property resulting in any interior lot line that is within the distances specified in subsection C.1.c.v of this section only if:

(1) The owner of the property to be subdivided or short subdivided executes a legal agreement providing that all property that he/she owns within the superblock in which any of the property to be subdivided or short subdivided is located and that is within the alignment of the major pedestrian corridor established under subsection C.1.b, C.1.c or C.1.e.iii of this section (hereafter the “Corridor Property”) shall be subject to a nonexclusive right of pedestrian use and access by the public. The agreement shall legally describe and shall apply to only that property of the owner located within the distances specified in subsection C.1.c.v of this section. Such an agreement shall further provide that:

(a) The public right of pedestrian use established thereunder shall be enforceable by the City of Bellevue, and the City shall have full rights of pedestrian access to and use of the corridor property for purposes of enforcing the rights of the public under this agreement.

(b) The obligations under the agreement shall run with the corridor property. The agreement shall be reviewed at the end of 50 years from the date the agreement is signed and shall continue or change in accordance with the then existing public need for pedestrian use and access of the corridor for subsequent 50-year terms.

(c) The owner shall design and construct the corridor within such corridor property in accordance with the requirements of subsection C.1 of this section.

(d) The agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director.

(e) The owner shall maintain the portion of the corridor located on the corridor property and keep the same in good repair.

(f) The City shall provide adequate police protection.

(g) No modifications may be made to the corridor without approval of the City in accordance with subsection C.1.e.ii of this section.

(h) The alignment of any such portion of the pedestrian corridor established by a legal agreement may be modified or terminated by the property owner and the City if the alignment of any section of the major pedestrian corridor changes pursuant to subsection C.1.e.ii of this section.

(i) The owner may adopt reasonable rules and regulations for use of his/her portion of the corridor; provided, that the same may not be inconsistent with the requirements or intentions of this section.

(j) Any other terms and conditions that the owner(s) and the City agree to.

ii. Corridor Design Development Plan. Prior to the issuance of a Building Permit for the construction of any structure other than surface parking; and other than any interior remodel or exterior remodel that enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; on the property, any portion of which abuts the major pedestrian corridor and is within the distances specified in subsection C.1.c.v of this section, a Design Development Plan for the section of the corridor required to be constructed under subsection C.1.e.iii of this section shall be submitted to and approved by the Director, through Design Review, Part 20.30F LUC. If the owner constructs a temporary pedestrian linkage under subsection C.1.f of this section, preparation of the Corridor Design Development Plan shall not be required until the property to be developed is located within:

(1) One hundred thirty feet of the centerline of the major pedestrian corridor, west of 108th Avenue NE; or

(2) The area between the exterior edge of the curb lines of the Transit Center and the eastward extension of the trigger lines as defined in subsection C.1.e.ii(1) of this section to 110th Avenue NE. The proposed plan shall specify the following elements:

(a) Landscaping,

(b) Lighting,

(c) Street furniture,

(d) Color and materials,

(e) Relationship to building frontage,

(f) Specific alignment for property on which the corridor will have to be constructed by the applicant proposing development,

(g) Any other physical element that the Director and the City Council, in their review, determine is necessary for and consistent with the Design Development Plan for a specific section of the major pedestrian corridor, not including specific requirements to construct structures containing retail uses abutting the corridor.

iii. The City may issue a permit for the construction of a structure other than surface parking and other than any interior remodel or exterior remodel that enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added; and provided, that all new floor area is devoted to pedestrian-oriented uses; on property any part of which abuts the major pedestrian corridor and is within the distances specified in subsection C.1.c.v of this section at the time of the adoption of Ordinance No. 2945 only if:

(1) The owner complies with subsections C.1.e.i(1)(a) through (j) of this section if that owner wishes to earn bonus FAR for construction of the major pedestrian corridor; and

(2) The owner files a Building Permit application to construct his/her section of the corridor on (a) land he/she owns within the corridor and within the superblock of the subject construction permit for a structure, and (b) on one-half the width of any abutting City-owned land in the corridor (except for intersections listed below). The City shall initiate or abutting property owners may initiate a street vacation for right-of-way the City owns between 104th Avenue NE and 106th Avenue NE at NE 6th Street in conjunction with or prior to an owner application to construct the major pedestrian corridor. Actual construction of the corridor must begin prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for the structure other than surface parking. The City shall construct the corridor at the street intersections of the corridor and 104th Avenue NE, 106th Avenue NE, and 108th Avenue NE. The width of the corridor that would have to be constructed under the requirements of subsection C.1.e.iii of this section may be modified when the final alignment of the corridor is established as part of Corridor Design Development Plan (subsection C.1.e.ii of this section). Notwithstanding this potential change in the width of the corridor that would have to be constructed under subsection E.1.e.iii of this section, property owners shall at a minimum be required to construct the section of the corridor as specified in subsection C.1.e.iii(2)(a) of this section. Building Permits for surface parking areas to be located on property any part of which abuts the major pedestrian corridor and is within the distances specified in subsection C.1.c.v of this section at the time of the adoption of the ordinance codified in this Part 20.25A LUC may be issued subject to the conditions specified in subsection C.1.d.ii of this section. Notwithstanding any other requirement of this section, if a temporary pedestrian linkage is constructed as specified in subsection C.1.f of this section, construction of the corridor shall not be required unless the property to be developed is located within the distances specified in subsection C.1.e.ii of this section.

f. Temporary Pedestrian Linkage.

i. Any temporary pedestrian linkage developed under subsection C.1.c.iii of this section shall at a minimum include a combination of paving, landscaping, and lighting to permit safe pedestrian movement at night.

ii. The City Council must approve a plan for any temporary pedestrian linkage to be prepared as part of a Corridor Design Planning process approved through a Development Agreement consistent with Chapter 36.70B RCW.

iii. Any owner constructing a temporary pedestrian linkage under subsection C.1.e.iii of this section shall construct the linkage across all lands that he/she owns within the superblock where development is proposed that abut or are within the alignment of the corridor.

g. Maintenance. Each segment of the major pedestrian corridor shall be maintained by the property owners abutting it. The City shall maintain the intersections of all public streets with the corridor.

h. Bonus Floor Area for Major Pedestrian Corridor Construction. Bonus floor area associated with the major pedestrian corridor shall be awarded pursuant to the terms of LUC 20.25A.070 to owners of property within the distances specified in subsection C.1.c.v of this section through Design Review, Part 20.30F LUC, and according to the provisions of subsection C.1.e.iii(2) of this section, in conjunction with an application for a permit to construct a structure, permanent parking, or circulation area within the major pedestrian corridor and the provision of a legal agreement establishing the public right of pedestrian use pursuant to subsections C.1.e.i(1)(a) through (j) of this section.

i. Exempt Activity/Use. Notwithstanding the provisions of subsection C.1 of this section, the following activities and uses may occur on property within the distances specified in subsection C.1.c.v of this section without concurrent construction of the major pedestrian corridor, the temporary pedestrian linkage or the intermediate pedestrian corridor:

i. Surface parking approved pursuant to subsection C.1.d.ii of this section;

ii. Landscape development;

iii. Street, access and sidewalk improvements, including the Transit Center, as provided for in subsection C.2 of this section;

iv. Any interior remodel;

v. Any exterior remodel; provided, that if exterior dimensions are enlarged new floor area may not exceed a total of 20 percent of the gross floor area of the structure as it existed on the effective date of this provision; and provided, that all new pedestrian level floor area is devoted to pedestrian-oriented uses;

vi. Development of the temporary pedestrian linkage or the intermediate pedestrian corridor.

j. Intermediate Pedestrian Corridor.

i. Notwithstanding any provision of this Code, which requires construction of the major pedestrian corridor, a property owner may phase construction of that section of the major pedestrian corridor otherwise required to be built by delaying any portion not directly abutting or adjacent to the project limit that triggered the construction requirement if the owner provides an intermediate pedestrian corridor for that delayed portion of the corridor property that:

(1) Is at least 16 feet in width from the centerline of the major pedestrian corridor west of 108th Avenue NE, or extending outward from the exterior edge of the north or south curb lines of the Bellevue Transit Center traffic lanes. This space shall be designed to include a minimum four feet edge separating and defining the space, a minimum eight feet pedestrian movement area and a minimum four feet recreation/activity area.

(2) Incorporates lighting, planting, seating, and scored or decorative paving.

(3) Provides a sense of enclosure along the exterior edge of the space by the use of a design element that both physically and visually separates the intermediate corridor from abutting property. Nonexclusive examples of such an element sculptural wall, dense planting, or berm.

(4) Is consistent with the applicable provisions of the Bellevue Pedestrian Corridor Guidelines, as determined by the Director.

ii. Design for any intermediate pedestrian corridor shall be approved through Design Review, Part 20.30F LUC, in conjunction with the Design Development Plan for the major pedestrian corridor required to be constructed.

iii. An intermediate pedestrian corridor satisfies any requirement of this Code to construct the temporary pedestrian linkage.

iv. Space developed as an intermediate pedestrian corridor shall be replaced by the major pedestrian corridor at the time of development on any project limit abutting or adjacent to the major pedestrian corridor. Construction of the major pedestrian corridor shall be in conformance with all requirements of subsection C.1.e of this section.

2. Major Public Open Spaces.

a. Purpose. Major public open spaces serve as focal points for pedestrian activity within the Downtown Core, and are design elements fully integrated with the major pedestrian corridor.

b. Location. The major public open spaces are to be located at or near the junction of the major pedestrian corridor and:

i. Bellevue Way;

ii. 106th Avenue NE;

iii. 110th Avenue NE.

c. Design. Each development abutting a location of the major open public spaces as defined in subsection C.2.b of this section shall comply with the provisions of this subsection and the Bellevue Pedestrian Corridor Guidelines and Major Public Open Space Guidelines as adopted by the City Council, or as the same may hereafter be amended. The Bellevue Pedestrian Corridor and Major Open Space Design Guidelines consist of general design guidelines consistent with provisions of this subsection.

i. The major public open spaces shall be designed with numerous pedestrian amenities such that these areas serve as focal points. Pedestrian amenities include elements such as seating, lighting, special paving, planting, food and flower vendors, artwork and special recreational features. The design shall be coordinated with that of the major pedestrian corridors.

ii. The major public open spaces at or near 106th Avenue NE and 110th Avenue NE shall be a minimum of 30,000 square feet in size. A maximum of 37,000 square feet is allowed for the purpose of obtaining bonus floor area. The major public open space at or near Bellevue Way shall be a minimum of 10,000 square feet in size. A maximum of 15,000 square feet is allowed for the purpose of obtaining bonus floor area.

iii. Area devoted to a major public open space shall be in addition to any area devoted to the major pedestrian corridor.

iv. Pedestrian-oriented frontage is required on at least two sides of a major public open space unless the major public space is linear in design, in which case pedestrian-oriented frontage is required on at least one side.

d. Specific Development Mechanism.

i. General. The provisions of this subsection C.2.d establish alternative development mechanisms and specific requirements for each of the major public open spaces. Each affected property owner shall comply with the major public open space design and construction requirements. Only those property owners who establish public access through a recorded legal agreement may utilize the FAR bonus for these open spaces.

ii. Ownership. The owners of property to be devoted to a major public open space will retain fee ownership of that property.

iii. Public Access – Legal Agreement.

(1) Each owner of property to be devoted to a major public open space who chooses to participate in the FAR bonus system for a major public open space shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public.

(2) The agreement shall further provide that the public right of pedestrian use established thereunder shall be enforceable by the City of Bellevue, and the City shall have full rights of pedestrian access to and use of the major public open space for purposes of enforcing the rights of the public under the agreement.

(3) The agreement shall be recorded with the King County Recorder’s Office and the Director.

(4) The obligations under the agreement shall run with the land devoted to a major public open space. The agreement shall be reviewed at the end of 50 years from the date the agreement is signed and shall continue or change in accordance with the then-existing public need for pedestrian use and access of a major public open space for subsequent 50-year terms.

(5) The owner of property to be devoted to a major public open space shall maintain that portion of the major public open space and keep the same in good repair.

(6) The owners of property to be devoted to a major public open space may adopt reasonable rules and regulations for the use of that space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access and the intention of subsection C.2.d.iii of this section.

iv. Arrangement of Space. The general apportionment, location, and major design features of at least the minimum area of a major public open space shall be established as part of the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines. The specific apportionment and specific design of a major public open space on each affected parcel shall be established through the Design Development Plan described in subsection C.4.d.x of this section.

v. Development Rights. Space above and beneath the area to be devoted to a major public open space may be developed by the property owner so long as that development is not in conflict with any established pedestrian use of and access to the major public open space, the intentions of subsection C.2.d.iii of this section, if applicable, and the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines.

vi. Floor Area Ratio Bonus.

(1) Bonus floor area associated with major public open space shall be awarded pursuant to the terms of LUC 20.25A.070.F to owners of property to be devoted to the major public open space who provide a recorded legal agreement pursuant to subsection C.2.d.iii of this section upon approval of an application to construct that major public open space.

(2) Bonus floor area earned for construction of a major public open space may be used within the project limit incorporating the Major Public Open Space or transferred to any other property within the area of Downtown bounded on the west by Bellevue Way, on the east by 112th Avenue NE, on the south by NE 4th Street and on the north by NE 8th Street. Properties may utilize transferred floor area only to the extent that the building height does not exceed maximum height limits established for the applicable Land Use District. Each transfer shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director.

vii. Construction Required. Subject to subsection C.4.d.viii of this section, construction by the property owner of all or part of a major public open space on property in that ownership at the location identified in the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines is required in conjunction with any development on property in that ownership within:

(1) One hundred seventy-five feet of the intersection of the eastern edge of the 106th Avenue NE right-of-way and the centerline of the major pedestrian corridor, but including only that area east of the 106th Avenue NE right-of-way; or

(2) One hundred seventy-five feet of the intersection of the centerline of the 110th Avenue NE right-of-way and the centerline of the major pedestrian corridor, or the extension thereof; or

(3) One hundred seventy-five feet of the intersection of the centerline of the Bellevue Way right-of-way and the centerline of the major pedestrian corridor.

viii. Exempt Activity/Use. Notwithstanding the provisions of subsection C.4.d.vii of this section, the following activities and uses may occur on property described therein without concurrent construction of the major public open space:

(1) Surface parking, subject to the landscape development provisions of this Code, for a period of not more than five years;

(2) Temporary major pedestrian corridor improvements in conformance with the Interim Corridor Design Plan;

(3) Landscape development;

(4) Street improvements;

(5) Any interior remodel; and

(6) Any exterior remodel that enlarges exterior dimensions such that new floor area not exceeding a total of 20 percent of the gross floor area of the existing building is added, and all new floor area is devoted to pedestrian-oriented uses.

ix. Major Public Open Space Design.

(1) Prior to issuance of a Building Permit for any structure that requires construction of all or part of a major public open space, or prior to actual construction of all or part of a major public open space, whichever comes first, the Bellevue Pedestrian Corridor and Major Public Open Space Design Guidelines shall contain an illustrative design generally apportioning the minimum required amount of major public open space for that entire open space. Each major public open space may have a separate illustrative design.

(2) The property owners shall record the approved illustrative design with the King County Recorder’s Office and provide a copy to the Director.

x. Design Development Plan.

(1) Prior to issuance of a Building Permit for any structure that requires construction of all or part of a major public open space, or prior to actual construction of all or part of a major public open space, whichever comes first, a Design Development Plan for that portion to be constructed shall be submitted to and approved by the Director.

(2) The Director shall review the plan, or amend any approved plan through Design Review, Part 20.30F LUC. Plans that depart from the conceptual design in the Pedestrian Corridor and Major Public Open Space design guidelines shall be approved by the City Council through a Development Agreement consistent with Chapter 36.70B RCW. A plan approved by the Council through the City Council Design Review process may be amended by the Director through Part 20.30F LUC.

(3) The proposed plan shall specify the following elements:

(a) Landscaping;

(b) Lighting;

(c) Street furniture;

(d) Color and materials;

(e) Relationship to building frontage;

(f) Specific location of the major public open space;

(g) All design features required pursuant to subsection C.2.c of this section;

(h) Relationship to and coordination with other portions of the major public open space, and with the major pedestrian corridor;

(i) Any other physical element that the Director determines is necessary for and consistent with the Major Public Open Space Design Plan.

3. Minor Publicly Accessible Spaces.

a. Purpose. Minor publicly accessible spaces provide relief from high-intensity urban development, serve as visual gateways to the intensive Downtown Core, and provide opportunities for active or passive recreation.

b. Applicability. Minor publicly accessible spaces shall be required when a development in the Downtown Core does not participate in the Amenity Incentive System of LUC 20.25A.070.

c. Location. Minor publicly accessible spaces shall be located in Downtown. At least two spaces shall be located in each superblock based on the coordination of design and proximity to other publicly accessible spaces, or pedestrian connections.

d. Design Guidelines.

i. Minor publicly accessible spaces may be outdoors or enclosed as long as adequate access is provided and their existence is easily identifiable.

ii. A minor publicly accessible space shall be open at least during the hours of 8:00 a.m. to 10:00 p.m., or during the hours of operation of adjacent uses, whichever is lesser.

iii. A minor publicly accessible open space shall be developed as a plaza, enclosed plaza, or art or landscape feature. The design criteria of LUC 20.25A.070.D.4 Amenity 2 or Amenity 7 shall be met, and the FAR amenity bonus may be utilized.

iv. Directional signage shall identify circulation routes for all users and state that the space is accessible to the public at the times specified by subsection C.3.d.ii. of this section. The signage shall be visible from all points of access. The Director shall require signage as provided in the City of Bellevue Transportation Department Design Manual. If the signage requirements are not feasible, the applicant may propose an alternative that is consistent with this section and achieves the design objectives for the building and the site.

e. Public Access – Legal Agreement.

i. Owners of property that is used for a minor publicly accessible open space shall execute a legal agreement providing that such property is subject to a nonexclusive right of pedestrian use and access by the public during hours of operation.

ii. The agreement shall provide that the public right for pedestrian use shall be enforceable by the City of Bellevue, and the City shall have full rights of access to the minor publicly accessible space and associated circulation routes for purposes of enforcing the rights of the public under this agreement.

iii. Owners of property subject to this legal agreement shall maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided, that the rules and regulations are not in conflict with the right of pedestrian use and access, and are consistent with this section.

iv. The agreement shall be recorded with the King County Recorder’s Office (or its successor agency) and provided to the Director. (Ord. 6377, 10-16-17, § 2)