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A. Where Permitted. Pedestrian bridges over the public right-of-way may be allowed at or near the mid-block in the following locations; provided, that no more than one bridge may be allowed on any side of a 600-foot superblock:

1. On NE 4th Street between Bellevue Way and 110th Avenue NE;

2. On NE 8th Street between Bellevue Way and 110th Avenue NE; and

3. On Bellevue Way between NE 4th Street and NE 8th Street.

Above-grade pedestrian crossings over the public right-of-way in existence at the time of adoption of the ordinance codified in this section shall not be considered nonconforming, and may be repaired or replaced in their current locations without compliance with this section.

B. Location and Design Plan. The City Council shall review any Downtown Pedestrian Bridge Location and Design Plan, by entering into a Development Agreement pursuant to the terms of LUC 20.25A.030.D.2.

1. Prior to issuance of any permits for a proposed Downtown pedestrian bridge, a Downtown Pedestrian Bridge Location and Design Plan shall be submitted to and approved by the City Council, through a Development Agreement consistent with Chapter 36.70B RCW.

2. A Downtown Pedestrian Bridge Location and Design Plan shall identify the location of the Downtown pedestrian bridge, include a finding by Council that the proposal satisfies the public benefit test set forth in subsection C of this section, be consistent with the development standards of subsection D of this section, and be consistent with the Comprehensive Plan.

3. The Director shall ensure that the approved Downtown pedestrian bridge is constructed consistent with the Design Plan. Modification to the location of the Downtown pedestrian bridge, or to the articulated public benefits requires approval by the City Council pursuant to this section. Modifications to the design of the crossing that do not modify the location or public benefits, and that are consistent with the intent of the Design Plan may be approved by the Director through the process set forth in Part 20.30F LUC.

4. The property owners shall record the approved Design Plan with the King County Recorder’s Office or its successor agency and provide a copy to the Director.

C. Public Benefit Required. The Council may approve, or approve with modifications, a proposed Downtown pedestrian bridge if it finds that the bridge provides a public benefit. For the purposes of this section, a Downtown pedestrian bridge shall be determined to provide a public benefit when it meets all of the following criteria:

1. The bridge improves pedestrian mobility;

2. The bridge does not detract from street level activity; and

3. The bridge functions as part of the public realm.

D. Development Standards. Each proposed Downtown pedestrian bridge shall be developed in compliance with the following standards:

1. The bridge shall be open from at least 6:00 a.m. to midnight, or during the hours of operation of adjacent uses, whichever is greater. Signs shall be posted in clear view stating that the pedestrian bridge is open to the public during these hours;

2. The bridge connects upper-level publicly accessible space to upper-level publicly accessible space and provides a graceful and proximate connection between the sidewalk and bridge level that is visible and accessible from the sidewalk. The vertical connection shall occur within 50 feet of the sidewalk;

3. Vertical circulation elements shall be designed to indicate the bridge is a clear path for crossing the public right-of-way;

4. Directional signage shall identify circulation routes for all users;

5. Structures connected by the bridge shall draw pedestrians back to the sidewalk at the ground level immediately adjacent to both ends of the pedestrian bridge;

6. It is preferred that the bridge remain unenclosed on the sides, but allow enclosure or partial enclosure if the applicant demonstrates it is necessary for weather protection;

7. Visual access shall be provided from the sidewalk and street into the bridge;

8. Bridge may not diverge from a perpendicular angle to the right-of-way by more than 30 degrees;

9. The interior width of the bridge, measured from inside face to inside face shall be no less than 10 feet and no more than 14 feet;

10. Bridge shall be located at the second building level, with a minimum clearance of 16 feet above the grade of the public right-of-way;

11. Impacts on view corridors, as described in LUC 20.25A.150.A and E, shall be minimized;

12. Impacts on the function of City infrastructure, including but not limited to utilities, lighting, traffic signals, etc., shall be avoided or mitigated;

13. Lighting shall be consistent with public safety standards;

14. Signage on the exterior of the bridge, or on the interior of the bridge that is visible from a public sidewalk or street is not permitted;

15. Bridge shall be architecturally distinct from the structures that it connects; and

16. Bridge shall exhibit exemplary artistic or architectural qualities.

E. Public Access – Legal Agreement.

1. Owners of property that is used for pedestrian bridge circulation and access between the bridge and public sidewalk 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 bridge operation.

2. 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 for the pedestrian bridge and associated circulation routes for purposes of enforcing the rights of the public under this agreement.

3. 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 consistent with this section.

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