20.25D.105 Operations and Maintenance Satellite Facility Development Requirements

20.25D.105 Operations and Maintenance Satellite Facility Development Requirements.

A. Applicability. This section applies to property where the use, construction, or installation of an OMSF is proposed, including areas disturbed temporarily during construction and identified for mitigation of permanent and temporary impacts related thereto.

B. Purpose. The purpose of this section is to:

1. Provide certainty and predictability for the City, the Regional Transit Authority, and the public with respect to Land Use Code requirements and processes applicable to an OMSF;

2. Provide a mechanism for addressing any applicable Land Use Code requirements that are impractical or infeasible for an OMSF;

3. Facilitate transparent and efficient decision making and interagency cooperation between the City of Bellevue and the Regional Transit Authority;

4. Ensure that the design, development, construction and operation of the OMSF is consistent with applicable Comprehensive Plan and Subarea Plan Policies; and

5. Ensure that the development, construction and operation of the OMSF complies with applicable Bellevue City Codes, including without limitation the noise control code, Chapter 9.18 BCC, and the environmental procedures code, Chapter 22.02 BCC.

C. Who May Apply. A Regional Transit Authority authorized under Chapter 81.112 RCW, as may be hereinafter amended, may apply for Master Development Plan and Design Review approvals required by the terms of LUC 20.25D.070 Transportation and Utilities Chart Note (18) to develop an OMSF; provided, the following conditions have been satisfied for all properties affected by the application(s):

1. The Regional Transit Authority has completed environmental review of the OMSF site identified in the City of Bellevue;

2. Design elements agreed to in any MOU between the Regional Transit Authority and the City of Bellevue have been included in the environmental review completed to support siting and development of the OMSF;

3. The OMSF is designed to serve or accommodate storage of no more than 96 cars; and

4. A final decision regarding location of the OMSF site has been made by the Regional Transit Authority.

1. Applicable BelRed Land Use District Sections Incorporated by Reference. Predictability and certainty with respect to substantive Land Use Code requirements ensures that an OMSF design is sensitive to the context of the underlying land use district, and that temporary and permanent impacts are appropriately mitigated. The following BelRed Land Use District sections of the Land Use Code are expressly incorporated into the provisions of this section and made applicable to an OMSF within that land use district:

a. LUC 20.25D.010 – General;

b. LUC 20.25D.020 – Definition Specific to BelRed;

c. LUC 20.25D.030 – Review Required;

d. LUC 20.25D.050 – Permitted Uses;

e. LUC 20.25D.070 – Transportation and Utilities Use in BelRed Land Use Districts;

f. LUC 20.25D.110.B, D, E, F – Various Landscape Standards;

g. LUC 20.25D.110.H – Fences;

h. LUC 20.25D.120 – Parking, Circulation and Internal Walkway Requirements;

i. LUC 20.25D.130.E – Building Materials;

j. LUC 20.25D.150 – Design Guidelines.

2. The following development requirements shall apply to the OMSF use in addition to the provisions contained in subsection D.1 of this section.

i. Height Limitations. The height limitation applicable to OMSF structures is 45 feet.

ii. Setbacks. On 120th Ave NE, the minimum setback applicable to the OMSF facility is as agreed to between the Regional Transit Authority and the City. On perimeter property lines other that 120th Ave NE, the setback to the OMSF facility is determined by the landscaping required by subsection D.2.b of this section.

i. The OMSF use requires 15 feet of Type I landscaping pursuant to the requirements of LUC 20.20.520.G.1 on all sides of the facility when not housed within a building. Type V landscaping is required within all parking areas.

ii. Existing Vegetation in Lieu of Landscape Development. If the proposal is located within the Critical Areas Overlay District, the Director may waive the planting requirements of subsection D.2.b.i of this section and allow the use of native vegetation that exists within a critical area or within a critical area buffer in lieu of landscape development if the width of that existing vegetated area equals at least twice the dimension required by subsection D.2.b.i of this section and the dense sight barrier purpose of the Type I landscaping is achieved. Supplemental landscaping may also be added adjacent to a buffer to create the necessary width.

iii. The Director will allow the planting requirements of subsection D.2.b.i of this section to be satisfied within a critical area buffer where landscaping is added pursuant to a habitat improvement plan meeting the requirements of LUC 20.25H.055; provided, that the dense sight barrier purpose of the Type I landscaping is achieved.

iv. All landscaping of the OMSF shall comply with the provisions contained in LUC 20.20.520.F.5, F.8, and I.

(1) Landscape development required by this subsection shall be installed and maintained pursuant to the guidance set forth in the Environmental Best Practices and Design Standards (Bellevue Parks Department 2006), now or hereafter amended.

(2) Maintenance of Landscape Screening. Landscape screening is required to be maintained by the owner of the OMSF for the life of the project. Maintenance of landscape screening may be reassigned pursuant to voluntary written agreement filed with the Development Services Department and King County Recorder’s Office or its successor agency.

(3) The applicant may request a modification of the landscape requirements contained in the section pursuant to the provisions of LUC 20.20.520.J; provided, however, that modification of the provisions of subsection D.2.b.ii of this section shall not allow disturbance of a critical area or critical area buffer.

c. Light and Glare. The provisions of LUC 20.20.522 shall apply to the generation of light and glare from OMSF facilities.

d. Mechanical Equipment. Mechanical equipment shall be required to meet the requirements of LUC 20.20.525. Any mechanical screening associated with the OMSF shall be consistent with the landscaping requirements of subsection D.2.b of this section.

e. Recycling and Solid Waste. Solid waste and recyclable material collection areas shall be provided for workers maintaining and operating the OMSF and for removal of waste generated by operation of the OMSF. The applicable sections of LUC 20.20.725 shall apply.

i. General. The provisions of Part 20.25H LUC, Critical Areas Overlay District, apply except as modified pursuant to the provisions of this subsection D.2.f or subsection E of this section.

ii. An applicant seeking approval of an OMSF is not required to demonstrate that no technically feasible location alternative with less impact exists; provided, that the application conditions of subsection C of this section have been met. If the application conditions of subsection C of this section have not been met, the Regional Transit Authority will be required to demonstrate that no technically feasible location alternative exists consistent with the terms of LUC 20.25H.055.C.2.a.

E. Administrative Modification Process. Due to the unique nature of an OMSF use, strict application of LUC provisions will not always be practical or feasible. The purpose of this subsection is to provide an administrative modification process to modify or waive provisions of the Land Use Code when the strict application will render the construction or operation of the OMSF impracticable or infeasible.

1. Decision Criteria. The City, including the Director, may approve or approve with conditions a modification or waiver from the provisions of the Land Use Code if the following criteria have been met:

a. The modification or waiver is the minimum reasonably necessary to make construction or operation of the OMSF practicable and feasible; or

b. The modification or waiver is reasonably necessary to implement or ensure consistency with other related actions approved by the City Council with respect to the OMSF including, but not limited to, any development agreement between the City and the Regional Transit Authority.

2. Limitation on Authority. The Director may not grant a modification or waiver to:

a. The provisions of LUC 20.25D.070 establishing the allowable uses in each land use district in BelRed;

b. The provisions of Chapters 20.30 and 20.35 LUC or any other procedural or administrative provision of the Land Use Code; or

c. Any provision of the Land Use Code or this overlay which, by the terms of the code or overlay, are specifically identified as not subject to modification or waiver, unless such modification is necessary to comply with the terms of subsection E.1.b of this section. (Ord. 6281, 3-21-16, § 3)