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A. Process Roadmap.

1. Use Approval – Two Process Options.

a. Use Permitted by Land Use Code. An RLRT system and its facilities are permitted uses in all land use districts; provided, that the alignment location and profile of the RLRT system has been approved, subsequent to adoption of this overlay, by a Bellevue City Council-adopted resolution or ordinance, or by a development agreement. Any Council-adopted development agreement shall be consistent with Chapter 36.70B RCW and subsection B.1 of this section. Refer to LUC 20.10.440 (Transportation and Utilities Uses in Land Use Districts), LUC 20.25D.070 (Transportation and Utilities Uses in BelRed Land Use Districts), and LUC 20.25H.055.B Note 12.

b. Use Approval Permitted through Conditional Use. Where the City Council has not legislatively adopted a resolution, ordinance, or development agreement permitting the RLRT system and facility use, Council Conditional Use Permit approval is required pursuant to the provisions of subsection B.2 of this section.

2. Subsequent Review. Additional design and mitigation review and shoreline permitting shall be required pursuant to subsections C and D of this section.

B. RLRT System and Facilities Use.

1. Development Agreement – Council Legislative Decision.

a. Scope of Approval. An RLRT system or facility use is permitted outright when its alignment location and profile have been included, subsequent to the adoption of this overlay, in a City Council resolution, ordinance, or development agreement authorized pursuant to Chapter 36.70B RCW. If a development agreement is adopted, the City Council may also allow necessary modifications to this overlay district and to other applicable provisions of the Bellevue City Code, and set forth other terms consistent with Chapters 36.70A and 36.70B RCW and WAC 365-196-550 in order to approve the siting, construction, operation and mitigation of an RLRT system or facility.

b. Applicable Process. A development agreement adopted by the City Council shall be processed under the authority of and pursuant to the procedures set forth in Chapter 36.70B RCW. Any development agreement adopted by the City Council shall be consistent with all applicable Comprehensive Plan policies including without limitation those set forth in LUC 20.25M.010.B.7, and all adopted “development standards,” as that term is used in RCW 36.70B.170(3), that govern and vest the development for a specified time duration to this overlay district and other applicable City regulations; provided, that a development agreement may not extend the vesting period for longer than 15 years from the effective date. Any appeal of a development agreement shall be directly to superior court.

2. Conditional Use Permit – Hearing Examiner Quasi-Judicial Decision.

a. When Required. Development of an RLRT system or facility requires approval under the general development requirements for essential public facilities through a Conditional Use Permit (CUP) process when an alignment location and/or profile have not been approved in a Council-adopted resolution, ordinance, or development agreement. Refer to LUC 20.20.350 for general development requirements applicable to essential public facilities.

b. Scope of Approval. When an RLRT system or facility use has not been permitted outright in a City Council resolution, ordinance, or development agreement, a Conditional Use Permit shall be required to approve the location and profile of the track alignment and major facility elements that are specifically identified in the definition of “regional light rail transit facility” contained in LUC 20.25M.020.D. The Conditional Use Permit is a mechanism for the City to ensure that the RLRT facility use is consistent with the Comprehensive Plan and meets all applicable siting standards. Design, context sensitivity and mitigation standards and design guidelines applicable to specific facility elements shall be met as a component of the Design and Mitigation Review process pursuant to subsection C of this section.

c. Decision Criteria. The City may approve or approve with modifications an application for a Conditional Use Permit if:

i. The conditional use is consistent with the Comprehensive Plan including the Light Rail Best Practices as referenced in Comprehensive Plan Policy TR-75.2; and

ii. The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity of the RLRT facility and system; and

iii. The conditional use will be served by adequate public facilities including streets, fire protection, and utilities; and

iv. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the RLRT facility and system; and

v. The conditional use complies with the applicable requirements of the Land Use Code.

d. Applicable Process and Permit Requirements.

i. The Conditional Use Permit shall be reviewed through Process I (LUC 20.35.100 through 20.35.150).

ii. Periodic review of the conditions of permit approval may be imposed pursuant to the terms of LUC 20.30B.165.

iii. The Conditional Use Permit may be modified or revoked pursuant to the terms of LUC 20.30B.170.

C. Design and Mitigation Review – Decision of the Director.

1. When Required. Prior to issuance of any construction permits, Design and Mitigation Review shall be required for any RLRT system or facility. The Design and Mitigation Review may be consolidated with or undertaken following use approval of an RLRT system and RLRT facilities pursuant to subsection B of this section. The applicant is encouraged to undertake Design and Mitigation Review either prior to or concurrently with the process set forth in subsection B of this section.

2. Scope of Design and Mitigation Approval. Design and Mitigation Review is a mechanism by which the City shall ensure that the design and proposed mitigation for temporary and permanent impacts of an RLRT system and facility is consistent with:

a. The Comprehensive Plan including without limitation Light Rail Best Practices; and the policies set forth in LUC 20.25M.010.B.7; and

b. Any previously approved development agreement or Conditional Use Permit issued pursuant to subsection B.1 or B.2 of this section; and

c. All applicable standards and guidelines contained in City Codes including the procedures related to involvement of a CAC as required by LUC 20.25M.035.

3. Decision Criteria. A proposal for an RLRT system or facility may be approved or approved with conditions; provided, that such proposal satisfies the following criteria:

a. The applicant has demonstrated compliance with the CAC Review requirements of LUC 20.25M.035; and

b. The proposal is consistent with the Comprehensive Plan including without limitation the Light Rail Best Practices referenced in Comprehensive Plan Policy TR-75.2 and the policies set forth in LUC 20.25M.010.B.7; and

c. The proposal complies with the applicable requirements of this Light Rail Overlay District; and

d. The proposal addresses all applicable design guidelines and development standards of this Light Rail Overlay District in a manner which fulfills their purpose and intent; and

e. The proposal is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

f. The proposal will be served by adequate public facilities including streets, fire protection, and utilities; and

g. The proposal complies with the applicable requirements of the Bellevue City Code, including without limitation those referenced in LUC 20.25M.010.B.8; and

h. The proposal is consistent with any development agreement or Conditional Use Permit approved pursuant to subsection B of this section; and

i. The proposal provides mitigation sufficient to eliminate or minimize long-term impacts to properties located near the RLRT facility or system, and sufficient to comply with all mitigation requirements of the Bellevue City Code and other applicable state or federal laws.

j. When the proposed RLRT facility will be located, in whole or in part, in a critical area regulated by Part 20.25H LUC, a separate Critical Areas Land Use Permit shall not be required, but such facility shall satisfy the following additional criteria:

i. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least impact on the critical area and critical area buffer; and

ii. The proposal incorporates the performance standards of Part 20.25H LUC to the maximum extent applicable; and

iii. The proposal includes a mitigation or restoration plan consistent with the requirements of LUC 20.25H.210; except that a proposal to modify or remove vegetation pursuant to an approved Vegetation Management Plan under LUC 20.25H.055.C.3.i shall not require a mitigation or restoration plan.

4. Applicable Process.

a. Design and Mitigation Review approval shall be reviewed through Process II (LUC 20.35.200 through 20.35.250).

b. A Design and Mitigation Review approval that has been previously issued by the Director may be modified pursuant to the terms of LUC 20.30F.175.

D. Shoreline Substantial Development Permit and Variance.

1. Any RLRT facility proposed or located in the Shoreline Overlay District (Part 20.25E LUC) shall comply with the Shoreline Substantial Development Permit (SSDP) requirements of LUC 20.25E.100 and 20.25E.160. Application for a SSDP shall be processed independently of any application for design and mitigation approval under this chapter. Application for an SSDP shall be subject to the decision criteria of LUC 20.25E.150 and 20.25E.160.

2. For properties lying within the Shoreline Overlay District, the City may approve a request to exceed the allowable height limit established by LUC 20.25E.050 through the variance to the Shoreline Master Program process allowed pursuant to LUC 20.25E.100 through 20.25E.120. Application for a shoreline variance shall be subject to the decision criteria of LUC 20.25E.150 and 20.25E.190. (Ord. 6417, 5-21-18, § 51; Ord. 6101, 2-25-13, § 1)