20.25M.040 RLRT system and facilities development standards

20.25M.040 RLRT system and facilities development standards.

A. Purpose and Applicability. The RLRT system and facilities are a unique form of essential public facility that is linear in nature, passing through numerous land use and overlay districts, following a route into and out of Bellevue that connects multiple jurisdictions and regional employment and cultural centers. The purpose for including development standards in the Light Rail Overlay is to provide specific requirements for mitigation of impacts created by an RLRT system or facility in land use districts where overlay requirements do not exist or where overlay requirements did not contemplate a light rail use. These standards will be applied during permit review required pursuant to LUC 20.25M.030. The CAC that is required pursuant to LUC 20.25M.035 should advise Sound Transit and the City regarding provisions contained in this section when a finding of context sensitivity is required.

a. Use Approved through Development Agreement. When an RLRT system or facility use has been permitted outright in a City Council resolution, ordinance, or development agreement pursuant to LUC 20.25M.030.B.1, the heights approved by Council action shall be permitted.

b. Use Approved through Conditional Use Permit. When an RLRT system or facility use has not been permitted outright in a City Council resolution, ordinance, or development agreement and requires approval of a Conditional Use Permit pursuant to LUC 20.25M.030.B.2, a request to exceed the height limit for the underlying land use district shall be processed consistent with the provisions of LUC 20.20.350.C.5.

c. Under both subsections B.1.a and B.1.b of this section, where the RLRT system or facility is proposed to exceed the height limit of the underlying land use district, the Regional Transit Authority must demonstrate:

i. The requested increase is the minimum necessary for the effective functioning of the RLRT facility; and

ii. Visual and aesthetic impacts associated with the RLRT facility have been mitigated to the greatest extent feasible.

d. In an RLRT transition area, the applicable setback requirement in subsection B.2 of this section shall be increased by four feet for every one foot of increase above the height limit for the underlying land use district. The increased setback shall apply to a point of 50 feet in either direction beyond the point at which the RLRT facility exceeds the underlying height limit.

a. Requirement. The minimum setback for structures shall apply as set forth for each land use district. In an RLRT transition area, a 30-foot setback is also required from RLRT facility structures and from at-grade or elevated track.

b. Exceptions. The following RLRT facility components are excepted from the requirement to provide a setback.

i. Noise walls, fences and retaining walls; and

ii. Structures allowed in landscape screening areas and installed consistent with the requirements of subsection C.3.b of this section.

3. Structure Separation Requirement. In an RLRT transition area, for at-grade or elevated track, a minimum separation of 60 feet is required between the edge of the track-way nearest the existing residential primary structure and an existing residential primary structure.

4. Measurement. Unless otherwise specifically stated, the measurements for the required primary residential structure separation and setbacks shall be made from the track-way edge that is located nearest to the property to which the setback or primary residential structure separation is applied; provided, that where agreed by the affected property owner, the setback may be measured to the line of a permanent easement granted to the Regional Transit Authority for the purposes of providing separation and area for the landscape screening or buffer required in this part.

a. Applicability. In Light Rail Overlay District areas located within the underlying Downtown Overlay District (Part 20.25A LUC) or the BelRed Overlay District (Part 20.25D LUC), landscape development for an RLRT system or facility shall be provided pursuant to the requirements of such underlying district; provided, however, that the landscape development requirements below shall apply to the RLRT transition area along Main Street in the Downtown Overlay District. In Light Rail Overlay District areas not located within the Downtown Overlay District or BelRed Overlay District, landscape development for an RLRT system or facility shall be provided as described in this subsection.

i. Landscape screening is intended to provide a dense sight barrier to significantly separate and obscure higher intensity uses from lower intensity uses.

ii. Landscape buffers are intended to provide visual relief and softening of transportation facilities where preservation of sight lines is important.

i. All required landscape development shall be context sensitive and shall be reviewed by the CAC as provided for in LUC 20.25M.035.

ii. RLRT systems and facilities proposed under the terms of this overlay should to the maximum extent feasible retain existing significant vegetation in order to soften the visual impact on adjacent properties.

iii. All landscape screening and buffers shall comply with the provisions contained in LUC 20.20.520.F.5 through F.8, G, I and J.

iv. Landscape development required by this section 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.

i. Traction power substations (TPSS) and other above ground nonlinear RLRT facility components shall be screened with 10 feet of Type I landscaping pursuant to the requirements of LUC 20.20.520.G.1.

ii. Park and ride (public parking lot not serving a primary use) and storage track and support facilities shall be screened with 15 feet of Type I landscaping pursuant to the requirements of LUC 20.20.520.G.1.

b. Maintenance of Landscape Screening. Landscape screening is required to be maintained by the Regional Transit Authority 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.

a. Type and Minimum Depth of Landscape Screening and Buffers.

i. Light rail alignment abutting transportation right-of-way shall include frontage landscaping to soften, and separate where feasible, pedestrian facilities from light rail and transportation uses.

(1) Pedestrian facilities located between the light rail use and the transportation right-of-way shall be buffered with four feet of frontage landscaping installed in a planter strip pursuant to the following standards:

(a) Preferred location of the planter strip is between the light rail alignment and the sidewalk, but may be relocated to the opposite edge of the sidewalk to avoid conflicts between required street trees and the light rail overhead catenary system or underground utilities.

(b) Street trees shall be installed in the planter strip and shall be at least three inches in caliper, planted three feet from any street curb, and a maximum of 25 feet on center unless modification is necessary to meet sight distance requirements of BCC 14.60.240.

(c) Shrubbery, groundcover and other approved plantings, except turf, are required in the planter strip along the length of the frontage.

(2) Pedestrian facilities located between the light rail use and property developed in a nonresidential or residential use shall be buffered with four feet of frontage landscaping installed in a planter strip pursuant to the following standards:

(b) Planter strips located adjacent to landscape screening required pursuant to subsections C.3.a.ii and iii of this section are not required to be physically separated from the required landscape screening area.

(c) The requirements of subsections C.3.a.i.(1)(b) through (c) of this section shall be met irrespective of the planter strip location.

ii. Outside an RLRT transition area, light rail alignment abutting private property shall be screened with 20 feet of Type I landscaping which meets the requirements of LUC 20.20.520.G.1.

iii. Within an RLRT transition area, light rail alignment abutting private property shall be screened with 30 feet of Transition Area Design District landscaping which meets the planting requirements of LUC 20.25B.040C.2.c. Landscape screening provided under the terms of this subsection shall be placed within the required 30-foot setback from the RLRT track alignment.

b. Non-Plant Material Allowed in Landscape Buffer and Screening Areas. Fences, walls, noise attenuation barriers, sidewalks and multi-purpose paths, structures with a footprint of 100 square feet or less and less than 10 feet in height, and landscape features such as decorative paving, grating, sculptures, or rock may be located within a required landscape buffer or screening area; provided, that the area devoted to such a feature may not exceed 20 percent of the required area.

c. Ownership of Landscape Screening. Landscape screening located within the required 30-foot setback from the RLRT track alignment is owned by the Regional Transit Authority. The landscape screening located outside the required setback from the RLRT track alignment may be located on property owned in fee by a Regional Transit Authority, on an easement, or on private property where access entry was secured for landscape installation.

d. Maintenance of Landscape Screening. Landscape screening is required to be maintained by the Regional Transit Authority for the life of the project. Maintenance of landscape screening may be reassigned to the underlying property owners pursuant to a voluntary written agreement filed with the Development Services Department and King County Recorder’s Office or its successor agency.

a. Alternative landscape screening and buffering requirements may be approved by the Director if the requirements of LUC 20.20.520.J and the following supplemental requirements are met, when applicable:

i. Alternative Landscape Screening of Nonlinear RLRT Facility Components. The landscape development requirement for TPSS and other above ground nonlinear RLRT facilities structures may be reduced, eliminated or modified by the Director when topography and/or existing vegetation provide adequate sight screening to meet the intent of these standards, or when the TPSS is located within a building or walled enclosure that provides a context sensitive alternative and such modification is reviewed by the CAC.

ii. Alternative Landscape Screening for Linear Alignment outside an RLRT Transition Area. The required screening depth may be reduced subject to agreement of the abutting property owners filed with the Development Services Department and recorded with the King County Recorder’s Office or its successor agency.

iii. Alternative Landscape Screening for Linear Alignment within an RLRT Transition Area. The required screening depth shall not be reduced through the Alternative Landscape Option or the administrative modification provisions of LUC 20.25M.060.

D. Fencing. Fencing shall be required to meet the applicable requirements of LUC 20.20.400 when overlay standards and/or design guidelines have not been incorporated by reference in LUC 20.25M.010.D. Any fencing shall be context sensitive.

1. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare from RLRT facilities:

a. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.

b. Interior lighting in parking garages shall utilize appropriate shielding to prevent spillover upon adjacent uses and the right-of-way.

F. Mechanical Equipment. Mechanical equipment shall be required to meet the applicable requirements of LUC 20.20.525 when overlay standards and/or design guidelines have not been incorporated by reference in LUC 20.25M.010.D. Any mechanical equipment screening shall be consistent with the landscape development requirements of subsection C of this section and shall be context sensitive.

1. Minimum/Maximum Parking Requirements. RLRT facilities do not generate parking demand that requires the provision of accessory parking. The provisions of LUC 20.20.590 shall not apply.

2. Employee Vehicle Parking. Parking spaces shall be provided as necessary to accommodate vehicles of security and operational personnel who service an RLRT facility.

3. Parking and Circulation Improvements and Design. RLRT facilities that provide parking for the public shall meet the requirements of LUC 20.20.590.K.

4. Parking Management Plans. The Regional Transit Authority shall submit a plan for managing parking and drop-off issues that arise when each station becomes operational, irrespective of whether parking is provided.

1. Solid waste and recyclable material collection areas shall be provided for workers maintaining and operating an RLRT facility consistent with the terms of LUC 20.20.725.

2. Solid waste and recyclable material collection receptacles shall also be provided for the public who access the station and park and ride facilities of an RLRT system.

1. General. Pursuant to LUC 20.25M.010.D.1.f, the provisions of Part 20.25H LUC, Critical Areas Overlay District, apply except as modified pursuant to the provisions of this subsection or LUC 20.25M.060.

2. No Technically Feasible Alternative – Determined Based on Use Approval Process.

a. Use Approved through Development Agreement. A Regional Transit Authority is not required to demonstrate that no technically feasible alignment or location alternative with less impact exists for any RLRT facility; provided, that the alignment location and profile of the RLRT system or facility use has been approved by the City Council pursuant to an adopted resolution or ordinance, or by a development agreement consistent with the terms of LUC 20.25M.030.B.1.

b. Use Approved through a Conditional Use Permit. When an RLRT system or facility use has not been permitted outright in a City Council resolution or ordinance or by a development agreement and requires approval of a Conditional Use Permit pursuant to LUC 20.25M.030.B.2, the Regional Transit Authority shall demonstrate that no technically feasible alignment or location alternative with less impact exists as required by the terms of LUC 20.25H.055.C.2.

J. Use of City Right-of-Way. No at-grade RLRT facility or system shall be permitted in the City of Bellevue rights-of-way without prior City approval. (Ord. 6101, 2-25-13, § 1)