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A. Effect of Approval. Approval of the Master Development Plan and/or the Design Review shall constitute the regulations governing Development and operation of an approved Development for the life of the project. Such approval shall be contingent upon compliance with the conditions specified in the approval, conformance with all applicable Development standards, the payment of all fees, and the submittal of Assurance Devices as may be required. The approval shall expire as provided pursuant to LUC 20.40.500, unless otherwise provided for in this Part 20.25Q LUC.

B. Master Development Plan.

1. Scope of Approval. Master Development Plan review (Part 20.30V LUC) is a mechanism by which the City shall ensure that the Site Development components of a multiple Building or phased single Building proposal are consistent with the Comprehensive Plan and meet all applicable Development standards and guidelines. Design, character, architecture and amenity standards and guidelines shall be met as a component of the Design Review (Part 20.30F LUC). Master Development Plan approvals required pursuant to subsection B.2 of this section shall identify proposed Building placement within the Project Limit and demonstrate compliance with the following Development requirements, standards, and guidelines:

a. Dimensional requirements pursuant to LUC 20.25Q.060 as listed below:

i. Building Height for each Building identified in subsection B.1 of this section;

ii. Floor Area Ratio for each Building. Floor Area Ratio shall also be provided to calculate the amenities required pursuant to LUC 20.25Q.070;

iii. Square footage for each residential and nonresidential component of a Building shall be identified in order to demonstrate compliance with the minimum residential requirement in LUC 20.25Q.060; and

iv. Open Space required.

b. Areas identified to accommodate required parking with entrance and exit points and required loading shown in relationship to the Public Right-of-Way as required pursuant to LUC 20.25Q.100.

c. Areas identified to accommodate vehicular, bicycle, and pedestrian circulation pursuant to LUC 20.25Q.100.

d. Areas identified to accommodate landscape Development pursuant to LUC 20.25Q.080.

2. When Required. An applicant for a project with multiple Buildings located within a single Project Limit shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC. An applicant for a single Building project shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC when Building construction is proposed to be phased.

3. For the purposes of this section, the Project Limit may be drawn to encompass a vehicular, bicycle or pedestrian circulation that bisects a Site, provided the Director finds that the following connectivity criteria can be met:

a. A system of corner crossings shall be provided to functionally connect on-site pedestrian paths across the bisecting circulation within the Project Limit;

b. Pedestrian paths shall be provided to connect all Buildings and circulation crossings located within the proposed Project Limit; and

c. Visual connections shall be provided between all Buildings located within the Project Limit by minimizing topographic variation and through use of vegetation and outdoor spaces.

C. Design Review.

1. Scope of Approval. Design Review is a mechanism by which the City shall ensure that the design, character, architecture, amenity, and Site Development components of a proposal are consistent with the Comprehensive Plan and any approved Master Development Plan, and to ensure compliance with all applicable standards and guidelines contained in City Codes including the terms of any departure granted pursuant to subsection D of this section.

2. When Required. A Design Review is required for all East Main projects. An applicant shall submit a Design Review application for approval by the Director pursuant to Part 20.30F LUC.

3. Compliance With an Applicable Master Development Plan or Departure. In addition to the decision criteria in LUC 20.30F.145, each Structure and all proposed Development shall comply with any approved Master Development Plan applicable to the Project Limit described in a Design Review application. If the application for Design Review contains elements inconsistent with an applicable Master Development Plan, the Director shall not approve the Design Review unless the Master Development Plan is amended to include those elements.

D. Departures.

1. Administrative Departures by the Director. Due to the varied nature of architectural design and the unlimited opportunities available to enhance the relationship that occurs between the built environment and the pedestrians, residents and commercial tenants that use built spaces, strict application of the Land Use Code may not always result in the East Main outcomes envisioned by the Comprehensive Plan. The purpose of this subsection is to provide an Administrative Departure process to modify provisions of the Land Use Code when the strict application would result in an East Main Development that does not fully achieve the policy vision as it is articulated in the general sections of the Comprehensive Plan and the Southwest Bellevue Subarea Plan.

2. Applicability. The Director may, through the Master Development Plan or Design Review processes, approve a proposal that departs from specific numeric standards contained in LUC 20.25Q.080, 20.25Q.100 and 20.25Q.130 through 20.25Q.160 or that departs from Land Use Code requirements that specifically provide an opportunity for the Director to approve a departure subject to the provisions of this subsection.

3. Decision Criteria. The Director may approve or approve with conditions an Administrative Departure from applicable provisions of the Land Use Code if the applicant demonstrates that the following criteria have been met:

a. The resulting design will advance a Comprehensive Plan goal or policy objective that is not adequately accommodated by a strict application of this Code; and

b. The resulting design will be more consistent with the purpose and intent of this Code; and

c. The modification is the minimum reasonably necessary to achieve the Comprehensive Plan objective or this Code’s intent; and

d. Any Administrative Departure criteria required by the specific terms of this Code have been met.

4. Limitation on Authority. Administrative Departures may only be approved consistent with the limitations contained in the Land Use Code section that authorizes the departure, or through a Variance granted under the terms of Part 20.30G LUC.

E. Procedural Merger. Within an East Main Land Use District, any administrative decision required by this Part 20.25Q LUC or by this Code, including but not limited to the following, may be applied for and reviewed as a single Process II Administrative Decision, pursuant to LUC 20.35.200 through 20.35.250:

1. Master Development Plan, Part 20.30V LUC;

2. Administrative Conditional Use Permit, Part 20.30E LUC;

3. Design Review, Part 20.30F LUC;

4. Variance, Part 20.30G LUC; and

5. Critical Areas Land Use Permit, Part 20.30P LUC.

F. Development Agreement Authorized.

1. Purpose. A Development agreement is a mechanism by which the City may, when appropriate, enter into an agreement with a developer to modify the requirements, standards, criteria, and guidelines in East Main, Part 20.25Q LUC, that apply to Development and activity within the EM-TOD Land Use Districts. The Development agreement balances the public and private interests, providing reasonable certainty for a Development project and the public, and addressing other matters, including advancing the East Main Comprehensive Plan vision, goals and policies and creating additional Affordable Housing and other public benefits.

2. Applicability. This subsection F applies to Development agreements authorized pursuant to RCW 36.70B.170 through 36.70B.210, between the City of Bellevue and any person having ownership or control of real property located within the EM-TOD Land Use Districts. The City is authorized, but not required, to accept, review and approve a proposed Development agreement. This process is voluntary on the part of both the applicant and the City. The decision to approve a Development agreement is discretionary with the Bellevue City Council.

3. Development Standards.

a. Development agreements must set forth the Development standards and other provisions that shall apply to, govern and vest the Development, use, and public benefits of the Development of the real property within the EM-TOD Land Use Districts for the duration specified in the agreement.

b. Limitations on Modification.

i. The maximum Building Height shall not be modified to exceed 400 feet for any Building.

ii. The maximum FAR shall not exceed 5.3, as calculated for all Lots subject to the Development agreement.

iii. The amount and payment of impact fees and Development fees, including cost of improvement for infrastructure shall not be modified.

iv. Standards, requirements, and Mitigation as provided for in Part 20.25H LUC shall not be modified.

v. Vesting and expiration of vested status of Land Use permits and approvals shall not be modified.

vi. Other provisions of this Code, the Bellevue City Code, and other City ordinances shall not be modified.

4. Development Agreement Submittal Requirements.

a. A proposal for a Development agreement shall be accompanied by a complete application for the required Land Use entitlement application, Master Development Plan, Part 20.30V LUC, or Design Review, Part 20.30F LUC;

b. All proposed modifications to requirements, standards, and/or guidelines in Part 20.25Q LUC shall be described, including identification of the requirement, standard, or guideline requested to be modified;

c. The additional Affordable Housing and other public benefits shall be described and compared to the baseline Affordable Housing and public benefits that would be provided without the Development agreement; and

d. Any other such information that may be reasonably required by the Director to review the Development agreement.

5. Review Process.

a. An applicant may apply to negotiate and enter into a Development agreement for a project in East Main. Such request shall include the submittal requirements in subsection F.4 of this section.

b. Upon receipt of a complete application of a Development agreement, the Director shall schedule presentation of the application to the City Council. The City Council shall consider the application, and may initiate negotiation of the Development agreement by the Director. If initiated, the City Council may provide direction to guide the negotiation.

c. Notice of the Development agreement application shall be provided with the notice for the corresponding Master Development Plan or Design Review pursuant to LUC 20.35.210.

d. The Director shall negotiate the Development agreement with the applicant using guidance and direction from the City Council, including the framework for review in subsection F.6 of this section. The Director may schedule additional study sessions with the City Council for further guidance and direction. The Development agreement shall be presented to the City Council for consideration at the public hearing.

e. Public Hearing. The City Council shall hold a public hearing on the proposed Development agreement prior to taking action. Notice of availability of the proposed Development agreement, SEPA determination, and public hearing shall be provided pursuant to LUC 20.35.420.

f. City Council Action. Following the public hearing, the City Council shall consider and may approve the proposed Development agreement. Any approval of the City Council of a Development agreement is the final decision of the City and shall be by resolution or ordinance.

g. Recording Required. After City Council approval and mutual execution, the applicant shall record the Development agreement with the King County Recorder’s Office (or its successor agency) and provide a copy of the recorded agreement to the Director.

6. Framework for City Review of Development Agreement.

a. The City Council has discretion to approve, or not approve, the proposed Development agreement;

b. The Development agreement shall comply with all other applicable requirements of this Code and other City Codes not modified by the Development agreement;

c. The Development agreement shall be consistent with Comprehensive Plan, and specifically the East Main TOD vision, goals, and policies;

d. The Development agreement shall meet the purpose in subsection F.1 of this section; and

e. The Development agreement shall result in a Development that includes more Affordable Housing and other public benefits beyond what would be provided without the Development agreement.

7. Modification of Development Agreements.

a. Minor Modification. The Director may approve a minor modification to a previously approved Development agreement when:

i. The change will not result in a reduction to the amount of Affordable Housing and public benefit required by the Development agreement;

ii. The change will not result in increasing the Gross Floor Area of the project as approved by the Development agreement;

iii. The change will not result in any Structure, or vehicular circulation or parking area which will adversely affect abutting property or Public Right-of-Way;

iv. The modification is exempt from SEPA review;

v. The modification is within the general scope of the purpose and intent of the original Development agreement; and

vi. The modification complies with all other applicable Land Use Code requirements and all other applicable Development standards and is compatible with all other applicable design criteria.

b. Major Modification. Any modification that does not meet all of the requirements of subsection F.7.a of this section shall require a termination of the original Development agreement and a New Development agreement following the procedures set forth in this subsection F. (Ord. 6627, 12-13-21, § 3)