23.60A.460

A. Applicability. As an incentive to include significant public open space and enhance viewing opportunities in the development of a water dependent passenger terminal at Colman Dock, the Director may, as a Type I decision, allow departures from development standards under conditions specified in this Section 23.60A.460 , based on the determination that, relative to the strict application of the standards, the departures will result in substantially improved public access and increased public viewing opportunities. The Director's decision to grant, modify or deny requested departures shall be based on the review of the proposal as a public project by the Seattle Design Commission, and a subsequent determination by the Director that the proposed departures will accomplish the following design objectives: 1. The design and siting of the open space and viewing areas will increase and enhance public access and viewing opportunities in the area relative to a strict application of the prescribed regulated public access and view corridor requirements, and any public access plans that may be in place for the UH environment; 2. The siting and design of the open space and viewing area will better integrate waterfront development with upland areas and improve pedestrian connections between the two areas; 3. Public open space and viewing areas shall be sited and designed to minimize the overall appearance of the bulk of overwater structures and impacts on views from upland streets; and 4. Public open space and viewing areas located above grade shall be visible from Alaskan Way and shall be sited and designed to facilitate easy access from street level, including ADA accessibility and public wayfinding. B. Allowed departures 1. View corridor requirements. To create a unique viewing environment for observing harbor activity, Elliott Bay, and the City and surrounding natural features, departures from the standards of Section 23.60A.170 , View corridors, and Section 23.60A.452 , View corridors in the UH Environment, may be permitted to consolidate required view corridors into a large public view observation area meeting the following conditions: a. The view observation area is a public open space that, at a minimum, is open along its perimeter to views beyond pier development to the open water of Elliott Bay and the Olympic Mountains; and b. The view observation area substituting for required view corridors may be located above street level, if the area meets the conditions for regulated public access above street level in subsection 23.60A.460.B.2.b. 2. Regulated public access. Departures from the standards of Section 23.60A.164 , Standards for regulated public access, and Section 23.60A.454 , Regulated public access in the UH Environment, may be permitted if the following conditions are met: a. The required configuration of regulated public access may be modified to allow a large contiguous open space that is equal to or greater in area than the amount otherwise required by subsection 23.60A.454.B, or approximately 15 percent of the lot coverage, whichever is greater, provided that the open space is easily identifiable as public space, is visible and accessible by the public from the street, has a minimum horizontal dimension of 10 feet, and provides maximum exposure to the bay and surrounding activity, with views of the water along at least 50 percent of the perimeter; b. The public open space may be located above street level on the rooftops of structures or on terraces at multiple levels, provided that all areas of the open space are accessible to pedestrians from Alaskan Way, with vertical connections between the street level and upper levels designed to facilitate easy access, including ADA access and public wayfinding; c. Limited coverage of the space may be allowed to accommodate uses and features that activate the space and make it more comfortable and usable in inclement weather. Up to 50 percent of the total open space area may be covered, if at least 50 percent of the perimeter of any covered area is open to views of the water; d. Efforts should be made to physically and visually link open space providing public access over water to upland streets that provide links to upland areas; and e. Public access to the space is required, without charge, for a minimum of ten hours each day of the year. The hours of public access shall be during daylight hours, unless there are insufficient daylight hours, in which case the open space shall also be open during nighttime hours for the balance of the hours the open space is to remain open. Public access may be limited temporarily during the hours access is otherwise required to be open to the public for (i) necessary maintenance, (ii) temporary event rentals or concessions that encourage use and enjoyment of the space, or (iii) for reasons of public safety. (Ord. 124750 , § 45, 2015; Ord. 124105 , § 3, 2013.)