AN ORDINANCE relating to the portion of Alaskan Way associated with the Olympic Sculpture Park; designating the portion of Alaskan Way between Broad Street and Bay Street as a park boulevard; amending Appendices I and II to Ordinance 117569 and to Title15 of the Seattle Municipal Code (Description and Maps of Park Drives and Boulevards); transferring administrative jurisdiction over that portion of Alaskan Way from the Seattle Department of Transportation to the Department of Parks and Recreation; andproviding for continued use of the site for transportation and utility purposes.
WHEREAS, the City supports the development of the Olympic Sculpture Park, which provides for increased opportunities for downtown open space and enhanced connections between Myrtle Edwards Park, the Olympic Sculpture Park, the shoreline and downtownneighborhoods; and
WHEREAS, the Olympic Sculpture Park is being developed on two parcels of land, one located on Western Avenue, between Broad Street, Elliott Avenue, and Bay Street; and the other on Elliott Avenue between Broad Street, Alaskan Way, and Bay Street; to beconnected by continuing the Olympic Sculpture Park over the intervening street, Elliott Avenue, and over the BNSF railroad tracks in Alaskan Way; and
WHEREAS, the City and the Seattle Art Museum have entered into a Design Agreement related to the development of the Olympic Sculpture Park authorized by Ordinance 119982 passed June 12, 2000, which addressed the development of portions of Alaskan Way,the Alaskan Way right-of-way, and Myrtle Edwards Park associated with the Olympic Sculpture Park; and
WHEREAS, designation as a park boulevard allows for, and is subject to the protection of and provision for, transportation and utility uses, including the Waterfront Streetcar tracks and loading platform, and any extension of the Waterfront Streetcarline; and
WHEREAS, it is anticipated that the City and the Seattle Art Museum will enter into an agreement, or agreements, relating to park improvements; maintenance and operation; seawall repair, replacement and liability; special events at the Olympic SculpturePark; vending, security, community festivals; and other issues; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The portion of Alaskan Way described as follows (the "Designated Portion") is hereby designated as park boulevard, as defined in SMC 15.02.046 and RCW 35.21.190:
All that portion of Alaskan Way between the northern margin of Broad Street as it crosses the intersection of Broad Street and Alaskan Way and the northern margin of Bay Street as it crosses the intersection of Bay Street and Alaskan Way as shown onthe map of Seattle Tidelands as surveyed and platted by The Board of Appraisers of Tide Lands and Shore Lands for King County, Washington, 1894-1895; excepting therefrom all that portion of the Alaskan Way right of way utilized for railroad purposesand described in Ordinance 117481 adopted by the City Council of the City of Seattle on January 23, 1995 and approved by the Mayor on January 30, 1995.
Section 2. Administrative jurisdiction over the Designated Portion is hereby transferred, without charge, from the Seattle Department of Transportation to the Department of Parks and Recreation.
Section 3. The section entitled "ALASKAN WAY" of Appendix I, Description of Park Drives and Boulevards, to Title 15 of the Seattle Municipal Code and to Ordinance 117569, is hereby amended as follows:
ALASKAN WAY The westerly 20 feet of Alaskan Way from the northerly margin of University Street to a point approximately 136 feet south of Vacated Virginia Street
Section 4. Appendix II, Corresponding Maps of Park Drives and Boulevards, to Title 15 of the Seattle Municipal Code and to Ordinance 117569, is hereby amended by the addition of the map, attached to this ordinance as Attachment A, depicting theDesignated Portion as park boulevard. In the event of conflict between the map in Attachment A and the description in Section 1 of this Ordinance, the description in Section 1 shall control.
Section 5. Notwithstanding the designation as park boulevard and transfer of administration, transportation and utility uses shall continue in the Designated Portion, except as set forth in Section 6 below. Such uses include, but are not limited to,the Waterfront Streetcar line (both a potential extension of the line northward and the existing tracks) and loading platforms, vehicular access to Myrtle Edwards Park for maintenance vehicles and set-up for community festivals, access to Metrofacilities, access to Washington State Department of Natural Resources submerged parcels, access to the seawall for maintenance activity, and pedestrian and bicycle paths. The existing Waterfront Streetcar Maintenance Facility and spur tracks willcontinue to operate until such time as King County Metro has demolished and removed them.
Section 6. The Designated Portion currently contains metered public parking. Such parking shall remain in place and be maintained by the Seattle Department of Transportation until such time as the Director of Transportation determines that OlympicSculpture Park constructionrelated activity requires a change.
Section 7. The Department of Parks and Recreation shall be the City's lead agency for activities relating to soils contamination in the Designated Portion and adjacent submerged parcels, as set forth in the agreement between the City and the SeattleArt Museum executed December 6, 1999, and approved by Resolution 30089.
Section 8. The Designated Portion shall be open to public access on the same terms and to the same extent as Myrtle Edwards Park. Unless otherwise provided in a Superintendent's rule or pursuant to a future ordinance, the Designated Portion shall besubject to all the rules, regulations and codes that apply to or govern the use of Myrtle Edwards Park.
Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by MunicipalCode Section 1.04.020.
Passed by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its passage this _____ day of __________, 2005. _________________________________ President __________of the City Council
Approved by me this ____ day of _________, 2005 _________________________________ Gregory J. Nickels, Mayor
Filed by me this ____ day of _________, 2005. ____________________________________ City Clerk
Attachment A map of newly designated park boulevard January 17,2005 version #15 t Attachment A Map of newly designated park boulevard
