Commission backs staff recommendation to keep I‑90 lids zoned Public Institution as WSDOT leases approach renegotiation

Commissioners discussed the legal and operational relationship between the city and the Washington State Department of Transportation (WSDOT) for the Aubrey Davis Park lids and the long I‑90 transportation corridor across the north end of Mercer Island.

Staff presented background: the lids and associated surplus airspace were created during the I‑90 reconstruction and are governed by turn‑back/maintenance agreements and airspace leases executed in the late 1980s and 1990s. Those leases have 40‑year terms; staff noted renegotiation will be required as the agreements approach expiration in the 2030s. Staff also cited an amendment to the state statutes (referred to in the meeting as an RCW amendment from 2003) that states surplus‑property leases are subject to local zoning provisions when renegotiated.

City staff and commissioners said WSDOT retains primary authority for transportation uses of the right-of-way and that any change to zoning or to Park Zone rules could affect future negotiations. After discussion, the commission signaled a majority preference to follow staff’s recommendation and leave the I‑90 corridor and lids in the Public Institution (PI) zoning category rather than proactively rezoning the corridor to Park. Commissioners asked staff to capture their concerns and arguments for the record and to include them in the handoff memo to council for the legislative process.

Staff emphasized the city has a long‑standing, operational partnership with WSDOT over the lids and that city projects on the lids require WSDOT approval under the existing agreements. Staff recommended continuing an approach of collaboration and preparing for lease renegotiation with the state, rather than changing the parcel zone at this time.