Seattle City Council Bills and Ordinances
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Ordinance 119484
Introduced as Council Bill 112691
Title | |
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AN ORDINANCE relating to land use and zoning, amending Sections; 3.20.320; 23.34.100; 23.34.114; 23.34.116; 23.49.035; 23.49.036; 23.49.046; 23.49.048; 23.49.050; 23.49.052; 23.49.066; 23.49.068; 23.49.070; 23.49.072; 23.49.096; 23.49.098; 23.49.100; 23.49.102; 23.49.122; 23.49.124; 23.49.126; 23.49.128; 23.49.148; 23.49.150; 23.49.152; 23.49.154; 23.49.180; 23.49.212; 23.49.240; 23.49.324; 23.66.100; 23.66.122; 23.66.124; 23.66.130; 23.66.140; 23.66.150; 23.66.170; and 23.84.024 of Titles 3 and 23 of the Seattle Municipal Code; and amending the Official Land Use Map to implement the Downtown Urban Center Neighborhood Plan. |
Description and Background | |
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Current Status: | Passed |
Index Terms: | LAND-USE-CODE, LOW-INCOME-HOUSING, DOWNTOWN, NEIGHBORHOOD-PLANS |
References: | Amending: Ord 117263, 117430, 117570, 118672, 119370, 117954, 116513, 112303, 116744, 112134, 118414, 118409, 118794 |
Legislative History | |
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Sponsor: | CONLIN | tr>
Date Introduced: | May 17, 1999 |
Committee Referral: | Full Council |
City Council Action Date: | May 24, 1999 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | May 24, 1999 |
Date Signed by Mayor: (About the signature date) | June 1, 1999 |
Date Filed with Clerk: | June 1, 1999 |
Signed Copy: | PDF scan of Ordinance No. 119484 |
Text | |
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ORDINANCE AN ORDINANCE relating to land use and zoning, amending Sections: 3.20.320; 23.34.100; 23.34.114; 23.34.116; 23.49.035; 23.49.036; 23.49.046; 23.49.048; 23.49.050; 23.49.052; 23.49.066; 23.49.068; 23.49.070; 23.49.072; 23.49.096; 23.49.098; 23.49.100; 23.49.102; 23.49.122; 23.49.124; 23.49.126; 23.49.128; 23.49.148; 23.49.150; 23.49.152; 23.49.154; 23.49.180; 23.49.212; 23.49.240; 23.49.324; 23.66.100; 23.66.122; 23.66.124; 23.66.130; 23.66.140; 23.66.150; 23.66.170; and 23.84.024 of Titles 3 and 23 of the Seattle Municipal Code; and amending the Official Land Use Map to implement the Downtown Urban Center Neighborhood Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Subsection A of Section 3.20.320 of the Seattle Municipal Code, which Section was last amended by Ordinance 117263, is further amended as follows: 3.20.320 TDR Bank created.
A. Transferable development rights ("TDR") from landmark performing arts theaters as defined in Section 23.49.033 shall be eligible for purchase and sale by the City's TDR Bank established under Ordinance No. 114029, to the same extent as TDRs from
low * * * Section 2. The Official Land Use Map, SMC 23.32.016, is hereby amended to show the boundaries of the Downtown Urban Center and Urban Villages as depicted in Attachment 1 to this ordinance. Section 3. Section 23.12.080 of the Seattle Municipal Code is repealed. Section 4. Section 23.34.100 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is further amended as follows: 23.34.100 Designation of Downtown zones.
Rezones to a downtown zone designation shall be considered only for areas within the boundaries of the D Section 5. Section 23.34.114 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is further amended as follows: 23.34.114 International District Mixed (IDM) zone, locational criteria.
The International District Mixed zone designation shall Section 6. Section 23.34.116 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is further amended as follows: 23.34.116 International District Residential (IDR) zone, locational criteria.
The International District Residential zone designation shall Section 7. Four codified maps, 1B Downtown Zones, VD Downtown Mixed Commercial, VIA Downtown Mixed Residential, and VID Downtown Mixed Residential, located at the end of Chapter 23.49 of the Seattle Municipal Code, are replaced with amended maps with the same identifiers as depicted in Attachment 2 to this ordinance. Section 8. Subsection B of Section 23.49.035 of the Seattle Municipal Code, which Section was last amended by Ordinance 1177263, is further amended as follows: 23.49.035 Replacement of public benefit features.
B. The terms under which use as low Section 9. Subsection E of Section 23.49.036 of the Seattle Municipal Code, which Section was last amended by Ordinance 117570, is further amended as follows: 23.49.036 Planned community developments (PCDs).
E. Evaluation of PCDs. A proposed PCD shall be evaluated on the basis of public benefits provided, possible impacts of the project, and consistency with the 1. Public Benefits. A proposed PCD shall provide one (1) or more of the following elements: Housing, low-income housing, services, employment, increased public revenue, strengthening of neighborhood character, improvements in pedestrian circulation or urban form, and/or other elements which further an adopted City policy and provide a demonstrable public benefit. 2. Potential Impacts. The potential impacts of a proposed PCD shall be evaluated, including, but not necessarily limited to, the impacts on housing, particularly low-income housing, transportation systems, parking, energy, and public services, as well as environmental factors such as noise, air, light, glare, and water quality.
3. The proposed PCD shall be reviewed for consistency with 4. When the proposed PCD is located in the Pioneer Square Preservation District or International District Special Review District, the Board of the District(s) in which the PCD is located shall review the proposal and make a recommendation to the Department of Neighborhoods Director who shall make a recommendation to the Director prior to the Director's recommendation to the Council on the PCD. Section 10. Subsections G and H of Section 23.49.046 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, are further amended as follows: 23.49.046 Downtown Office Core 1, conditional uses and Council decisions. G. Work-release centers may be permitted as Council conditional uses, based on the following criteria: 1. Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff. 2. Dispersion Criteria. a. The lot line of any new or expanding work-release center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school. b. The lot line of any new or expanding work-release center shall be located one (1) mile or more from any lot line of any other workrelease center. c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.
3. The Council's decision shall be based on a. The extent to which the applicant can demonstrate the need for the new or expanded facility in the City, including a statement describing the public interest in establishing or expanding the facility; b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following: i. Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and ii. Staff numbers, level of responsibilities, and scheduling, and iii. Compliance with the security standards of the American Corrections Association; c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained; d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility; e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas; f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking; g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation; h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities, and that the facility will meet State laws and requirements.
H. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 11. Subsections A, B and C of Section 23.49.048 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, are further amended as follows: 23.49.048 Downtown Office Core 1, floor area ratio (FAR). A. General Standards. 1. The floor area ratio (FAR), as provided in subsection B, shall determine the gross floor area permitted for all nonresidential uses, except as modified by subsection C.
2. Additional FAR above the base, as set forth in subsection B may be achieved by providing public benefit features pursuant to Section 23.49.050, and by the transfer of development rights pursuant to Section 23.49.052, provided that no FAR above seven
(7) may be allowed as a bonus for public benefits features except housing, and no FAR above ten (10) may be granted except for development rights transferred from a low B. Permitted FAR. The base FAR shall be five (5). Additional FAR may be achieved as follows: FLOOR AREA RATIO May be used in FAR range Type of Bonus or TDR Above Up Through 1. Bonuses other than housing 5 7
2. Low housing bonus 7 10
3. Low-moderate income
housing bonus 7 10
4.
theater with housing TDR 5 14
low and low-moderate income housing TDR 7 14
* Note: Priority TDR from landmark performing arts theaters, if available, must be used before any other landmark TDR. C. Exemptions from FAR Calculations.
1. The following areas
a. Floor area in residential use. Gross floor area in residential use is exempt when:
(1) The area is included either in a structure that exists on the effective date of this ordinance, and consists of a minimum floor area of one FAR on the date the permit is approved pursuant to this Section, or in an addition to that structure, or
(2) The area is included in a structure:
i. Constructed after the effective date of this ordinance, and
ii. That occupies a lot that contains another structure that was built before the effective date of this ordinance and consists of a minimum of one FAR on the date the permit is approved pursuant to this Section, and
iii. That occupies a lot that is comprised of the same parcels that comprised the lot on the effective date of this ordinance, or
(3) The area is included in a structure constructed after the effective date of this ordinance, but only if the structure uses the maximum permitted FAR, including FAR obtained through bonuses. The area exempt by this subsection (3) is limited to floor
area that is in excess of the maximum floor area permitted by the FAR.
b.
2. As an allowance for mechanical equipment, three and one-half percent (3 1/2%) of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations. Section 12. Subsections A, C and D of Section 23.49.050 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, are further amended and a new subsection E is added as follows: 23.49.050 Downtown Office Core 1, ratios for public benefit features. A. General Provisions. 1. No floor area beyond the base FAR shall be granted for any project which causes the destruction of any designated feature of a Landmark structure, unless authorized by the Landmarks Preservation Board. 2. Additional gross floor area may be permitted up to the maximum limits set forth in Section 23.49.048 when low income housing or low-moderate income housing is included in the development proposal and the following criteria are met: a. Gross floor area equivalent to two (2) times the area of the lot shall be earned either: (1) Through the provision of public benefit features other than housing, or
(2) From transfer of development rights from a lot that is an eligible sending site other than based on its status as a low
b. The housing bonus shall be granted by the Director based on a finding by the Director of Housing 3. The Director shall review the design of any public benefit feature in subsection B and determine whether the feature, as proposed for a specific project, provides a public benefit and is consistent with the definitions in Chapter 23.84 and the Public Benefit Features Rule. 3. The Director shall review the design of any public benefit feature in subsection B and determine whether the feature, as proposed for a specific project, provides a public benefit and is consistent with the definitions in Chapter 23.84 and the Public Benefit Features Rule. 4. Except for housing, human services, child care, landmark performing arts theaters, and off-site open space permitted under Section 23.49.009, all public benefit features provided in return for a bonus shall be located on the same lot or abutting public right-of-way as the project in which the bonus floor area is used.
C. A subsidy review shall be required as a condition to any bonus for an off-site performing arts theater or low 1. Is being or has been used: a. For any other off-site bonus; or b. As a sending site for the transfer of development rights; or c. For a project receiving any public subsidies for housing development, including, but not limited to, tax exempt bond financing, low income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, State of Washington Housing Trust funds, or City of Seattle property tax exemptions; or 2. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. D. When subsidy review is required according to one (1) or more of the above criteria: 1. The bonus requested shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such bonus(es), and proceeds of sale of development rights, if applicable, are reasonably necessary to make economically feasible: a. The provision of the public benefit feature; and
b. In the case of a landmark performing arts theater, any replacement by the owner of such theater of low 2. The Director of Housing and Human Services may require, as a condition of the bonus, that the owner of the lot upon which the bonus feature is located agree to limit any other subsidies to be received for that lot. E. The Director of Housing is authorized to impose on the developers of housing that use the bonus described in this Section, maximum permitted rent levels and minimum duration of availability for units developed using the housing bonus. These regulations shall be designated to assure the units shall be available for households earning 0 to 80 percent of area median income for the longest reasonable duration. Section 13. Subsections A, B, C and D of Section 23.49.052 of the Seattle Municipal Code, which Section was last amended by Ordinance 117954, are further amended as follows: 23.49.052 Downtown Office Core 1, transfer of development rights.
A. Transfer of Development Rights Within the Same Downtown Block. Development rights may be transferred to lots in DOC1 zones from lots located on the same block. The maximum FAR permitted on a receiving lot in DOC1 zones when a transfer of development
rights from sending lots on the same downtown block is used shall be ten (10), except that when the sending lot is a low
B. Transfer of Development Rights Between Different Downtown Blocks. Development rights may be transferred to lots in DOC1 zones from sending lots on different blocks that contain low
1. Transfer From Low
a. "Low
b. Development rights that are transferable based on the status of the sending lot as a low (1) Through the use of bonuses for public benefit features other than housing; or
(2) From the transfer of development rights from sending lots eligible to transfer development rights other than as low c. Principal use surface parking areas shall not be included in the area of the sending lot for purposes of calculating the amount of development rights which may be transferred. Accessory surface parking areas shall be included, up to a maximum area of one-quarter (1/4) of the footprint of the structure on the sending lot.
d. The maximum FAR permitted on a receiving lot in DOC1 zones when development rights are transferred from low 2. Transfer From Landmark Structures or Infill Lots in PSM Zones. a. Landmark structures from which landmark TDR may be transferred shall be located in DOC1, DOC2, or DRC zones, or on lots in DMC zones located south of Virginia Street. b. Landmark structures on sending lots from which landmark TDR are transferred shall be restored and maintained as required by the Landmarks Preservation Board, according to the procedures in the Public Benefit Features Rule. c. Lots proposed for infill development in PSM zones from which development rights are transferred must have been vacant as of January 1,1984. For the purposes of this provision, structures with abatement orders as of January 1, 1984, and surface parking areas, including minor structures accessory to parking operations, shall be considered vacant. 3. Transfer from a Major Performing Arts Facility. a. TDRs from a major performing arts facility in DOC1, DOC2 or DRC maybe used on a receiving lot in DOC1 subject to the conditions of this subsection B3. b. No change from a major performing arts facility to another use shall be permitted for forty (40) years. c. Prior to the transfer of development rights from a major performing arts facility, either a final architectural building permit, or a temporary or final Certificate of Occupancy must be issued. d. Maximum FAR on a receiving lot with use of TDRs from a major performing arts facility is fourteen (14). C. Standards for Sending Lots. 1. The gross floor area that may be transferred from any sending lot to a receiving lot, subject to the limitations in subsections A and B, shall be as follows: a. When the sending lot is located in a DOC1 zone, the gross floor area that may be transferred shall be the area of the sending lot times the base FAR of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area any exemptions permitted by the regulations of the zone. b. When the sending lot is located in a DOC2 zone, the gross floor area that may be transferred shall be the area of the sending lot times the base FAR of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area: (i) Any exemptions permitted by the regulations of the zone other than for housing; and
(ii) The area of any low c. When the sending lot is located in a DRC, IDR or IDM zone, or a DMC or DMR zone with a height limit of less than two hundred and forty (240) feet, the gross floor area that may be transferred shall be six (6) times the area of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area any exemptions permitted by the regulations of the zone other than for housing. d. When the sending lot is located in a DMC or DMR zone with a two hundred forty (240) foot height limit, the gross floor area that may be transferred shall be eight (8) times the area of the sending lot, minus any existing floor area on the sending lot, excluding from existing gross floor area: (i) Any exemptions permitted by the regulations of the zone other than for housing; and
(ii) The area of any low e. When the sending lot is located in a PSM zone, the gross floor area that may be transferred shall be either:
(i) Six (6) times the area of the sending lot, minus any existing above-grade gross floor area on the sending lot, for transfers from low (ii)The amount of gross floor area permitted by the development standards of the PSM zone and the Pioneer Square Preservation District, minus any above-grade gross floor area to be built on the sending lot, when the transfer is from proposed infill development. 2. When development rights are transferred from a sending lot in DOC1 zones, the amount of gross floor area which may then be built on the sending lot shall be equal to the area of the lot multiplied by the applicable FAR limit set in Section 23.49.048, minus the total of: a. The existing gross floor area on the lot, less any exemptions permitted under Section 23.49.048 C; plus b. The amount of gross floor area that was transferred from the lot. D. Transfer of Development Rights Agreements.
1. The fee owners of the sending lot shall execute a deed with the written consent of all holders of encumbrances on the sending lot, unless (in the case of TDR from a low 2. Any person may purchase any TDRs that are eligible for transfer between blocks from the owner of the sending lot by complying with the applicable provisions of this section and the Public Benefit Features Rule, whether or not the purchaser is then the owner of an eligible receiving lot or is an applicant for a permit to develop downtown real property. Any person purchasing such TDRs may, at any time prior to the application for a permit using such TDRs, or after any such permit is denied or expires unused, retransfer such TDRs by deed to any other person for such consideration as may be agreed by the parties. Any purchaser of such TDRs (including any successor or assignee) may use such TDRs to obtain FAR above the applicable base to the extent permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDRs, to the same extent as if the TDRs had been purchased on such date. The Director may require, as a condition of processing any permit application using TDRs or for the release of any security posted in lieu of a deed for TDRs to the receiving lot, that the owner of the receiving lot demonstrate that the TDRs have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDRs are not available for retransfer. 3. For transfers that are permitted based on the status of the sending lot as a
low 4. For any transfer that is permitted, or for which the sending lot is granted priority, based on the status of the sending lot as a landmark performing arts theater, the owner of the sending lot shall sign a written agreement with the City with the approval of the Landmarks Preservation Board, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing and Human Services for good cause. The owner of the sending lot shall agree: a. To maintain the structure in compliance with requirements in such agreement approved by the Landmarks Preservation Board, for a period of at least forty (40) years; and b. To maintain the primary use of the theater portion of the structure as a performing arts theater for at least forty (40) years, and for so long thereafter as any of the interior features of the theater portion of the structure remain subject to controls under the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (or successor provisions), unless after the minimum forty (40) year period the owner demonstrates to the satisfaction of the Landmarks Preservation Board that a change of use is required to allow the owner a sufficient economic return under the standards then applicable to proceedings for removal or modification of such controls. In the case of a partial purchase of TDRs by the City for the TDR Bank, the Director of Housing and Human Services may allow a shorter period of commitment. Any relief that may be granted from the landmark designation or from any controls or restrictions imposed in connection with that designation, under SMC Chapter 25.12 or otherwise, shall not affect the owner's obligations pursuant to any agreement under this subsection 4. 5. For any transfer to which subsection D4 applies, a subsidy review shall be required if at the time of the transfer, the lot on which the landmark performing arts theater is located: a. Is being or has been used for any off-site bonus; or b. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. 6. When subsidy review is required according to one (1) or more of the above criteria: a. The transfer of development rights shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such transfer and the benefits of any off-site bonus, if applicable, are reasonably necessary to make economically feasible: (i) The preservation of the landmark performing arts theater, and
(ii) Any replacement by the owner of such theater of low b. The Director of Housing and Human Services may require, as a condition of the transfer, that the owner of the lot upon which the landmark performing arts theater is located agree to limit any other subsidies to be received for that lot. 7. A deed conveying TDRs may require or permit the return of the TDRs to the sending lot under specified conditions, but notwithstanding any such provisions: a. The transfer of TDRs to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and b. The City shall not be required to recognize any return of TDRs unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDRs back to the sending lot. 8. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle. Section 14. Subsections G and H of Section 23.49.066 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, are further amended as follows: 23.49.066 Downtown Office Core 2, conditional uses and Council decisions. G. Work-release centers may be permitted as Council conditional uses, based on the following criteria: 1. Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff. 2. Dispersion Criteria. a. The lot line of any new or expanding workrelease center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school. b. The lot line of any new or expanding workrelease center shall be located one (1) mile or more from any lot line of any other work-release center. c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.
3. The Council's decision shall be based on a. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following: i. Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and ii. Staff numbers, level of responsibilities, and scheduling, and iii. Compliance with the security standards of the American Corrections Association; c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained; d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility; e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas; f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking; g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation; h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities and that the facility will meet State laws and requirements.
H. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 15. Subsections A, B and C of Section 23.49.068 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, are further amended as follows: 23.49.068 Downtown Office Core 2, floor area ratio (FAR). A. General Standards. 1. The floor area ratio (FAR), as provided in subsection B, shall determine the gross floor area permitted for all nonresidential uses, except as modified by subsection C.
2. Additional FAR above the base, as set forth in subsection B may be achieved by providing public benefit features according to Section 23.49.070, and by the transfer of development rights according to Section 23.49.072, provided that no FAR above six
(6) may be allowed as a bonus for public benefits features except housing, and no FAR above eight (8) may be granted except for development rights transferred from a low B. Permitted FAR. The base FAR shall be four (4). Additional FAR may be achieved as follows: FLOOR AREA RATIO May be used in FAR range Type of Bonus or TDR Above Up Through 1. Bonuses other than housing 4 6
2. Low housing bonus 6 8
3. Low-moderate income
housing bonus 6 8
4.
low and low-moderate income housing TDR 6 10
theater with housing TDR 4 10 * Note: Priority TDR from landmark performing arts theaters, if available, must be used before any other landmark TDR. See Section 23.49.033. C. Exemptions from FAR Calculations. 1. The following areas shall be exempt from base and maximum FAR calculations:
a. All gross floor area in residential use, except that on sending lots from which development rights are transferred according to Section 23.49.072 C the only exempt residential space shall be low b. All gross floor area below grade; c. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit; d. The gross floor area of public benefit features, other than housing, that satisfy the requirements of Section 23.49.070, Ratios for public benefit features, and the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations. 2. As an allowance for mechanical equipment, three and one-half (3 1/2) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations. Section 16. Subsections A, C and D of Section 23.49.070 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, are further amended and a new subsection E is added as follows: 23.49.070 Downtown Office Core II, ratios for public benefit features. A. General Provisions. 1. No floor area beyond the base FAR shall be granted for any project which causes the destruction of any designated feature of a Landmark structure, unless authorized by the Landmarks Preservation Board. 2. Additional gross floor area may be permitted up to the maximum limits set forth in Section 23.49.068 when low income housing or low-moderate income housing is included in the development proposal and the following criteria are met: a. Gross floor area equivalent to two (2) times the area of the lot shall be earned either: (1) Through the provision of public benefit features other than housing, or
(2) From transfer of development rights from a lot that is an eligible sending site other than based on its status as a low
b. The housing bonus shall be granted by the Director based on a finding by the Director of Housing 3. The Director shall review the design of any public benefit feature in subsection B and determine whether the feature, as proposed for a specific project, provides a public benefit and is consistent with the definitions in Chapter 23.84 and the Public Benefit Features Rule. 4. Except for housing, human services, child care, landmark performing arts theaters, and off-site open space permitted under Section 23.49.009, all public benefit features provided in return for a bonus shall be located on the same lot or abutting public right-of-way as the project in which the bonus floor area is used.
C. A subsidy review shall be required as a condition to any bonus for an off-site performing arts theater or low 1. Is being or has been used: a. For any other off-site bonus; or b. As a sending site for the transfer of development rights; or c. For a project receiving any public subsidies for housing development, including, but not limited to, tax exempt bond financing, low income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, State of Washington Housing Trust funds, or City of Seattle property tax exemptions; or 2. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. D. When subsidy review is required according to one (1) or more of the above criteria: 1. The bonus requested shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such bonus(es), and proceeds of sale of development rights, if applicable, are reasonably necessary to make economically feasible: a. The provision of the public benefit feature; and
b. In the case of a landmark performing arts theater, any replacement by the owner of such theater of low 2. The Director of Housing and Human Services may require, as a condition of the bonus, that the owner of the lot upon which the bonus feature is located agree to limit any other subsidies to be received for that lot. E. The Director of Housing is authorized to impose on the developers of housing that use the bonus described in this Section, maximum permitted rent levels and minimum duration of availability for units developed using the housing bonus. These regulations shall be designated to assure the units shall be available for households earning 0 to 80 percent of area median income for the longest reasonable duration. Section 17. Subsections A, B, C and D of Section 23.49.072 of the Seattle Municipal Code, which Section was last amended by Ordinance 117954, are further amended as follows: 23.49.072 Downtown Office Core 2, transfer of development rights.
A. Transfer of Development Rights Within the Same Downtown Block. Development rights may be transferred to lots in DOC2 zones from lots located on the same block. The maximum FAR permitted on a receiving lot in DOC2 zones when a transfer of development
rights from sending lots on the same downtown block is used shall be eight (8), except that when the sending lot or lots contain low
B. Transfer of Development Rights Between Different Downtown Blocks. Development rights may be transferred to lots in DOC2 zones from sending lots containing low
1. Transfer From Low
a. "Low
b. Development rights that are transferable based on the status of the sending lot as a low (1) Through the use of bonuses for public benefit features other than housing; or
(2) From the transfer of development rights from sending lots eligible to transfer development rights other than as low c. Principal use surface parking areas shall not be included in the area of the sending lot for purposes of calculating the amount of development rights which may be transferred. Accessory surface parking areas shall be included, up to a maximum area of one-quarter (1/4) of the footprint of the structure on the sending lot.
d. The maximum FAR permitted on a receiving lot in DOC2 zones when development rights are transferred from low 2. Transfer From Designated Landmark Structures or Infill Lots in Pioneer Square Mixed Zones. a. Landmark structures from which landmark TDR may be transferred shall be located in DOC1, DOC2, or DRC zones, or on lots in DMC zones located south of Virginia Street. b. Landmark structures on sending lots from which landmark TDR are transferred shall be restored and maintained as required by the Seattle Landmarks Preservation Board, according to the procedures in the Public Benefit Features Rule. c. Lots proposed for infill development in PSM zones from which development rights are transferred must have been vacant as of January 1,1984. For the purposes of this provision, structures with abatement orders as of January 1, 1984, and surface parking areas, including minor structures accessory to parking operations, shall be considered vacant. 3. Transfer from a Major Performing Arts Facility. a. TDRs from a major performing arts facility in DOC1, DOC2 or DRC maybe used on a receiving lot in DOC2 subject to the conditions of this subsection B3. b. No change from a major performing arts facility to another use shall be permitted for forty (40) years. c. Prior to the transfer of development rights from a major performing arts facility, either a final architectural building permit, or a temporary or final Certificate of Occupancy must be issued. d. Maximum FAR on a receiving lot with use of TDRs from a major performing arts facility is ten (10). C. Standards for Sending Lots. 1. The gross floor area that may be transferred from any sending lot to a receiving lot, subject to the limitations in subsections A and B, shall be as follows: a. When the sending lot is located in a DOC1 zone, the gross floor area that may be transferred shall be the area of the sending lot times the base FAR of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area any exemptions permitted by the regulations of the zone. b. When the sending lot is located in a DOC2 zone, the gross floor area that may be transferred shall be the area of the sending lot times the base FAR of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area: (i) Any exemptions permitted by the regulations of the zone other than for housing; and
(ii) The area of any low c. When the sending lot is located in a DRC, IDR or IDM zone, or a DMC or DMR zone with a height limit of less than two hundred and forty (240) feet, the gross floor area that may be transferred shall be six (6) times the area of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area any exemptions permitted by the regulations of the zone other than for housing. d. When the sending lot is located in a DMC or DMR zone with a two hundred forty (240) foot height limit, the gross floor area that may be transferred shall be eight (8) times the area of the sending lot, minus any existing floor area on the sending lot, excluding from existing gross floor area: (i) Any exemptions permitted by the regulations of the zone other than for housing; and
(ii) The area of any low e. When the sending lot is located in a PSM zone, the gross floor area that may be transferred shall be either:
(i) Six (6) times the area of the sending lot, minus any existing above-grade gross floor area on the sending lot, for transfers from low (ii) The amount of gross floor area permitted by the development standards of the PSM zone and the Pioneer Square Preservation District, minus any above-grade gross floor area to be built on the sending lot, when the transfer is from proposed infill development. 2. When development rights are transferred from a sending lot in DOC2 zones, the amount of gross floor area which may then be built on the sending lot shall be equal to the area of the lot multiplied by the applicable FAR limit set in Section 23.49.068, minus the total of: a. The existing gross floor area on the lot, less any exemptions permitted under Section 23.49.068 C; plus b. The amount of gross floor area that was transferred from the lot. D. Transfer of Development Rights Agreements.
1. The fee owners of the sending lot shall execute a deed with the written consent of all holders of encumbrances on the sending lot, unless (in the case of TDR from a low 2. Any person may purchase any TDRs that are eligible for transfer between blocks from the owner of the sending lot by complying with the applicable provisions of this section and the Public Benefit Features Rule, whether or not the purchaser is then the owner of an eligible receiving lot or is an applicant for a permit to develop downtown real property. Any person purchasing such TDRs may, at any time prior to the application for a permit using such TDRs, or after any such permit is denied or expires unused, retransfer such TDRs by deed to any other person for such consideration as may be agreed by the parties. Any purchaser of such TDRs (including any successor or assignee) may use such TDRs to obtain FAR above the applicable base to the extent permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDRs, to the same extent as if the TDRs had been purchased on such date. The Director may require, as a condition of processing any permit application using TDRs or for the release of any security posted in lieu of a deed for TDRs to the receiving lot, that the owner of the receiving lot demonstrate that the TDRs have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDRs are not available for retransfer. 3. For transfers that are permitted based on the status of the sending lot as a
low 4. For any transfer that is permitted, or for which the sending lot is granted priority, based on the status of the sending lot as a landmark performing arts theater, the owner of the sending lot shall sign a written agreement with the City with the approval of the Landmarks Preservation Board, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing and Human Services for good cause. The owner of the sending lot shall agree: a. To maintain the structure in compliance with requirements in such agreement approved by the Landmarks Preservation Board, for a period of at least forty (40) years; and b. To maintain the primary use of the theater portion of the structure as a performing arts theater for at least forty (40) years, and for so long thereafter as any of the interior features of the theater portion of the structure remain subject to controls under the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (or successor provisions), unless after the minimum forty (40) year period the owner demonstrates to the satisfaction of the Landmarks Preservation Board that a change of use is required to allow the owner a sufficient economic return under the standards then applicable to proceedings for removal or modification of such controls. In the case of a partial purchase of TDRs by the City for the TDR Bank, the Director of Housing and Human Services may allow a shorter period of commitment. Any relief that may be granted from the landmark designation or from any controls or restrictions imposed in connection with that designation, under SMC Chapter 25.12 or otherwise, shall not affect the owner's obligations pursuant to any agreement under this subsection 4. 5. For any transfer to which subsection D4 applies, a subsidy review shall be required if at the time of the transfer, the lot on which the landmark performing arts theater is located: a. Is being or has been used for any off-site bonus; or b. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. 6. When subsidy review is required according to one (1) or more of the above criteria: a. The transfer of development rights shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such transfer and the benefits of any off-site bonus, if applicable, are reasonably necessary to make economically feasible: (i) The preservation of the landmark performing arts theater, and
(ii) Any replacement by the owner of such theater of low b. The Director of Housing and Human Services may require, as a condition of the transfer, that the owner of the lot upon which the landmark performing arts theater is located agree to limit any other subsidies to be received for that lot. 7. A deed conveying TDRs may require or permit the return of the TDRs to the sending lot under specified conditions, but notwithstanding any such provisions: a. The transfer of TDRs to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and b. The City shall not be required to recognize any return of TDRs unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDRs back to the sending lot. 8. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle. Section 18. Subsections H and I of Section 23.49.096 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, are further amended as follows: 23.49.096 Downtown Retail Core, conditional uses and Council decisions. H. Work-release centers may be permitted as Council conditional uses, based on the following criteria: 1. Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff. 2. Dispersion Criteria. a. The lot line of any new or expanding work-release center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school. b. The lot line of any new or expanding work-release center shall be located one (1) mile or more from any lot line of any other workrelease center. c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.
3. The Council's decision shall be based on a. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following: i. Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and ii. Staff numbers, level of responsibilities, and scheduling, and iii. Compliance with the security standards of the American Corrections Association; c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained; d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility; e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas; f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking; g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation; h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities and that the facility will meet State laws and requirements.
I. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 19. Subsection C of Section 23.49.098 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, is further amended as follows: 23.49.098 Downtown Retail Core, floor area ratio (FAR). C. Exemptions From FAR Calculations. 1. The following areas shall be exempt from base and maximum FAR calculations:
a. All gross floor area in residential use, except that on sending lots from which development rights are transferred according to Section 23.49.102 the only residential space exempted shall be low b. All gross floor area below grade; c. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit; d. The gross floor area of public benefit features (including a performing arts theater but excluding a major retail store) which satisfy the requirements of Section 23.49.100, Ratios for public benefit features, and satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations; e. The sum of the gross floor area of the following uses, up to a maximum FAR of one and one-half (1 1/2): (1) Retail sales and services uses, including major retail stores, except lodging, (2) Human service uses and child care centers, (3) Customer service offices, (4) Entertainment uses, such as theaters, and (5) Museums. The exemption for the uses listed in this subsection C1e shall be increased to a maximum FAR of two (2) when a performing arts theater or three (3) when a major retail store is given a bonus as part of a project pursuant to Section 23.49.096. 2. As an allowance for mechanical equipment, three and one-half (3 1/2) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 of this section has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations. Section 20. Subsections A, C and D of Section 23.49.100 of the Seattle Municipal Code, which Section was last amended by Ordinance 116513, is further amended and a new subsection E is added as follows: 23.49.100 Downtown Retail Core, ratios for public benefit features. A. General Provisions. 1. No floor area beyond the base FAR shall be granted for any project which causes the destruction of any designated feature of a Landmark structure, unless authorized by the Landmarks Board. 2. Additional gross floor area may be permitted up to the "maximum FAR with public benefit features including housing" described in Section 23.49.098 when low or low-moderate income housing is included in the development proposal and the following criteria are met: a. Gross floor area equivalent to two (2) times the area of the lot shall be earned through the provision of public benefit features other than housing, before a housing bonus may be used.
b. The housing bonus shall be granted by the Director based on a finding by the Director of Housing 3. The Director shall review the design of any public benefit feature in subsection B to determine whether the feature, as proposed for a specific project, provides public benefits and is consistent with the definitions in Chapter 23.84 and the Public Benefit Features Rule. 4. Except for housing, human services, landmark performing arts theaters and child care, all public benefit features provided in return for a bonus shall be located on the same lot or abutting rightof-way as the project in which the bonus floor area is used.
C. A subsidy review shall be required as a condition to any bonus for an off-site performing arts theater or low 1. Is being or has been used: a. For any other off-site bonus; or b. As a sending site for the transfer of development rights; or c. For a project receiving any public subsidies for housing development, including, but not limited to, tax exempt bond financing, low income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, State of Washington Housing Trust funds, or City of Seattle property tax exemptions; or 2. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. D. When subsidy review is required according to one (1) or more of the above criteria: 1. The bonus requested shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such bonus(es), and proceeds of sale of development rights, if applicable, are reasonably necessary to make economically feasible: a. The provision of the public benefit feature; and
b. In the case of a landmark performing arts theater, any replacement by the owner of such theater of low 2. The Director of Housing and Human Services may require, as a condition of the bonus, that the owner of the lot upon which the bonus feature is located agree to limit any other subsidies to be received for that lot. E. The Director of Housing is authorized to impose on the developers of housing that use the bonus described in this Section, maximum permitted rent levels and minimum duration of availability for units developed using the housing bonus. These regulations shall be designated to assure the units shall be available for households earning 0 to 80 percent of area median income for the longest reasonable duration. Section 21. Subsections B and D of Section 23.49.102 of the Seattle Municipal Code, which Section was last amended by Ordinance 117954, is further amended as follows: 23.49.102 Downtown Retail Core, transfer of development rights. B. Transfer of Development Rights Between Different Downtown Blocks. 1. Development rights may not be transferred to lots in DRC zones from sending lots on different blocks.
2. Transfer From Low
a. "Low b. Principal use surface parking areas shall not be included in the area of the sending lot for purposes of calculating the amount of development rights which may be transferred. Accessory surface parking areas shall be included, up to a maximum area of one-quarter (1/4) of the footprint of the structure on the sending lot. 3. Transfer from Landmark Structures. Development rights from sending lots in DRC zones which contain Landmark structures may be transferred to receiving lots in DOC1 and DOC2 zones. Landmark structures on sending lots from which landmark TDRs are transferred shall be restored and maintained as required by the Landmarks Preservation Board, according to the procedures in the Public Benefit Features Rule. 4. Transfer from a Major Performing Arts Facility. a. TDRs from a major performing arts facility in DOC1, DOC2 or DRC maybe used on a receiving lot in DOC1, DOC2 or DMC zones with height limits of eighty-five (85) feet or greater subject to the conditions of this subsection B4. b. No change from a major performing arts facility to another use shall be permitted for forty (40) years. c. Prior to the transfer of development rights from a major performing arts facility, either a final architectural building permit, or a temporary or final Certificate of Occupancy must be issued. D. Transfer of Development Rights Agreements.
1. The fee owners of the sending lot shall execute a deed, with the written consent of all holders of encumbrances on the sending lot, unless (in the case of TDRs from a low 2. Any person may purchase any TDRs that are eligible for transfer between blocks from the owner of the sending site by complying with the applicable provisions of this section and the Public Benefit Features Rule, whether or not the purchaser is then the owner of an eligible receiving site or is an applicant for a permit to develop downtown real property. Any person purchasing such TDRs may, at any time prior to the application for a permit using such TDRs, or after any such permit is denied or expires unused, retransfer such TDRs by deed to any other person for such consideration as may be agreed by the parties. Any purchaser of such TDRs (including any successor or assignee) may use such TDRs to obtain FAR above the applicable base to the extent permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDRs, to the same extent as if the TDRs had been purchased on such date. The Director may require, as a condition of processing any permit application using TDRs or for the release of any security posted in lieu of a deed for TDRs to the receiving lot, that the owner of the receiving lot demonstrate that the TDRs have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDRs are not available for retransfer. 3. For transfers that are permitted based on the status of the sending lot as a
low 4. A deed conveying TDRs may require or permit the return of the TDRs to the sending lot under specified conditions, but notwithstanding any such provisions; a. The transfer of TDRs to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and b. The City shall not be required to recognize any return of TDRs unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDRs back to the sending lot. 5. Any agreement governing the use or development of the sending lot shall provide that its covenants and conditions shall run with the land and shall be specifically enforceable by The City of Seattle. Section 22. Subsections G and H of Section 23.49.122 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, is further amended as follows: 23.49.122 Downtown Mixed Commercial, conditional uses and Council decisions. G. Work-release centers may be permitted as Council conditional uses, based on the following criteria: 1. Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff. 2. Dispersion Criteria. a. The lot line of any new or expanding work-release center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school. b. The lot line of any new or expanding work-release center shall be located one (1) mile or more from any lot line of any other workrelease center. c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.
3. The Council's decision shall be based on a. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following: i. Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and ii. Staff numbers, level of responsibilities, and scheduling, and iii. Compliance with the security standards of the American Corrections Association; c. The extent to which proposed lighting is located so as to minimize spill over light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained; d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility; e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas; f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking; g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation; h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities and that the facility will meet state laws and requirements.
H. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 22. Subsection C of Section 23.49.124 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, is further amended as follows: 23.49.124 Downtown Mixed Commercial, floor area ratio (FAR). C. Exemptions From FAR Calculations. 1. The following areas shall be exempt from base and maximum FAR calculations:
a. All gross floor area in residential use, except that on sending lots from which development rights are transferred, according to Section 23.49.128 the only residential space exempted shall be low b. All gross floor area below grade; c. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit; d. The gross floor area of public benefit features, other than housing, which satisfy the requirements of Section 23.49.126, Ratios for public benefit features, or which satisfy the requirements for an FAR bonus amenity allowable to a structure in DOC1 or DOC2 for an offsite public benefit feature, and in either case, satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations; 2. As an allowance for mechanical equipment, three and one-half (3 1/2) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 of this section has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations. Section 23. Subsection A of Section 23.49.126 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is further amended and new subsections C, D and E is added as follows: 23.49.126 Downtown Mixed Commercial, ratios for public benefit features. A. General Provisions. 1. No floor area beyond the base FAR shall be granted for any project which causes the destruction of any designated feature of a Landmark structure, unless authorized by the Landmarks Preservation Board. 2. The Director shall review the design of public benefit features listed in subsection B to determine whether the feature, as proposed for a specific project, actually provides a public benefit and is consistent with the definitions in Chapter 23.84 and with the Public Benefit Features Rule. The housing bonus shall be granted by the Director based on a finding by the Director of the Office of Housing that the proposed housing satisfies the Public Benefit Features Rule. The Director and Director of Housing are authorized, in determining the allocation of bonus credits to low and low and low-moderate income housing, to establish a schedule of bonus ratios that provides greater weight for low-income housing than for low-moderate income housing. 3. Except for housing, human services, child care, and off-site open space permitted under Section 23.49.009, all public benefit features provided in return for a bonus shall be located on the same lot or abutting public right-of-way as the project in which the bonus floor area is used.
C. A subsidy review shall be required as a condition to any bonus for an off-site low income housing or low-moderate income housing, if the lot on which the housing is located, at the time of issuance of the building permit for the structure
receiving the bonus FAR:
1. Is being or has been used:
a. For any other off-site bonus; or
b. As a sending site for the transfer of development rights; or
c. For a project receiving any public subsidies for housing development, including, but not limited to, tax exempt bond financing, low income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, State of Washington
Housing Trust funds, or City of Seattle property tax exemptions; or 2. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted.
D. When subsidy review is required according to one (1) or more of the above criteria:
1. The bonus requested shall be allowed only to the extent that the Director of Housing shall determine, pursuant to a subsidy review, that the benefits of such bonus(es), and proceeds of sale of development rights, if applicable, are reasonably
necessary to make economically feasible the provision of the public benefit feature; and
2. The Director of Housing may require, as a condition of the bonus, that the owner of the lot upon which the bonus feature is located agree to limit any other subsidies to be received for that lot.
E. The Director of Housing is authorized to impose on the developers of housing that use the bonus described in this Section, maximum permitted rent levels and minimum duration of availability for units developed using the housing bonus. These
regulations shall be designated to assure the units shall be available for households earning 0 to 80 percent of area median income for the longest reasonable duration. Section 24. Subsections A, B, C, and D of Section 23.49.128 of the Seattle Municipal Code, which Section was last amended by Ordinance 117954, is further amended as follows: 23.49.128 Downtown Mixed Commercial, transfer of development rights. A. Transfer of Development Rights Within the Same Downtown Block.
1. Development rights may be transferred to lots in DMC zones with height limits of eighty-five feet (85') or greater from sending lots located on the same block that are low 2. Development rights may be transferred from lots in DMC zones to receiving lots in DOC1 and DOC2 zones located on the same downtown block. 3. Development rights may be transferred to lots in DMC zones from a major performing arts facility on a sending lot on the same downtown block as the receiving lot, only if the sending lots is in a DOC1, DOC2 or DRC zone. Additional restrictions listed in subsection B3 below also apply.
B. Transfer of Development Rights Between Different Downtown Blocks. Development rights may be transferred to lots in DOC2 zones from sending lots on different blocks that contain low
1. Transfer From Low
a. " Low b. Principal use surface parking areas shall not be included in the area of the sending lot for purposes of calculating the amount of development rights which may be transferred. Accessory surface parking areas shall be included, up to a maximum area of one-quarter (1/4) of the footprint of the structure on the sending lot.
c. The maximum FAR permitted on a receiving lot in DMC zones when development rights are transferred from low 2. Transfer From Landmark Structures or Infill Lots in Pioneer Square Mixed Zones. a. Landmark structures from which landmark TDR may be transferred shall be located in DMC zones located south of Virginia Street. b. Landmark structures on sending lots from which landmark TDR are transferred shall be restored and maintained as required by the Landmarks Preservation Board, according to the procedures in the Public Benefit Features Rule. c. Lots proposed for infill development in PSM zones from which development rights are transferred must have been vacant as of January 1,1984. For the purposes of this provision, structures with abatement orders as of January 1, 1984, and surface parking areas, including minor structures accessory to parking operations, shall be considered vacant. d. The maximum FAR permitted on a receiving lot in DMC zones when development rights are transferred Landmark structures shall be six (6) or seven (7), in accordance with Section 23.49.124. 3. Transfer from a Major Performing Arts Facility. a. TDRs from a major performing arts facility in DOC1, DOC2 or DRC maybe used on a receiving lot in DMC zone with a height limit of eighty-five feet (85') or greater, subject to the conditions of this subsection B3. b. No change from a major performing arts facility to another use shall be permitted for forty (40) years. c. Prior to the transfer of development rights from a major performing arts facility, either a final architectural building permit, or a temporary or final Certificate of Occupancy must be issued. d. Maximum FAR on a receiving lot with use of TDRs from a major performing arts facility is seven (7). C. Standards for Sending Lots. 1. The gross floor area that may be transferred from any sending lot to a receiving lot, subject to the limitations in subsections A and B, shall be as follows: a. When the sending lot is located in a DRC, IDR or IDM zone, or a DMC or DMR zone with a height limit of less than two hundred and forty feet (240'), the gross floor area that may be transferred shall be six (6) times the area of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area any exemptions permitted by the regulations of the zone other than for housing. b. When the sending lot is located in a DMC or DMR zone with a two hundred and forty foot (240') height limit, the gross floor area that maybe transferred shall be eight (8) times the area of the sending lot, minus any existing gross floor area on the sending lot, excluding from existing gross floor area: (i) any exemptions permitted by the regulations of the zone other than for housing; and
(ii) The area of any low c. When the sending lot is located in a PSM zone, the gross floor area that may be transferred shall be either:
(1) Six (6) times the area of the sending lot, minus any existing above-grade gross floor area on the sending lot, for transfers from low (2) The amount of gross floor area permitted by the development standards of the PSM zone and the Pioneer Square Preservation District, minus any above-grade gross floor area to be built on the sending lot, when the transfer is from proposed infill development. 2. When development rights are transferred from a sending lot in DMC zones, the amount of gross floor area which may then be built on the sending lot shall be equal to the area of the lot multiplied by the applicable FAR limit set in Section 23.49.124, minus the total of: a. The existing gross floor area on the lot, less any exemptions permitted under Section 23.49.124; plus b. The amount of gross floor area which was transferred from the lot. D. Transfer of Development Rights Agreements.
1. The fee owners of the sending lot shall execute a deed with the written consent of all holders of encumbrances on the sending lot, unless (in the case of TDR from a low 2. Any person may purchase any TDRs that are eligible for transfer between blocks from the owner of the sending lot by complying with the applicable provisions of this section and the Public Benefit Features Rule, whether or not the purchaser is then the owner of an eligible receiving lot or is an applicant for a permit to develop downtown real property. Any person purchasing such TDRs may, at any time prior to the application for a permit using such TDRs, or after any such permit is denied or expires unused, retransfer such TDRs by deed to any other person for such consideration as may be agreed by the parties. Any purchaser of such TDRs (including any successor or assignee) may use such TDRs to obtain FAR above the applicable base to the extent permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDRs, to the same extent as if the TDRs had been purchased on such date. The Director may require, as a condition of processing any permit application using TDRs or for the release of any security posted in lieu of a deed for TDRs to the receiving lot, that the owner of the receiving lot demonstrate that the TDRs have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDRs are not available for retransfer. 3. For transfers that are permitted based on the status of the sending lot as a
low 4. For any transfer that is permitted, or for which the sending lot is granted priority, based on the status of the sending lot as a landmark performing arts theater, the owner of the sending lot shall sign a written agreement with the City with the approval of the Landmarks Preservation Board, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing and Human Services for good cause. The owner of the sending lot shall agree: a. To maintain the structure in compliance with requirements in such agreement approved by the Landmarks Preservation Board, for a period of at least forty (40) years; and b. To maintain the primary use of the theater portion of the structure as a performing arts theater for at least forty (40) years, and for so long thereafter as any of the interior features of the theater portion of the structure remain subject to controls under the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (or successor provisions), unless after the minimum forty (40) year period the owner demonstrates to the satisfaction of the Landmarks Preservation Board that a change of use is required to allow the owner a sufficient economic return under the standards then applicable to proceedings for removal or modification of such controls. In the case of a partial purchase of TDRs by the City for the TDR Bank, the Director of Housing and Human Services may allow a shorter period of commitment. Any relief that may be granted from the landmark designation or from any controls or restrictions imposed in connection with that designation, under SMC Chapter 25.12 or otherwise, shall not affect the owner's obligations pursuant to any agreement under this subsection 4. 5. For any transfer to which subsection D4 applies, a subsidy review shall be required if at the time of the transfer, the lot on which the landmark performing arts theater is located: a. Is being or has been used for any off-site bonus; or b. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any such subsidy for which an application has been made is granted. 6. When subsidy review is required according to one (1) or more of the above criteria: a. The transfer of development rights shall be allowed only to the extent that the Director of Housing and Human Services shall determine, pursuant to a subsidy review, that the benefits of such transfer and the benefits of any off-site bonus, if applicable, are reasonably necessary to make economically feasible: (i) The preservation of the landmark performing arts theater, and
(ii) Any replacement by the owner of such theater of low b. The Director of Housing and Human Services may require, as a condition of the transfer, that the owner of the lot upon which the landmark performing arts theater is located agree to limit any other subsidies to be received for that lot. 7. A deed conveying TDRs may require or permit the return of the TDRs to the sending lot under specified conditions, but notwithstanding any such provisions: a. The transfer of TDRs to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and b. The City shall not be required to recognize any return of TDRs unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDRs back to the sending lot. 8. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle. Section 25. Subsection F of Section 23.49.148 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, is further amended as follows: 23.49.148 Downtown Mixed Residential, conditional uses and Council decisions.
F. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 26. Subsection C of Section 23.49.150 of the Seattle Municipal Code, which Section was last amended by Ordinance 112303, is further amended as follows: 23.49.150 Downtown Mixed Residential, floor area ratio (FAR). C. Exemptions From FAR Calculations. 1. The following areas shall be exempt from base and maximum FAR calculations: a. All gross floor area in residential use, except on sending lots from which development rights are transferred, according to Section 23.49.154; b. All gross floor area below grade; c. All gross floor area used for accessory parking located above grade;
d. 2. As an allowance for mechanical equipment, three and one-half (3%) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure. Section 27. Subsection A of Section 23.49.152 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is further amended and new subsections C, D and E are added as follows: 23.49.152 Downtown Mixed Residential, ratios for public benefit features. A. General Provisions. 1. No floor area beyond the base FAR shall be granted for any project which causes the destruction of any designated feature of a Landmark structure unless authorized by the Landmarks Preservation Board. 2. Additional gross floor area may be permitted up to the "maximum FAR with housing" described in Section 23.49.150 when low or low-moderate housing is included in the development proposal and the following criteria are met:
a.
b
3. The Director shall review the design of any public benefit feature listed in subsection B of this section to determine whether the feature, as proposed for a specific project, provides public benefits and is consistent with the definitions in Chapter 23.84 and the Public Benefit Features Rule. 4. Except for housing, human services, child care, and off-site open space permitted under Section 23.49.009, all public benefit features provided in return for a bonus shall be located on the same lot or abutting public right-of-way as the project in which the bonus floor area is used.
C. A subsidy review shall be required as a condition to any bonus for an off-site low income housing or low-moderate income housing, if the lot on which the housing is located, at the time of issuance of the building permit for the structure
receiving the bonus FAR:
1. Is being or has been used:
a. For any other off-site bonus; or
b. As a sending site for the transfer of development rights; or
c. For a project receiving any public subsidies for housing development, including, but not limited to,tax exempt bond financing, low income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, State of Washington
Housing Trust funds, or City of Seattle property tax exemptions.
2. Is subject to any restrictions on the use, occupancy or rents of such property resulting from any public subsidy of any nature, direct or indirect, including without limitation any tax benefits, or will become subject to any such restrictions if any
such subsidy for which an application has been made is granted.
D. When subsidy review is required according to one (1) or more of the above criteria:
1. The bonus requested shall be allowed only to the extent that the Director of Housing shall determine, pursuant to a subsidy review, that the benefits of such bonus(es), and proceeds of sale of development rights, if applicable, are reasonably
necessary to make economically feasible the provision of the public benefit feature; and
2. The Director of Housing may require, as a condition of the bonus, that the owner of the lot upon which the bonus feature is located agree to limit any other subsidies to be received for that lot.
E. The Director of Housing is authorized to impose on the developers of housing that use the bonus described in this Section, maximum permitted rent levels and minimum duration of availability for units developed using the housing bonus. These
regulations shall be designated to assure the units shall be available for households earning 0 to 80 percent of area median income for the longest reasonable duration. Section 28. Subsections A, B and D of Section 23.49.154 of the Seattle Municipal Code, which Section was last amended by Ordinance 116513, are further amended as follows: 23.49.154 Downtown Mixed Residential, transfer of development rights. A. Transfer of Development Rights Within the Same Downtown Block. 1. Development rights shall not be transferred to lots in DMR zones from lots located in the same downtown block. 2. Development rights from sending lots in DMR zones may be transferred to receiving lots in DOC1 and DOC2 zones located on the same downtown block.
3. Development rights may be transferred from lots in DMR zones containing low B. Transfer of Development Rights Between Different Downtown Blocks. 1. Development rights from a sending lot on a different downtown block shall not be transferred to receiving lots in Downtown Mixed Residential zones.
2. Transfer From Low
a. "Low b. Principal use surface parking areas shall not be included in the area of the sending lot for purposes of calculating the amount of development rights which may be transferred. Accessory surface parking areas shall be included up to a maximum area of one-quarter (1/4) of the footprint of the structure on the sending lot. D. Transfer of Development Rights Agreements. 1. The fee owners of the sending and receiving lots shall execute a deed or an agreement, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing and Human Services for good cause, which deed or other agreement shall be recorded with the title to both lots. 2. The agreement or deed shall be for a term which equals or exceeds the life of the project on the receiving lot for which the rights were transferred.
3. For transfers that are permitted based on the status of the sending site as a low 4. The agreement or deed shall state that the development rights transferred from the sending lot to the receiving lot may not be reclaimed unless the project on the receiving lot, or that portion of the project for which the rights were transferred, is demolished. The deed or agreement shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by any party or by The City of Seattle. Section 29. Subsections A, B and D of Section 23.49.180 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, is further amended as follows: 23.49.180 Pioneer Square Mixed, transfer of development rights. A. Transfer of Development Rights Within the Same Downtown Block. 1. Development rights shall not be transferred to receiving lots in PSM zones from lots located on the same downtown block. 2. Development rights may be transferred from lots in PSM zones to receiving lots in DOC1 and DOC2 zones located on the same downtown block. 3. Development rights may be transferred from lots in PSM zones containing low-income housing or low and low-moderate income housing or infill development to lots in DMC zones located on the same block in accordance with subsection B. B. Transfer of Development Rights Between Different Downtown Blocks. 1. Development rights shall not be transferred to receiving lots in PSM zones from lots on different downtown blocks.
2. Development rights may be transferred from sending lots in PSM zones to receiving lots in DOC1, DOC2 and DMC zones located on a different block when the sending lot
b. Sending lots shall have gross floor area equivalent to at least one (1) FAR in low-income housing use.
a. Lots with structures subject to abatement orders on or before January 1, 1984, and surface parking areas, including lots with minor structures accessory to parking operations, shall be considered vacant for the purpose of this section. b. The transfer of development rights may not occur until a certificate of occupancy has been issued for the project proposed on the vacant lot. * * * D. Transfer of Development Rights Agreements. 1. The fee owners of the sending and receiving lots shall execute a deed or other agreement which shall be recorded with the title to both lots. 2. The agreement or deed shall be for a term which equals or exceeds the life of the project on the receiving lot for which the rights were transferred.
3. For transfers from 4. The agreement or deed shall state that the development rights transferred from the sending lot to the receiving lot may not be reclaimed unless the project on the receiving lot, or that portion of the project for which the rights were transferred, is demolished. The deed or agreement shall also provide that its covenants or conditions shall run with the land and shall be specifically enforceable by any party or by The City of Seattle. Section 30. Subsections A, B and D of Section 23.49.212 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, is further amended as follows: 23.49.212 International District Mixed, transfer of development rights. A. Transfer of Development Rights Within the Same Downtown Block. 1. Development rights shall not be transferred to lots in IDM zones from lots located in the same block. 2. Development rights may be transferred from lots in IDM zones to receiving lots in DOC1 and DOC2 zones located on the same downtown block.
3. Development rights may be transferred from lots in IDM zones B. Transfer of Development Rights Between Lots on Different Blocks. 1. Development rights shall not be transferred to receiving lots in IDM zones from lots on different downtown blocks.
2. Development rights may be transferred from sending lots in IDM zones to receiving lots in DOC1, DOC2, and DMC zones when the sending lot
b. Sending lots shall have gross floor area equivalent to at least one (1) FAR in low-income housing use.
c.
D. Transfer of Development Rights Agreements. 1. The fee owners of the sending and receiving lots shall execute a deed or other agreement which shall be recorded with the title to both lots. 2. The agreement or deed shall be for a term which equals or exceeds the life of the project on the receiving lot for which the rights were transferred.
3. For transfers from 4. The agreement or deed shall state that the development rights transferred from the sending lot to the receiving lot may not be reclaimed unless the project on the receiving lot, or that portion of the project for which the rights were transferred, is demolished. The deed or agreement shall also provide that its covenants or conditions shall run with the land and shall be specifically enforceable by any party or by The City of Seattle. Section 31. Subsections A, B and D of Section 23.49.240 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, are further amended as follows: 23.49.240 International District Residential, transfer of development rights. A. Transfer of Development Rights Within the Same Block. 1. Development rights shall not be transferred to lots in IDR zones from lots located in the same block. 2. Development rights may be transferred from sending lots in IDR zones to receiving lots in DOC1 and DOC2 zones located on the same downtown block.
3. Development rights may be transferred from lots in the IDR zone B. Transfer of Development Rights Between Different Downtown Blocks. 1. Development rights shall not be transferred to receiving lots in IDR zones from lots on different downtown blocks.
2. Development rights may be transferred from sending lots in IDR zones to receiving lots in the DOC1, DOC2, and DMC zones, when the sending lot
b. Sending lots shall have gross floor area equivalent to at least one (1) FAR in low-income housing use.
c.
D. Transfer of Development Rights Agreements. 1. The fee owners of sending and receiving lots shall execute a deed or other agreement which shall be recorded with the title to both lots. 2. The agreement or deed shall be for a term which equals or exceeds the life of the project on the receiving lot for which the development rights were transferred.
3. For transfers from 4. The agreement or deed shall state that the development rights transferred from the sending lot to the receiving lot may not be reclaimed unless the project on the receiving lot, or that portion of the project for which the rights were transferred, is demolished. The deed or agreement shall also provide that its covenants or conditions shall run with the land and shall be specifically enforceable by any party or by The City of Seattle. Section 32. Subsection G of Section 23.49.324 of the Seattle Municipal Code, which Section was last amended by Ordinance 118672, is further amended as follows: 23.49.324 Downtown Harborfront, conditional uses.
G. Jails may be permitted as Council conditional uses. The Council's decision shall be based on 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. Section 33. Seven codified maps, Pioneer Square Maps A through G, located at the end of Chapter 23.66 of the Seattle Municipal Code, are replaced with four maps, Pioneer Square Maps A through D as depicted in Attachment 3 to this ordinance. Section 34. Subsections A, B and C of Section 23.66.100 of the Seattle Municipal Code, which Section was last amended by Ordinance 112134, are further amended as follows: 23.66.100 Creation of district, legislative findings and purpose. A. During The City of Seattle's relatively brief history, it has had little time in which to develop areas of consistent historical or architectural character. It is recognized that the Pioneer Square area of Seattle contains many of these rare attributes and consequently is an area of great historical and cultural significance. Further, the King County domed stadium (Kingdome), constructed in the Pioneer Square area, and the traffic and activities which it generates has resulted in adverse impacts upon the social, cultural, historic and ethnic values of the Pioneer Square area. To preserve, protect, and enhance the historic character of the Pioneer Square area and the buildings therein; to return unproductive structures to useful purposes; to attract visitors to the City; to avoid a proliferation of vehicular parking and vehicular-oriented uses; to provide regulations for existing on-street and off-street parking; to stabilize existing, and encourage a variety of new and rehabilitated housing types for all income groups; to encourage the use of transportation modes other than the private automobile; to protect existing commercial vehicle access; to improve visual and urban relationships between existing and future buildings and structures, parking spaces and public improvements within the area; and to encourage pedestrian uses, there is established as a special review district, the Pioneer Square Preservation District. The boundaries of the District are shown on Map A and on the Official Land Use Map.
B. The District C. Reasons for Designating the Pioneer Square Preservation District. 1. Historic Significance. The Pioneer Square Preservation District is unique because it is the site of the beginning of The City of Seattle. The area also retains much of the original architecture and artifacts of its early history. The District has played a significant role in the development of Seattle, the Puget Sound region and The State of Washington. It was the first location of industry, business and homes in early Seattle and the focus of commerce and transportation for more than a half century. 2. Architectural Significance. As a collection of late nineteenth and early twentieth-century buildings of similar materials, construction techniques and architectural style, the District is unique, not only to the City but to the country as well. Most of the buildings within the District embody the distinctive characteristics of the Late Victorian style. Many buildings are the work of one architect, Elmer H. Fisher. For these and other reasons, the buildings combine to create an outstanding example of an area that is distinguishably in style, form, character and construction representative of its era. 3. Social Diversity. The District represents an area of unique social diversity where people from many income levels and social strata live, shop and work. It is an area in which social services, including missions, low-income housing and service agencies exist.
4. Business Environment. The District is an area of remarkable business diversity. The street level of the 5. Educational Value. The restoration and preservation of the District will yield information of educational significance regarding the way of life and the architecture of the late nineteenth-century as well as adding interest and color to the City. Restoration of the District will preserve the environment which was characteristic of an important era of Seattle's history. 6. Geographic Location. The District is uniquely situated adjacent to Seattle's waterfront, the central business district, the International District, and the King County domed stadium. Section 35. Subsections A and B of Section 23.66.122 of the Seattle Municipal Code, which Section was last amended by Ordinance 118414, are further amended as follows: 23.66.122 Prohibited uses.
A. Retail ice dispensaries; Plant nurseries; Frozen food lockers; Animal services; Automotive retail sales and service, except gas stations located in parking garages; Marine retail sales and service; Heavy commercial services; Fuel sales; Sales, service and rental of commercial equipment and construction materials; Adult motion picture theaters; Adult panorams; Bowling alleys; Skating rinks; Communication utilities; Advertising signs and off-premises directional signs; Transportation facilities, except passenger terminals; Outdoor storage; Jails;
Work-release centers
General and heavy manufacturing uses;
Salvage and Recycling uses, except recycling collection stations; and
High impact uses.
Drive-in businesses, except gas stations accessory to parking garages;
Principal and accessory surface parking areas not in existence prior to August 10, 1981, except that accessory use surface parking lots may be permitted in Subarea B shown on Map C, if the lot satisfies the provisions of SMC 23.49.020,
Screening and landscaping of surface parking lots.
Section 36. Subsection A of Section 23.66.124 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, is further amended as follows: 23.66.124 Uses subject to special review.
A. Principal-use parking garages for long-term parking in areas Section 37. Subsections A, B, C, D and E of Section 23.66.130 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, are further amended as follows: 23.66.130 Street-level uses. A. Uses at street level in the area designated on Map D shall require the approval of the Department of Neighborhoods Director after review and recommendation by the Preservation Board. B. Preferred Street-level Uses. 1. Preferred uses at street level shall be highly visible and pedestrian oriented. Preferred street-level uses either display merchandise in a manner that contributes to the character and activity of the area, and/or promote residential uses, including but not limited to the following uses: a. Art galleries, restaurants and other retail sales and service uses under three thousand (3,000) square feet in size; b. Theaters. 2. Accessory parking garages which serve preferred street-level uses on streets or malls, parks or alleys designed for pedestrian uses shall also be preferred. C. Discouraged Street-level Uses.
1. The following uses are discouraged at street-level in the area designated on Map a. Any use occupying more than fifty percent (50%) of any block frontage; b. Retail sales and services over three thousand (3,000) square feet and all other uses over ten thousand (10,000) square feet; c. Professional services establishments or offices which comprise more than twenty percent (20%) of any block frontage; d. Parking garages which are not accessory to preferred uses. 2. Discouraged uses may be approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board if an applicant demonstrates that the proposed use is compatible with uses preferred at street level.
D. Conditions on Street-level Uses. Approved street level uses in the area designated on Map 1. No use may occupy more than fifty percent (50%) of the street-level frontage of a block that is twenty thousand (20,000) square feet or more in area; 2. Human service uses and personal service establishments, such as haircutting and tanning salons, may not exceed twenty-five percent (25%) of the total street-level frontage of any block front.
E. The following uses shall be prohibited at street-level in the area designated on Map Wholesaling, storage and distribution uses; Vocational and fine arts schools; Research and development; Radio and television studios; Taxidermy shops; Appliance repair shops; Upholstery establishments; Other similar uses. F. The street-level location of entrances and exits of all vehicularoriented uses, where permitted, shall be approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board. View-obscuring screening may be required as needed to reduce adverse visual impacts on the immediate area. Section 38. Subsections A and B of Section 23.66.140 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, are further amended as follows: 23.66.140 Height. A. Maximum Height. Maximum structure height is regulated by Chapter 23.49.178, Pioneer Square Mixed, structure height, and shall be as designated on the Official Land Use Map, Chapter 23.32.
B. Minimum Height. No structure shall be erected or permanent addition added to an existing structure which would result in the height of the new structure Section 39. Section 23.66.150 of the Seattle Municipal Code, which Section was last amended by Ordinance 116744, is further amended as follows: 23.66.150 Maximum setbacks.
Maximum permitted setbacks for
A. Structures located within Subarea A on Map C
B. Structures located within Subarea B on Map C shall abut street property lines for the full width of the structure's street front facade.
C. For both Subareas,
1. A larger setback will be compatible with and not adversely affect the streetscape; and
2. A larger setback will be compatible with other design elements, such as bulk and profile, of the proposed building. Section 40. Subsection D of Section 23.66.170 of the Seattle Municipal Code, which Section was last amended by Ordinance 118409, is further amended as follows: 23.66.170 Parking and access. D. Standards for Location of Access to Parking.
1. Access to parking and loading from alleys, and from streets which generally run east/west, is preferred to access from avenues. When a lot abuts more than one (1) right-of-way, the location of access shall be determined by the Department of
Neighborhoods Director in consultation with the Director of Transportation. This determination shall be made according to the traffic classification of the street, depicted on Map 2. Curbcut width and the number of curbcuts permitted per street frontage shall be governed by Section 23.54.030 of this Land Use Code. 3. The street-level location of entrances and exits of all parking garages, where permitted, shall be permitted only if approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board. View-obscuring screening may be required as needed to reduce adverse visual impacts on the immediate area. Section 41. Section 23.84.024 of the Seattle Municipal Code, which Section was last amended by Ordinance 118794, amends the definitions of "Low-income housing" and "Low-income housing TDR site" as follows: 23.84.024 "L"
"Land use policies" means those policies set forth or incorporated by reference in Chapter 23.12, as such chapter is now in effect and as it maybe hereafter amended, as the same may be amended from time to time.
"Land use policies, Downtown," or "Land Use and Transportation Plan for Downtown" means the portions of the Land Use and Transportation Plan for Downtown Seattle, as amended, that are incorporated by reference in SMC Chapter 23.12, as such section is
now in effect or hereafter amended.
"Low
"Low 1. The lot is located in any Downtown zone except PMM, DH-1 and DH-2 zones;
2. Each structure on the lot shall have 3. The lot has gross floor area equivalent to at least one (1) FAR committed to low-income housing use for a minimum of twenty (20) years in accordance with the Public Benefit Features Rule; and
4. The low Section 42. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision. Section 43. 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 Municipal Code Section 1.04.020. Passed by the City Council the _____ day of _______________, 1999, and signed by me in open session in authentication of its passage this _____ day of _______________, 1999. ___________________________________ President of the City Council Approved by me this _____ day of _______________, 1999. ___________________________________ Paul Schell, Mayor Filed by me this _____ day of _______________, 19____. ___________________________________ City Clerk (SEAL) mlp/jk 5/16/99 V 9 |
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