AN ORDINANCE relating to land use and zoning, adding a Chapter 23.70, Station Area Interim Overlay District, to the Seattle Municipal Code, establishing interim regulations to prohibit uses incompatible with transit-oriented development and revising parking standards within approximately one-quarter mile of proposed Sound Transit light rail stations.

WHEREAS, RCW 81.104 directs municipalities to regulate land uses in a manner which supports high capacity transportation systems; and

WHEREAS, in November 1996, the voters of the three-county Sound Transit district approved Sound Move, the ten-year regional transit system plan, which includes a 23-mile new electric light rail line connecting SeaTac, Tukwila, and Seattle; and

WHEREAS, Sound Transit is proceeding to implement the Sound Move plan, including the light rail component; and

WHEREAS, in April 1998, the City of Seattle and Sound Transit executed a Memorandum of Agreement for Intergovernmental Cooperation for the Central Light Rail Transit Project (the MOA), as authorized by Ordinance 118927; and

WHEREAS, under the terms of the MOA, the City is conducting station area planning for light rail station areas in Seattle; and

WHEREAS, the City Council adopted Resolution 29867 in December 1998, establishing goals and strategies to promote transit-oriented development in light rail station areas; and

WHEREAS, the City has given guidance to Sound Transit as to preferred light rail routes and station locations, and desired patterns for development around light rail stations, in previous legislation, including Resolution 29904 adopted on February 22, 1999; and

WHEREAS, on February 25, 1999, the Sound Transit Board of Directors identified the Locally Preferred Alternative (LPA) light rail alignment and station locations; and

WHEREAS, the City Council and Mayor want to ensure that station area planning proceeds in a rational and orderly manner for the stations identified in the LPA, and to avoid, to the extent possible, applicants acquiring vested rights to establish uses that are not compatible with the City's goals and strategies for station area planning; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council hereby makes the following legislative findings of fact and declarations:

1. RCW 81.104 directs the City to regulate land uses in a manner which supports high capacity transportation. Accordingly, the City has adopted general goals and strategies to achieve transit-oriented development near proposed light rail stations. The Sound Transit Board identified a locally preferred alternative for rail system alignment and station location on February 25, 1999.

2. The City has also begun a specific, station area planning process to encourage transit-oriented development. Development of detailed station area plans may include proposals to change the City's zoning to achieve transit-oriented development. The City has adopted a work plan for these measures.

3. If development occurs or is vested before station area plans and permanent zoning changes are completed, the purposes of RCW 81.104 and the City's station area plans may be thwarted. Accordingly it is necessary for the City to temporarily foreclose the vesting of rights to development which may be inconsistent with transit-oriented development.

4. The City has legal authority to establish interim measures pursuant to the authority granted by Article 11, Section 11 of the Washington Constitution, the Growth Management Act, RCW 36.70A.390, and Matson v. Clark County, 79 Wn. App. 641 (1995).

Section 2. A new Chapter 23.70, Station Area Interim Overlay District, is hereby added to the Seattle Municipal Code, Title 23, to read as follows:

Chapter 23.70 Station Area Interim Overlay District

23.70.002 Purpose and Intent

The intent of this Chapter is to regulate land uses in a manner which supports transit-oriented development.

23.70.004 Station Area Interim Overlay District Established

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Station Area Interim Overlay District, as depicted on Exhibit 1A-J.

23.70.006 Application of Regulations

All land located within the Station Area Interim Overlay District is subject to the regulations of the underlying zone unless specifically modified by the provisions of this Chapter. In the event of a conflict between the provisions of the Station Area Interim Overlay District and the underlying zone, the provisions of this Chapter prevail, except that where a conflict exists between the provisions of this Chapter and Chapter 23.69, Major Institution Overlay District, the provisions of Chapter 23.69 prevail.

23.70.008 Use Restrictions

For property zoned Commercial (NC1, NC2, NC3, C1, C2) and located within the Station Area Interim Overlay District, the following uses are prohibited:

A. Principal Use Parking

B. Drive-in Businesses

C. Vehicle Repair (major or minor)

D. Towing Services

E. Heavy Commercial Services

F. Sales, Service and Rental of Commercial Equipment and Construction Materials

G. Sale of Heating Fuel

H. Mini-warehouse

I. Warehouse

J. Outdoor Storage

K. Sales and Rental of Motorized Vehicles

23.70.010 Location of and Access to Parking

For all uses located in Commercial 1 or Commercial 2 (C1, C2) zones within the Station Area Interim Overlay District, the location of and access to parking shall be as required in Neighborhood Commercial Zones, as provided in Section 23.47.032 (A), (B) and (D).

Section 3. Pursuant to SMC 25.05.880, the City Council finds that an exemption under SEPA for this action is necessary to prevent development that is inconsistent with the City's goals and strategies for transit-oriented development and growth management strategy. SEPA review of any permanent regulations proposed for replacement of the existing zoning will be conducted.

Section 4. Based on the preamble to this ordinance and the findings of fact and declarations in Section 1, the City Council finds that the provisions of SMC Section 23.76.062 should be waived for the adoption of this ordinance.

Section 5. This Ordinance expires March 1, 2000.

Section 6. 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.

________________________________________

Mayor

Filed by me this ________ day of ______________, 1999.

________________________________________

City Clerk

(Seal)

R-SAPINT.DOC RDT/M(L 2-26-99 v.6

Exhibits