ORDINANCE __________________

AN ORDINANCE relating to land use and zoning, amending Ordinance 120039 by extending the date of the expiration of the Station Area Interim Overlay District, Chapter 23.70 of the Seattle Municipal Code, until September 1, 2001.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

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

a) On March 3, 1999, Ordinance 119394 was passed to establish the Station Area Interim Overlay District. The District established interim regulations applicable within approximately 1/4 mile of proposed light rail stations. Within the District, certain uses incompatible with transit-oriented development are prohibited and revised parking and access standards for uses in Commercial 1/ Commercial 2 zones are established.

b) On January 18, 2000, Ordinance 119838 was passed to extend the duration of the Station Area Interim Overlay District to September 1, 2000.

c) On July 24, 2000, Ordinance 120039 was passed to extend the duration of the Station Area Interim Overlay District to March 1, 2001.

d) Sound Transit's Central Link Light Rail project and the Station Area Planning activities undertaken by the City of Seattle are authorized under Chapter 81.104 RCW, High Capacity Transportation Systems.

e) The vesting of rights to establish uses incompatible with the City's station area planning goals, adopted by the City Council in Resolution 29867, would be inconsistent with state legislative directives designed to ensure that land use planning and development supports high capacity transportation systems, under the High Capacity Transportation Act, Ch. 81.104 RCW and the Growth Management Act, Ch. 36.70A RCW.

f) The City of Seattle supports lively light rail station areas and encourages transit oriented development, which will support community objectives, help implement neighborhood plans, increase access to jobs and other opportunities for Seattle residents, make light rail an asset in the communities through which it passes, and help achieve the goals of the High Capacity Transportation Act, Ch. 81.104 RCW;

g) The City of Seattle has been conducting station area planning and related public involvement activities for over two years, in performance of the Memorandum of Agreement (MOA) for Intergovernmental Cooperation between The Central Puget Sound Regional Transit Authority (Sound Transit) and The City of Seattle Regarding Light Rail Development, authorized by Ordinance 118927 and executed in April 1998;

h) The vesting of development applications inconsistent with the goals articulated in the state laws and the MOA between Sound Transit and the City of Seattle prior to the time a permanent set of regulations and any rezoning can be enacted has the potential to prevent the City from implementing these goals and statewide policy mandates.

i) By adopting and extending the Interim Overlay District, the City Council ensures that the City's station area planning process could proceed without vesting of rights to establish uses incompatible with the City's station area planning goals.

j) Ordinance 120039 is scheduled to expire on March 1, 2001.

k) In May and August of this year, the Strategic Planning Office and the Department of Design, Construction and Land Use introduced legislation to establish a permanent overlay district, apply it in place of the interim overlay district and rezone certain properties within station areas. The City of Seattle now must revise the proposals, in part, to respond to public input received and introduce new legislation. This legislation is expected to be transmitted in February 2001 for Council consideration by the spring or summer of 2001. With the time provided by an extension of the interim regulations to September 1, 2001, these proposals can be refined and prepared for City Council consideration.

l) In order to allow station area planning to be completed, the City Council finds it necessary to extend the duration of the Interim Overlay District for an additional six months. The Council therefore finds that the protection of the public health, safety, and welfare requires extending the overlay district through September 1, 2001.

Section 2. Section 2 of Ordinance 120039 is hereby amended to read:

This Ordinance expires March 1, 2001 September 1, 2001.

Section 3. 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 _______________, 2001, and

signed by me in open session in authentication of its passage this _____ day of _______

________, 2001.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 2001.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of _______________, 2001.

___________________________________

City Clerk

(SEAL)

MLP/GAB/ALS

Station Area Interim Extension

11/29/00

v.3