AN ORDINANCE relating to land use and zoning, amending Sections 23.60.198, 23.60.544 and 23.60.666 of the Shoreline District Chapter of the Land Use Code (Title 23). NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.60.198 of the Seattle Municipal Code (SMC), which Section was adopted by Ordinance 113466, is amended as follows:

23.60.198 Residences other than floating homes.

B. 1. Residences on waterfront lots shall not be located further waterward than adjacent residences. If a required setback exceeds seventy-five feet (75') from the line of ordinary high water, the Director may reduce the setback to no less than seventy-five feet (75') if it does not adversely impact the shoreline environment and if views of the shoreline from adjacent existing residences are not blocked. If there are no other residences within one-hundred feet (100'), residences shall be located at least twenty-five feet (25') back from the line of ordinary high water.

2. Fences, freestanding walls, bulkheads and other structures normally accessory to residences may be located in the residential setback if views of the shoreline from of adjacent existing residencests are not obscured blocked. The Director shall determine the permitted height of the accessory structure.

Section 2. Section 23.60.544 of the SMC, which was last amended by Ordinance 113764, is hereby amended to correct the printed Section number as follows:

20.60.54423.60.544 Prohibited uses on waterfront lots in the UR Environment

Section 3. Subsection B of Section 23.60.666 of the SMC, which Section was adopted by Ordinance 113466, is hereby amended as follows:

23.60.666 Council conditional uses permitted on waterfront lots-Water-dependent incentive.

B. The following development standards shall be used as criteria in evaluating projects which include a major water-dependent use:

1. The project may be located in any area of a Downtown Harborfront 1 zone except the Historic Character Area established by Section 23.60.704.

2. Siting of project components shall be designed to facilitate the operation of the water-dependent component(s). Views from Alaskan Way of activity over water and the harbor itself are encouraged, and the frontage of the project on Alaskan Way should contribute to an interesting and inviting pedestrian environment.

3. The area of the project shall be adequate to accommodate the operations of a major water-dependent use suited to a downtown harbor area location.

a. Area. A minimum of twenty thousand (20,000) square feet or square footage equivalent to twenty percent (20%) of the developed lot area, whichever is greater, shall be dedicated to water-dependent use.

b. Moorage. The moorage required by Section 23.60.698 700 shall not be calculated as part of the major water-dependent use. Moorage provided in excess of the requirement shall be credited as part of the minimum square footage requirement for water-dependent use.

c. Lot coverage. An increase in the base lot coverage from fifty percent (50%) to a maximum of sixty-five percent (65%) may be permitted by the Council. Structures excluding floats permitted by Section 23.60.694 C, shall not occupy more than sixty-five percent (65%) of the submerged land and sixty-five percent (65%) of the dry land of any lot. To exceed the base lot coverage, development shall be modified to accomplish the following objectives:

(1) Prevent building bulk from being concentrated along the Alaskan Way frontage of the lot;

(2) Promote an overall massing of the pier superstructure to reflect some of the qualities of traditional pier development;

(3) Site view corridors and public access areas to reduce the appearance of building bulk over water; and

(4) Ensure coverage configuration that permits the water abutting the Alaskan Way seawall to be visible so that the seawall will be perceived as the edge of the water.

4. Height. The Council may permit increases in building height up to sixty (60) or seventy-five feet (75') above Alaskan Way in the areas shown on Exhibit 23.60.666. (See Exhibit 23.60.666.)

Structure heights of seventy-five feet (75') shall be permitted only on dry-land portions of a lot located inside the Inner Harbor Line. Portions of the structures that are above forty-five feet (45'), as measured from Alaskan Way, shall not occupy more than forty percent (40%) of the submerged land and forty percent (40%) of the dry land of the lot. Heights above forty-five feet (45') shall not be permitted within one hundred feet (100') of the Outer Harbor Line. To exceed forty-five feet (45'), the development should accomplish the following objectives:

a. Maintain views from upland public spaces and rights-of-way;

b. Ensure structure heights that provide a transition to the lower pier structures in the Historic Character Area;

c. Maintain a structure height along Alaskan Way frontage that is consistent with existing pier development, maximizes solar access to Alaskan Way and establishes a scale of development in keeping with the pedestrian character; and

d. Provide a transition in height and scale between the waterfront and abutting upland development.

5. Public Access. Public access shall be required according to the following guidelines to ensure access to the water and marine activity without conflicting with the operation of water dependent uses:

a. Public access shall be provided approximately equivalent to fifteen percent (15%) of the lot coverage or five thousand (5,000) square feet, whichever is greater, except as provided in subsection b3 below.

b. Area designated for public access shall be subject to the following conditions:

(1) Where the water-dependent use will benefit from or is compatible with public access, such as passenger terminals, ferry operations and tour boats, the access shall be provided in conjunction with the water-dependent use;

(2) Where public access would conflict with the operations of the water-dependent use, access requirements may be met on alternative portions of the lot;

(3) Where the entire lot is to be occupied by a waterdependent use, the Council may permit a partial waiver of the public access requirement;

(4) To qualify as public access, an area shall be directly accessible from Alaskan Way and clearly related to public open spaces. Efforts should also be made to physically and visually link public access areas over water with the east/west streets providing links to upland areas;

(5) The public access area shall provide the public with visual and physical access to the shoreline area. Preference shall be given to perimeter access on over-water structures providing maximum exposure to the bay and surrounding activity;

(6) Interpretive features such as displays or special viewing equipment shall be incorporated in public access areas. Maritime museum space which is fully enclosed will not count as public access space;

(7) Up to fifty percent (50%) of the total public access area may be covered, provided that at least fifty percent (50%) of the perimeter of any covered area is open to views of the water;

(8) A portion of the required public access area, not to exceed fifty percent (50%), may be provided at an elevation exceeding two feet (2') above or below the grade of Alaskan Way. The area must be open to views of the water along at least fifty percent (50%) of the perimeter, be easily identifiable as public space and be fully accessible to the public.

6. View Corridors. View corridors shall be provided equivalent to thirty percent (30%) of the street frontage of the lot. The following conditions for view corridors shall be met:

a. View corridors shall allow views of the water from the street. View corridors shall maintain and enhance pedestrian views from Alaskan Way along traditional view corridors established by submerged street rights-of-way, as well as views from upland areas along east/west rights-of-way. View corridors shall provide views past pier development out into the open water of Elliott Bay and to the Olympic Mountains where possible;

b. View corridors shall maximize opportunities for views of the bay and waterfront activity along Alaskan Way to enhance public open space and public access areas;

c. View corridors through a development site shall be encouraged to assist in relieving the overall sense of bulk of development over water; and

d. Overhead weather protection, arcades or other architectural features may extend into the view corridor only if they do not obstruct views from pedestrian areas at Alaskan Way or on upland streets.

Section 4. 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 5. This ordinance shall take effect and be in force on whichever is the later of: the effective date of approval and adoption by the Department of Ecology; or thirty (30) days from and after passage and approval if approved by the Mayor, or, if not approved, at the time it shall have become a law under the provisions of the City Charter.

Passed by the City Council the _____ day of ____________, 1996, and signed by me in open session in authentication of its passage this _____ day of _________________, 1996.

___________________________________

President of the City Council

Approved by me this _____ day of _________________, 1996.

___________________________________

Norman B. Rice, Mayor

Filed by me this _____ day of ____________________, 1996.

__________________________________

Clerk

(SEAL)

ngt November 21, 1996 V3