AN ORDINANCE relating to land use and zoning, amending Sections 23.71.004, 23.71.008, 23.71.014, 23.71.020, 23.71.038, 23.71.044, 23.76.004 (Exhibit A), 23.76.006 and 23.76.026; and repealing Sections 23.71.024, 23.71.026, 23.71.028, and 23.71.029; all relating to the Northgate Overlay District.

WHEREAS, GDP elements are intended to help promote pedestrian circulation by establishing a functional and attractive pedestrian network, efficient vehicle circulation that minimizes disruption to pedestrian circulation, adequate amenities such as landscaping and open space to encourage use of the pedestrian network, development compatible with adjacent areas, and conditions that support increased use of transit or other alternatives to single-occupant vehicles; and

WHEREAS, existing regulatory requirements, including the development standards in the Northgate Overlay District and the Northgate Area Design Guidelines, can be combined with optional mechanisms such as development agreements or planned actions to replace and better accomplish the goals of the GDP requirements; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.71.004 of the Seattle Municipal Code, which was last amended by Ordinance 120117, is amended by replacing Map A with a new Map A adding Northeast 103rd Street (from 1st Avenue NE to 5th Avenue NE), 100th Street (from 1st Avenue NE to 5th Avenue NE) and 5th Avenue NE (from NE 105th Street to NE 100th Street) as Special Landscaped Arterials as follows:

Section 2. Section 23.71.008 of the Seattle Municipal Code, which was last amended by Ordinance 118114, is amended as follows:

SMC 23.71.008 Development along major pedestrian streets.

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F. Street Facade Standards

1. Transparency Requirements.

a. Sixty (60) percent of the width of the facade of a structure along the major pedestrian street shall be transparent. Clear or lightly tinted glass, with comparable visibility into the structure as clear glass, in windows, doors and display windows, which must be a minimum of four (4) feet deep, shall be considered transparent. Transparent areas shall allow unobstructed views into the structure or into display windows, which must be a minimum of four (4) feet deep, from the outside.

b. A facade shall be considered transparent if it has clear or slightly tinted glass in windows, doors or display windows.

c. Transparent areas shall allow views into the structure or into display windows from the outside.

2. Blank Facades.

a. Any portion of a facade which is not transparent shall be considered to be a blank facade.

b. Blank facade segments shall not exceed thirty (30) feet along the major pedestrian street front.

c. Blank facade segments which are separated by transparent areas of at least two (2) feet in width shall be considered separate facade segments for the purposes of this section.

3. Transparent and blank facade standards apply to the area of a facade between two (2) feet and eight (8) feet above the sidewalk.

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Section 3. Section 23.71.014 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance 116795, is amended as follows:

23.71.014 Open Space

A. Quantity of Open Space.

1. In all Commercial zones with a permitted height limit of forty (40) feet or less, a minimum of ten (10) percent of lot area or, at the applicant's option, proposed gross floor area, shall be provided as landscaped or usable open space for all commercial and mixed use substantial development. A minimum of one-half (1/2) of the required open space shall be landscaped open space and a minimum of one-third (1/3) of the required open space shall be usable open space. The remainder shall be either landscaped or usable open space or may be provided in accordance with subsection A8 of this section.

2. In all Commercial zones with a permitted height limit greater than forty (40) feet, a minimum of fifteen (15) percent of lot area or, at the applicant's option, proposed gross floor area, shall be provided as landscaped or usable open space for all commercial and mixed use substantial development. A minimum of one-third (1/3) of the required open space shall be landscaped open space and a minimum of one-fifth (1/5) of the required open space shall be usable open space. The remainder shall be either landscaped or usable open space or may be provided in accordance with subsection A8 of this section.

3. Open space may be provided as interior or exterior open space according to the standards provided in subsections 23.71.014 B and C. Interior open space may be used to satisfy up to twenty (20) percent of the open space requirement.

4. Reductions to Required Open Space. Required open space may be reduced if any of the following open space alternatives are provided:

a. Interior public meeting space or space accommodating a public library, either of which shall be free to the public and credited at two (2) times their actual area;

b. An on-site town square, urban plaza, active park, or passive park which meets the minimum size requirements prescribed in Table 23.71.014 A and which is consistent with the standards for such features contained in subsection 23.71.014 C. Such space shall be credited towards the open space requirement at 1.5 times the actual lot area occupied by such space.

5. Above-ground open space in the form of a publicly accessible terrace may satisfy up to thirty (30) percent of total required open space. Due to the more limited public access to such areas, such above-ground open space shall be credited at seventy-five (75) percent of actual area provided. Above-ground open space in combination with interior open space shall not exceed fifty (50) percent of the total area required for open space.

6. In no case shall required landscaped open space be reduced to less than the minimum percentages for landscaped open space required in (A)(1) and (A) (2) of this section. five (5) percent of lot area. Required landscaping of surface parking areas, which may include perimeter screening, may count towards the landscaped open space requirement up to the minimum percentages required in (A)(1) and (A) (2) of this section. to a maximum of five (5) percent of total lot area. Perimeter screening of a surface parking area may count towards the landscaped open space requirement in excess of five (5) percent.

7. When an owner proposes substantial development on lots forty thousand (40,000) square feet or less and adjacent to a major pedestrian street as designated in Section 23.71.008, the Director may reduce the total amount of required open space if the owner provides open space on the portion of the site abutting the major pedestrian street. The reduction does not apply to open space consisting of landscaping required for surface parking areas, screening, or to improvements provided within the street right-of-way.

8. Northgate Open Space Fund.

a. In lieu of providing the remainder of open space, as defined in subsections A1 and A2 of this section, an owner may make a payment to the Northgate Area Open Space fund, if such a fund is established by the City Council. The payment and use thereof shall be consistent with RCW 82.02.020.

b. An in-lieu of payment shall equal the assessed value of the land and improvements which would otherwise have been provided as open space.

c. Funds received from properties within the Northgate Core sub-area as shown on Map A, shall be applied to open space acquisition or improvements in the Northgate Core sub-area. Funds received from properties outside of the Northgate Core sub-area shall be applied to open space acquisition or improvements within one-half (1/2) mile of contributing sites.

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D. Reduction of Open Space Deficit. When substantial development is proposed for a site, the open space deficit for the entire site must be eliminated, provided that for sites subject to the General Development Plan provisions of Section 23.71.020, the deficit need not be eliminated but shall be reduced by an amount equal to fifty percent (50%) of the footprint of the substantial development together with fifty percent (50%) of the total footprint of any new parking area provided to meet the demand of the substantial development, together with fifty percent (50%) of any replacement parking provided.

Section 4. Section 23.71.020 of the Seattle Municipal Code, which was last amended by Ordinance 116795, is amended as follows:

SMC 23.71.020 General Development Plan requirement Development Agreements.

A. On sites of six (6) acres or more the owner shall submit and obtain approval of a General Development Plan when one (1) or more of the conditions identified in subsection C of this section is met.

Development Agreements may be proposed for development within the Northgate Overlay District pursuant to RCW 36.70B. In determining whether to approve a Development Agreement, the City Council shall consider the extent to which the proposed development or redevelopment:

a. Contributes toward meeting the Northgate Urban Center housing targets;

b. Coordinates approaches to transportation planning and traffic analysis with surrounding properties and the City, with the goal of reducing use of single-occupant vehicles and reducing or minimizing pedestrian and vehicular conflicts and other potential negative traffic impacts on neighborhoods;

c. Proposes improvements to the street level environment and circulation for pedestrians, including coordination with area-wide pedestrian circulation and open space plans such as the 5th Avenue Streetscape Design Plan;

d. Includes natural drainage strategies such as those described in the Thornton Creek Five-Year Action Agenda and "Refining Our Choices" for Northgate; and

e. Incorporates sustainable design and green building practices in the proposed development.

B. For the purposes of this section a "site" is all contiguous parcels of property, including parcels separated only by rights-ofway, which are under common ownership, or under the ownership of several individuals or entities who have agreed to common management of all or a portion of the parcels.

C. A General Development Plan shall be prepared when one (1) or more of the following occurs:

1. Development of more than four thousand (4,000) square feet of commercial floor area, or redevelopment of more than four thousand (4,000) square feet of commercial floor area, if the redevelopment includes a change of use; and/or

2. Creation of parking facilities for over forty (40) vehicle spaces; and/or

3. Rezone applications; and/ or

4. Conditional use applications; and/or

5.Requests for variance(s) from the requirements of this chapter.

D. The General Development Plan shall be reviewed by the Director as a Type II master use permit decision, as provided in Chapter 23.76, Procedures For Master Use Permits and Council Land Use Decisions.

E. A General Development Plan is not required for that portion of a site for which a Major Institution Master Plan is required pursuant to Chapter 23.69.

Section 5. Section 23.71.024 of the Seattle Municipal Code, which was last amended by Ordinance 116795, is repealed.

Section 6. Section 23.71.026 of the Seattle Municipal Code, which was last amended by Ordinance 116795, is repealed.

Section 7. Section 23.71.028 of the Seattle Municipal Code, which was last amended by Ordinance 119239, is repealed.

Section 8. SMC 23.71.029 of the Seattle Municipal Code, which was last amended by Ordinance 116795, is repealed.

Section 9. SMC 23.71.038 of the Seattle Municipal Code, which was last amended by Ordinance 118414, is amended as follows:

23.71.038 Standards for mixed use development in commercial zones within the Northgate Overlay District.

Residential and nonresidential uses in a mixed use development in a commercial zone shall meet the requirements of Section 23.47.008 to qualify as a mixed use development. The minimum standards of Section 23.47.008 may vary on sites subject to the requirements for General Development Plans as provided in Section 23.71.026.

Section 10. SMC 23.71.044 of the Seattle Municipal Code, which was last amended by Ordinance 116795, is amended as follows:

23.71.044 Standards for single-purpose residential development in Commercial zones within the Northgate Overlay District.

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B. Single-purpose residential structures are prohibited in all commercial zones with a height limit of eighty-five (85) feet or greater. , except as provided in Section 23.71.026 B for phased mixed use development under a General Development Plan.

Section 11. Exhibit 23.76.004A of Section 23.76.004 of the Seattle Municipal Code, which was last amended by Ordinance 119974, is amended as follows:

DIRECTOR'S AND HEARING EXAMINER'S DECISIONS REQUIRING MASTER USE PERMITS

TYPE I Type II Type III Director's Decision Director's Decision Hearing Examiner's (No Administrative Appeal) (Appealable to Decision Hearing Examiner*) (No Administrative Appeal)

Compliance with Temporary uses, more Subdivisions development standards than four weeks (preliminary plats) Uses permitted outright Variances Temporary uses, four Administrative weeks or less conditional uses Certain street uses Shoreline decisions Lot boundary adjustments (*appealable to Shorelines Modifications of features Hearings Board along with bonused under Title 24 all related environmental Determinations of appeals) significance (EIS required) Short subdivisions except for determinations Special exceptions of significance based Design review solely on historic and Northgate General cultural preservation Development Plans Temporary uses, twelve Light rail transit months or less, for facilities relocation of police and The following fire protection environmental Exemptions from determinations: right-of-way improvement 1. Determination of requirements nonsignificance (EIS not Special accommodation required) Reasonable accommodation 2. Determination of final Minor amendment to a EIS adequacy Major Phased Development 3. Determinations of Permit significance based solely on historic and cultural preservation 4. A decision by the Director to approve, condition or deny a project based on SEPA Policies 5. A decision by the Director that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required) Major Phased Development

COUNCIL LAND USE DECISIONS

TYPE IV TYPE V (Quasi -Judicial) (Legislative)

Land use map amendments (rezones) Land Use Code text amendments Public project approvals Rezones to implement new City Major Institution master plans Policies Council conditional uses Concept approval for City facilities Downtown planned community Major Institution designations developments Waive or modify development standards for City facilities Planned Action Ordinance

Section 12. Section 23.76.006 of the Seattle Municipal Code (SMC), which was last amended by Ordinance 120611, is amended as follows:

SMC 23.76.006 Master Use Permits required.

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C. The following are Type II decisions:

1. The following procedural environmental decisions for Master Use Permits and for building, demolition, grading and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council (supplemental procedures for environmental review are established in SMC Chapter 25.05, Environmental Policies and Procedures):

a. Determination of Nonsignificance (DNSs), including mitigated DNSs;

b. Determination that a final environmental impact statement (EIS) is adequate; and

c. Determination of Significance based solely on historic and cultural preservation.

2. The following decisions, including any integrated decisions to approve, condition or deny based on SEPA policies, are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations which are appealable to the Shorelines Hearings Board):

a. Establishment or change of use for temporary uses more than four (4) weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for so long as is necessary to construct the system as provided in Section 23.42.040E, and excepting temporary relocation of police and fire stations for twelve (12) months or less;

b. Short subdivisions;

c. Variances; provided that, variances sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

d. Special exceptions; provided that, special exceptions sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

e. Design review;

f. Administrative conditional uses; provided that, administrative conditional uses sought as part of a Type IV decision may be approved by the Council pursuant to Section 23.76.036;

g. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):

(1) Shoreline substantial development permits,

(2) Shoreline variances,

(3) Shoreline conditional uses;

h. Northgate General Development Plan;

h. i Major Phased Development;

i. j. Determination of project consistency with a planned action ordinance and EIS; and

j. k. Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004.

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Section 13. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provisions shall not affect the validity of any other provision.

Section 14. 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 _______________, 20__, and signed by me in open session in authentication of its passage this _____ day of _______________, 20__. ___________________________________ President ___________ of the City Council

Approved by me this _____ day of _______________, 20__. ___________________________________ Gregory J. Nickels, Mayor

Filed by me this _____ day of _______________, 20__ ___________________________________ City Clerk

12/8/03 V #15 ta Exhibit A