Seattle City Council Bills and Ordinances
Information modified on December 9, 2014; retrieved on December 2, 2024 5:19 AM
Ordinance 124591
Introduced as Council Bill 118163
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AN ORDINANCE related to land use and zoning; amending Seattle Municipal Code Sections 23.49.011, 23.49.013, and 23.49.014 to remove provisions related to the bonus for a Landmark performing arts theater (LPAT) and to increase the base floor area ratio (FAR) of a lot with an LPAT to provide a new incentive for rehabilitating and maintaining these structures; and amending the Downtown Amenity Standards to delete reference to the bonus for the restoration and preservation of a Landmark performing arts theater and to update references to the Public Art Advisory Committee. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118163 |
Index Terms: | LAND-USE-CODE, LAND-USE-PLANNING, THEATERS, THEATERS |
References: | Clerk File 314110 |
Legislative History | |
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Sponsor: | LICATA | tr>
Date Introduced: | July 28, 2014 |
Committee Referral: | Finance and Culture |
Committee Action Date: | September 24, 2014 |
Committee Recommendation: | Pass as Amended |
Committee Vote: | 3(Licata, Burgess, Godden)-0 |
City Council Action Date: | September 29, 2014 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | October 3, 2014 |
Date Signed by Mayor: (About the signature date) | October 13, 2014 |
Date Filed with Clerk: | October 13, 2014 |
Signed Copy: | PDF scan of Ordinance No. 124591 |
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CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ AN ORDINANCE related to land use and zoning; amending Seattle Municipal Code Sections 23.49.011, 23.49.013, and 23.49.014 to remove provisions related to the bonus for a Landmark performing arts theater (LPAT) and to increase the base floor area ratio (FAR) of a lot with an LPAT to provide a new incentive for rehabilitating and maintaining these structures; and amending the Downtown Amenity Standards to delete reference to the bonus for the restoration and preservation of a Landmark performing arts theater and to update references to the Public Art Advisory Committee. WHEREAS, Downtown Seattle is home to some of the City's most historic live-performance venues; and WHEREAS, in 2011 the City Council adopted Resolution 31341 establishing the Downtown Historic Theatre District and recognizing the economic and cultural contributions of live-performance venues; and WHEREAS, the large Landmark theaters are the anchors of the Downtown Historic Theatre District and are critical to the vitality of the district and success of a wide variety of businesses; and WHEREAS, the City recognizes that, due to the size and unique characteristics of design and function, these large Landmark theaters present extraordinary challenges for ongoing maintenance and operation, and the City desires to support and promote the continued preservation and operation of these Landmark theaters and the downtown neighborhood where they are located; and WHEREAS, changes to the City's Land Use Code to increase the base FAR of lots with large Landmark performing arts theaters will provide additional incentives to support the preservation, promotion and use of these large Landmark theaters, and the continued success of the Downtown Historic Theatre District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Section 23.49.011 of the Seattle Municipal Code, last amended by Ordinance 124172, is amended as follows: 23.49.011 Floor area ratio A. General standards * * * 3. In a DOC1, DOC2, DRC, or DMC zone, for a lot that includes a qualifying Landmark structure with a performing arts theater, the base FAR specified in Table A for 23.49.011 is increased by 4 FAR, or by the amount of FAR between the base and maximum FAR of the zone, whichever is less, provided that the conditions of this subsection 23.49.011.A.3 are met. a. For purposes of this subsection 23.49.011.A.3, a "qualifying Landmark structure with a performing arts theater" is a structure that is a designated Landmark pursuant to Chapter 25.12 and that meets the following: 1) the structure was built before 1930; 2) the structure contains performing arts theater space that has combined seating capacity in one or more venues for at least 800; and 3) the structure is subject to an ordinance granting incentives for and imposing controls on the Landmark structure. b. At the time a qualifying Landmark structure with a performing arts theater uses the additional base FAR, either on the site or through transfer of TDR to another site, the following conditions shall be met: 1) the performing arts theater use established under approved permits, including combined seating capacity in one or more venues for at least 800, shall be ensured by binding covenants between the property owner and the City for at least 40 years from the first use of any of the additional base FAR, either on the site or through the first transfer of any TDR to another site; and 2) the Director, after consulting with the property owner, determines, as a Type I decision, that the property owner has executed a contract(s) with one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances and that the anticipated use of the Landmark theater structure for live theater performances, combined with any other use of the structure, is adequate to contribute sufficiently to the presence of live theater in the Downtown Historic Theatre District established by Resolution 31341 and to support the desired level of activity in the area near the Landmark structure. In making this determination, the Director shall consider the following: a) the extent and duration of the contract(s) between the property owner and one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances; b) the presence of uses in the structure that will contribute to activity in the area beyond the typical workday hours; and c) programmed use of the Landmark structure by other activities during periods when the structure is not in use for live performances; and 3) any use of the additional base FAR on the site complies with all provisions of the designating ordinance and Chapter 25.12. c. If a Landmark structure is on a lot that is not entirely regulated by a designating ordinance, then the area used to calculate the additional base FAR is the area of the footprint of the Landmark structure. d. A lot that uses the additional base FAR on the site as allowed by this subsection 23.49.011.A.3 is not allowed to gain chargeable floor area under subsection 23.49.011.A.2.j. e. If a qualifying Landmark structure with a performing arts theater is on a lot that is not entirely regulated by a designating ordinance, then the additional base FAR may be transferred as TDR to another site, or may be used on the site on the portion of the lot that is within the footprint of the Landmark structure, but shall not be used elsewhere on the lot.
(( * * * Section 2. Section 23.49.013 of the Seattle Municipal Code, last amended by Ordinance 124378, is amended as follows: 23.49.013 Bonus floor area for amenities
A. An applicant may achieve a portion of the chargeable floor area to be established in addition to base FAR through bonuses for amenities, subject to the limits in this (( 1. Public open space amenities, including hillside terraces on sites shown as eligible for bonuses on Map 1J, urban plazas in DOC1, DOC2 and DMC 340/290-400 zones, parcel parks in DOC1, DOC2, DMC, DMR, DH2, and IDM zones, public atria in DOC1, DOC2, DMC 340/290-400, and DMC 85/65-150 zones, green street improvements and green street setbacks on designated green streets; 2. Hillclimb assists or shopping corridors on sites shown as eligible for these respective bonuses on Map 1J; 3. Human services uses as follows: a. Information and referral for support services; b. Health clinics; c. Mental health counseling services; d. Substance abuse prevention and treatment services; e. Consumer credit counseling; f. Day care services for adults; and g. Jobs skills training services; 4. Public restrooms; and
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B. Standards for amenities 1. Location of amenities. Amenities provided by the applicant by performance shall be located on the lot using the bonus, except as follows: a. Green street improvements may be located within an abutting right-of-way subject to applicable Director's rules. b. An open space amenity, other than green street improvements, may be on a lot other than the lot using the bonus, provided that it is within a Downtown zone and all of the following conditions are satisfied: 1) The open space must be open to the general public without charge, must meet the eligibility conditions of the Downtown Amenity Standards, and must be one of the open space features cited in subsection 23.49.013.A.1. 2) The open space must be within 1/4 mile of the lot using the bonus, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4. 3) The open space must have a minimum contiguous area of 5,000 square feet, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4. 4) Departures from standards for the minimum size of off-site open space and maximum distance from the project may be allowed by the Director as a Type I decision if the Director determines that if such departures are approved, the proposed open space will meet the additional need for open space caused by the project, and improve public access to the open space compared to provision of the open space on-site. 5) The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.49.013 shall execute and record an easement or other instrument in a form acceptable to the Director assuring compliance with the requirements of this Section 23.49.013, including applicable conditions of the Downtown Amenity Standards. c. Public restrooms shall be on a ground floor; shall satisfy all codes and accessibility standards; shall be open to the general public during hours that the structure is open to the public, although access may be monitored by a person located at the restroom facility; shall be maintained by the owner of the structure for the life of the structure that includes the bonused space; and shall be designated by signs sufficient so that they are readily located by pedestrians on an abutting street or public open space. The Director is authorized to establish standards for the design, construction, operation and maintenance of public restrooms qualifying for a bonus, consistent with the intent of this subsection 23.49.013.B.1.c to encourage the provision of accessible, clean, safe and environmentally sound facilities. 2. Options for provision of amenities .
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3. Ratios and limits a. Amenities may be used to gain floor area according to the applicable ratios, and subject to the limits in Section 23.49.011 and in Table A for 23.49.013.
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* * * Section 3. Section 23.49.014 of the Seattle Municipal Code, last amended by Ordinance 124378, is amended as follows: 23.49.014 Transfer of development rights * * *
E. TDR ((
F. Projects ((
1. Any project that is developed pursuant to a master use permit issued under the provisions of this (( 2. In addition or in the alternative, such a project may use TDR that are transferred from a sending lot on or after August 26, 2001. 3. The use of TDR by any such project must be consistent with the provisions of Title 23 applicable to the project, including any limits on the range of FAR in which a type of TDR may be used, except that open space TDR may be used by such a project in lieu of any other TDR or any bonus, or both, allowable under such provisions.
G. TDR (( 1. If the conditions to transfer Landmark TDR, as in effect immediately prior to August 26, 2001, were satisfied on or before December 31, 2001, such TDR may be transferred from the sending lot in the amounts eligible for transfer as determined under the provisions of this Title 23 in effect immediately prior to August 26, 2001. If the conditions to transfer housing TDR were satisfied prior to August 26, 2001 , under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot in the amounts eligible for transfer immediately prior to that date. If the conditions to transfer TDR from a major performing arts facility were satisfied prior to August 26, 2001 , under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot after that date, for use on any receiving lots in zones where housing TDR may be used according to Table A for 23.49.014 or as provided in Section 23.50.053, in an amount as determined under subsection 23.49.014.B, provided that the cumulative amount of TDR that may be transferred after June 1, 2005 , from any sending lot based on the presence of a major performing arts facility is limited to 150,000 square feet.
2. For purposes of this subsection 23.49.014.G , conditions to transfer include, without limitations, the execution by the owner of the sending lot, and recording in the King County real property records, of any agreement required by the
provisions of this Title 23 or the Public Benefit Features Rule in effect immediately prior to August 26, 2001, but such conditions do not include any requirement for a master use permit application for a project intending to use TDR, or any action
connected with a receiving lot. TDR transferable under this subsection 23.49.014.G are eligible either for use consistent with the terms of Section 23.49.011 ((
H. Time of ((
I. Use of (( Section 4. The Downtown Amenity Standards are amended as shown on Attachment A to this ordinance to delete reference to the bonus for the restoration and preservation of a Landmark performing arts theater and to update references to the Public Art Advisory Committee. The amended Downtown Amenity Standards shall be filed with the City Clerk in a Clerk File. Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2014. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2014. _________________________________ Edward B. Murray, Mayor Filed by me this ____ day of __________________________, 2014. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) Attachment A: Amendments to Downtown Amenity Standards Dennis Meier DPD Downtown LPAT Incentive ORD September 16, 2014 Version #18 |
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