Form revised April 10, 2006

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Department of Planning and Development	C. Susan McLain 684-0432	Amanda Allen 684-8894

Legislation Title: An ordinance relating to land use and zoning; amending Seattle Municipal Code Sections 3.06.040, 3.12.020, 23.22.052, 23.22.100, 23.24.035, 23.53.010, 23.53.015, 23.53.020, 23.53.025, 23.53.030, 23.71.008, 23.84.032 and 23.84.036, and adding a new Section 23.53.004 to update references to the Right-of-Way Improvements Manual, and clarify Department Director authority to require street improvements associated with development projects. 

· Summary of the Legislation:

The bill is a necessary follow-up to recent revisions to the Right-of-Way Improvements Manual.  The bill would: 

1) Update the Land Use Code, removing references to “Street Improvement Manual” and replacing them with “Right-of-Way Improvements Manual;”

2) Clarify the relationship between the ROW Improvements Manual and the Land Use Code and acknowledge circumstances when prescriptive requirements may not effectively protect the public’s health safety and welfare; and  

3) Clarify the directors’ authority to adopt interpretive rules.

· Background:

Legal authority for requiring right-of-way improvements associated with development on adjacent property is identified in the Land Use Code.  The Right-of-Way (ROW) Improvements Manual specifies thresholds and design and construction requirements.  The ROW Manual was recently updated.  Subsequently, the directors of the Seattle Department of Transportation and the Seattle Department of Planning and Development signed respective Director’s Rules that formally adopt the two chapters of the Manual that address improvement requirements and design criteria.  The proposed amendments are necessary to properly align the Land Use Code and the new ROW Improvements Manual.

Subsequent legislation in the coming year will include amendments to the Land Use Code that will address the thresholds for right-of-way improvements associated with development on adjacent properties. 

__X_ This legislation does not have any financial implications.

Attachment A:  Director’s Rule and Recommendation