Form revised: December 14, 2010
FISCAL NOTE FOR NON-CAPITAL PROJECTS
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Department: |
Contact Person/Phone: |
CBO Analyst/Phone: |
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Legislative |
Rebecca Herzfeld/684-8148 |
Not applicable (NA) |
Legislation Title:
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AN ORDINANCE relating to land use and zoning; amending Sections 22.900G.010, 22.900G.015, 23.41.012, 23.47A.012, 23.73.009, 23.73.010, and 23.84A.038, and adding new Sections 23.73.005, 23.73.012, 23.73.014, 23.73.016, 23.73.018, and 23.73.024 to the Seattle Municipal Code, and amending the fee schedules for the Department of Neighborhoods and Office of Housing, in order to designate a Conservation Core area within the Pike/Pine Conservation Overlay District and to establish and administer a transfer of development potential program for the Conservation Overlay District to better preserve and enhance the character of the Pike/Pine neighborhood.
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Summary of the Legislation:
The legislation would establish a Transfer of Development Potential (TDP) program for the Pike/Pine neighborhood to provide additional incentives for maintaining the Pike/Pine neighborhood’s existing stock of “character structures” (defined as buildings that are at least 75 years old), while continuing to protect the area’s special character.
Background:
Project Background
In response to an initiative sponsored by Councilmember Tom Rasmussen, the Department of Planning and Development (DPD) investigated measures that promote the conservation of existing buildings and uses that contribute to the special character of the Pike/Pine Neighborhood. Phase I of the project was completed in June, 2009, with Council adoption of Ordinance 123020. This legislation amended the Pike/Pine Overlay District to expand the overlay area, rename the District to add “Conservation” to its title, and add provisions that limit the scale of new buildings, encourage new projects to retain existing character structures, and provide spaces for arts facilities and for small businesses at street level.
The Council and the Pike/Pine community completed Phase II of the project in September, 2010 with the adoption of Ordinance 123392. This legislation adopted revised Neighborhood Design Guidelines for the Pike/Pine Urban Center Village to better implement conservation goals and to update the text and illustrations to clarify community priorities.
DPD is now proposing the final phase of the Pike/Pine project, which would adopt a TDP program for the Pike/Pine Conservation Overlay District (District).
Please check one of the following:
____ This legislation does not have any financial implications.
__X__ This legislation has financial implications. (Please complete all relevant sections that follow.)
Appropriations:
Not applicable.
Anticipated Revenue/Reimbursement: Resulting from this Legislation:
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Fund Name and Number |
Department |
Revenue Source |
2011 Revenue |
2012 Revenue |
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Department of Neighborhoods |
Fees |
NA |
$500 |
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Office of Housing |
Fees |
NA |
$550 |
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TOTAL |
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Additional staff time may be necessary to review permit applications as a result of the Pike/Pine TDP proposal when compared to review time associated with administering existing Land Use Code requirements. Because only about ten projects are expected to use the proposed Pike/Pine TDP program over the next 20 years, the additional time required is estimated to be no more than ten hours per year, and the impact on DPD is assumed to be offset by permit fees. However, the legislation would add fees to pay for administration of the TDP program by two other departments.
The first new fee would be charged by the Department of Neighborhoods (DON) when a property owner requests a determination of whether a character structure may be added to the list of structures eligible to sell development potential. The fee is $250 per hour, and DON staff estimates that each review would take approximately two hours, or $500. It is difficult to estimate how many property owners will request the review, but it is not likely to be more than one every two years.
The second fee would be charged for review by the Office of Housing (OH) of projects that purchase development potential. Applicants for a land use permit who seeks to obtain extra floor area through other incentive programs are already charged this $500 fee for OH review. If ten projects take advantage of the proposed Pike/Pine TDP program over the next 20 years, the revenue from this fee would equal $550 every two years.
Total Regular Positions Created, Modified, or Abrogated through this Legislation, Including FTE Impact:
Not applicable.
Do positions sunset in the future?
Not applicable.
Spending/Cash Flow:
Not applicable.
What is the financial cost of not implementing the legislation?
No financial costs would result from not implementing the legislation.
Does this legislation affect any departments besides the originating department?
DON and OH staff would be involved in the administration of the proposed TDP program. The fees described in the section above about anticipated revenue would address the cost of their involvement.
What are the possible alternatives to the legislation that could achieve the same or similar objectives?
The proposal is the final phase of a three-part effort to promote the conservation of existing buildings and uses that contribute to the special character of the Pike/Pine Neighborhood. The two previous phases include other incentives for preservation of existing older structures and regulations and guidelines for the design of new buildings that respect the historic character of the area.
A possible further alternative that could help achieve the objectives of the proposal would be to expand the area eligible for TDP receiving sites, so that there would be more options for property owners in Pike/Pine to sell their development potential and preserve existing structures. Another alternative would be to create an historic district in the proposed “Conservation Core” area of Pike/Pine, which contains the greatest concentration of character structures that are identified in the 2002 Department of Neighborhoods (DON) Historic Resources Survey as having potential historic value. Both of these alternatives would require additional analysis of costs and benefits.
Is the legislation subject to public hearing requirements?
A public hearing before the City Council is required for this legislation. The hearing is scheduled on August 15, 2011.
Other Issues:
Not applicable.
List attachments to the fiscal note below:
Not applicable.