FINDINGS, CONCLUSIONS AND DECISION OF THE CITY COUNCIL OF THE CITY OF SEATTLE

In the matter of the Petition of ) C.F. 307757 DPD Project 3003866

INTER*IM COMMUNITY DEVELOPMENT ASSOCIATION )

To rezone property from Lowrise 2 ) (L2) to Lowrise 4 (L4) )

FINDINGS, CONCLUSIONS AND DECISION

Introduction

This matter involves the petition of Inter*Im Community Development Association, a Washington non-profit corporation (the "Proponent") to rezone approximately 34,366 square feet of land located at 3908 South Kenyon Street (the "Property") from Lowrise 2 (L2) multifamily residential to Lowrise 4 (L4) multifamily residential. The Property is located immediately south of Holly Park Phase III within the MLK at Holly Street residential urban village. The Proponent is seeking the rezone for future construction of approximately 40 rental units affordable to low-income households. The proposed rezone would be subject to a Property Use and Development Agreement ("PUDA") limiting development on the site.

On April 3, 2006 the Director of the Department of Planning and Development ("DPD") recommended conditional approval of the proposed contract rezone. On May12, 2006, the Hearing Examiner also recommended conditional approval of the proposed rezone.

The matter came before the City Council's Urban Development and Planning (UDP) Committee on June 26, 2006. At that meeting, the UDP Committee determined that the record established by the Hearing Examiner was sufficient for a Council decision. On August 4, 2006, the Committee took up the matter again at a special meeting of the UDP Committee. On that date, the UDP Committee recommended to the full City Council that the proposed contract rezone be conditionally approved.

Findings of Fact and Conclusions

The Council hereby adopts the Hearing Examiner's Findings of Fact, Conclusions and Recommendations as stated in the Findings and Recommendation of the Hearing Examiner dated May 12, 2006.

Decision

The Council hereby APPROVES a rezone of the property to L4 subject to the following conditions.

The applicant shall execute a property use and development agreement that includes the following conditions:

1. Development at the site shall be rented and/or sold only to households earning no more than 80% of the area median income;

2. Development under the L4 standards at the site shall be subject to design review through the neighborhood design review process provided by SMC chapter 23.41;

3. Development at the site shall be accompanied by full street improvements as required by the Seattle Right-of-Way Improvement Manual and Chapter 23.53 of the Seattle Municipal Code; and

4. Any future development on the site is limited to a L3 density.

Dated this __________ day of _________________________, 2006. _______________________________ City Council President

v.1 t