ORDINANCE __________________

AN ORDINANCE relating to land use and zoning, amending Section 23.40.050 of the Seattle Municipal Code, further modifying the Demonstration Program for Innovative Housing Design established by Ordinance 119241 and modified by Ordinances 119368 and 119784, extending the Program by including an additional submittal period.

WHEREAS, the City Council adopted Ordinance 119241 on November 30, 1998, which established the Demonstration Program for Innovative Housing, and the Mayor signed it on December 2, 1998; and

WHEREAS, the City Council adopted Ordinance 119368 on February 8, 1999, which modified the Demonstration Program, and the Mayor signed it on February 16, 1999; and

WHEREAS, the City Council adopted Ordinance 119784 on November 29, 1999, which modified the Demonstration Program, and the Mayor signed it on December 1, 1999; and

WHEREAS, the submittal deadlines included in these ordinances, January 15, 1999, March 15, 1999, July 1, 1999, and June 1, 2000 have all passed, and the selection decisions have been made; and

WHEREAS, a maximum of 32 demonstration projects were allowed by the ordinances, and only 15 demonstration projects have been selected; and

WHEREAS, the purpose of the Demonstration Program is to test a limited number of innovative residential design solutions, using alternative development standards and processes, and these projects are to be evaluated to determine whether and to what extent each of the projects accomplishes the goals of this program, and whether amendments should be made to the City of Seattle Land Use Code to allow these housing types, development standards and processes throughout the city or in certain parts of the city; and

WHEREAS, the small number of projects makes it difficult to evaluate the demonstration program;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. An additional submittal period for the Demonstration Program for Innovative Housing Design will be added as follows: applications are to be submitted by May 18, 2001, and selection decisions will be made by June 16, 2001. The rest of the project selection process and all other provisions of the Program will be as provided in Ordinance 119241, as amended by Ordinance 119368, except that a maximum of two Type B cottage developments may be selected during this submittal period.

Section 2. Subsection B of Section 23.40.050 of the Seattle Municipal Code, which Section was last amended by Ordinance 119784, is further amended as follows:

23.40.050 Demonstration program for innovative housing design.

B. Scope of Authority to Modify Land Use Code Requirements. Demonstration projects shall be selected and reviewed in accordance with the demonstration program for innovative housing design adopted by Ordinance 119241, as modified and amended by Ordinances 119368 , 119784 and ________. Each demonstration project shall comply with all of the requirements of the Land Use Code otherwise applicable to the project, except as specified below:

1. Each demonstration project, including single-family development and redevelopment of existing structures, shall be reviewed through the design review process contained in SMC Chapter 23.41 and in SMC Chapter 23.76. Detached accessory dwelling unit projects selected in Category one of the demonstration program shall use the administrative design review process at SMC Section 23.41.016.

2. A maximum of ten (10) detached accessory dwelling units may be allowed in single-family zones contrary to the requirement in SMC Section 23.44.006 A. For purposes of this section, a "detached accessory dwelling unit" means an additional room or set of rooms that are located within a structure accessory to an owner-occupied singlefamily structure, that is not connected to the principal structure and is designed, arranged, occupied or intended to be occupied by not more than one (1) household as living accommodations independent from any other household. Such units must be developed according to the development standards for accessory structures and accessory dwelling units in single-family zones, Sections 23.44.040 and 23.44.041, except that:

a. Contrary to SMC Section 23.44.041 A4 the accessory dwelling unit may be located in a structure that is detached from the single-family dwelling that is the principal use on the lot; and

b. Additional modifications to the development standards contained in SMC Section 23.44.040 and SMC Section 23.44.041 may be allowed as departures through the design review process under SMC Section 23.41.012; and

c. In addition to the development standard departures allowed in Section 23.41.012, a departure may be allowed for additional height up to a maximum of two (2) stories, in order to accommodate detached accessory dwelling units in a single story unit above a detached garage and other detached accessory dwelling units of a similar height; provided that, no height departure may be granted that would result in a structure that is higher than the maximum allowed for single-family structures in single-family zones other than lots zoned residential small lot.

3. A maximum of ten (10) projects that include cottage housing, tandem housing or small lot single-family development may be allowed in a single-family zone, contrary to the minimum lot area requirements of SMC Section 23.44.010 and other development standards contained in SMC Chapter 23.44. Such development must comply with the residential small lot development standards, SMC Chapter 23.43, except that modifications to the development standards contained in SMC Chapter 23.43 may be allowed as departures through the design review process as follows:

a. A maximum of six (6) of these projects will be designated as Type A projects. For these Type A projects, in addition to the development standard departures allowed under SMC Section 23.41.012, departures may also be allowed for:

(1) Additional height up to a maximum of fifteen (15) percent over the maximum allowed by SMC Section 23.43.012 for cottage housing, by SMC Section 23.43.010 for tandem housing and by SMC Section 23.43.008 for small lot single-family development; provided that, no height departure may be granted that would result in a structure that is higher than the maximum allowed for single-family structures in single-family zones other than lots zoned residential small lot;

(2) The maximum total floor area of each cottage as required by SMC Section 23.43.012D, as long as the maximum amount of total floor area for the entire cottage housing development is not increased.

b. A maximum of four (4) of these projects will be designated as Type B projects. For Type B projects, all of which must be in cottage housing developments, in addition to the development standard departures allowed under SMC Section 23.41.012 and the departures allowed pursuant to SMC Section 23.40.050 B3a for Type A projects, departures may also be allowed:

(1) For increased density beyond that allowed by SMC Section 23.43.012B1 when the additional dwelling units are located above garages in accessory structures in the cottage housing development, and the maximum increase in dwelling unit density allowed by this demonstration project is fifty (50) percent above that allowed by the current density limits contained in SMC Section 23.43.012B1; and

(2) For additional height for accessory structures beyond the twelve (12) feet allowed by SMC Section 23.43.040A3, when the accessory structure contains a garage with above-garage dwelling units, up to a maximum of fifteen (15) percent over the maximum allowed by SMC Section 23.43.012C for principal structures in cottage housing developments; provided that, no height departure may be granted that would result in an accessory structure that is higher than the maximum allowed for single-family structures in single-family zones other than lots zoned residential small lot.

4. A maximum of six (6) multifamily demonstration projects in a multifamily zone or as a part of a mixed-use development project in a commercial zone outside of downtown, may be granted height departures through the design review process, contrary to SMC Chapter 23.41 which, with one (1) exception, does not allow height departures. A height departure of up to fifteen (15) percent over the maximum height limit of the zone, may be allowed as long as:

a. No additional floors are constructed as a result of this additional height;

b. The overall scale of development as viewed from the street front has generally not increased;

c. The structure is compatible with the neighborhood, and with the scale of development allowed in the zone;

d. A height exception under SMC Section 23.47.008 C3 or C4 will not be requested as part of the project; and

e. If private views protected by SMC Section 23.47.008 C4c will be blocked by the demonstration project, no additional height greater than the additional height that could be granted by a height exception under SMC Section 23.47.008 C4c may be granted by a height departure under the demonstration program.

5. A maximum of six (6) residential projects in an existing structure in multifamily or commercial

zones outside of downtown, including mixed-use development, may use the design review process. Development standard departures currently allowed only for new development under SMC Section 23.41.012 may be granted for the redevelopment of these existing structures.

Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 4. Any act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 5. 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 _______________, 2001, and signed by me in open session in authentication of its passage this _____ day of _______________, 2001.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 2001.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of _______________, 2001.

___________________________________

City Clerk

(SEAL)

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