ORDINANCE _________________

AN ORDINANCE relating to land use and zoning, establishing a new Station Area Overlay District, amending general locational criteria for single family zones, expanding an existing pedestrian zoning designation, amending Seattle Municipal Code sections 23.34.010, 23.47A.005, and 23.47A.009, and amending the Official Land Use Map, Chapter 23.32, at pages 43 and 60 to rezone areas within the Roosevelt Residential Urban Village.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Official Land Use Map, Chapter 23.32 of the Seattle Municipal Code, is amended to rezone properties located on page 43 and page 60 of the Official Land Use Map, as shown on Exhibits A and B attached to this Ordinance.

Section 2. Section 23.34.010 of the Seattle Municipal Code, last amended by Ordinance 123495, is amended as follows:

23.34.010 Designation of single-family zones

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B. Areas zoned single-family or RSL that meet the criteria for single-family zoning contained in subsection B of Section 23.34.011 and that are located within the adopted boundaries of an urban village may be rezoned to zones more intense than Single-family 5000 if all of the following conditions are met:

1. A neighborhood plan has designated the area as appropriate for the zone

designation, including specification of the RSL/T, RSL/C, or RSL/TC suffix,

if applicable;

2. The rezone is:

a. To a Residential Small Lot (RSL), Residential Small Lot-Tandem (RSL/T), Residential Small LotCottage (RSL/C), Residential Small Lot-Tandem/Cottage

(RSL/TC), Lowrise 1 (LR1), Lowrise 1/Residential-Commercial (LR1/RC), or

b. Within the areas identified on Map P-1 of the adopted North Beacon Hill Neighborhood Plan, and the rezone is to any Lowrise zone, or to an NC1 zone or NC2 zone with a 30 foot or 40 foot height limit, or

c. Within the residential urban village west of Martin Luther King Junior

Way South in the adopted Rainier Beach Neighborhood Plan, and the rezone is to a Lowrise 1 (LR1) or Lowrise 2 (LR2) zone(( . )) , or

d. Within an urban village and the Comprehensive Plan Future Land Use Map designation is a designation other than Single Family.

* * *

Section 3. Section 23.47A.005 of the Seattle Municipal Code, last amended by Ordinance 123589, is amended as follows:

23.47A.005 Street-level uses

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D. In pedestrian-designated zones the locations of uses are regulated as follows:

1. Along designated principal pedestrian streets, one or more of the following uses are required along 80 percent of the street-level street-facing facade in accordance with the standards provided in subsection 23.47A.008.C.

a. General sales and services;

b. Major durables retail sales;

c. Eating and drinking establishments;

d. Lodging uses;

e. Theaters and spectator sports facilities;

f. Indoor sports and recreation;

g. Medical services;

h. Rail transit facilities;

i. Museum;

j. Community clubs or centers;

k. Religious facility;

l. Library;

m. Elementary or secondary school;

n. Parks and open space.

o. Arts facility in the Pike/Pine Conservation Overlay District;

p. Automotive retail sales and service uses in the Pike/Pine Conservation Overlay District, if located within an existing structure. The establishment of any such use is subject to the applicable use provisions of this title.

2. The following streets are principal pedestrian streets when located within a pedestrian-designated zone:

10th Avenue;

11th Avenue;

12th Avenue;

13th Avenue (between East Madison Street and East Pine Street);

15th Avenue East;

15th Avenue Northwest;

22nd Avenue Northwest;

23rd Avenue;

24th Avenue Northwest;

25th Avenue Northeast;

Beacon Avenue South;

Boren Avenue;

Boylston Avenue;

Broadway;

Broadway East;

California Avenue Southwest;

East Green Lake Drive North;

East Madison Street;

East Olive Way;

East Pike Street;

East Pine Street:

East Union Street;

East Union Street (from Broadway to East Madison Street only);

Eastlake Avenue East;

First Avenue North;

Fremont Avenue North;

Fremont Place North;

Greenwood Avenue North;

Lake City Way Northeast;

Madison Street;

Martin Luther King Jr. Way South;

Mercer Street;

North 45th Street

North 85th Street;

Northeast 43rd Street;

Northeast 45th Street;

Northeast 65th Street;

Northeast 125th Street;

Northwest 85th Street;

Northwest Market Street;

Pike Street;

Pine Street;

Queen Anne Avenue North;

Rainier Avenue South;

Roosevelt Way Northeast;

Roy Street;

South Alaska Street;

South Henderson Street;

South Lander Street;

South McClellan Street;

South Othello Street;

Southwest Alaska Street;

Summit Avenue;

Terry Avenue;

University Way Northeast;

Wallingford Avenue North; and

Woodlawn Avenue Northeast.

Section 4. Section 23.47A.009 of the Seattle Municipal Code, last amended by Ordinance 123790, is amended as follows:

23.47A.009 Standards Applicable to Specific Areas

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(( B )) C . Reserved.

D. Roosevelt Urban Village. The following provisions apply within the area shown on Map A for SMC 23.47A.009.

Map A for SMC 23.47A.009

1. Setback Requirements.

a. The following setbacks are required from the listed street property lines:

1) Northeast 66th Street. An average ground level setback of 10 feet along the length of the street property line and a minimum upper level setback of 4 feet. The minimum upper level setback shall be provided in addition to the required ground level setback at all points along the length of the street property line at 45 feet of height and above, as measured from finished grade.

2) Brooklyn Avenue Northeast. An average ground level setback of 5 feet along the length of the street property line and a minimum upper level setback of 4 feet. The minimum upper level setback shall be provided in addition to the required ground level setback at all points along the length of the street property line at 45 feet of height and above, as measured from finished grade.

3) 14th Avenue Northeast. An average ground level setback of 15 feet and a minimum ground level setback of 5 feet along the length of the street property line and a minimum upper level setback of 3 feet. The minimum upper level setback shall be provided in addition to the required ground level setback at all points along the length of the street property line at 45 feet of height and above, as measured from finished grade.

4) 15th Avenue Northeast. A minimum ground level setback of 5 feet along the length of the street property line and an average upper level setback of 7 feet. The average upper level setback shall be provided in addition to the required ground level setback at all points along the length of the street property line at 45 feet of height and above, as measured from finished grade.

5) Northeast 65th Street and 12th Avenue Northeast. An average ground level setback of 8 feet shall be provided, and the setback may include pedestrian access and circulation.

b. Structures permitted in required setbacks are:

1) Decks with open railings may project up to 5 feet into the required setback area if they are no lower than 20 feet above existing or finished grade. Decks may cover no more than 20 percent of the total setback area.

2) Stoops or porches providing direct access to individual housing units may project up to 5 feet into the required ground level setback area, except that portions of stoops or porches not more than 2.5 feet in height from existing or finished grade, whichever is lower, may extend to a street lot line. The 2.5 foot height limit for stoops or porches does not apply to guard rails or hand rails. Such stoops or porches shall cover no more than 20 percent of the total ground level setback area.

3) Eaves, cornices, fireplaces, chimneys, and gutters may project no more than 18 inches from the structure facade.

4) Ramps or other devices necessary for access for the disabled and elderly that meet Seattle Building Code, Chapter 11.

5) Fences no greater than 4 feet in height are permitted in the required ground level setback, and up to 2 feet of additional height for architectural features such as arbors or trellises on the top of a fence is permitted. Fence height may be averaged along sloping grades for each 4 foot long segment of the fence, but in no case may any portion of the fence exceed 6 feet in height.

6) Underground structures.

c. Where required setbacks may be averaged, measurement shall be per SMC 23.86.012.A and the following:

1) Where a building is setback more than 30 feet from a lot line at ground level, 30 feet shall be used as the ground level setback amount for averaging purposes.

2) Where averaging is allowed for a required upper level setback, the measurement shall be taken horizontally from points directly above the lot line to the facade of the structure at the height where the upper level setback is required.

2. Landscaping. Required ground level setbacks shall be landscaped, and may include paving and lighting to enhance pedestrian safety and comfort. Sidewalks, plazas, and other amenities or landscaped areas approved by the Department of Planning and Development are permitted in required ground level setbacks.

3. Limit on Commercial Uses. Commercial uses are prohibited within 80 feet of the street property line of Northeast 66th Street, except within 50 feet of the intersections of Northeast 66th Street with Brooklyn Avenue Northeast, 14th Avenue Northeast, 12th Avenue Northeast, and 15th Avenue Northeast, as shown on Map A for 23.47A.009.

4. Housing units on the ground floor. All housing units with a facade that faces Northeast 66th Street with no intervening housing units or commercial uses between the housing unit and the Northeast 66th Street lot line, and located on the first floor of a building, shall have the primary pedestrian entrance to each housing unit directly accessible from the exterior of the structure rather than a primary pedestrian entry through a common entrance hallway.

5. Underground Parking. Parking shall be located below grade, except a portion of a below-grade garage may extend up to 4 feet above existing or finished grade, whichever is lower, provided that the parking that extends above grade is fully screened from direct street view by the street-facing facade of the structure or by landscaping.

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 ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments: Exhibit A -Roosevelt Legislative Rezone Area Map

Exhibit B -Roosevelt Station Overlay District Map

Sara Belz/Geoffrey Wentlandt LEG Roosevelt Legislative Rezone ORD January 27, 2012 Version #5

Exhibit A -Roosevelt Legislative Rezone Area Map

Exhibit B -Roosevelt Station Overlay District Map