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Legislative Department Date: November 14, 2007 To: Councilmember Peter Steinbrueck, Chair From: Michael Jenkins, Council Central Staff Subject: Council Bill (CB) 116066, amending portions of the Land Use Code to add an additional exemption to the rezone criteria for single-family zones and to expand provisions allowing for contract rezones in the Northgate Overlay District CB 116066 proposes changes to Seattle Municipal Code (SMC) 23.34 that would modify criteria for rezoning of single family lots. The amendments would allow single family (SF) zoned lots in the Northgate Overlay District to be eligible for rezoning to a commercial zone, through the contract rezone process (also outlined in 23.34), under certain conditions. Eligible sites would need to be located on blocks where a minimum of 80% of the parcels are zoned neighborhood commercial (NC). The definition of block would, for this legislation only, be defined as ‘areas bounded by street lot lines’. This definition is most similar to the definition of block for Downtown zones. A block outside of Downtown zones are defined as ‘two (2) facing block fronts…bounded on two (2) sides by alleys or rear property lines and on two (2) sides by the centerline of platted streets’. Attachment A to this memorandum are graphics that illustrate the two current definitions. The Director’s Report from the Department of Planning and Development (DPD) includes data on the likely number of locations that could be considered as a rezone under the legislation. It appears that only one block, as defined in this legislation, could qualify for review of a contract rezone to change the existing SF zone designation. The block in question is bounded by 15th Ave NE to the west, 16th Ave NE to the east, N.E. 123rd Street to the south and N.E. 125th Street to the north and contains 3 SF zoned lots. The remaining lots on the block are all zoned NC. The SF zoned parcels total approximately 14% of the block with the remaining 86% zoned NC3. Attachment B is from the Director’s Report and illustrates these conditions. The proposed changes would revise existing language in SMC 23.34.010B, Designation of single-family zones. SMC 23.34.072B would also be amended to support the proposed language, as this code section provides general references for designating commercial zones. The site has been the subject of potential redevelopment interest for several years, first in the neighborhood planning process and most recently as a subject of a potential contract rezone. Since 1965, the predominate use of the site has been as a grocery store. In August 1993, the site was rezoned (Ordinance 116794) from a General Commercial zone designation (C1) to its current Neighborhood Commercial (NC) designation. The rezone was part of a series of actions to implement provisions of the Northgate Area Comprehensive Plan (NACP). The existing 40 foot height limit for the zone was not altered in that legislation. Background: 1. Comprehensive Plan goals and policies. NG-P7 states: Reduce conflicts between activities and promote a compatible relationship between different scales of development by maintaining a transition between zones where significantly different intensities of development are allowed. NG-P8 states: Maintain the character and integrity of the existing single-family zones areas by maintaining current single family-zoning on properties meeting the locational criteria for SF zones. As reflected in Attachment C, the block is within the larger planning area but not within the Urban Center. The subject block, as defined in this legislation, was also identified in the NACP as a location where transitions between zones are implemented through additional setbacks. Any potential contract rezone would shift this transition from its existing location to the right of way. The 40 foot right of way width would allow for separation of commercial uses and their related impacts from the adjacent SF zones. As the proposal would allow for rezoning of select lots within the block, it is unlikely that the character and integrity of the extensive SF zoned areas surrounding the site would be compromised. 2. Rezone and development history In 1999, an application was submitted to DPD requesting approval of a contract rezone to change the SF zoned lots affected by this proposed legislation from their existing SF 5000 designation to a NC2 designation with a 30 foot height limit (Council File 303523). Both DPD and the Hearing Examiner (HE) recommended denial of that request. Following a review by Council committee, including requests to supplement the record with additional information, the request was withdrawn by Safeway. The current legislation addresses the issues raised in the DPD and HE recommendations to deny the project in two distinct ways. By changing the definition of the term ‘block’, it reduces the effect that the facing single family zoned sites across 16th Ave NE have in determining the appropriate zoning for the site, as that block face is all SF zoned property. As the legislation is also focused to blocks that are zoned at least 80% neighborhood commercial, its applicability to other locations is unlikely and relates to the block in question. It is important to note that the proposed language would not allow for a contract rezone to be approved; it would only allow further consideration of a request to rezone. General and specific criteria applicable to both the designation and characteristics of single family zoned parcels would still be evaluated to determine whether the land in question better meets the criteria of commercially zoned property than its current designation. Recommendation Staff recommends approval of the proposed legislation with a minor revision. Recently adopted revisions to SMC Chapter 23.76 clarified the distinction between quasi-judicial and legislative rezones. To clearly define the scope of this legislation as well as to reinforce the distinctions between types of rezones, staff recommends the following amendment to SMC 23.34.010C, as shown below: C. Areas zoned single-family within the Northgate Overlay District, established pursuant to Chapter 23.71, that consist of one or more lots and meet the criteria for single-family zoning contained in subsection B of Section 23.34.011 may be rezoned through a contract rezone to a neighborhood commercial zone if the rezone is limited to blocks (defined for the purpose of this subsection C as areas bounded by street lot lines) in which more than 80% of that (the) block is already designated as a neighborhood commercial zone. Staff also recommends a minor amendment to 23.34.072B, to further narrow the scope of applicable sites to neighborhood commercial zones only, as follows: B. Areas meeting the locational criteria for a single-family designation may be designated as certain neighborhood commercial zones ((NC1 30(/L1, NC2 30(/L1 or NC3 30(/L1 only)) as provided in Section 23.34.010 (B). Unfortunately the sidewalks on 115th or 125th between Roosevelt and 5th NE are not yet in the cards. The Neighborhood Street Fund – Large Project Review Team decisions were announced today. Only one project is able to be funded in the North District: a sidewalk to Sacajawea Elementary School on 20th Ave NE from 98th to the school. The following is from Jack Schwab passing on information on the decision: North District Council, The Neighborhood Street Fund – Large Project Review Team, for which I was the North District representative, has completed our work. Today, the Mayor distributed a press release announcing our selections. You can see the press release at: http://www.cityofseattle.net/news/detail.asp?ID=7895&dept=40 There were MANY good projects proposed. Unfortunately, the money allocated was not sufficient to do any truly large projects (e.g. sidewalks for more than a couple blocks) and not more than 1 per sector in the North. The Sacajawea project is estimated to cost $350,000. This is from Lorna: Hi Pinehursters, Below is a link to a survey for the Pinehurst Shelter House. It is the first step in the redesign of the well-loved Shelter at Pinehurst Playfield. It was a residential basement in the 1940s that the neighbors turned into a community club when it was still King County Park 28. The neighbors also upgraded the shelter in 1970. Here we are in 2007 and it needs our help to make it a comfortable, cozy home for Pinehurst. I encourage you all to fill in the survey so our design architects have a chance to provide us with a good display at a our first design meeting we hope to have at the end of November. Here is the link for the online survey. We ask that you make one response per household. Here are some recent photos of the Shelter House: Here is the text of the DPD Director’s Report and Recommendation regarding the proposed ordinance that would allow Safeway to apply for a rezone in order to build a new “green” Pinehurst store. The proposed amendment would also update an existing cross-reference to the single family rezone criteria to ensure the cross-reference does not inadvertently interfere with the intended meaning of the existing code or this amendment. II. Background Except in limited circumstances, single family zoned areas may not be rezoned if 70% or more of the existing structures along two facing block fronts are in single family residential use. In the Land Use Code, outside of downtown, blocks are generally defined as two facing block fronts abutting the same street. Only downtown is a block defined as an area bounded by street lots lines. While the code acknowledges that circumstances exist in which single family residences may not be the dominant land use on a block, it does not anticipate every possible circumstance. Such a circumstance has come to the City’s attention in the Pinehurst neighborhood in the Northgate area. In Pinehurst the community has identified a situation in which the majority of a block is zoned and used commercially, but due to the rules of how structures are to be counted and how blocks are defined, the remainder of the block must remain in single family zoning, precluding redevelopment of the site. DPD believes that there is ample and compelling evidence that allowing consideration of a rezone is warranted in such circumstances. The proposed amendment was prompted by a proposal in the area bordered by 15th Avenue NE, 16th Avenue NE, NE 123rd Street, and NE 125th Street. A map of this area is attached as Appendix A. This block, as defined by the area bounded by street lot lines, currently is occupied by a supermarket, two smaller commercial buildings, and three single family homes. The entire block is in one ownership. More than 80% of the block is zoned NC3-40’, however the three lots containing the three remaining single family structures in the southeast corner of the block are zoned single family. The supermarket has explored the possibility of expanding the existing store to better serve the surrounding neighborhood. As envisioned, the expansion would be permitted consistent with the Neighborhood Commercial 3 (NC3) zone that exists in the substantial majority of the block; however, because a portion of the lot is zoned single family and presently does not qualify for a rezone under the existing code criteria, the expansion of the store as envisioned by the owner and the neighborhood is not permitted. As a result, a continuation of existing conditions would mean the maintenance of a business that is inadequate to meet community needs, and the remaining single family structures would continue to be negatively impacted by surrounding commercial activity. Given the demonstration of significant community support for the proposed expansion of the supermarket, the applicant and community recommended measures by which the rezone criteria could be applied to a block that was zoned for commercial use, but retained a small area zoned single family that precluded desirable development of the remainder of the block. Because of the unique circumstances of the block in question, the amendment was limited in scope to the Northgate Overlay District. Consideration of extending the proposal to other similarly situated circumstances elsewhere in the city would require additional analysis and communication with affected neighborhoods. III. Analysis DPD finds that the proposed amendment achieves flexibility in accommodating commercial uses where commercial use is already the dominant characteristic of the block (defined as an area bounded by street lot lines). Commercial or mixed-use developments can benefit significantly from a full block configuration allowing site plans to accommodate open space and other features, in addition to parking and structures, that can better integrate a development with a surrounding neighborhood. These land uses often require multiple entrances for deliveries, parking, and pedestrian entrances that may be difficult to accommodate on split-zoned blocks that limit potential configurations. The proposed amendment would allow a rezone in such circumstances only by contract, where a property use and development agreement that would accompany a contract rezone approval would allow the City and applicant to agree upon mitigation of any potential impacts on surrounding properties. As the rezone criteria are limited to blocks that are already commercial in character, the potential rezone would not result in significant erosion of single family areas. Small islands of single family homes surrounded by commercial property generally do not present an ideal buffer between single family and commercial areas. These areas are likely to be significantly devalued and community interest may be better served by consistent zoning throughout a block. The proposed amendment would also have very limited applicability. In assessing the impact of this amendment, it was determined that under existing conditions the property bounded by 15th Avenue NE, 16th Avenue NE, NE 123rd Street, and NE 125th Street is the only property that could potentially qualify for a rezone under this criteria within the Northgate Overlay District. The limited applicability of this amendment demonstrates that the circumstances considered address very particular conditions that warrant consideration under the City’s Single Family rezone criteria, for which there is ample community support. IV. Recommendation The proposed amendments will promote the public interest by allowing the City to consider rezones in limited circumstances that may benefit the community by accommodating commercial or mixed uses that benefit from full block configurations when commercial use is already the dominant land use on the block. DPD recommends approval of the proposed amendments. The Seattle Parks Foundation has a vision of possible park and trail connections throughout Seattle. One item suggested is a trail around the Jackson Park Golf Course. What do you think about this? Would you use it if it were there? http://www.seattleparksfoundation.org/project_BandsOfGreen.html Jackson Boulevard would begin at Pacific Boulevard on the University campus, cross Ravenna Park via the existing art deco bridge, and pass alongside Roosevelt High School and the city reservoir. It should be noted that the City has begun an initiative to lid its reservoirs, for the dual purpose of protecting water quality and expanding the park system. In light of the shortage of multipurpose parks in North Central Seattle, we suggest this reservoir be covered to create needed park land. From this point, Jackson Boulevard would continue north across Thornton Creek to 125th Street. There the Boulevard would turn three blocks west to 10th Avenue, the main entry to Jackson Park. Michelle Chen from the Mayor’s Office will be presenting information on the proposed Northgate Legislative Upzone at the Wednesday, November 7th North District Council Meeting. The City is proposing to upzone a number of lots between Roosevelt and Meridian along Northgate Way. In some places, the upzone would go farther north than Northgate Way and as far north as 115th. This proposal would impact zoning for a number of lots in Pinehurst. The North District Council Meeting will be Wednesday, November 7th at 7 PM at the Lake City Library Conference Room. The meeting is open to the public and all are welcome. Lake City Branch Also, go here for more information on the Northgate Upzone Proposal. Jonah Spangenthal-Lee was dead on right about neighborhood reaction to certain development. He sees that many Seattleites support density. They just don’t want to live in neighborhoods that are poorly planned and with cheap, ugly and poorly constructed buildings. Some developers, like Dunn & Hobbes and Pryde & Johnson, have worked to build projects which mesh with the neighborhoods they’re in—building aesthetically pleasing, “sustainable” projects—but other developers are quick to throw up dozens of townhomes as quickly and cheaply as possible. “What I see happening is we’re losing landscaped yards and planting strips; we’re having fences or concrete walls built right up to the sidewalk. [It’s] sterile and bleak.” Rasmussen points to a string of boxy, cheap-looking townhome developments along North 85th Street near the Aurora corridor as an example of development gone wild. Rasmussen says he’s continually been told that good design isn’t cost-effective. “Does good design always cost more money?” Rasmussen asks. “Can’t we be more thoughtful and careful [in the design process]?” Rasmussen says he’d be willing to take a look at revising the city’s land-use code in order to put tighter regulations on development. Check out the Smart Neighbors blog for some good research, links and current news on Seattle development issues. It is also well written and funny. We are still listening to hear what neighborhood concerns are. What we have heard so far is: Pinehurst Community Building Sustainable Development Walkability Townhouses Reenergize the business district |
 
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