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AN OPMENANCE, ,o landu-~c and zoning' 23.76 .004, 23.76.~ ),06, 23. 4, 84.0 o, and 23. S4.G;3 8 of the SL,,~ !'~Ie al' cipal Codc 'o ~~Ijt I- ~~t f4jCjlj'~CS 1, sunp t n a,., Or LL ",or --rocc-"s t re,71- o-,ocartion o.C+h~~ Lint',-, 140,,t raii svsen-i.

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Page 1: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

AN OPMENANCE, ,o landu-~c and zoning' 23.76 .004,

23.76.~ ),06, 23. 4, 84.0 o, and 23. S4.G;3 8 of the SL,,~ !'~Ie al' cipal Codc 'o

~~Ijt I- ~~t f4jCjlj'~CS 1, sunp t na,.,

Or LL",or --rocc-"s t re,71-

o-,ocartion o.C+h~~ Lint',-, 140,,t raii svsen-i.

Page 2: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,
Page 3: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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OL 01ORDINANCE 11-7 7LJ

2

AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004,

23.76.006, 23,80.004, 23.84.010, and 23.84.03 8 of the Seattle Municipal Code to

provide for a process to permit light rail transit facilities necessary to support the

operation of the Link light rail system.

WHEREAS, in 1996, pursuant to state law, the Central Puget Sound Regional Transit

Authority (known as "So-und Transif') proposed, and Central Puget Sound voters

approved, financing for a ten year regional transit system plan known as Sound

Move; and

WHEREAS, Sound Move includes the Link electric light rail line connecting the cities of

SeaTac, Tukwila and Seattle, which will provide numerous benefits to Seattle's

residents, workers, and visitors, and which will help the City meet its

Comprehensive Plan goals for dense, mixed use urban centers and urban villages

connected by high-quality public transit; and

WHEREAS, on November 18, 1999, the Sound Transit Board of Directors, of which two

City of Seattle elected officials are members, approved the light rail alignment,

station locations, and maintenance base location in the city; and

WHEREAS, the City Council and Mayor have committed to work cooperatively with

Sound Transit to ensure that the light rail system gets built cost effectively, and

that it is sensitive to the needs and interests of the citizens of Seattle; and

WHEREAS, Sound Transit will apply to the City of Seattle for permits for componentsof the light rail system, both within and outside of public rights of way, for

permanent uses and facilities; and

WHEREAS, currently, the City's Land Use Code (SMC Title 23) does not include an

applicable category of use or facility that encompasses the uses and facilities

needed to operate and maintain the light rail system; and

WHEREAS, the City Council wants to add such a category of use or facility to the LandUse Code to accommodate Sound Transit's Link light rail system;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE ASFOLLOWS:

Section 1. Exhibit 23.76.004 A of Section 23.76.004 of the Seattle Municipal

Code, which Section was last amended by Ordinance 119618, is amended as follows:

I

Page 4: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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Exhibit 23.76.004 ALand Use Decision Framework

DIRECTOR'S AND HEARING EXAMINER'SDECISIONS REQUIRING MASTER USE PERMITS

TYPE I

Director's Decision

(No Administrative Appeal)

I

Type 11

Director's Decision

(Appealable to

Hearing Examiner*)

Type HI

Hearing Examiner's Decision

(No Administrative Appeal)

Compliance with development Temporary uses, more than four Subdivisions (preliminary

standards weeks plats)

" Uses permitted outright Variances

"Temporary uses, four weeks or less Administrative conditional uses

" Certain street uses Shoreline decisions (*appealable

to Shorelines Hearings Board

" Lot boundary adjustments along with all related

environmental appeals)

" Modifications of features bonused Short subdivisions

under Title 24

"Determinations of significance Special Exceptions

(EIS required) except for

determinations of significance based 0Design review

solely on historic and cultural

preservation

"Temporary uses, twelve months or Northgate General Development

less, for relocation of police and fire Plan

protection

"Exemptions from right-of-way Light rail transit facilities

improvement requirements

Special accommodation The following environmental

determinations:

Reasonable accommodation

Minor amendment to a MajorI Determination of

Phased Development Permit nonsignificance (EIS not

required)

2. Determination of final EIS

adequacy

3. Determinations of

significance based solely on

historic and cultural

preservation

4. A decision by the Director to

approve, condition or deny a

project based on SEPA

Policies

5. A decision by the Director

that a project is consistent

with a Planned Action

Ordinance and EIS (no

threshold determination or

EIS required)

0 Major Phased Development

Page 5: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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COUNCIL LAND USE DECISIONS

TYPE IV

(quasi judicial)

TYPE V(legislative)

" Land use map amendments (rezones) 0 Land Use Code text amendments

" Public project approvals 0 Rezones to implement new City Policies

" Major Institution master plans 0 Concept approval for City facilities

" Council conditional uses 0 Major Institution designations

" Downtown planned community developments * Waive or modify development standards for City

facilities

0 Planned Action Ordinance

Section 2. Subsection C of Section 23.76.006 of the Seattle Municipal Code,

which Section was last amended by Ordinance 119904 (Council Bill 113100), is

amended as follows:

23.76.006 Master Use Permits required.

C. The following are Type 11 decisions:

1. The following procedural environrnental decisions for Master UsePermits and for building, demolition, grading and other construction permits are subject

to appeal to the Hearing Examiner and are not subject to further appeal to the City

Council (supplemental procedures for environmental review are established in SMCChapter 25.05, Environmental Policies and Procedures):

mitigated DNSs,-

(EIS) is adequate; and

cultural preservation.

a.

b.

C.

Determinations of Non-significance (DNSs), including

Determination that a final environmental impact statement

Determination of Significance based solely on historic and

2. The following decisions, including any integrated decisions to

approve, condition or deny based on SEPA policies, are subject to appeal to the Hearing

Examiner (except shoreline decisions and related environmental determinations which

are appealable to the Shoreline Hearings Board):

a. Establishment or change of use for temporary uses more

than four (4) weeks not otherwise permitted in the zone or not meeting development

standards, including the establishment of temporary uses and facilities to construct a

light rail transit system for so long as is necessary to construct the system as provided in

Section 23.42.040E, and excepting the temporary relocation of police and fire stations for

twelve (12) months or less;

3

Page 6: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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b. Short subdivisions;

C. Variances; provided that, variances sought as part of a Type

IV decision may be granted by the Council pursuant to Section 23.76.036;

d. Special exceptions; provided that, special exceptions

sought as part of a Type IV decision may be granted by the Council pursuant to Section

23.76.036;

e. Design review;

f. Administrative conditional uses; provided that,

administrative conditional uses sought as part of a Type IV decision may be approved bythe Council pursuant to Section 23.76. 036;

9- The following shoreline decisions (supplemental

procedures for shoreline decisions are established in Chapter 23.60):

(1)

(2)

(3)

Shoreline substantial development permits,

Shorelines variances,

Shorelines conditional uses;

h. Northgate General Development Plan;

i. Major Phased Development; ((aRd))

j. Determination of project consistency with a planned action

ordinance and EIS-((-., ))and

k. Establishment of light rail transit facilities necessary to

operate and maintain a light rail transit system, in accordance with the provisions of

Section 23.80.004.

Section 3. Section 23.80.004 of the Seattle Municipal Code, as added by

Ordinance 11743 0, is amended to add a new subsection C as follows:

23.80.004 Review criteria.

A. In reviewing an application for a proposed essential public facility, the

decisionmaker shall consider the following:

I. Interjurisdictional Analysis. A review to determine the extent to

which an interjurisdictional approach may be appropriate, including consideration of

possible alternative sites for the facility in other jurisdictions and an analysis of the extent

to which the proposed facility is of a county-wide, regional or state-wide nature, and

whether uniformity among jurisdictions should be considered.

4

Page 7: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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2. Financial Analysis. A review to determine if the financial

impact upon the City of Seattle can be reduced or avoided by intergoverm-nental

agreement.

3. Special Purpose Districts. When the public facility is being

proposed by a special purpose district, the City should consider the facility in the context

of the district's overall plan and the extent to which the plan and facility are consistent

with the((i*)) Comprehensive Plan.

4. Measures to Facilitate Siting. The factors that make a particular

facility difficult to site should be considered when a facility is proposed, and measures

should be taken to facilitate siting of the facility in light of those factors (such as the

availability of land, access to transportation, compatibility with neighboring uses, and the

impact on the physical environment).

B.

If the decisionmaker determines that attaching conditions to the permit

approval will facilitate project siting in light of the considerations identified above, the

decisionmaker may establish conditions for the project for that purpose.

C. Light rail transit facilities.

.1. Light rail transit facilities necessga to Mport the operation and

maintenance of a light rail transit Ustem are permitted in all zones within the Cily o

Seattle.

2. The Director mqy ~Lpprove a li&trail transit facility pursuant to

Chgpter 23.76, Master Use Permits and Council Land Use Decisions only if the

alignment, transit station locations, and maintenance base location of the light rail transit

system have been qpproved by the Cily Council by ordinance or resolution.

3. When qpproving light rail transit facilities, the Director mgyiMpose reasonable conditions in order to lessen identified impacts on surroundiLig

properties. A Master Use Pern.iil is no- reg~ Ljr~LffqLthe installation of tracks, below-

grade facilities, minor alteration of 11.~-,ht rail transit facitities involving no material

g.x ans; on or change of use. and other minor new construction that, in the determination

of the Director, is not likely to have signiflcant adverse impacts on surrounding

properties.

4. When qpproving light rail transit facilities, the Director mqYiMpose conditions to ensure consistency with the Seattle Design Guidelines for Link

Light Rail to be developed by the Cily and Sound Transit.

5. A master use permit for light rail transit facilities shall not be

issued until the Director has received satisfactory evidence that the applicant has obtained

sufficient funding (which might include a Full Funding Grant Agreement with a federal

agency) to coWlete the work described in the master use permit gpplication.

Page 8: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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Section 4. Section 23.84.010 of the Seattle Municipal Code, as last amended

by Ordinance 119096, is amended by adding the following new definitional subsection:

23.84.010 "E"

"Essential Public Facilities" means airports, sewage treatment plants, jails, light

rail tr~~nqk§ystems., and power plants.

Section 5. Section 23.84.038 of the Seattle Municipal Code, as last amended

by Ordinance 1192 39, is amended to modify existing definitional subsections and add the

following new definitional subsection:

23.84.038 "T"

"Transit station, light rail" means a light rail transit facilily whether at grade, above grade

or below grade that provides pedestrian accel~lls__tq light -rail transit vehicles and facilitates

transfer from light rail to other modes of traiisportatio .

A light rail transit st~jtion mayinc'ude ineclizaiical devices such ~is -IeN,,atoi~s acid escalators to move passengers and mgyalso include sucli pgssem,-er arnenitles as informational signage, seating, weather

-------_-------------- - ----- - ----- - -------------- - ----- - --- ___-___

proteedon, fountains, artwork, or coiiee.,ssions.

"Transit station access easement" means ((ap4lie beffe& featufe eansisting at)) an

easement for'

a pedestrian route or connection to provide direct access from street level to

transit tunnel stations and concourses and/or light rail transit facilities.

"Transit station access, grade-level" means a ((p4lie b@ROAA VVA_RSi84Rg 4 a))

pedestrian connection which provides direct access from street level to transit tunnel

stations or c.

oncourses and/or light rail transit facilities, at approximately the same level

as the station mezzanine.

"Transit station access, mechanical" means a ((p4lie eaffsisti+Ig 8~ a))

pedestrian connection that incorporates a mechanical device, such as an escalator, to

provide direct access from street level to transit tunnel stations and concourses and/or

light rail transit facilities.

"Transportation facilities" means one (1) of the following commercial uses:

I.

"Airport, land-basa' means a transportation facility used for the takeoff

and landing of airplanes,

2. "Airport, water-based" means a transportation facility used exclusively by

aircraft which take off and land directly on the water.

6

Page 9: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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3. "Cargo terminal" means a transportation facility in which quantities of

goods or container cargo are, without undergoing any manufacturing processes,

transferred to other carriers or stored outdoors in order to transfer them to other locations.

Cargo terminals may include accessory warehouses, railroad yards, storage yards, and

offices.

4. "Heliport" means a transportation facility in which an area on a roof or on

the ground is used for the takeoff and landing of helicopters or other steep-gradient

aircraft, and one (1) or more of the following services are provided: cargo facilities,

maintenance and overhaul, fueling service, tie-down space, hangars, and other accessory

buildings and open spaces.

5. "Helistop" means a transportation facility in which an area on a roof or on

the ground is used for the takeoff and landing of helicopters or other steep-gradient

aircraft, but not including fueling service, hangars, maintenance, overhaul or tie-down

space for more than one (1) aircraft.

6. "Passenger terminal" means a transportation facility located on a sea or

land transportation line, where people transfer from one (1) mode of vehicular

transportation to another or between carriers within the same mode. Such carriers shall

have regularly scheduled routes, and may include vans, trains, ships, tour buses or boats,

or other types of transportation. Passenger terminals may include ticket counters, waiting

areas, management offices, baggage handling facilities, and shops and restaurants. Metro

street bus stops and light rail transit stations are not included in this definition.

7. "Personal transportation services" means a transportation facility in which

either emergency transportation to hospitals, or general transportation by car, van or

limousine for a fee is provided. Such uses generally include dispatching offices and

facilities for vehicle storage and maintenance.

8. "Railroad switchyard" means a transportation facility in which:

a. Rail cars and engines are service and repaired; and

b. Rail cars and engines are transferred between tracks and coupled to

provide a new train configuration.

9. "Railroad switchyard with a mechanized hump" means a railroad

switchyard which includes a mechanized classification system operating over an incline.

Page 10: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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10. "Transit vehicle base" means a transportation facility in which a fleet of

buses ((or- li& r-ail is stored, maintained, and repaired.

(See also "Fleet vehicles.")

Section 6. Any act made consistent with the authority and prior to the

effective date of this ordinance is hereby ratified and confirmed.

Section 7. The provisions of this ordinance are declared to be separate and

severable. The invalidity of any particular provisions shall not affect the validity of anyother provision.

Section 8. 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 Mayorwithin ten (10) days after presentation, it shall take effect as provided by Municipal CodeSection 1.04.020.

Passed by the City Council the j ,2000, and signed--2,X~Iday of ':TAn-,o-

by me in open session in authentication of its passage this i nAdday of

2000.

Approved by me this 4day of

Filed by me this Mtay of -1

(SEAL)

Presid6t of the City Quncil

~2000

8

Page 11: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

City of Seattle

PaUll Schell, May,)r

Department of Construction and Land Use

R. F Krochalis, Director

MEMORANDUM

To: Margaret Pageler, Council President

Via Margaret Klockars, Law Department

Subject: Sound Transit Permanent Facilities Ordinance

From: Rick Krochalis, Director/fffl.Z)log,

Date: April 10, 2000

The attached ordinance is hereby submitted for your review and approval. The proposed

ordinance will establish a permit approval process for Link light rail transit facilities. The Land

Use Code amendments are necessary to permit and mitigate the impacts of the permanent light

rail transit facilities that will be necessary along the light rail system alignment, approved by the

Sound Transit Board on November 18, 1999.

The proposed amendments establish the basis for City approval of use permits for structures and

uses of sites throughout. the alignment. The criteria proposed to review Sound Transit's

submittals will allow mitigation of the anticipated impacts of light rail transit facilities on

surrounding neighborhoods and businesses. The decision to permit and mitigate light rail transit

facilities will be a Type 11 discretionary decision within the City's Land Use Decision Framework

and is appealable to City's Hearing Examiner.

An ordinance that will allow SeaTran to issue permits for permanent light rail facilities within the

City street right of way will be jointly considered by Council with the attached Land Use Code

amendments.

Environmental review of the proposed amendments to the Land Use Code is covered by the

environmental analysis of impacts and mitigation proposed in Sound Transit's Environmental

Impact Statement on the light rail system. No further environmental analysis of the text

amendments is necessary. The decision to approve the proposed text amendments will take place

after Council has scheduled a public hearing at a date yet to be announced.

The proposed legislation is not of a fiscal nature. Costs associated with administration of the new

light rail transit facilities permit decision will be borne by the applicant through permit fees.

Other anticipated costs to the City for implementation and administration of the proposed

amendments are anticipated to be absorbed by the Department within existing sources of revenue

and funding.

Further information on the proposed ordinance is available from John Skelton at 233-3883.

An cqaalornployment opportunily, affirmative action employer. Accommodations for people with disabilities provided upon request.

9V

City of Seattle, Department of Constru-cvion and Land Use

7 10 Second Avenue, Suite 200, Seattle, WA 98104-1703

Page 12: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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ORDINANCE

ANJQRDINANCE, relating to land use and zoning; amending Sections 23.76.004,

:)p6r,ation. of the Link light rail system.

vide for a process to permit light rail transit facilities necessary to support the

!3.76.006, 23.80,004, 23,84.010, and 23-84.03 8 of the Seattle Municipal Code to

WHEREAS, in 1996, pursuant to state law, the Central Puget Sound Regional Transit

Authoritk,,(known as "Sound Transif') proposed, and Central Puget Sound votersI

approved, Nancing for a ten year regional transit system plan known as Sound

Move; and \

VVTHEREAS, Sound Mo' includes the Link electric light rail line connecting the cities of

SeaTac, Tukwila Seattle, which will provide numerous benefits to Seattle's

residents, workers, z~4 visitors, and which will help the City meet its

Comprehensive Plan i641s for dense, mixed use urban centers and urban villages

connected by high-qualiiX ,public transit; and\

IN,

WHEREAS, on November 18, 1999~, the Sound Transit Board of Directors, of which two

City of Seattle elected officials* members, approved the light rail alignment,

station locations, and maintenan8t~,base location in the city; and

WHEREAS, the City Council and Mayor h4V committed to work cooperatively with

Sound Transit to ensure that the light raij system gets built cost effectively, and

that it is sensitive to the needs and intere§t~of the citizens of Seattle; and

WHEREAS, Sound Transit will apply to the City of,Seattle for permits for componentsof the light rail system, both within and outsid~Nf public rights of way, for

permanent uses dnU1dCi1iLieS; anU

WHEREAS, currently, the City's Land Use Code (SMC Titl~23)does not include an

applicable. category of use or facility that encompasses the uses and facilities

needed to operate and maintain the light rail system; and

WHEREAS, the City Council wants to add such a category of use of,,,facility to the Land

Use Code to accommodate Sound Transit's Link light rail syste

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE ASFOLLOWS:

Section 1. Exhibit 23.76.004 A of Section 23.76.004 of the Seattle Anicipal

Code, which Section was last amended by Ordinance 119618, is amended as follo,

Page 13: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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Exhibit 23,76.004 ALand Use Decision Framework

DIRECTOR'S AND HEARING EXAMINER'SDECISIONS REQUfRING MASTER USE PERMITS

3

X I_rml X

\Director's Decision

(No'Administrative Appeal)

" Compliann,,e with development

standards \\

" Uses permittaoutright

Temporary uses,four weeks or less

Certain street uses

" Lot boundary adjustmenls~,

" Modifications of features bo sed

under Title 24)~

\\Determinations of significance

(EIS required) except for

determinations of significance based

solely on historic and cultural

preservation

Temporary uses, twelve months or

less, for relocation of police and fire

protection

Exemptions from right-of-way

improvement requirements

Special accommodation

Reasonable accommodation

Minor amendment to a MajorPhased Development Permit

Type 11

Director's Decision

(Appealable to

Hearing Examiner*)

Temporary uses, more than four

weeks

Variances

Administrative conditional uses

Shoreline decisions (*appealable

to Shorelines Hearings Board

along with all related

environmental appeals)

0 Q1-+ UA-A ~u a VAID

Special Exceptions

Design review

T46rthgate General DevelopmentPlan

Light r4~transit facilities

The followin&nvironmental

determinations:

1. Determination ol~..'

nonsignificance (Els\not

required)\\

2. Determination of final 6$adequacy

3. Determinations of

significance based solely on

historic and cultural

preservation

4. A decision by the Director to

approve, condition or deny a

project based on SEPAPolicies

5. A decision by the Director

that a project is consistent

with a Planned Action

Ordinance and EIS (no

threshold determination or

EIS required)

0 Major Phased Development

Type III

Hearing Examiner's Decision

(No Administrative Appeal)

Subdivisions (preliminary

plats)

Page 14: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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COUNCIL LAND USE DECISIONS

TYPE IV

J(quasi Judicial)

TYPE V(legislative)

" La~o use map amendments (rezones) 0 Land Use Code text amendments

"Publi-~roject approvals 0 Rezones to implement new City Policies

" Majorlh~titution master plans 0 Concept approval for City facilities

" Counciilc~oqditional uses 0 Major Institution designations

"Downltown'jR~nned community developments 0 Waive or modify development standards for City

facilities

& Planned Action Ordinance

Section 2. '\"",Subsection C of Section 23.76.006 of the Seattle Municipal Code,

which Section was last%*ended by Ordinance (Council Bill 113 100), is

amended as follows:

23.76,006 Master Use ftrlnits required.

C. The following areTyi6l~l

decisions:

N

1 The following pro~~ural environmental decisions for Master Use

Pen-nits and for building, demolition, gradin1~and other construction permits are subject

to appeal to the Hearing Examiner and are not'subject to further appeal to the City

Council (supplemental procedures for cnvironmt\~ital review are established in SMCChapter 25.05, Environmental Policies and

Proce(N~es):

mitigated DNSs;

~ (EIS) is adequate; and

a.

b.

C.

Determinations of Non-Agnificance (DNSs), including

Determination that a final enWronmental impact statement

Determination of Significance based solely on historic and

cultural preservation.

2. The following decisions, including any integrated decisions to

approve, condition or deny based on SEPA policies, are subject to appe~hkto the HearingExaminer (except shoreline decisions and related environmental

determinht!ionswhich

are appealable to the Shoreline Hearings Board):

a. Establishment or change of use for temporary use~4norethan four (4) weeks not otherwise permitted in the zone or not meeting developm*t

standards, including the establishment of temporary uses and facilities to construct ~,\

light rail transit system for so long as is necessary to construct the system as provided TP,

Section 23.42.040E, and excepting the temporary relocation of police and fire stations fo

twelve (12) months or less;

Page 15: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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IV de6ision may be granted by the Council pursuant to Section 23.76.036;

C. Variances; provided that, variances sought as part of a Type

b. Short subdivisions;

d. Specia'! exceptions; provided that, special exceptions

sought as palt~of a Type IV decision ,nay be granted by the Council pursuant to Section

23.76.036;

Design review;

Administrative conditional uses; provided that,

Shoreline substantial development permits,

*Wrelines variances,

Sholrelines conditional uses;

h. Northgate Ge ral D- evelopment Plan;

i. Major Phased %D

ev

opment; ((and))

administrative conditio al uses souglit as part of a Type IV decision may be approved bythe Council pursue

N ction 2 -3.7 6. 03 6;

I

g. \The following shoreline decisions (supplemental

procedures for shoreline decisi6lRs are established in Chapter 23.60):

Determination ofproj&,t consistency with a planned action

ordinance and EIS;((-)) and

k. Establishment of light rail transit facilities necessaa to

erate and maintain a light rail transit system. in accordance\with the -orovisions ofI

S e c tio -~i-13_~Q.0_04.

Section 3. Section 23.80.004 of the Seattle Municipal Code,,qs added byOrdinance 11743 0, is amended to add a new subsection C as follows:

23.80.004 Review criteria.

A. In reviewing an application for a proposed essential public facility,

decisionmaker shall consider the following:

I. Interjurisdictional Analysis. A review to determine the extent to

which an interjurisdictional approach may be appropriate, including consideration of

possible alternative sites for the facj]lt~,,,

in other jurisdictions and an analysis of the extent

Page 16: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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\to which the proposed facility is of a county-wide, regional or state-wide nature, and

\whether uniformity among jurisdictions should be considered.

2. Financial Analysis. A review to determine if the financial

impact upon the City of Seattle can be reduced or avoided by intergovernmental

agreement.

3. Special Purpose Districts. When the public facility is being

proposed bytispecial purpose district, the City should consider the facility in the context

of thedistrict'~\~verall plan and the extent to which the plan and facility are consistent

with th ((i-s)) Cobaprehensive

Plan.

4. \'Measures to Facilitate Siting. The factors that make a particular

facility difficult to site be considered when a facility is proposed, and measures

should be taken to faci I it,'Jtc sititig, of the facility in light of those factors (such as the

availability of land, access to txzmasportation, compatibility with neighboring uses, and the

impact on the physical envir6*ent).

B. If the decisionmaku determines that attaching conditions to the permit

approval will facilitate project sitiri"I.,in liRht of the considerations identified above, the

decisionmaker may establish condifidl~s for the project for that purpose.

C. Light rail transit facilities.'\

I.

Light rail transit facilitbes necessary to sUport the o-peration and

maintenance of a light rail transit s3~stem are De4 itted in all zo~~s wl flai n thg City of

Seattle.,

2. The Director may ap-prove a li&t rail transit facili1y pursuant to

Chapter 23.76. Master Use Perugits ajid Council-LaM 15'se Decisions onl3~ if the

tation locations, atid iriaintenance base location of the light rail I

sygern have been approved b_y the Citv Council b mance or resolution.y ord'I

1~

\3. When apprmjng light rail transit faciliti the Director mayes\

imp iti order to lessen identified imp ctaJon surroundinL,9 nasonable conditions;

qTfies. A N/laster.use Pcrmit is not required for the instV~i2L)p allation M tracks, b-elo

ZLaj,,e facilities -nLJmor alteration of

JI-

It rail I transit fac~ lities -nivolvitig-no material

expansioji or ch-,gige of use, ar-Ld other ininor newconstruction t4at, in the de-tgrmnait~Ln- ------- - --------

of flie I)irector, is not likely to have signi ticant adverse imacts on surrourii

4. In reviewing the desi n of licght rail transit facilities inclu

transit stations, transit station access -,in,!-~jupparLit:~g-:,n,,issenger service amenities, Lftq

Director rna~~ impose conditions to 1~rornote consistency with applicable urban djg~si n\

gLiidelines dieveloped by the Ci1y and the owner/operator of the light rail transit facL1i1y

5

Page 17: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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Section 4. Section 23.84.010 of the Seattle Municipal Code, as last amended

by Ordinance 119096, is amended by adding the following new definitional subsection:

23.84.010 "E"

"ts,sential Public Facilities" means airports, sewage treatment plants, jails, light

rail transit slvstems. and power plants.

Section 5.

"%

,, Section 23.84.038 of the Seattle Municipal Code, as last amended

by Ordinance 11923 amended to modify existing definitional subsections and add the

following new definitio~al subsection:

23.84.038 66T99

IN,

49-i ransitstation, light rail" means a fight rail transit facility-, whether at grade, b-.o,,,e de

or below grade that provides nedestri wA gggess to ligInt rail transit vehicles and facifllates

transfer fromlightxuj Lto-offier niodes of I-ranspoagion. A li,,,,,ht rail transit statka.mgyinchide rnechanl.cal dc~vlces s-ach as eIe-,.,qt6rs and escalators io moy"asss s, id~~.. ..... .... .

Lalso include such passenLer anienities as in ti -DR'![ Sun'nage seating, weather

protection, -,otintains, artwolk. orconcessio-as.

"Transit station access easement" means ((A featufe eensisting ot )) an.

easement for a pedestrian route or connection to provt4e direct access from street level to

transit turinel. stations and concourses JiLht rail !~Wsit facilities.

"Transit station access, grade-level" means a ((publie beaegaeati e ems--_-pa)

pedestrian connection which provides direct access fromstreellevel

to transit tunnel

stations or concourses and/or light rail transit facilities, at appro~~imately the same level

as the station mezzanine. \,

light rail-transit facilities.

"Transit station access, mechanical" means a ((Pttblie-f-N

pedestrian connection that incorporates a mechanical device, such as W_I\ cala~or, to

Uprovide direct access from sireet level to transit tunnel stations and concou. and/or

"Transportation facilities" means one (1) of the following commercial uses:

1 "Airport, land-based" means a transportation facility used for thetakel~f

and landing of airplanes.

2. "Airport, water-based" means a transportation facility used exclusively byaircraft which take off and land directly on the water.

6

Page 18: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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3. "Cargo terminal" means a transportation facility in which quantities of

\goods or container cargo are, without undergoing any manufacturing processes,

t~wi~;ferred to other carriers or stored outdoors in order to transfer them to other locations.

C(Irj,,-,,o terminals may inchide accessory warehouses, railroad yards, storage yards, and

o%

\4 "Heliporf' means a transportation facility in which an area on a roof or on

the grouiho is used for the takeoff and landing of helicopters or other steep-gradient

Vircraft, and one (1) or more of the following services are provided: cargo facilities,

maintenance'and overhaul, fueling service, tie-down space, hangars, and other accessory

buildings and 6 en spaces.

5. %,plistop" means a transportation facility in which an area on a roof or on

the ground is used %f9r the takeoff and landing of helicopters or other steep-gradient

aircraft, but not incl~4ing fueling service, hangars, maintenance, overhaul or tie-downZ_

space for more than one 1 ) aircraft.

6. "Passenger, terminal" means a transportation facility located on a sea or

land transportation line, ,vhere people transfer from one (1) mode of vehicular

transportation to another or between carriers within the same mode. Such carriers shall

hav,z re ularly scheduled rout6a, and may include vans, trains, ships, tour buses or boats,9

or other types of transportation. Passenger terminals may include ticket counters, waiting

areas, management offices, baggage hanciling facilities, and shops and restaurants. Metro

street bus stops and_Li,,,,ht_jDil transit stafions are not included in this definition.-- - - - ---------------

7. "Personal traiisponati oil.. services" means a transportation facility in which

either emergency transportation to hospitals, or general transportation by car, van or

limou,~ine for a fee is provided. Such uses'-~Ienerallv include dispatching offices and

facilities for vehicle storage and niaintenancel,

8. "Railroad switchyard" means a ,trr~ansportation facility in which:

a. Rail cars and en- Ines are service and repaired; and

b. Rail cars and en6nes are tr*sferred between tracks and coupled to

provide anew train configuration,

9. "Railroad switchyard with a mechanizea"hump" means a railroad

switchyard which includes a mechanized classification sy.~tern operating over an incline.

Page 19: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

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10. "Transit vehicle base" means a transportation facility in which a fleet of

uses ((or- light mil ea,-s)) is stored, maintained, and repaired.

(See also "Fleet vehicles.")

ction 6. Any act made consistent with the authority and prior to the

effective s ordinance is hereby ratified and confirmed.

Sectio\n 7. The provisions of this ordinance are declared to be separate and

severable. The R alidity of any particular provisions shall not affect the validity of anyother provision.

Section 8. Tbis ordinance shall take effect and be in force thirty (30) days

from and after its approvd,by the Mayor, but if not approved and returned by the Mayorwithin ten (10) days after p~~sentation, it shall take effect as provided by Municipal CodeSection 1.04.020.

Passed by the City Council t4 day of,

2000, and signed

by me in open session in authentication\~f its passage this _ day of

2000.

Filed by me this_ day of 2000

City Clerk

(SEAL)

Page 20: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

119861Cil-.y of Sea

0%"F31 ATE OF WASHINGTON - KING COUNTY

C1_Ss.

NO- FU

Affidavit of Publication

-ORD

The undersigned, on oath states that he is an

authorized representative of The Daily Journal of Commerce, a

daily newspaper, which ncwspaper is a legal newspaper of general

circulation and it is now ancl has -been for more than six months

prior to the date of publication hereinafter referred to, published in

the English language continuously as a daily newspaper in Seattle,

King County, Washington, and it is now and during all of said time

was printed in an office maintained at the aforesaid place of

publication of this newspaper. The Daily Journal of Commerce

was on the 12th day of June, 1941, approved as a legal newspaper

by the Superior Court of King County.

The notice in the exact form annexed, was published in regular

issues of The Daily Journal of Commerce, which was regularly

distributed to its subscribers during the below stated period. The

annexed notice, a

C 1' *~ 1199 7 4 -0 R ~') IF N ~

was published on

06/30/00

The amount of the fee charged fqr tl:'~e forogoing publication is

the sum of $ beenpajq in full.

Notary Public for the State of Washington,residing in Seattle

Affidavit of Publication

Page 21: OPMENANCE, tclerk.seattle.gov/~archives/Ordinances/Ord_119974.pdfORDINANCE 11-7 7LJ 2 AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23,80.004,

O~ a f r~sno po'-

qoan~v.'-s

,rg~,jng "ny e~m .ct,_,rzng pro~-,f

to ~0,~er eamer., or

O~ -,rcler ~,, transfer 0),nn

21ayin-

City af Seattle K~oinevionco sta-7e m"t

"4 'Hvbp,;jt

ORDINANIC 119974 M"Mus, kk Mo CMOs and MVM Why in ~Wh n nma on a oK or whl,c cou-,,nz'~-d tn ,ovk

coopcrojvr:-,~the gro~:,--j le for tha

AN ORDWA,'OT rp~atmg to 1,,Od -o .~ound Trzm'Fit t, that ti~(c t~j~j lanair", of hnikopo,--, ,, ~h~i

;dwihng anw0mg Sectiom 23 7660, ~Ywwn gets Wt effo,36,,e~y t11-

m r,,af~, an d k-e ~J, or O-e f

26AUT 248MON, 2=01% wad MAI -

,k a "ww" t~, the O,,_,&~ aq4 m~etva~e.0, R41-m! ~n e prov cz",

MM 4 Me now M"W"I cw~ u, l,10- utoms 0 S.Wq mid ond,iO~ foj~a pr-e~,, to p,rtniE 1,Wh! r,il t,,-~it i"wilairs 01 'slo~ tha

opa:~)-V1"',WREAS, Soun,i Tran_,zt ,viii irp3y to and %('es~orw buiWings, awi open

tf,e. cit" of ~~,qttfe f", petinit, for ~,.- fpn, eo~,

prjwn"a of the light I~Aol " vSt'TO, b,11--.

~'ahin cnrdovt ,I~t, a O,,: bbc igirt,-anrn,

WHMEAS, i. 199c,, ta. ~

fc, p-nane'a facilitie": "'M 1~461ay in llhk3i an ii,~s, on q ro.~for OnP'=fet SM~-,,t bagje,njj

Tmm& Amh-rity 'known a,4 "So"-3 T;trn_Wfl, FIAS, currPnity, thc, Lar,(,

Froun't i~ v8od f~', t re takcOfl*

ln,~dingof helwoo"n M gme, omp

pn", ,,, Central Fug,t Wnld I ~ s ~ Co 8 p (~', %1(,' TWe- 2W am not %M" amwt M"wk ON as i Wing W,nywr an appb-?,~, ff n~~. - f"613ty

i~a,,tg-ts -Aw 'Tan-ce.o'~Z-

plOn ~K f'-If the U52~, 11113 f.36H6, ,

or tt~~:d-%vn fo~ mor~ than MeO~ulSOD'1*4n MOVF: ~u~a a-~ M"'i'aftin the light

_

a ft.

SOf-'l-fl) mmm;a wns-t.ink ekar" boa rad nn, -""a, Meeifleq of

INMR10k to 00 CW=H Wma To

i'ac-tity rl~ 13" or, " or !",-1

""hiob -ro-'L4, ""horp zeq tTO ns-

re~-Wozt_~ ,-kets -nr! vi~jto-,-3 IM-W5 UK to$ ME oemt,;

tr.ns-

to ~qothor vr ~,etween c~rrnev~,.n,~ "hi"h vi~l h'!!p ~1- ita Conn NOW "m tT ~ihin ilnp sane -"oqe~ su~tk

;~hcns;vc,?%j, M_ '013' OF S-EAT7Lr AS ~_01,- Sinall ha,e reuW,,,!v ~,ci:,aO,,3 -a-

_-:Inecie~a L OWS: y inrlu;fa vai,~, tmins "llip: tor

bns,~ - e" typQ~ of trlro;

'WMITTAS, on ~N'-eva.e, )s. J ,tq~, ~.j, ~on 237~i W4 of !~~att~o p4nnic~ - poltatie, )11$~nge, tnrninol~ may. ,MW Tmnot Uayd -fDkectors, ofwhi,b

*

i

hot anw-led t,~F

ti,k~,t -aitu-_7

tt- Cav 3 ~.;,ctla 0'ain-nce 1 8, arnet.""vrl as-w,ng~n),m

-0~ sop~E '

31

Mom w"ot '-, pt~ps "m~ li&~t raa~xh.N~ 2 _ ,7 ,404 A

,;v not me, n, ta!~~

. .. . ......... - --------- - - ---------

ype I

luaring ESzmwer'~ Dcisian

(A-pulo;4- zo

t1a.-j"g E~3

Ac

,n,6ik.x-or,~ of

k 3,,

2,eb I, al

uq m1W

a~~ fia

Spc,.i;1i

sh,~rc-:in, kc,'o)'s

to Pits ~~s P~.xqv.

~~ong with

"an ", t~ pt'v,~PT.

to~:o-ng

d vww,~!

daw- n 0, Dw~

("()u.,\c1

TVPE tv

wumk qwcwzl~

WOE,

A"NI$ OE

2 Sot,~ect,6-,n of 1~oc~,~on 23.

,qhi4, Sad:~CO tfv~,ndv,:

is

to: cey

Piaante A 04,~.

f,,~Zbiare

"O"bt a " tione,

-ighA me -part w to 0",

',anspvrtntion ppric,'trat'speptation 1"wility !0

eitherC,-_~rEomcy iranspo,t,aon T" h-

pit'.319, or general tra-pc'r,~io,van ,r lnrao,ipine for 2 f~o in

S,wh up&~ gonorqHy ijclu,le di~,-oa,hm_-

moms -d WOE% % ~Wdw Q-g~am maww"Me

Ww=d W"Mm"t!,nsp,tvtatioa ~,,,Inct,

a. Pil v,~S ~nOW 'utow! mt~

b~ R;~ ~,ror,, and ont,,in~~ an~

3orr,,l ~-,twea.n tracks )-i co,~pl,,d t,, p-vi4,,new tr,~in

th

ya

16ilr,~Ik~ switehyarr!

fjzeu hump" O;cans a aztrond -,wit~,,,-

'j W,'och inmuJes a

um Yom up-Hog ov" .. odwa.

vehide ',~aqc" memr; a

Meility ~n whie~,- kiaet o(

~ipht r,3il en-),, i~

(SeO af7- 'TtEt

STECTION E, Any m~t maJo consiAc~aLlit, int',,~,)rny a-,.d pri- to the, 4'emi,e.

af- ~hjs ordiinance i~ ~~e~-eby -tifioa

y

i~. Thi,

Md."_:CTR'W V. 11~e rrovisior-5 0i thi~, 0),li

an'i

pl,tico:pr

ot -t ti- oliijb, ;~F

-j be i, thill", day.,

i"'s, Rppro,,~! by the '~Iavor, I'ta if

4.ppf~",e~, aa,; Nlapu,

;thin 'cn rlnv., after zt

*h'A takc, cffe~:i. _8 -"-0v"ia'1 by 3~iul-npal

Code 1 04.02!~,

Aj~pravd hy, me It JIM Ay 4 "awwwm ace i_~,ty council-

MARGARIT PAGELER,

25 an M jane, ow')so,,Oan of it~

puasagf~ th~2

o1;,, "n open

F,Fg,i 0." Cjty founcil fl,"j?'b 'toy

AMOn E MPPEN,Cklk_

PuZAft~i~.~ 1,y JUDIT,51 PTV~N,City Q%k.

RMWAM Ww" del

batv p;,Hiation in D;O~y J,,ar-

no ac.mmercc, S'aftle"Jone 30,2000.

111~