DPD Land Use Information Bulletin

Land Use Information Bulletin
A Twice Weekly Bulletin Announcing Land Use Applications, Decisions, Hearings, and Appeals

September 6, 2004
Other Notices

Summary of Notices

Notices of Decisions

Area	Address	Zone	Project No
Magnolia/Queen Anne	3217 21^ST AV W	L1	2403607
Downtown/Central	803 E DENNY WY	MR, CH, UCV/LR	2400700

Other Land Use Notices

Action	Address	Zone	Project No
Notice of Proposed Rezone, Land Use Code Text Amendments and Environmental Determination			Rezone

Notice of Decision

The Director of the Department of Planning and Development has reviewed the Master Use Permit application(s) below and issued the following decisions. Interested parties may appeal these decisions.

Hearing Examiner Appeals

To appeal to the City’s Hearing Examiner, the appeal MUST be in writing, and be delivered to the Office of the Hearing Examiner, Room 1320, Alaska Building, 618 Second Avenue, Seattle, Washington 98104. Appeals must be received prior to 5:00 P.M. of the appeal deadline indicated below and be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. (The Hearing Examiner may waive the appeal fee if payment would cause financial hardship.) The appeal must identify all the specific Master Use Permit component(s) being appealed, specify exceptions or objections to the decision, and the relief sought. Appeals to the Hearing Examiner must conform in content and form to the Hearing Examiner’s rules governing appeals. (The Hearing Examiner’s Office has a form that can be used for land use appeals.) A copy of the Hearing Examiner Rules is available for $1.75 from DPD. The Hearing Examiner’s Office also provides a “Citizen Guide to the Office of the Hearing Examiner”. To be assured of a right to have your views heard, you must be party to an appeal. Do not assume that you will have an opportunity to be heard if someone else has filed an appeal from the decision.

Interpretations

Issues concerning the proper application of any development regulation in the Land Use and Zoning Code (Title 23) or regulations for Environmentally Critical Areas (Chapter 25.09) cannot be raised as part of this appeal. These issues can be considered in an interpretation, which may be appealed to the Hearing Examiner. Interpretations may be requested by any interested person. Requests for interpretations must be filed in writing prior to 5:00 P.M. on the appeal deadline indicated below and be accompanied by a $2,000.00 fee payable to the City of Seattle. (This fee covers the first eight hours of review. Additional hours will be billed at $250.00.) Requests must be submitted to the Department of Planning and Development, Code Interpretation and Implementation Section, 700 5^th Av Ste 2000, PO Box 34019, Seattle WA 98124-4019. Questions regarding how to apply for a formal interpretation may be asked by phone by calling (206) 684-8467.

Shoreline Decisions

An appeal from a shoreline decision is made to the State Shorelines Hearing Board. It is NOT made to the City Hearing Examiner. The appeal must be in writing and filed within 21 days of the date the DPD decision is received by the State Department of Ecology (DOE). The DPD decision will be sent to DOE by the close of business on the Friday of this week. If the Shoreline decision involves a shoreline variance or shoreline conditional use, the appeal must be filed within 21 days after DOE has made their decision. The information necessary for DOE to make their decision will be sent to them by the close of business on the Friday of this week. The beginning of the appeal period may also be provided to you by calling (206) 684-8467. The minimum requirements for the content of a shoreline appeal and all the parties who must be served within the appeal period cannot be summarized here but written instructions are available at the Department of Planning and Development (Client Assistance Memo 232), 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019, (206) 684-8467 or contact the Shorelines Hearing Board at (360) 459-6327. Failure to properly file an appeal within the required time period will result in dismissal of the appeal. In cases where a shoreline and environmental decision are the only components, the appeal for both shall be filed with the State Shorelines Hearing Board. When a decision has been made on a shoreline application with environmental review and other appealable land use components, the appeal of the environmental review must be filed with both the State Shorelines Hearing Board and the City of Seattle Hearing Examiner.

Comments

When specified below written comments will be accepted. Comments should be addressed to: Department of Planning and Development, 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.

Information

For additional information, to obtain a copy of the decision or to learn if a decision has been appealed, contact the DPD Public Resource Center, Seattle Municipal Tower, 700 Fifth Avenue, Suite 2000 – 20^th Floor, (206) 684-8467. A copy fee will be charged. (The Public Resource Center is open 8:00 a.m. to 5:00 p.m. on Monday, Wednesday, Thursday, Friday and 10:00 a.m. to 5:00 p.m. on Tuesday.)

Proj# 2403607	Area: Magnolia/Queen Anne		Date of Decision: 9/6/2004
View Decision Doc (Adobe)	Addr: 3217 21^ST Av W Zone: L1 Applicant Contact: Marc Wilson Applicant Phone: (206) 931-5129 Planner: Lucas DeHerrera Planner Phone: (206) 615-0724		Master Use Permit to subdivide one parcel into four unit lots. This subdivision of property is only for the purpose of allowing sale or lease of the unit lots. Development standards will be applied to the original parcel and not to each of the new unit lots. The construction of townhouses is being reviewed under Project #2400530.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create four unit lots. Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column. Appeals of this decision must be received by the Hearing Examiner no later than September 20, 2004.
Proj# 2400700	Area: Downtown/Central	Date of Decision: 9/6/2004
View Decision Doc (Adobe)	Addr: 803 E Denny Wy Zone: MR, CH, UCV/LR Applicant Contact: Dean Kralios Applicant Phone: (206) 623-1104 Planner: Michael Jenkins Planner Phone: (206) 615-1331	Master Use Permit to establish use for future construction of a 5-story, 45 unit apartment building with below-grade parking for 25 vehicles. Project includes rehabilitation of existing corner structure to include four apartments. Two existing single family residences to be removed under separate permit. Additional approval required from Landmarks Board.
	The following appealable decisions have been made based on submitted plans: Declaration of Non-Significance with conditions (no environmental impact statement required). Environmental review completed and project conditioned as applicable. Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column. Conditionally Grant - Design Review Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column. Appeals of this decision must be received by the Hearing Examiner no later than September 20, 2004.

Other Land Use Notices

NOTICE OF PROPOSED REZONE, LAND USE CODE TEXT AMENDMENTS AND ENVIRONMENTAL DETERMINATION
Map of South Lake Union Proposed Rezones (Adobe)	The Department of Planning and Development (DPD) is proposing to rezone portions of the South Lake Union (SLU) neighborhood and an adjacent area. In addition, code amendments are proposed, including the following:
	Require Design Review for new development in the Industrial Commercial (IC) zone located between Mercer and John Streets and Fairview Ave. N. and the alley west of Terry Ave. N; Adopt revisions, clarifying language in the SLU neighborhood design guidelines; Add “Seattle Mixed” as the new zone name for the current Seattle Cascade Mixed (SCM) zone and amend rezone criteria to allow the broader use of the SM zone in other areas, where appropriate; Require pedestrian oriented design, such as transparency of street-level facades, or upper-level setbacks along a mapped network of streets. The rezones and code amendments are intended to encourage housing development in a pedestrian oriented, mixed use neighborhood. This supports the City’s goals for housing development in the area and the neighborhood’s commercial history. No height limit increases are proposed.
	ENVIRONMENTAL DETERMINATION DPD has determined that the amendment described above will not have a significant adverse environmental impact, and has issued a Declaration of Non-Significance (no Environmental Impact Statement required). HOW TO APPEAL Appeals of the decision to issue a Declaration of Non-Significance must be submitted to the Office of the Hearing Examiner by 5:00 p.m. September 28, 2004. Appeals should be addressed to the Hearing Examiner and must be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. The appeal must be sent to: Office of the Hearing Examiner Room 1320 Alaska Building 618 Second Avenue Seattle, WA 98104 INFORMATION AVAILABLE Copies of the proposal may be obtained at the DPD Public Resource Center, 700 5^th Avenue, Suite 2000 in the Key Tower. Questions regarding the proposal may be directed to Roque Deherrera at (206) 615-0743 or via email at roque.deherrera@seattle.gov.