DPD Land Use Information Bulletin

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

February 21, 2005
Other Notices

Summary of Notices

Notices of Decisions

Area	Address	Zone	Project No
Northeast	5250 12TH AV NE	L1	2405732
Northeast	9121 23^RD AV NE	L3	2406368
North/Northwest	9501 INTERLAKE AV N	L3	2408185
North/Northwest	5350 30^TH AV NW	IG1 U/65’, UI	2404483
Downtown/Central	2731 BOYLSTON AV E	L3	2401157
West Seattle	4160 BEACH DR SW	L2	2406530
West Seattle	6047 FAUNTLEROY WY SW	LDT	2407649
West Seattle	6051 FAUNTLEROY WY SW	LDT	2407650

Other Land Use Notices

Action	Address	Zone	Project No
Notice of City Council Public Hearing on Proposed Rezone, Land Use Code Text Amendment, and Design Guideline Revisions for South Lake Union			Notice
Notice of Director’s Recommendation on Council Concept Approval, Environmental Determination and Public Hearing			2400368
Notice of Proposed Land Use Code Text Amendments and Environmental Determination			SLU

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# 2405732	Area: Northeast	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 5250 12th Av NE Zone: L1 Applicant Contact: Brittani Ard Applicant Phone: (206) 282-7990 Planner: Scott Kemp Planner Phone: (206) 233-3866	Master Use Permit to subdivide one parcel into three 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 a two-unit townhouse has been approved under Project #2404996. Existing single family dwelling to remain.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create three 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 March 7, 2005.
Proj# 2406368	Area: Northeast	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 9121 23^rd Av NE Zone: L3 Applicant Contact: Tyler Goodmanson Applicant Phone: (206) 285-1117 Planner: Christopher Ndifon Planner Phone: (206) 684-5046	Master Use Permit to subdivide one parcel into eight 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 has been approved under Project #2406438.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create eight 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 March 7, 2005.
Proj# 2408185	Area: North/Northwest	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 9501 Interlake Av N Zone: L3 Applicant Contact: Pheobe Ingraham Applicant Phone: (206) 623-1745 Planner: Christopher Ndifon Planner Phone: (206) 684-5046	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 has been approved under Project #2404494.
	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 March 7, 2005.
Proj# 2404483	Area: North/Northwest	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 5350 30^th Av NW Zone: IG1 U/65’, UI Applicant Contact: Frank Hofmeister Applicant Phone: (206) 363-0197 Planner: Lucas DeHerrera Planner Phone: (206) 615-0724	Shoreline Substantial Development Permit for future relocation of a 6 ft. by 238 ft. floating moorage 15 feet east of its current location and future construction of a new 4 ft. by 190 ft. floating moorage west of the existing pier. The project includes the replacement of 18 wood pilings with nine new steel pilings.
	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. Grant – Shoreline Substantial Development to allow a floating moorage in the UI Environment. This decision is appealable to the Washington State Shoreline Hearings Board until at least March 14, 2005.
Proj# 2401157	Area: Downtown/Central	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 2731 Boylston Av E Zone: L3 Applicant Contact: Dennis Vinson Applicant Phone: (253) 569-5084 Planner: Malli Anderson Planner Phone: (206) 233-3858	Master Use Permit to construct a three-story, six unit apartment building in an Environmentally Critical Area. Parking for seven vehicles to be located in below grade garage. Existing two unit apartment and detached garage to be removed.
	The following appealable decisions have been made based on submitted plans: Declaration of Non-Significance (No environmental impact statement required). Environmental review completed and project conditioned as applicable. Appeals of this decision must be received by the Hearing Examiner no later than March 7, 2005.
Proj# 2406530	Area: West Seattle	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 4160 Beach Dr SW Zone: L2 Applicant Contact: Michael Alford Applicant Phone: (206) 583-0611 Planner: Darlene Edwards Planner Phone: (206) 684-5606	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 has been approved under Project #2208862.
	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 March 7, 2005.
Proj# 2407649	Area: West Seattle	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 6047 Fauntleroy Wy SW Zone: LDT Applicant Contact: Tyler Goodmanson Applicant Phone: (206) 285-1117 Planner: Lindsay King Planner Phone: (206) 684-9218	Master Use Permit to subdivide one parcel into three 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 No. 2405212.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create three 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 March 7, 2005.
Proj# 2407650	Area: West Seattle	Date of Decision: 2/21/2005
View Decision Doc (Adobe)	Addr: 6051 Fauntleroy Wy SW Zone: LDT Applicant Contact: Tyler Goodmanson Applicant Phone: (206) 285-1117 Planner: Lindsay King Planner Phone: (206) 684-9218	Master Use Permit to subdivide one parcel into three unit lots. This subdivision of property is for the purpose of allowing the 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 was approved under Project No. 2406477.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create three 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 March 7, 2005.

Other Land Use Notices

NOTICE OF CITY COUNCIL PUBLIC HEARING ON PROPOSED REZONE, LAND USE CODE TEXT AMENDMENT, AND DESIGN GUIDELINE REVISIONS FOR SOUTH LAKE UNION
	The Seattle City Council is considering amendments proposed by the Department of Planning and Development (DPD) to rezone portions of the South Lake Union (SLU) neighborhood and an adjacent area to the Seattle Mixed zone. Amendments to the Land Use Code (Title 23) and to the Design Guidelines for South Lake Union have also been proposed. In addition to the DPD proposals, Councilmember Peter Steinbrueck has recommended the following additional changes: · Add stronger direction in the Land Use Code and in the South Lake Union Design Guidelines to encourage sustainable development. · Clarify the locational criteria for the proposed Seattle Mixed zone. · Strengthen the guidance that the South Lake Union Design Guidelines provide to permit applicants and the Design Review Board. Based upon public comments and Council deliberations, the amendments ultimately adopted may be different from the amendments proposed by DPD and those summarized above. PUBLIC HEARING The City Council’s Urban Development and Planning Committee will hold a public hearing to take comments on the proposal on March 9, 2005 at 6:00 p.m. at the Cascade People’s Center, located at 309 Pontius Avenue North, on the first floor. Childcare will be provided. Questions concerning the public hearing may be directed to Neil Powers in Councilmember Steinbrueck’s office, by calling 684-8804 or via e-mail at: neil.powers@seattle.gov. Print and communications access is provided on prior request. Please contact Neil Powers at 684-8804 as soon as possible to request accommodations for a disability. Written Comments For those unable to attend the public hearing, comments will be accepted through March 9. Please send comments to Neil Powers or: Councilmember Peter Steinbrueck Legislative Department 600 Fourth Avenue Floor 2 PO Box 34025 Seattle, WA 98124-4025 INFORMATION AVAILABLE Copies of the DPD proposal and Councilmember Steinbrueck’s recommendations are available at the City Clerk’s Office, 3^rd Floor, City Hall 600 4^th Avenue (entrance on 5^th Avenue), or from the DPD Public Resource Center, 700 5^th Avenue, Suite 2000 in the Seattle Municipal Tower, 684-8467. 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. Questions regarding the proposed legislation or requests for electronic copies may be directed to Neil Powers in Councilmember Steinbrueck’s office, by calling 684-8804 or via e-mail at: neil.powers@seattle.gov.
NOTICE OF DIRECTOR’S RECOMMENDATION ON COUNCIL CONCEPT APPROVAL, ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING
		Project #2400368
View Decision Doc (Adobe)		The City Council is conducting a public hearing on the Recommendation of the Director of the Department of Planning and Development (DPD) to approve the Council Concept Approval application described below. Project Number: 2400368 C. F. Number: 306574 Address: 7400 Sand Point Way NE Zone: Single Family 7200 (SF 7200) The Council Concept Approval would do the following: Approve the future installation of light standards (poles) at a City Facility (Sand Point Magnuson Park) and approve a City Facility not fully meeting development standards. The City Facility in this instance consists of the following: An addition of fifty eight (58) light standards supporting a total of 448 luminaires, including security luminaries, to surround seven playfields proposed at Sand Point Magnuson Park. The proposed light standards would range in height from 65 to 85 feet. The application includes requests to modify or waive the following development standards: Height. Allowing structures (lighting standards with luminaries) varying in height from 65 to 85 feet in height in a single-family zone. (SMC 23.44.012) The Director recommends: Approval Council Concept Approval with the waiver and modification of development standards with conditions (limiting days and hours of use). Copies of the Director's Report and Recommendation and the Council Concept Approval application materials are available at the DPD Public Resource Center, 700 Fifth Avenue, Suite 2000 (206) (684-8467). 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. Questions may be directed to Michael Dorcy, DPD Land Use Planner, at (206) 615-1393. ENVIRONMENTAL DETERMINATION Environmental documents include a Final Environmental Impact Statement (FEIS), a Final Supplemental EIS and an EIS Addendum. These environmental documents were prepared by the Department of Parks and Recreation and issued in July 2002, May 2003, and December 2003 respectively. SEPA review is for conditioning only. Recommended conditions: none. PUBLIC HEARING (not on the SEPA Decision) The Council's Urban Development and Planning Committee will hold the public hearing on the Director's recommendation on March 23, 2005 at 2:30 p.m. in the Council's Chamber, on the second floor of City Hall. The entrance to City Hall is located on Fifth Avenue between James and Cherry Streets. For those who wish to testify, a sign-up sheet will be available outside the Council Chamber one-half hour before the public hearing. Questions concerning the public hearing may be directed to Neil Powers in Councilmember Steinbrueck’s office, by calling 684-8806 or email at neil.powers@seattle.gov. The City Council Chamber is accessible. Print and communications access is provided on prior request. Please contact Neil Powers at 684-8804 as soon as possible to request accommodations for a disability. WRITTEN COMMENTS For those unable to attend the public hearing, written comments may be sent by March 22, 2005 up to 5:00 p.m. to: Councilmember Peter Steinbrueck Legislative Department 600 Fourth Avenue Floor 2 PO Box 34025 Seattle, WA 98124-4025
NOTICE OF PROPOSED LAND USE CODE TEXT AMENDMENTS AND ENVIRONMENTAL DETERMINATION
		The Department of Planning and Development (DPD) has prepared legislation in response to Resolution 30635 directing DPD to determine the applicability of the South Lake Union biotechnology amendments to commercial and industrial areas throughout the city. The needs of biotech development, recognized in Ordinance 121359, are related to tall floor to floor heights and specialized mechanical and ventilation equipment. The amendments contained in the legislation respond to the resolution to address issues including: Allow up to 20 feet of additional height to accommodate equipment needed to serve a research and development lab (this stipulation was the original intent in Ordinance 121359 and is proposed to be clarified); Exempt up to 15 percent of a structure’s floor area from floor area ratio (FAR) limits, as an allowance for mechanical systems; Allow up to 65 percent rooftop coverage, provided that 10 foot setbacks are provided from the perimeter of the structure(allowing flexibility in meeting these standards pursuant to Design Review); and Modify the amount of parking required from 1 space for every 1,000 square feet of area to 1 space for 1,500 square feet for “research and development laboratories” in order to reflect actual parking demand. While the amendments are intended to address the needs of the biotechnology industry and other similar enterprises, some of the amendments would apply more broadly. Generally, the amendments are proposed to apply in the following zones: Neighborhood Commercial 3, Commercial, and Industrial Commercial zones with height limits of 40, 65, or 85 feet; and Downtown zones, including Downtown Office Core 1 and 2, Downtown Retail Core, Downtown Mixed Commercial and Downtown Mixed Residential. The following amendments would apply to any development in all zones: Revise the method by which height is measured so that development is not hindered or helped by topographic anomalies. This amendment would apply to all zones, except for downtown zones and the Shoreline designations, and to all types of development except public schools; and Allow centralized loading facilities when the applicant can demonstrate that the facility can adequately and effectively serve the use without disrupting pedestrian and vehicle traffic. This amendment would apply to uses in all zones where loading births are required. ENVIRONMENTAL DETERMINATION DPD has determined that the amendments 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. March 15, 2005. 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 Mike Podowski at (206) 386-1988 or via email at mike.podowski@seattle.gov.