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

March 28, 2005
Other Notices

Summary of Notices

Notices of Applications

Notices of Decisions

Please see “Other Land Use Actions” for notice of Design Review Early Design Guidance Applications. Seattle ’s Department of Planning & Development is currently reviewing the Master Use Permit applications described below. Your written comments are encouraged and may be submitted to:

Department of Planning and Development
ATTN:  Public Resource Center or Assigned Planner
700 5^TH Av Ste 2000
PO Box 34019
Seattle, Washington 98124-4019
FAX (206) 233-7901

Applications requiring shoreline approvals are subject to an initial 30-day comment period.  All other land use approvals listed below are subject to an initial 14-day comment period.  The comment period may be extended an additional 14-days.  A written request to extend the comment period must be received by this Department within the initial 14-day comment period as published in this bulletin.  Any comments filed after the end of the official comment period may be considered if pertinent to review yet to be conducted.  The project file, environmental documentation and other additional information related to the project can be found 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 about the projects listed in this bulletin can also be directed to the Public Resource Center via e-mail.  The e-mail address is PRC@seattle.gov.  For future updates include your US postal address.

To the extent known by the Department, in addition to the project permits included in each of the land use applications described below, other government approvals or permits that may be necessary, that are not included in the applications, will also be listed.  When a building permit is listed as being necessary, this may include associated electrical, plumbing, mechanical, elevator, and other similar permits.

The City Council amended the City’s SEPA (State Environmental Policy Act) Ordinance effective on November 1, 1998 .  The amendments included the Early Review Determination of Nonsignificance (DNS) Process, which DPD is now using for all applications for projects requiring a threshold determination when DPD has reasonable basis to believe that significant adverse impacts are not likely, and the Director expects to issue a DNS for the proposal.  The DNS is not final until it is published following consideration of all comments received during the comment period.

The comment period for a project subject to an Early Review DNS may be the only opportunity to submit comment on the environmental impacts of the proposal.  Projects subject to the Early Review DNS process may include mitigation measures under applicable codes and ordinances, and after comment and review occurs they may incorporate or require additional mitigation measures regardless of whether or not an Environment Impact Statement is required.

A copy of the application and the environmental checklist prepared by the applicant will be sent to agencies with jurisdiction, the Department of Ecology, affected tribes and local agencies whose public services would be changed as a result of the proposal.  After the close of the comment period, DPD will review any comments and will either issue a DNS followed by an opportunity to appeal, or, if significant environmental impacts are identified, a DS/Scoping notice.  Copies of the subsequent threshold determination for the proposal may be obtained upon request.

Numbers used in project descriptions are approximations.  The final approved plans will control.

Interpretations

A formal decision as to the meaning, application or intent of any development regulation in Title 23 (Land Use Code) or Chapter 25.09 (Regulations for Environmentally Critical Areas) is known as an "interpretation".  Examples include questions of how structure height or setback is properly measured, or how a proposed use should be categorized.  An interpretation may be requested by any party during the comment period as determined above.  The request must be in writing, and accompanied by a $1,500.00 fee payable to the City of Seattle .  (This fee covers the first six hours of review.  Additional hours will be billed at $250.00.)  Interpretations on some issues may also be requested later, during the appeal period, if the project decision is appealed.  Failure to request an interpretation can preclude raising the issue on appeal.  Questions regarding the interpretation process may be asked by phone by calling (206) 684-8467.  Requests for interpretation may be submitted to the Department of Planning and Development, Code Interpretation and Implementation Group, 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019 .

Note:  The vicinity map feature added to the public notice of application is provided as an illustrative reference.  It is not intended to replace the legal description and site plan included in the project file.  In the event of omissions, errors or differences, the documents in DPD’s files will control.

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.)