DRAFT FOR COMMENT: EASTLAKE AVENUE PEDESTRIAN DISTRICT OVERLAY ORDINANCE

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1 DRAFT FOR COMMENT: EASTLAKE AVENUE PEDESTRIAN DISTRICT OVERLAY ORDINANCE Background: One of many actions in the 1998 Eastlake Neighborhood Plan was a proposal for an Eastlake Avenue Pedestrian District Overlay ordinance. Following is a draft ordinance prepared for the Eastlake Community Council in When ECC presented this draft ordinance to the Seattle Department of Planning and Development, its response was that impending citywide changes in the City s commercial and multifamily land use codes would address the same purposes. ECC believes that citywide changes in the Seattle land use code haven not adequately addressed the purposes of the proposed Eastlake Avenue Pedestrian Overlay District ordinance. Therefore ECC is considering whether to move ahead with proposing this ordinance again to DPD and ultimately to the City Council. A revision of this draft ordinance would of course involve updating it to incorporate changes in the Seattle land use code since ECC invites questions, comments, and suggestions from the public about this document. Based on the comments received, ECC will decide whether to move ahead, and which revisions in the proposed ordinance are needed. The draft ordinance will be discussed at a public meeting to be held Tuesday, Feb. 7 at 7 p.m. at TOPS-Seward School, 2500 Franklin Ave. E. Written questions, comments, and suggested revisions are always welcome and may be submitted to info@eastlakeseattle.org or by U.S. mail to ECC, 117 E. Louisa St. #1, Seattle, WA ORDINANCE AN ORDINANCE relating to land use and zoning, amending Sections 23. [to be identified] of the Seattle Municipal Code; adding a new Chapter to the Seattle Municipal Code; and amending the Official Land Use Map, Chapter 23.32; to establish the Eastlake Overlay District and implement the Comprehensive Plan, including the neighborhood plan, goals and policies for the Eastlake neighborhood. WHEREAS, [to be drafted] NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. New chapter. Chapter EASTLAKE OVERLAY DISTRICT Sections: Subchapter I Establishment of Overlay District Purpose and Intent Rezone criteria. Eastlake Overlay-Draft 3 1

2 Eastlake Overlay District established Application of regulations Development standard departure. Subchapter II Use and Development Standards Uses Development standards for street level neighborhood serving uses Vehicle access and curbcuts for all Overlay subareas Required parking in the Eastlake Overlay District Parking location in the Eastlake Overlay District Screening and landscaping standards Subchapter I Establishment of Overlay District Purpose and intent Rezone criteria. A. Purpose and intent. The purpose of this chapter is to implement the City s Comprehensive Plan, including the neighborhood plan, goals and policies for the Eastlake residential urban village, and Resolution 29838, which identifies an Eastlake Avenue Pedestrian District as a key strategy of high priority in the Eastlake Neighborhood Plan, by establishing the Eastlake Overlay District. The Eastlake Overlay District is intended to create a community identity for Eastlake Avenue E. that includes an enhanced, safe and interesting streetscape, small business establishments and pedestrian activity at street level, and strengthened commercial and residential areas. Subareas are designated along Eastlake Avenue E. to help direct the location of future commercial, mixed-use and residential development, and, in some locations, including near Fairview Park, to encourage more residential development to meet the housing targets in the Comprehensive Plan and discourage large, single-purpose commercial development. Use provisions and development standards also direct vehicle access away from Eastlake Avenue E., encourage neighborhood-serving uses at street level in commercial and mixed-use buildings, and, in some areas, limit the location of accessory and principal use parking. Allowing and carefully locating a mix of residential and appropriate commercial uses will preserve the traditional diversity of uses in the Eastlake neighborhood, while creating a distinct and identifiable character for neighborhood districts, nodes and gateways along Eastlake Avenue E., and while promoting pedestrian activity along the street and compatibility between commercial and residential uses. In general, the Eastlake Overly District is focused on uses, vehicle access, and the Eastlake Avenue E. streetscape, and is not intended to alter the scale of existing or zoned development. B. Rezone criteria. Rezones proposed for properties located within any of the Eastlake Overlay District subareas shall be consistent with the rezone criteria of the underlying zoning, the purpose and intent of the Eastlake Overlay District in Section A and the use characteristics of the subarea in which the property is located: 1. Residential subarea use characteristics. Areas characterized by a mix of residential uses, where existing development is primarily or exclusively in residential use, and/or the intended character of new development in the area is residential. In general, commercial uses are not appropriate in the Residential subarea, except where allowed as incidental to a residential use such as a home occupation. 2. Residential/Mixed Use subarea use characteristics. Areas primarily characterized by a mix of residential uses at and above street level, where non-residential neighborhood serving uses may be located at street level along Eastlake Avenue E. to support Eastlake s residential community and promote pedestrian activity along the street. Residential/Mixed Use areas may already have an Eastlake Overlay-Draft 3 2

3 established residential character or may be appropriate for re-development in primarily residential use to meet Eastlake s housing targets, provide a 24-hour community along Eastlake Avenue E., deemphasize strip commercial development along the arterial, and/or develop uses that are sensitive to and supportive of Fairview Park. Residential uses and single purpose residential structures are allowed outright, without any special use approvals. Non-residential, non-neighborhood serving uses that are otherwise permitted in the underlying zone are allowed if developed in accordance with the subarea standards for their location. 3. Neighborhood Commercial Core/Corners subarea use characteristics. Areas primarily characterized by existing neighborhood commercial development and zoning, where non-residential neighborhood serving uses are required at street level along Eastlake Avenue E. to support Eastlake s residential community and promote pedestrian activity along the street. Residential uses are permitted only in conjunction with a street level neighborhood serving use. 4. Commercial subarea use characteristics. Areas in the south end of Eastlake that are primarily characterized by existing commercial development of a variety of types, sizes and intensities, and are outside of Eastlake s lowrise residential core. This area is appropriate for neighborhood serving uses that do not meet the size limitations and other standards for street level development, and for other more intense commercial development, including maritime uses. Larger scale residential development may also be appropriate in the Commercial subarea, and single purpose residential structures can be considered through the conditional use process Eastlake Overlay District established. There is hereby established, pursuant to Chapter of the Seattle Municipal Code, the Eastlake Overlay District as shown on the Official Land Use Map, Chapter 23.32, and Exhibit A. Four subareas comprise the Eastlake Overlay District: Residential (R); Residential/Mixed Use (R/MU); Neighborhood Commercial Core/Corners (NCC); and Commercial (C) Application of regulations. Land which is located within the Eastlake Overlay District, as shown on Exhibit A, is subject to the regulations of the underlying zones unless specifically modified by the provisions of this chapter. In the event of a conflict between the provisions of this chapter and the underlying zone, the provisions of this chapter shall apply. Properties in the Eastlake Overlay District that lie within the Shoreline District, regulated by the Seattle Shoreline Master Program (SSMP), Chapter 23.60, shall be governed by the SSMP in addition to the underlying zoning and this chapter. Where a conflict exists between the provisions of this chapter and the SSMP, the provisions of the SSMP shall apply Use and development standard departure. Developments that only involve a change in use and do not involve any new construction, expansion of an existing structure, or demolition and redevelopment of an existing structure, may be eligible for departures from the use provisions and development standards of this Chapter through the Design Review process. The Design Review Board and the Director shall base their recommendation and decision on whether to grant any requested departure from the use provisions and development standards of this Chapter on the following factors: A. The extent to which the change of use is consistent with or detracts from the purposes and intent of the Eastlake Overlay District; B. The extent to which other neighborhood objectives, such as preservation of Eastlake s character-defining structures or other objectives described in the Eastlake Neighborhood Plan or by community members participating in the Design Review Process, are achieved. Eastlake Overlay-Draft 3 3

4 Subchapter II Use and Development Standards Uses. A. Definition of street level. For the purposes of this section, street level is defined as the threedimensional area of a site that comprises the footprint of the site and the area that is between the level of Eastlake Avenue E. and thirteen (13) feet above Eastlake Avenue E., whether in or outside of a structure. B. Uses in NCC subareas. All uses permitted, conditionally permitted or prohibited in the underlying zone and SSMP, where applicable, are permitted, conditionally permitted or prohibited in the NCC subareas, except as provided below: 1. Street level uses are limited to those neighborhood serving uses in Exhibit A that are also allowed in the underlying zone and are developed in accordance with the standards in Section , except; a. Accessory parking, residential and other non-specified uses otherwise permitted by the underlying zoning can be located at street level, but only if behind a neighborhood serving use that is developed in accordance with Section B Principal use parking [and off-site accessory parking?] is prohibited in all circumstances at street level. C. Uses in R/MU subareas. All uses permitted, conditionally permitted and prohibited in the underlying zone and SSMP, where applicable, are permitted, conditionally permitted or prohibited in the R/MU subareas, except as provided below: 1. Single-purpose residential structures are permitted outright, without a conditional use; 2. Commercial, other non-residential uses, and parking are prohibited above street level, except parking accessory to uses on the same site may be permitted above street level in order to provide vehicle access from the alley. 3. Street level uses are limited to residential uses and those neighborhood serving uses in Exhibit A that are also allowed in the underlying zone and are developed in accordance with the standards in Section , except: a. Accessory parking and other non-specified uses otherwise permitted by the underlying zoning can be located at street level, but only if behind a residential use or a neighborhood serving use that is developed in accordance with Section C Principal use parking [and off-site accessory parking] is prohibited in all circumstances at street level Development standards for street level neighborhood serving uses. A. When a structure is proposed on a site that requires a street level neighborhood serving use, all facades of the structure along Eastlake Avenue E. shall be developed with the neighborhood serving use in accordance with the standards of this subsection. This provision applies to all structures, including those that have outdoor street level neighborhood serving uses between Eastlake Avenue E. and the front façade of the structure. B. Minimum depth requirement. Street level neighborhood serving uses required along Eastlake Avenue E shall have a minimum average depth of thirty (30) feet, which depth shall at no point be less than fifteen (15) feet. This depth shall be measured as follows: 1. For sites that have no outdoor street level neighborhood serving uses between the structure and the front lot line, the depth shall be measured from the street front façade of the structure. 2. For sites that have outdoor Eastlake Overlay-Draft 3 4

5 street level neighborhood serving uses between the front lot line and the front façade of the structure, the depth shall be measured from the street front façade of the structure regardless of the depth of outdoor neighborhood serving street level use. [Discuss this: do we want to encourage and give credit for any or all outdoor neighborhood serving uses, or for green space in front of buildings? Are outdoor commercial uses too transient for meeting the neighborhood serving use criteria?]; 3. For those sites that have no structures but only outdoor street level neighborhood serving uses along Eastlake Avenue E., the depth shall be measured from the front lot line along Eastlake Avenue E, except that the outdoor neighborhood serving uses may be setback from the front lot line for sidewalk and other pedestrian improvements provided the depth requirements for the street level neighborhood serving use are maintained [this may need to be redone]. C. Street level neighborhood serving uses established in structures along Eastlake Avenue E shall have a minimum floor to floor height of thirteen (13) feet. D. Façades along Eastlake Avenue E. shall be according to , Blank facades in pedestrian-designated zones. E. Except for parking that otherwise meets the standards of this Chapter, no street level use shall exceed the smaller of: 1. The maximum size allowed in the underlying zone; or [and?] 2. Four thousand (4000) square feet, except grocery stores may be up to ( ) square feet [Need to discuss; will be researching possible larger size limits] Vehicle access and curbcut standards for all Eastlake Overlay District subareas. A. Alley access required. In order to mitigate parking access impacts along Eastlake Avenue. E., vehicle access shall be from the alley when the site abuts a platted alley improved to the standards of Section C or when the Director determines that alley access is feasible with or without additional improvements and/or right-of-way dedication, except as provided below: 1. When the site fronts on more than one (1) street in addition to an alley, access may be from the street which is not Eastlake Avenue E.; 2 When the alley is undeveloped and adjacent to a park or other green space and contributes to the character of the park or green space, alley access is not required. B. When the site does not abut an alley, and the site fronts on more than one (1) street, vehicle access shall be from the street which is not Eastlake Avenue E. C. If the site does not abut an improved alley or an alley determined to provide feasible access pursuant to subsection A, and only abuts Eastlake Avenue E, vehicle access may be permitted from Eastlake Avenue E, and such access shall be limited to one (1) two (2) way curbcut. Existing curbcuts along Eastlake Avenue E. shall not be used to provide vehicle access for new development on vacant sites or for substantial redevelopment of a site, including substantial expansion of an existing structure, replacement of an existing structure, and demolition of an existing structure for a new structure or use Required parking in the Eastlake Overlay District. Minimum parking requirements shall be according to the provisions of Section , Required parking Parking location in the Eastlake Overlay District. A. Parking may be located behind the rear of a structure, or may be built into or under a structure, provided the use provisions and development standards in ,.012, and.014 for parking are also met. Parking shall not be located adjacent to Eastlake Avenue E. Eastlake Overlay-Draft 3 5

6 Screening and landscaping standards. [The ENP did not specify any such standards, but a section for them was in DCLU s draft ordinance.] Section #. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision. Section #. 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 Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section Passed by the City Council the day of, 2001, and signed by me in open session in authentication of its passage this day of, President of the City Council Approved by me this day of, 2001., Mayor Filed by me this day of, (SEAL) City Clerk Eastlake Overlay-Draft 3 6

7 EXHIBIT A Street Level Neighborhood Serving Uses 1. Retail sales and services a) Personal and household retail sales and service 1) Multipurpose convenience store 2) General retail sales and service 3) Specialty food store b) Medical services (outpatient) c) Animal services 1) Animal health services 2) Pet grooming services d) Sale of boat parts or accessories e) Eating and drinking establishments 1) Restaurant without cocktail lounge 2) Restaurant with cocktail lounge 3) Fast-food restaurant (750 square feet and under) 4) Tavern 5) Brewpub f) Bed and breakfast 2. Non-household sales and services a) Business support services [consult with DCLU] 3. Offices a) Customer service office b) Administrative office for nonprofit organizations 4. Entertainment a) Performing arts theater b) Lecture and meeting hall c) Motion picture theater 5. Food processing and craft work a) Food processing for human consumption, with a retail component b) Custom and craft work 6. Institutions a) Child care center b) Museum c) School, elementary or secondary d) Community center e) Community club f) Vocational or fine arts school g) Religious facility [still need to discuss] Eastlake Overlay-Draft 3 7

8 h) [How are libraries classified? Should they go here?] 7. Open space a) Park b) Playground 8. Horticultural uses Eastlake Overlay-Draft 3 8