23.49.041

When authorized by the Director pursuant to this Section 23.49.041 , lots located on the same block in DOC1, DOC2, or DMC 340/290-440 zones, or lots zoned DOC1 and DMC on the same block, may be combined, whether contiguous or not, solely for the purpose of allowing some or all of the capacity for chargeable floor area on one such lot under this Chapter 23.49 to be used on one or more other lots, according to the following provisions: A. Up to all of the capacity on one lot, referred to in this Section 23.49.041 as the "sending lot," for chargeable floor area in addition to the base FAR, pursuant to Section 23.49.011 (referred to in this Section 23.49.041 as "bonus capacity"), may be used on one or more other lots, subject to compliance with all conditions to use of such bonus capacity, pursuant to Sections 23.49.011 through 23.49.014 , as modified in this Section 23.49.041 . For purposes of applying any conditions related to amenities or features provided on site under Section 23.49.013 , only the lot or lots on which such bonus capacity shall be used are considered to be the lot or site using a bonus. Criteria for use of bonus that apply to the structure or structures shall be applied only to the structure(s) on the lots using the transferred bonus capacity. B. Only if all of the bonus capacity on one lot shall be used on other lots pursuant to this Section 23.49.041 , there may also be transferred from the sending lot, to one or more such other lots, up to all of the unused base FAR on the sending lot, without regard to limits on the transfer or on use of TDR in Section 23.49.014 . Such transfer shall be treated as a transfer of TDR for purposes of determining remaining development capacity on the sending lot and TDR available to transfer under Section 23.49.014 , but shall be treated as additional base FAR on the other lots, and to the extent so treated shall not qualify such lots for bonus development. If less than all of the bonus capacity of the sending lot shall be used on such other lots, then unused base FAR on the sending lot still may be transferred to the extent permitted for within-block TDR under Section 23.49.014 , and if the sending lot qualifies for transfer of TDR under any other category of sending lot in Table A for 23.49.014, such unused base FAR may be transferred to the extent permitted for such category, but in each case only to satisfy in part the conditions to use of bonus capacity, not as additional base FAR. C. To the extent permitted by the Director, the maximum chargeable floor area for any one or more lots in the combined lot development may be increased up to the combined maximum chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development. To the extent permitted by the Director, and subject to subsection 23.49.041.B, the base floor area for any one or more lots in the combined lot development may be increased up to the combined maximum base chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development. D. The Director shall allow combined lot development only to the extent that the Director determines in a Type II land use decision that permitting more chargeable floor area than would otherwise be allowed on a lot shall result in a significant public benefit. In addition to features for which floor area bonuses are granted, the Director may also consider the public benefits listed in subsections 23.49.041.D.1 through 23.49.041.D.8 that could satisfy this condition when provided for as a result of the lot combination. When issuing a decision on a Type II decision for combined lot development the Director shall include a written report with a detailed description of the public benefit(s) received, how the public benefit(s) serves the general public and that the public benefit(s) are not also used to meet required land use code requirements or other requirements in the Seattle Municipal Code for development. 1. Preservation of a Landmark structure located on the block or adjacent blocks; 2. Uses serving the downtown residential community, such as a grocery store, at appropriate locations; 3. Public facilities serving the Downtown population, including schools, parks, community centers, human service facilities, and clinics; 4. Transportation facilities promoting pedestrian circulation and transit use, including through-block pedestrian connections, transit stations, and bus layover facilities; 5. Dwelling units exceeding the requirements under Chapters 23.58B and 23.58C ; 6. Public view protection within an area; 7. Arts and cultural facilities, including a museum or museum expansion space; or 8. Green stormwater infrastructure beyond the requirements of Chapters 22.800 through 22.808 . E. The fee owners of each of the combined lots shall execute an appropriate agreement or instrument, which shall include the legal descriptions of each lot and shall be recorded with the King County Recorder's Office. In the agreement or instrument, the owners shall acknowledge the extent to which development capacity on each sending lot is reduced by the use of such capacity on another lot or lots, at least for so long as the chargeable floor area for which such capacity is used remains on such other lot or lots. The deed or instrument shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by the parties and by the City of Seattle. F. Nothing in this Section 23.49.041 shall allow the development on any lot in a combined lot development to exceed or deviate from height limits or other development standards. (Ord. 126855 , § 34, 2023; Ord. 125291 , § 22, 2017; Ord. 124952 , § 20, 2015; Ord. 124843 , § 41, 2015; Ord. 123046, § 65, 2009; Ord. 122054 § 40, 2006.)