23.61.016

A. The Director may recommend that the Council approve a development agreement pursuant to Chapter 36.70B RCW for real property within the Station Area Overlay District. B. The Director's recommendation shall be informed by a coordinated development plan or urban design framework that the Director has developed through a community involvement process. C. The Director may recommend a development agreement in the following Station Area Overlay Districts: 1. Capitol Hill Station Area Overlay District. a. The proposed development agreement shall be for the development of real property that: 1) Is owned by or under the control of a regional transit authority authorized under Chapter 81.112 RCW for the purpose of developing a light rail transit station; and 2) Is contiguous or is bisected only by streets, alleys, or other public rights of way. b. The proposed development agreement may set forth development standards that vary from otherwise applicable development regulations, subject to the following limitations: 1) Any additional structure height allowed may not exceed 85 feet, except, where the underlying zone designation is Neighborhood Commercial, structures may exceed 85 feet as provided for in subsection 23.47A.012.D; 2) Uses prohibited in the underlying zone shall not be permitted; 3) FAR requirements may be varied for an individual lot, however, the total FAR as calculated for all lots under the proposed development agreement shall not exceed six; 4) Variations of Green Factor requirements for an individual lot shall not result in a Green Factor ratio for the aggregated lots that is less than the ratio that would result from imposition of otherwise applicable Green Factor requirements to all individual lots; and 5) The provisions of Chapter 23.41 shall apply to development proposals within the scope of the development agreement, except that the recommendation of the Design Review Board shall be consistent with the development agreement, and if there is a conflict between a Design Review Board recommendation and the terms of the development agreement, the latter shall prevail. D. The Director shall prepare a written report on a proposed development agreement. The Director shall submit the report and proposed development agreement to the Council after any applicable SEPA appeal period has lapsed without an appeal being initiated or, if a SEPA appeal is timely initiated, after the Hearing Examiner issues a decision affirming the Director's compliance with SEPA. The report shall include: 1. An evaluation of the proposed development agreement's consistency with any applicable coordinated development plan or urban design framework that the Director has developed through a community involvement process and any applicable Comprehensive Plan goals and policies; 2. Proposed development standards for the site; and 3. The Director's recommendation. E. The Council shall hold a public hearing on the proposed development agreement. Notice of the hearing shall be provided at least 30 days prior to the hearing by inclusion in the Land Use Information Bulletin. F. If the Council determines to approve a proposed development agreement, the Council may: 1. Set forth development standards that vary from otherwise applicable development regulations, subject to any applicable limitations in subsection 23.61.016.C; and 2. Set forth other provisions, unrelated to development standards, that the Council deems appropriate. G. After its approval by the Council and after all parties to the development agreement approve and execute it, the City Clerk shall record the development agreement in the real property records of King County. H. Nothing in this Section 23.61.016 limits the Council's authority to enter into a development agreement authorized by Chapter 36.70B RCW in situations other than those described in subsection 23.61.016.C. (Ord. 123711, § 1, 2011.)