Memorandum

DATE:            March 20, 2008

TO:                 Shoreline Planning Commission

FROM:           Paul Cohen, Senior Planner

RE:                 Code Amendments to Address CB, RB, I Moratorium

The Planning Commission met March 13, 2008 to study the proposed transition area requirements.  Generally, the commission seemed be comfortable with the proposed amendments knowing that further refinements are likely to come out of future subarea planning.  Below are the some of the key suggestions and questions.   

1. Type I Landscape Area –

• Assure that the evergreen screen planted along the abutting property line is maintained and replanted.  This will require an easement to ensure the landscape area is legally established with the condition that trees will be replaced if lost or removed.  See changes to the code amendment.
• Assure that a possible utility easement cannot cut into or replace the required landscape buffer.  Currently the code exempts utility easements in required landscaping. See changes to the code amendment.
• Be flexible about the possibility that abutting single family lots may prefer solar access over a dense screen of evergreens. See changes to the code amendments.
• Assure that the Type I trees are planted at a larger size and can obtain effective height to screen.  See changes to the code amendment below.
• Provide additional landscaping for the adjoining single family property.    It would be simple to prescribe a landscape but it would be asserting our taste onto the adjoining property.  If it isn’t to their liking and the developer needs pass inspection then it could easily be entangled with drawn out negotiations between the landscape demands of the property owner and the willingness of the developer. Staff recommend not to amend the code on this topic.

2. Define or simplify the terms of “Buffer”, “Setback”, “Inset”, and “Transition”. See changes to the code amendment below.

3. Surface parking lots allowed behind a building that is abutting a single family zone may be undesirable.  Under this proposed code amendment surface parking lots would be allowed because the 20 foot landscape area with plants and fence would effectively screen parking and it would provide additional building setback.   Staff believes that with the transition requirements the remaining buildable area will be a premium and likely result in underground or under-building parking. Staff recommend not to amend the code on this topic.

Currently, the Development Code has one area that conflicts with the moratorium intent and two areas where the amendment needs to be repeated since it does not have its own code section. 

• Delete: Dimensional Standards allows R-48 zoning adjacent to single family to reach heights of 50 and 60 feet (SMC 20.50.020 – Exception 9). 
• Replace SMC 20.50.020(2)(2) Transition Areas for Industrial zones with Densities and Dimensions Standards for Residential Development in Nonresidential Zones (SMC 20.50.020(2) – Exception 2). 
• Replace SMC 20.50.020(2)(2) Transition Areas for Industrial zones with Dimensions for Commercial Development in Commercial Zones (SMC 20.50.230 - Exception 4).  It is recommended by the city attorney that repeating this language would be redundant and that citing the code language under SMC 20.50.020 – Exception 2 would suffice.   See changes to the code amendment below.

Revised Proposed Amendment for Transition Area Requirements (Attachment C) in italics followed by staff comments.

(1) All development in CB, RB, or I  zones abutting to or across a  rights–of-way from single family zones R-4, R-6, or R-8 shall meet transition area requirements.

The reason to include only properties abutting or across rights-of-ways is to simplify which commercial zoned properites are affected by the transition area requirements and to show the effects of transition area requirements the first 100 feet into a commercial property rather than the moratorium’s limit of any property touched by the 90-foot margin around single family.  This defintionof transition areas affects fewer properties than those affected by the mortatorium.

(a)  A 35-foot maximum building height at the required setback and a building envelope within a 2 horizontal to 1 vertical slope up to the maximum building height for the commercial zone.  

The intent is to match the adjacent maximum single family building height on the commercial property with the current 20 foot setback and then use a 2:1 building envelop.  This will reduce the looming quality of a 60 foot high façade with decks peering into single family backyards (Attachment D).

(b)  Building facades abutting R-4, R-6, and R-8 zones must have additional setbacks for every 50 horizontal feet of façade.  The additional setbacks must be a minimum 800 square feet of open ground with a minimum 20 foot horizontal dimension.  

The intent is to complement the 35-foot height limt of single family with a horizontal element to break up the potential for a broad and voluminous building mass for more of a single family house scale.  Each inset will potentially remove three, 800 square foot apartments.      

(c)  Transition area setbacks shall contain Type I landscaping along property lines abutting R-4, R-6, and R-8 zones and Type II landscaping along property lines with right-of-ways across from R-4, R-6, R-8 zones. A solid, 8-foot in height  fence shall be placed on the abutting property line.  Patio or outdoor recreation areas are allowed up to 20% of landscape area and no less than 10 feet from abutting property lines if Type I landscaping can be effectively grow.   Required trees species shall be selected to grow a minimum height of 50 feet.  The option for a written agreement with the abutting property owners to delete or substitute tree varieties must be offered by the developer and submitted to the City.  The entire length and 20- foot wide landscape area shall be a recorded easement that requires plant replacement as needed to meet Type I landscaping.  No utility easements can encroach into the landscaping requirements.     

The intent is to provide ample landscape area to grow Type I landscaping abutting single family.  Type I acts as a screen with mostly native conifers, 10 feet in height at planting and planted 10 feet apart with shrubs 3 feet apart.  Patio and outdoor recreation areas are limited to provide more privacy to the single family properties.

Overall, this amendment patch is to make compliance simple and clear while protecting the single family neighborhoods.  Staff’s intent is to look at the development code more wholistically for our design and dimensional standards to be more coordinated.    

Attachments:

A.  Moratorium 488

B.  City Map of Affected Properties

C.  Proposed Code Amendments

D.  Cross–Sections

E.   Public Comment Letters