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Record No: CB 120108    Version: 1 Council Bill No: CB 120108
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/2/2021
Ordinance No: Ord 126403
Title: AN ORDINANCE relating to redevelopment at the Yesler Terrace Master Planned Community; amending Section 23.75.160 of the Seattle Municipal Code; and replacing Exhibit C, Tree Protection Plan, of Ordinance 123962.
Sponsors: Dan Strauss
Attachments: 1. Att A - Exhibit C to Ord. 123962 (July 25, 2012), 2. Att B - Updated Exhibit C to Ord. 123962 v2, 3. Att B - Updated Exhibit C to Ord. 123962 v1
Supporting documents: 1. Summary and Fiscal Note, 2. Director's Report, 3. Central Staff Memo (7/7/21), 4. Presentation (7/14/21), 5. Presentation (added 7-14-21), 6. Proposed Amendment 1, 7. Proposed Amendment 2, 8. Proposed Amendment 3, 9. Signed Ordinance 126403, 10. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to redevelopment at the Yesler Terrace Master Planned Community; amending Section 23.75.160 of the Seattle Municipal Code; and replacing Exhibit C, Tree Protection Plan, of Ordinance 123962.

body

WHEREAS, The City of Seattle (“City”) has adopted a Comprehensive Plan complying with the Washington State Growth Management Act (GMA), and through Ordinance 123575 adopted Comprehensive Plan amendments to designate Yesler Terrace as a Master Planned Community site on the Future Land Use Map in anticipation of redevelopment of the site; and

WHEREAS, the City has identified impacts to tree canopy for the redevelopment of Yesler Terrace as a planned action in the 2011 Yesler Terrace Redevelopment Final Environmental Impact Statement (EIS) and is issuing a 2019 State Environmental Policy Act (SEPA) addendum to the Final EIS; and

WHEREAS, the City Council adopted Ordinance 123962 to designate certain redevelopment at Yesler Terrace as planned actions pursuant to the State Environmental Policy Act through use of a planned action ordinance, and established certain requirements for these planned actions, including a Tree Protection Plan; and

WHEREAS, Exhibit C to Ordinance 123962 is a Tree Protection Plan requiring protection of certain existing trees over the course of redevelopment at Yesler Terrace; and

WHEREAS, after adoption of the Tree Protection Plan in 2012, the City approved a street system layout for Yesler Terrace different from that contemplated by the Tree Protection Plan, and use of the plan since adoption has shown it contains errors in the tree inventory and designations, necessitating an update to the Overview and Block 7 maps and the Tree Protection Plan Inventory included in Exhibit C to Ordinance 123962; and

WHEREAS, the City Council is considering, as contained in Resolution 31902, updating Chapter 25.11, Tree Protection, of the Seattle Municipal Code to include provisions allowing for replanting on sites other than those undergoing development, including rights-of-way, and payment in lieu of replanting; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.75.160 of the Seattle Municipal Code, last amended by Ordinance 125603, is amended as follows:

23.75.160 Landscaping, street trees, and tree protection

* * *

C. Except for any proposal that meets the planned action ordinance within the MPC zone, Chapter 25.11 shall apply to proposed development, provided that proposals that meet the planned action ordinance within the MPC-YT zone shall have the option to use:

1. Off-site replanting outside the boundaries of the MPC-YT zone; and

2. Payment in lieu of replanting if allowed pursuant to Chapter 25.11. ((All proposed development shall comply with the requirements of Sections 25.11.050, 25.11.070, and 25.11.080.))

Section 2. Ordinance 123962 is amended by replacing Exhibit C, included as Attachment A to this ordinance, with a new Exhibit C, included as Attachment B to this ordinance.

Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2021, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2021.

____________________________________

President ____________ of the City Council

Approved / returned unsigned / vetoed this ________ day of _________________, 2021.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2021.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

Attachment A - Exhibit C to Ordinance 123962, Yesler Terrace Planned Action Tree Protection Plan (July 25, 2012)

Attachment B - Updated Exhibit C to Ordinance 123962, Yesler Terrace Planned Action Tree Protection Plan