Record No: CB 120697    Version: 1 Council Bill No: CB 120697
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 11/7/2023
Ordinance No: Ord 126927
Title: AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 112 of the Official Land Use Map to rezone parcels located at 2210 East Cherry Street from Neighborhood Commercial 1 with a 40 foot height limit and M Mandatory Housing Affordability suffix (NC1-40 (M)) to Neighborhood Commercial 1 with a 65 foot height limit and M1 Mandatory Housing Affordability suffix (NC1-65 (M1)) and from Neighborhood Commercial 1 with a 40 foot height limit and M2 Mandatory Housing Affordability Suffix (NC1 40 (M2)) to Neighborhood Commercial 1 with a 65 foot height limit and M2 Mandatory Housing Affordability suffix (NC1-65 (M2)) and accepting a Property Use and Development Agreements as a condition of rezone approval. (Application of Acer House, LLC, C.F. 314474, SDCI Project 3037185-LU)
Sponsors: Dan Strauss
Attachments: 1. Ex A - Rezone Map, 2. Ex B - Property Use and Development Agreement v2, 3. Ex B - Property Use and Development Agreement v1
Supporting documents: 1. Summary and Fiscal Note, 2. Proposed Substitute – Ex B, 3. Signed Ordinance 126927, 4. Affidavit of Publication
Related files: CF 314474

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 112 of the Official Land Use Map to rezone parcels located at 2210 East Cherry Street from Neighborhood Commercial 1 with a 40 foot height limit and M Mandatory Housing Affordability suffix (NC1-40 (M)) to Neighborhood Commercial 1 with a 65 foot height limit and M1 Mandatory Housing Affordability suffix (NC1-65 (M1)) and from Neighborhood Commercial 1 with a 40 foot height limit and M2 Mandatory Housing Affordability Suffix (NC1 40 (M2)) to Neighborhood Commercial 1 with a 65 foot height limit and M2 Mandatory Housing Affordability suffix (NC1-65 (M2)) and accepting a Property Use and Development Agreements as a condition of rezone approval. (Application of Acer House, LLC, C.F. 314474, SDCI Project 3037185-LU)

body

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This ordinance rezones the following legally described property commonly known as 2210 East Cherry Street:

PARCELS #912610--1695, 912610--1685 & 912610--1681 

(PER STEWART TITLE INSURANCE COMPANY ORDER NO. 820537, DATED JUNE 30, 2020)

PARCELS A, C, AND C, CITY OF SEATTLE LOT BOUNDARY ADJUSTMENT NO. 3032095-LU, RECORDED UNDER RECORDING NO. 20181024900003, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING STATE OF WASHINGTON.

PARCEL #912610--1705

(PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4201--3523432, DATED JULY 15, 2020)

THE EASTERLY 2/3 OF LOTS 11 AND 12, BLOCK 17, WALLA WALLA ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 81, IN KING COUNTY, WASHINGTON.

PARCEL #912610--1725

(PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4201--3547292, DATED AUGUST 07, 2020)

LOT 13, BLOCK 17 WALLA WALLA ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 81, IN KING COUNTY, WASHINGTON.

PARCEL #912610--1730

(PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4201--3547283, DATED AUGUST 07, 2020)

LOT 14, BLOCK 17 WALLA WALLA ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 81, IN KING COUNTY, WASHINGTON.

PARCEL #912610--1706

(PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4201--3523524, DATED JULY 15, 2020)

THE WEST ONE-THIRD OF LOTS 11 AND 12, BLOCK 17, WALLA WALLA ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 81, IN KING COUNTY, WASHINGTON.

 

Section 2. Page 112 of the Official Land Use Map, Seattle Municipal Code Section 23.32.016, is amended to rezone parcels 912610-1705, 912610-1725, 912610-1730, and 912610-1706 of the Property described in Section 1 of this ordinance from Neighborhood Commercial 1 with a 40 foot height limit and M Mandatory Housing Affordability suffix (NC1-40 (M)) to Neighborhood Commercial 1 with a 65 foot height limit and M1 Mandatory Housing Affordability suffix (NC1-65 (M1)) and to rezone parcels 912610-1695, 912610-1685, and 912610-1681 of the Property from Neighborhood Commercial 1 with a 40 foot height limit and M2 Mandatory Housing Affordability Suffix (NC1 40 (M2)) to Neighborhood Commercial 1 with a 65 foot height limit and M2 Mandatory Housing Affordability suffix (NC1-65 (M2)), all as shown in Exhibit A to this ordinance.  Approval of this rezone is conditioned upon complying with the Property Use and Development Agreement (PUDA) approved in Section 3 of this ordinance.

Section 3. The PUDA attached to this ordinance as Exhibit B is approved and accepted.

Section 4. The City Clerk is authorized and directed to file the PUDA with the King County Recorder’s Office; to file the original PUDA along with this ordinance at the City Clerk’s Office upon return of the recorded PUDA from the King County Recorder’s Office; and to deliver copies of the PUDA and this ordinance to the Director of the Seattle Department of Construction and Inspections and to the King County Assessor’s Office.

 

Section 5. This ordinance, effectuating a quasi-judicial decision of the City Council and not subject to Mayoral approval or disapproval, shall take effect and be in force 30 days from and after its passage and approval by the City Council.

Passed by the City Council the ________ day of _________________________, 2023, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2023.

____________________________________

President ____________ of the City Council

Filed by me this ________ day of _________________________, 2023.

____________________________________

Scheereen Dedman, City Clerk

(Seal)

 

Exhibits:

Exhibit A - Rezone Map

Exhibit B - Property Use and Development Agreement for 2210 East Cherry Street