ZCC addresses comments from BIA and others: Civic Design Review is modified and a two-stage permit process is introduced

ZCC Special Session

At a special meeting of the ZCC, consultants focused attention on select changes to the draft zoning code. The December 1 presentation addressed only issues raised by a significant number of groups or individuals, although all comments are being considered by the Work Plan Committee as it prepares a final draft for City Council. Consultants described how some conflicts were resolved and others are still being hashed out. Comments from developers and neighborhood groups about Civic Design Review (CDR), for example, had mixed results – the maximum timeline for CDR was reduced from 90 to 60 days for up to two meetings, but the development thresholds that trigger CDR remain the same. The changes to CDR, a new two-stage permitting process, and minimum lot area generated the most discussion.

Throughout the zoning code reform process, public involvement in the development review process was raised as a primary concern. Developers and civic organizations alike have submitted comments related to proposed public notice requirements and the CDR process. Community groups generally want more opportunities to review projects in their neighborhoods, while developers want to make the approval process more efficient and timely. Although the ZCC believes the public should be engaged in a meaningful way, requests for additional time to review projects were denied and the timeline for CDR was shortened to 60 days. The ZCC did not raise development thresholds that trigger CDR as recommended by some developers, or lower them as requested by community groups. And requests to make the findings of CDR a factor in permit decisions was also denied – Civic Design Review remains advisory.

In response to comments about the extended CDR timeline and new form and design controls in the code, consultants introduced a new two-stage permitting process that is available at the applicant’s option. The process is intended to give applicants a reasonable degree of comfort about a site’s development potential before substantial investment is made in project design. A preliminary permit would confirm compliance with uses, dimensions, FAR bonuses, TODs, open space and natural resource requirements, subdivision regulations, and amount of parking. A final permit would confirm compliance with form and design controls and standards for parking design, connectivity, landscaping, fencing, lighting, and signs. CDR would take place before a final permit is issued. Reaction from ZCC members, however, raised concerns about giving a false sense of security at the preliminary permit stage that a final approval is guaranteed. Consultants suggested that language may be needed to clarify that the preliminary permit has no weight in final decisions by the ZBA or L&I.

Other changes and on-going issues were noted, but remain unresolved. Examples include sky plane controls that are currently being tested and refined, regulations for Bed and Breakfasts that are still under consideration, and visitability requirements that may be increased. Commission members Richard Demarco and Greg Pastore added topics to that list. They want the ZCC to look more carefully at minimum lot area, lot width, height, and setbacks for small rowhome neighborhoods. Mr. Pastore would also like the ZCC to consider minimum lot area per dwelling unit for multi-family developments.

Comments from the public included requests to make inclusionary housing programs mandatory, to clarify the amount of occupied areas permitted on residential lots, consider the impacts of new height limits on certain neighborhoods, to map historic districts, and to raise standards for use variances and visitability. In addition, the remapping needed to implement the new code remains a concern. “Remapping is going to be the biggest issue,” David Feldman of Right-Sized Homes said. Craig Schelter of the Development Workshop agreed. “Remapping will determine how people feel about this code.”

View the December 1 PowerPoint presentation.