IV. Jurisdiction Surveys

C. Seattle, Washington

Although the city of Seattle development regulations have a low base floor area ratio (FAR), they allow property owners to increase their development potential by getting FAR bonuses for some benefit features. Owners can also purchase TDRs in some downtown zones, particularly from low-income housing or landmark theatre sites. Property owners in the Downtown Zone can obtain FAR bonuses through either public benefit features or the transfer of development rights.

1. Public Benefit Features

Features can be eligible for a bonus within only a particular section or throughout the zone. See Director’s Rule (DR), Chart A, p. 4. The downtown harborfront, for example, allows the least bonuses — only for harborfront open space (Seattle wants to maintain views from the center of the city.). As one gets farther from the “downtown office core,” the amount of allowable bonuses lessens. See id. Cinemas, rooftop gardens, small site developments, human services, childcare, theatres, public atriums and housing are eligible for bonuses in the most downtown locations. See id. Bonuses are occasionally also available for such things as shopping malls, urban plazas, parks, and aesthetic and infrastructure improvements (green areas, sculpted rooftops, widened sidewalks, parking, transit station access, etc.). See id.

The intent of promoting these features is to bring life and beauty to the downtown area. While the planners want to bring pedestrian activity to the zone, they are also concerned with protection from the weather in Seattle. Most of the shopping and theatre attractions must provide overhead cover, with additional bonuses for natural lighting. See DR, 19. Open spaces must accommodate respites from the city bustle as well as opportunities for some retail uses, and temporary events and gatherings. See DR, 21. Public parks also must have a set percentage of overhead cover, much of which must be transparent. See DR, 26.

a. Bonusable Area Standards

These standards, which cannot be modified, set the minimum and maximum size of a public benefit feature that is eligible for a bonus as well as its location. See DR, 5.

b. Basic Standards

These more flexible standards cover the area and dimensions of a feature, requirements for retail uses, and hours of operations. See DR, 5. They can only be modified if the applicant can prove, through a special review during the analysis of the project’s Master Use Permit, that the modification will create a better project (preservation of open space, landmarks, housing; or to create additional amenities). See DR, 5.

c. Design Standards

These guidelines show how a feature should be designed, with some room for the creativity of the individual project. See DR, 6. While these guidelines are flexible, some percentages are not (e.g., amounts for landscaping) unless allowed via the above-mentioned modification process. See DR, 6.

d. Timing of Bonus Feature Installation

All public benefit features but housing and landmark performing arts theatres must be installed by the time required in Chart B (DR, 7), or the director may stop any further occupation of the building. See DR, 6. The director will never issue the “Final Certificate of Occupancy” until all the features exist. See DR, 6. By the same token these features must remain intact and properly maintained for the life of the building that has been granted additional floor area because of those features. See DR, 6, 8. For the life of the building, the director must approve any changes to features. See id. All public space features must be free of charge. See DR, 8.

e. Public Art

Artwork is required in most public benefit features and must be an integral part of the design of the public spaces. See DR, 9. The artwork must be readily visible, preferably from the street. See id. The property owner is responsible for maintenance of the artwork for the life of the building.

f. Landscaping, Furnishing and Safety

Landscaping for public spaces is subject to approval by the director. See DR, 11. These public spaces must include seating areas, and landscaped areas must meet safety requirements, day and night. See id.

2. Human Services and Child Care

These facilities are to provide a variety of locations downtown for such services, “so they can be located near the population they serve.” See DR, 74. All such facilities must be approved by the Department of Housing and Human Services (DHHS) and must have security that the projects will be completed. See DR, 82.

Property owners can either create a site for human services (in their building or elsewhere) and or donate a set amount of money to “the Downtown Health and Human Services Fund.” See DR, 74. All site proposals are subject to approval by the director of the Department of Construction and Land Use (DCLU) to assure proper locations and amounts of such services downtown. See DR, 78. The services must also meet standards set by the DHHS. See id. An owner who chooses the performance option must commit to maintaining the service for at least five years. See DR, 77. If, after that time, the demographics or needs of the area change, and the service is no longer needed, the owner can buy out the service and use the area as desired. See id.

Childcare services can also warrant FAR bonuses. These services can be provided on or offsite, but some percentage of children must include low-income clients. See DR, 79. The service can also reserve spots for children of building employees. See id. The property owner must commit to maintaining the child care service for at least three years, at which time the owner can exercise a buy-out option if the service is no longer needed. See DR, 83. The buy-out funds go to “the Downtown Health and Human Services Fund.” See id.

3. Downtown Housing Bonus Program

This program promotes the preservation and construction of low and low-moderate income housing. The housing bonus can be received for new construction, rehabilitation of vacant residences, conversion of commercial buildings to residences, and the mix of commercial and residential uses in one building (all new work must include provision for security for completion). See DR, 84. The property owner can also directly subsidize housing or, in some areas of the downtown zone, purchase TDRs. See id. Also, the owner can make a cash contribution through subsidies or to a DHHS-approved housing fund or developer. See id. Cash options equate dollar amounts to commercial square feet. See DR, 85. The housing must be affordable to the intended market for at least 20 years. See DR, 86. However, property owners may buy out the housing after 10 years at present actual market cost (determined by DHHS) for providing comparable housing. See id.

Seattle also provides a TDR program to preserve low-income housing in the downtown area. See DR, 91. Only developers in office cores and mixed commercial areas of downtown can use this option for bonus FARs. See id. Commercial developers can purchase development rights from owners of low-income housing or from Seattle’s TDR bank, which is run by DHHS. See id. If an existing structure has been vacant since Jan. 1, 1983, and a developer rehabilitates it, one quarter of the units must be low income, with the rest being moderate income. See DR, 95.

4. TDR's from Landmark Structures

Such TDR's are meant to encourage preservation, restoration, and rehabilitation of Seattle’s architectural and historic heritage. See DR, 96. Most of the qualifying landmarks are in certain historic sections of Seattle. See id. The developer who wishes to exercise this option must get approval from the Seattle Landmarks Preservation Board and be able to show how the landmark will be restored. See id.

Seattle has a special TDR program for “Landmark Performing Arts Theatres” in order to promote culture and quality of life within the city. See DR, 98. Such structures can become “Priority TDR's” over other landmark TDR's. See id. Money from the sale of priority TDR's goes to rehabilitating the theatres (See id.), which must be maintained and used as theatres for at least 40 years. See DR, 103.

A developer cannot, in rehabilitating a priority TDR, eliminate existing low-income housing. See DR, 104. If such cannot be helped, the developer can mitigate by getting approval to replace the housing elsewhere. See id. If low-income people did not occupy the housing for a year prior, that effort is not required. See id. Replacement housing must be in a downtown zone or within a “downtown Special Objective Area.” See DR, 105. “A Memorandum of Use Covenants and Easements shall be recorded against the title to the replacement housing to ensure that” it will remain for at least 20 years. See id.

5. EXAMPLE: Proposal for a 9-story waterfront hotel and parking with restaurant, meeting rooms, lounge and shops

Because the waterfront area only allows increased FARs through Harborfront Open Space initiatives, the Marriott in this case proposed two such actions. See Master Use Permit Decision (MUPD), 3. The developer proposed 9,624 square feet of open space on the Bell Street Pier and financing other off-site improvements to pedestrian links between Bell town and the waterfront in order to gain an additional FAR of 34,480 square feet. See MUPD, 3-4. The two Bell Pier open spaces will include landscaping features and the required seating. See MUPD, 4. These proposals and the accompanying FAR were granted by the DCLU.

A concern of the DCLU and the public was that the structure would partially impede views of Elliot Bay and the Olympic Mountains beyond. See MUPD, 5. The hotel developer worked with these concerns and made architectural changes to allow views between rooftops, setting back the building to allow views from a nearby overlook, and lowering elevator shaft designs to allow the proper percentage of viewing of the mountains from a nearby park. See MUPD, 5-6. The hotel also accommodated city concerns by creating landscaped terraces to its facade, providing a better pedestrian environment during all types of weather, creating a street plaza as a public space with permanent seating, and building a hill climb with sufficient public art. See MUPD, 9-15. While none of these accommodations were required in this particular case for increased FAR, that the City Council and DCLU so strongly “recommended” them shows the city’s commitment to such aesthetic and infrastructure improvements by new developers.