Remand of the Approval Granted through CF 314356 for a Contract Rezone: Application of 70th & Greenwood Ave, LLC to rezone an approximately 12,188 square foot site located at 7009 Greenwood Avenue North from Neighborhood Commercial 2 with a 40-foot height limit (NC2-40) to Neighborhood Commercial 2 with a 55-foot height limit and M Mandatory Housing Affordability suffix (NC2-55 (M)) (Project No. 3023260; Type IV).
The Report of the Planning Land Use and Zoning Committee Clerk file 314425. Remand of the approval granted through clerk file 3143564a contract rezone application of 17th and Greenwood Avenue, LLC C Terry Zone An approximate 12,000 188 square foot site located at 7009 Greenwood Avenue North from neighborhood commercial two with a 40 foot height limit to neighborhood commercial two with a 55 foot height limit and a mandatory housing affordability suffix. The committee recommends the council grant the application as conditioned and the report of City Council of the City Council Council Bill 119511 an ordinance relating to land use and zoning affirming the reason approved ordinance 125640 and accepting and amending property use and development agreement as condition as a condition of the zone approval introduced May six, 2019. Thank you very much, Councilmember Brian. Thank you, colleagues. If you recall, last fall, we we had a process where we went through this and made an approval of the contract free zone that was appealed to King County Superior Court. King County Superior Court remanded it for to address the issue of the transition that came to the committee about a month ago. In the committee, we had 5 minutes of what's the right word, testimony, I guess, from both sides, and then made a recommendation. That recommendation was giving direction to staff on how to proceed. They revised the the puta, the property use development agreement and we have those now before us today. There's the clerk file, which is the findings, conclusions and decision, and I'll talk to that first. And then the second item is an ordinance which brings in the the powder highlight just on page three of the clerk file, the what the Superior Court directed us to do pursuant to R.S. W 36.7 3.140. The contract rezoning, approval and Property Use and Development Agreement are hereby remanded to the City Council to address compliance with SM c23 .34.009 Deed two, which requires that a gradual transition in height and scale and level of activity between zones shall be provided unless major physical buffers, as described in subsection, are present in the area where the commercial lot 287710-4100 shares the rear boundary line with the single family residential lot at 7010 Palatine Avenue North. We discussed a couple of options in committee and ultimately chose to set aside the rear lot of the lot defined there as the buffer in the findings of fact for the this click file. I want to read the second one in particular. It says The rear yard of the single family residential lot at 7010, Palatine Avenue North can be modified to provide a landscaped open space that could be integrated into the landscaped open space on single family residential lot. And then it lists a lot number, which I believe is the lot immediately to the south of it. And then in our conclusions we add a conclusion section. This is also on page four that says a landscaped open space in the rear yard of the single family residential lot of 7010 Palatine Avenue North provides a physical open space buffer between land use, between land uses and allows for a gradual transition between the height and scale of the neighborhood commercial zone on either side of the property and the single family zone on the west side of the property. That's about all I have to say on this. If folks have questions, I'm more than happy to move forward. I should say that we'll need to substitute version two of the file for version one, so maybe I'll go ahead and move the substitution. Now let's take the substitution first. That's the easiest one. So go ahead and formally move the substitution. I guess I could take that as your form of motion informal movement there a second. It's been moved to second and you make the substitution as. Stated by Councilmember O'Brien. This is a subscription only all those in favor say I. I oppose. The ayes have it. So the bill is substituted. Cosmo O'Brien Did you have any more words to say on the clerk file or the bill itself? I do not. Read any questions for many of our colleagues on this matter. Okay. CHEERING Then I want to thank everyone for testifying and thank you for doing the committee work on this and listening testimony, I think on more than one occasion. So that being said, we will move to to vote those in favor of granting the application as condition. Please vote i. I those opposed vote no. The motion carries the application is granted as condition and the chair will sign the findings, conclusions and the decision of the City Council on the Council Bill. I will move it past council. Bill 11951. I'm sorry. Let's go. Councilmember Brian is pointing in. That means hold. Up. I believe the puta as amended. I'm looking at kettle here. Do I need to just substitute the updated puter as the attachment? So I will move to update to amend the ordinance to update the attached to the with the one that has been completed and in front of us in our packet today. Just so I'm clear before it's second and you're basically amending the council bill 119511, correct? Correct. Okay. Their second. Okay. All those in favor of the amendment adding the puta two counts. Bill 119511. Say I, I oppose the ayes have it. And now we have an amended council. Bill, any further words to say on this one? Okay. At this point I'll move to Kath to pass counts bill 119511 as amended. All those in favor say please call the roll on the passenger bill. Let's do it that way. Herbold, I. Or as Mr. O'Brien. Hi, Jacob. I Sergeant Gonzalez. Hi, President Harrell. I aid in favor and unopposed. The bill passed. I'm sure I'll sign it. Okay. We're going to take items. Just one sec. Let me get my bearings here. Let's do take the next. Items individually. The appointments. Okay. Thank you.