Tip
dpd
Department of Planning and
Development
228
Seattle Permits
— part of a multi-departmental City of Seattle series on getting a permit
Rezones: Process and
Application Requirements
Updated May 29, 2009
REQUESTING A REZONE
Zone designations established in Seattle’s adopted
Land Use Map regulate land use and development
on all property in Seattle. Any property owner or other
interested party may initiate a request for a rezone,
which is an amendment to the City’s official Land Use
Map. This process is described in the Land Use Code
as a quasi-judicial rezone application. The decision on
such applications is made by the Seattle City Council.
The review and decision process includes a report and
recommendation from the Department of Planning and
Development (DPD). The City’s Hearing Examiner then
conducts a public hearing for the City Council, and
writes a report which includes a recommendation to the
City Council. The City Council applies rezone criteria
to the record established at the public hearing in making a decision on the application.
A quasi-judicial rezone is an application to rezone a lot
or lots based on an evaluation of zoning and locational
criteria in Seattle Municipal Code (SMC) Chapter 23.34.
An application may be limited to a request for a change
to the City’s land use (zoning) map, without any accompanying development proposal. Such an application
for a "general rezone," would be analyzed based on all
potential development that could occur with the zone
change. When an applicant proposes a specific project
or use, a contract rezone request may be more appropriate. A contract rezone is also a request to rezone
a lot or lots, evaluated under SMC 23.34. Contract
rezones are subject to a Property Use and Development
Agreement (PUDA), whereby the property owners agree
to restrictions on the use and/or development of the
property compared with what would be allowed by the
proposed zoning designation alone.
City of Seattle
Department of Planning & Development
PUDAs include specific requirements or include conditions designed to mitigate or address potential adverse
impacts that could occur from unrestricted use and
development permitted by development regulations
otherwise applicable after the rezone. The PUDA
and related ordinance accepting the agreement and
approving the rezone may also allow for waivers of
code requirements, including off-street parking and
loading requirements, if the Council determines that the
waivers are necessary under the agreement to achieve
a better development than would otherwise result from
the application of regulations of the zone.
Requesting a Shoreline Environment
Redesignation
Seattle’s shorelines are governed by the Shoreline
Master Program (SMC 23. 60). In the shoreline, zone
classifications are called “environments,” and a
change from one environment to another is called a
“redesignation.” A shoreline environment redesignation is a Shoreline Master Program amendment which
must be approved by the state Department of Ecology (DOE) according to state procedures before it
becomes effective. To ensure that the intent of the
Seattle Shoreline Master Program is met, the proposed redesignation must be consistent with the Seattle Comprehensive Plan Shoreline Area Objectives
for the area in which the proposed redesignation is
located. If the area proposed for a shoreline designation change is within or adjacent to a harbor area, the
impact of the redesignation on the purpose and intent
of harbor areas as given in Articles XV and XVII of the
state Constitution shall be considered.
Initial Applicant Research
To apply for a rezone, contract rezone, or shoreline
redesignation, you should first obtain general information on the fees, process, and criteria from the
DPD Applicant Services Center (ASC), located on
the 20th floor of Seattle Municipal Tower at 700 Fifth
Ave., (206) 684-8850.
www.seattle.gov/dpd
700 5th Avenue, Suite 2000
P.O. Box 34019
Seattle, WA 98124-4019
(206) 684-8600
Printed on totally chlorine free paper made with 100% post-consumer fiber
DPD Tip #228—Rezones: Process and Application Requirements
Chapters of the Land Use Code (including rezone
criteria, process, and submittal requirements) are
available online at www.seattle.gov/dpd/codesrules/
codes/landuse/ (select Land Use Code, SMC Chapter 23 under Read the Code, and go to Chapter 23.34
and 23.76).
Chapters of the code may be purchased at the Public
Resource Center located on the 20th floor of Seattle
Municipal Tower, or by calling (206) 684-8467.
Pre-submittal Conference
Presubmittal forms and instructions are available
online at www.seattle.gov/dpd/toolsresources/, or
from the ASC. Completed forms may be dropped off,
mailed or faxed to the ASC. ASC support staff will
review the request, note pertinent information, and
call back with available appointment times and an
assigned project number.
You should prepare for the meeting by getting familiar
with the rezone criteria, locational criteria, and process information found in the Land Use Code, SMC
23.34. A DPD land use planner will discuss with you
the process and analysis associated with a rezone
application, as well as the timing and costs involved in
this process.
DPD applies the fee for a pre-submittal conference to
the full rezone fee, provided that formal application
for a rezone is made within six months of the presubmittal meeting. Pre-submittal conference fees must
be paid prior to the pre-submittal conference meeting.
The pre-submittal conference fee covers one hour of
DPD land use planner time; additional time involved
in preparation for the conference and follow-up will be
charged to the project number and collected when an
application is filed.
Design Review
Development proposals that require a rezone and
design review proceed first through early design guidance (EDG). Application for the Master Use Permit
and the rezone occurs concurrently, when EDG has
been completed.
Application Appointment
Application requirements for rezones and contract
rezones are the same, except that contract rezone
applications, if they involve proposed development,
must be accompanied by more detailed plans. DPD
requires six identical copies or sets of plans for
page 2
review. If the site is located in an environmentally
critical area (ECA) additional submittal documentation
may be needed—consult the ECA ordinance, SMC
25.09.330 for details. Additional documents required
for the application intake appointment include:
n A vicinity map
n Plot plan
n Notes from the pre-submittal conference
n An environmental checklist
n The information detailed at the end of this
document
Prepare your materials in accordance with the instructions you obtained at your pre-submittal conference.
When you have your documents ready, call (206) 6848850 to schedule an application intake appointment.
Land use applications require payment at intake
to cover the intake appointment, public notice and
minimum hourly land use review fee. These fees are
charged in accordance with the Seattle Permit Fee
Subtitle, available from DPD's Public Resource Center
(PRC), (206) 684-8467, or on the DPD's Fees page at
www.seattle.gov/dpd/codesrules/codes/fees/.
Additional fees at an hourly rate will almost always apply, and will be charged based on the time required to
process your permit. Rezone applications entail complex analysis and greater procedural requirements
resulting in billable hours that are generally higher
than those for projects without a rezone proposal.
Information on fee rates and procedural requirements
is available by calling the PRC at (206) 684-8467.
Appearance of Fairness Doctrine
Quasi-judicial actions, including rezone applications,
are subject to the state’s Appearance of Fairness Doctrine (RCW 42.36) as well as Council rules adopted
under Resolution 31001. Both of these rules prohibit
City Council members and the City Hearing Examiner
from engaging in ex parte communications, defined
by Council rules as "any direct or indirect communication between a Councilmember and a proponent,
opponent, or a party of record that is made outside of
a Council hearing or meeting considering a quasi-judicial action and that contains the merits of the quasijudicial action pending before the City Council."
Such communications include in-person conversations, letters, phone calls, emails or other direct or
indirect communications to a Council member.
DPD Tip #228—Rezones: Process and Application Requirements
A matter becomes “pending,” for purposes of the
Appearance of Fairness doctrine and Council rules,
when notice is sent to the City Clerk’s office. For
rezones that do not require design review, DPD sends
notice to the City Clerk immediately upon acceptance
of the rezone application.
For decisions that include design review, the date that
DPD sends notice to the City Clerk is earlier:
n For decisions involving administrative design review,
DPD sends notice to the City Clerk when the applicant begins the early design guidance process;
n For decisions involving the Design Review Board
DPD sends notice to the City Clerk of the first early
design guidance public meeting.
Questions about the Appearance of Fairness doctrine
and ex parte communication should be directed to
Council Central Staff at (206) 684-8888.
DPD Review of Rezone Applications
A land use planner is assigned to review the application materials for a rezone and related land use
components. The assigned planner is the primary
contact for the project during the review. Early on in
the process, the planner will schedule a coordination
meeting with you and the assigned City Council staff
person to discuss the Council process (not the merits
of the proposal).
page 3
City of Seattle Council Action
The assigned City Council staff reviews the Hearing
Examiner recommendation and record established at
the hearing, and then prepares briefing materials on
that record for City Council committee consideration.
If a Public Use and Development Agreement (PUDA)
is required, Council staff will draft it and provide the
PUDA to the responsible property owners for signature
after the Council Committee recommendation. The full
Council then votes on the Committee recommendation.
The result of the Council action is an ordinance
amending the official land use map describing the
properties affected by the zoning change, the PUDA
if applicable, and conditioning of the rezone decision.
The Council will also approve a separate document
detailing their findings, and conclusions in support of
their decision. If a PUDA is required, Council staff will
file it with the title of the property at the King County
Department of Records and Elections.
DPD Final Action
Following the final Council Action, and appeal periods,
DPD documents the final conditioning of the project,
collects any outstanding fees owed for post recommendation activity, and issues the Master Use Permit for the
rezone and any associated land use components.
Rezone Process and Fees
The DPD planner writes a report that includes a recommendation on rezone applications and decisions on
other land use components of the project. This recommendation and decision may also include conditions
to mitigate impacts of the proposal. Some components
of DPD’s decision, such as the environmental threshold
determination and any design review conditions, may
be appealed to the City’s Hearing Examiner.
The following steps are involved in a rezone application. There are several milestones when fees are collected, as indicated by ($):
n
Pre-submittal conference ($)
n
EDG – if needed ($)
n
Application ($)
The planner is responsible for preparing the documentation of DPD’s recommendation at the Hearing Examiner hearing and informing the assigned Council staff
analyst of the decision publication and hearing date.
n
Public Notice
n
DPD Recommendation ($)
n
Public Hearing
Hearing Examiner Public Hearing
n
Hearing Examiner Recommendation
A public hearing is scheduled before the City’s Hearing Examiner to consider DPD’s rezone recommendation and create a record for the Council’s consideration of the application. The Hearing Examiner
prepares a report to Council consisting of findings of
fact, conclusions, and recommendations for the Council. The Hearing Examiner’s recommendation may be
appealed to the City Council.
n
City Council Committee
n
City Law Department - PUDAs
n
Council Action
n
Final DPD Action ($)
DPD Tip #228—Rezones: Process and Application Requirements
page 4
Reference Documents
n DPD Web Site: This is a good place to browse for
pertinent on-line information, including links to the
City’s Comprehensive Plan, www.seattle.gov/dpd.
n Land Use Codes: Land Use Code (Title 23),SEPA,
Design Review, and Comprehensive Plan,
www.seattle.gov/dpd/codesrules/codes/.
n DPD Packets: Land Use:
Find descriptions of common permit types, and all
the informational documents and forms that relate
to them, compiled in one place. These include:
n Tips 103, Site Plan Requirements,103A, Site
Plan Guidelines, and 103B, Environmentally
Critical Area Site Plan Requirements.
n Tips 207, Review of Greenhouse Gas Emissions, 228, Application Requirements for Rezones and Contract Rezones, 233, Sources for
Property Information, and 238, Design Review:
General Information, Application Instructions,
and Submittal Requirements.
n Preliminary Application materials
n Pre-Submittal Conference materials
n Financial Responsibility Form
n Letter of Authorization
n Land Use Application Requirements
n SEPA Checklist
n DR 29-2006, Environmental Review Sign
n DR 5-2003, Financial Responsibility for
Payment of Fees
n Council Rules: Resolution 31001, adopted
September 17, 2007.
Access to Information
Links to electronic versions of DPD Tips and other
helpful publications are available on our website
at www.seattle.gov/dpd/toolsresources/. Paper
copies of these documents are available from our
Public Resource Center, located on the 20th floor
of Seattle Municipal Tower at 700 Fifth Avenue in
downtown Seattle, (206) 684-8467.
DPD Tip #228—Rezones: Process and Application Requirements
page 5
Rezone Application Submittal Information
Please provide the following information with your rezone application at the time of your appointment:
1.
Project number.
2.
Subject property address(es).
3.
Existing zoning classification(s) and proposed change(s).
4.
Approximate size of property/area to be rezoned.
5.
If the site contains or is within 25 feet of an environmentally critical area, provide information
if required pursuant to SMC 25.09.330 and Tip 103B, Environmentally Critical Area Site Plan
Requirements.
6.
Applicant information:
a.
Property owner or owner’s representative or
b.
Other? (Explain)
7.
Legal description of property(s) to be rezoned (also include on plans – see #16, below).
8.
Present use(s) of property.
9.
What structures, if any, will be demolished or removed?
10.
What are the planned uses for the property if a rezone is approved?
11.
Does a specific development proposal accompany the rezone application? If yes,
please provide plans.
12.
Reason for the requested change in zoning classification and/or new use.
13.
Anticipated benefits the proposal will provide.
14.
Summary of potential negative impacts of the proposal on the surrounding area.
15.
List other permits or approvals being requested in conjunction with this proposal (e.g., street
vacation, design review).
16.
Submit a written analysis of rezone criteria (see SMC 23.34.008 and applicable
sections of 23.34.009-128). Include applicable analysis locational criteria of 23.60.220 if
a shoreline environment redesignation is proposed.
17.
Provide six copies of scale drawings with all dimensions shown that include, at a minimum,
existing site conditions, right- of-way information, easements, vicinity map, and legal description. See SMC 23.76.040.D, Application for Council Land Use Decisions for other application
materials that may be pertinent. Plans must be accompanied by DPD plans cover sheet.
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
