The purpose of transit-oriented development (TOD) is to concentrate pedestrian-oriented mixed-use development at intensities that support and are supported by multi-modal transportation options, including high-capacity transit.  As Bus Rapid Transit (BRT) comes to Kenmore along SR-522, transit-oriented development is proposed along the transit corridor.

In the past, an “overlay zone” allowed higher densities in this area with affordable housing requirements, but the choice of whether to use the TOD standards was left to the developer.  Given the City’s new importance as a High-Capacity Transit Community, with regional obligations, the TOD standards are now being incorporated into the underlying zoning districts and a new zoning district, “Urban Residential” has been proposed.

The City Council has directed that certain properties near Swamp Creek will retain their existing zoning, including the TOD overlay zone, pending completion of a Swamp Creek corridor study that will inform future code amendments for this area. A second City Council public hearing also is scheduled for Monday, March 13, 2023 at 7:00 p.m., to consider Ordinance 23-0575 that would retain this existing zoning including the TOD overlay zone, i.e.  the “interim regulations”.  The interim regulations prohibit townhome development, and for properties that do not choose to develop under the TOD provisions they must meet the base density of the underlying zone and include at least 25% of the total number of units as affordable units.  

The Planning Commission discussed the TOD standards at their meetings on June 30, July 19, August 16, and September 20, October 4, October 18, and November 1. The Planning Commission presented their recommendations to the City Council at a joint meeting on November 21.

The City Council discussed the amendments on November 28 and February 13.  The proposed ordinance to adopt the final amendments (Ordinance 23-0574) can be viewed here.  The map showing the new Urban Residential zoning district also can be found attached to the proposed ordinance.

• Incorporation of most TOD overlay standards into the Urban Corridor (UC) zone, east subarea; the Downtown Commercial zone east of 73^rd Avenue NE; and the PSP zone (for the Park and Ride property on SR-522).  These zones are within the existing TOD overlay.
  
  
• Creation of a new zone, Urban Residential (UR), including most of the area of multifamily zoning (R-12, R-18, R-24) in the TOD overlay and incorporating most of the current TOD standards.
  
  
• New requirement that multifamily projects fronting SR-522 must provide nonresidential uses (office, retail, service uses) on the ground floor.
  
  
• New maximum height of 85’ in the area of the TOD overlay.
  
  
• New requirement that 25% of the units (rental) in the development be affordable to those at the 50% AMI level or below in the area of the TOD overlay and 80% AMI level for ownership housing.
  
  
• Parking reduction to .50 stall per unit in the area of the TOD overlay.
  
  
• Extension of some TOD standards to the Downtown Commercial zone west of 73^rd Avenue NE, including increased minimum density, increased maximum density, and affordability requirements. 
  In the Downtown Commercial zone west of 73^rd Avenue NE, 25% of the units (rental) in a multifamily or mixed use project must be affordable at the 70% AMI level or below and 80% AMI level for ownership housing.
  
  
• Special requirement that new development in the area of the heron rookery must address height and building orientation issues in a habitat management plan with recognition that height and building orientation standards may be adjusted to protect the rookery.
  
  
• Relocation of the parking and tree grove preservation standards from the TOD overlay to the “Parking” and “Tree Management and Protection” chapters of the Zoning Code.
  
  
• Extension of the TOD requirement that parking exceeding the minimum required amount be placed in a garage or screened to all of the Downtown Commercial and Downtown Residential zones (currently this is only required west of 68^th Avenue NE).
  
  
• Standardization of the affordable housing definitions to reflect State and County affordability definitions.
  
  
• Renaming of the design standards chapter so that it no longer references only “downtown.”
  
  
• Addition of the UR zone to the areas allowing a Development Agreement.
  
  
• Allowance for multifamily uses on surplus public/semi-public (PSP) properties in neighborhoods, consistent with surrounding zoning standards. (This change was made as the PSP zone was being amended to add multifamily as a permitted use.)
  
  
• Miscellaneous amendments for consistency throughout the Code and with ARCH affordable housing implementation standards.