December 8, 1999
Andrew Taylor, Chair
Miller Park Neighborhood Association
501 19th Avenue E.
Seattle, WA 98112
Dear Mr. Taylor:
I am writing to respond to your request that the Council look
at the
question of whether Dean Falls property could appropriately be
rezoned
as a neighborhood plan rezone, given that he and the community
association have now come to some agreement on the proposed rezone.
There are three options for pursuing this rezone. The
one that has the
least potential for legal challenge would be for Mr. Falls to
pursue his
rezone through the Department of Design, Construction and Land
Use's
(DCLU) quasi-judicial process. In this case, there would
not be a
specific reference to the neighborhood plan, and the rezone could
be
processed through DCLU's normal processes.
However, I recognize that this rezone did receive significant
attention
during the neighborhood planning process, and that development
of this
property through a proposed rezone would fit both the vision of
the
neighborhood plan for this corridor and address issues of compatibility
of development with the other developments that are proposed in
this
urban village area. However, because the normal process
for legislative
rezones is to approve them at the same time as the approval of
a
neighborhood plan, this option does provide more of an opportunity
for a
legal challenge to the rezone by an affected party. While
the City
could certainly defend against such a challenge, the outcome of
a
judicial proceeding cannot be predicted with certainty.
If Mr. Falls did wish to proceed with a legislative consideration
of a
proposed rezone, the case would be stronger if the Madison-Miller
planning group or its successor or constituent organization petitioned
for comprehensive plan amendment language that would clearly emphasize
the compatibility of this rezone with the adopted neighborhood
plan.
Such a petition could be heard as part of the annual Comprehensive
Plan
amendment process, and would strengthen the link between this
rezone and
the neighborhood plan. If a Comprehensive Plan amendment
is pursued, it
must be done as part of the annual Comprehensive Plan amendment
process,
which would mean that it would not be complete until December
2000 at
the earliest
If you wish to pursue this option, I would be willing to preside
over a
neighborhood meeting as you suggest, with the clear proviso that
my role
would not be legislative in nature. That is, it would not
be a formal
Council meeting or public hearing, but would be a community meeting
in
which I would participate as a Councilmember meeting with constituents.
I hope that this answers your questions. Please contact
me to let me
know how you would like to proceed from here.
Sincerely,
Richard Conlin