April 28, 2008 City Council Meeting Highlights

Council Members Present: Mayor Cindy Ryu, Deputy Mayor Terry Scott, Council Members Chris Eggen, Ron Hansen, Doris McConnell, Keith McGlashan, Janet Way (Council Member McConnell arrived late as a result of family matter.)

Meeting called to order at 7:30 p.m.

Proclamation

Mayor Ryu proclaimed the Richmond Beach Community Association as a Century Corporation.

City Manager's Report

Assistant City Manager Julie Modrzejewski, sitting in for City Manager Robert Olander, announced six news items:

1) The May 3 Clean Sweep event resulted in collection of 302 computer monitors, 277 television sets, 513 fluorescent bulbs, 300 gallons of motor oil, and many other recyclables.
2) Shoreline Community College will graduate its first "green collar" students on Saturday, May 17. Congressman Jay Inslee will be present to honor graduates of the certified solar design course.
3) Center for Human Services will hold an open house on Wednesday, May 14, from 4 p.m. to 6:30 p.m. at the Northshore Family Center in Bothell. For more information, call 425-205-2004.
4) Kruckeberg Garden will hold a volunteer work party on Sunday, May 18, noon to 4 p.m. Volunteers will get discounts on plants. For more information, call Sarah Baker at 206-546-1281.
5) Thursday, May 16, is Bicycle to Work Day. A commuter station at 155th Avenue N and Aurora Avenue N will offer giveaways and free bicycle checkups.
6) Shoreline Planning Commission is meeting Thursday, May 15, 7 p.m., to consider a proposed rezone at 14800 1st Avenue NE from R-12 to R-24.

City Council Reports

Council Member Eggen attended the SeaShore Transportation Committee. Discussion items included Sound Transit's proposal for a ballot measure in the 2008 or 2010 general elections. Council Member Eggen said he is on a committee to draft a letter making project recommendations to Sound Transit.

Council Member Eggen reported attending the Municipal Solid Waste Management Committee, at which goals for King County's 2010 Comprehensive Plan were discussed.

Council Member Way reported attending the Kruckeberg Garden's Mother's Day sale.

Mayor Ryu announced that the city is partnering with the Shoreline Chamber of Commerce and Shoreline Community College for the North King County Green Business Conference on June 10, to be held at the college, 11:30 a.m. to 4:30 p.m.

Mayor Ryu announced that the King County Council will be in Shoreline on Monday, May 19, for a 6 p.m. reception and a 6:30 p.m. to 8:30 p.m. meeting.

General Public Comments

LaNita Wacker said demand for housing in the city will increase. Delays in decision-making to implement the Housing Strategy will raise costs. More housing density is needed.

Boni Biery announced that Shoreline's Community Wildlife Habitat Project will hold a Champion Tree Contest to identify champion trees in Shoreline parks. Eligible native tree species include 10 conifers and 12 deciduous. Trees will be judged in six categories. For more information, contact Boni Biery at birdsbeesfishtrees@gmail.com.

Wendy DiPeso said Ordinance 478 should not be adopted until the city has gone through a community visioning process, with Comprehensive Plan update and environmental review. Regarding proposed Ordinance 505, there hasn't been full disclosure to the public about the history of density standards for the Regional Business (RB) zone. Capping RB density at R-110 is fine as long as there is a full public process.

Les Nelson described the history of density standards for the RB zone. In 1998, the Comprehensive Plan set the density at R-48. In 2000, Ordinance 238 changed the RB density from R-48 to no maximum, but the Comprehensive Plan was not amended in tandem with the change in the zoning standard.

Brenda Marler said a proposed development on two lots in Westminster Triangle would result in excessive tree removal. Neighborhood meetings should be taped so that neighbors' statements are not misstated later.

Brian Derdowski of Public Interest Associates said he offered two principles to guide the proposed transition code amendment. The city should retain discretionary authority over high-density residential proposals in transition areas and a Comprehensive Plan amendment would be a more appropriate tool to govern development in transition areas. A third principle would be consideration whether R-110 would be appropriate as a CB zone density cap.

Consent Calendar

Items on the Consent Calendar included: a) minutes of March 24 business meeting, March 31 special meeting, and workshop dinner meetings of April 14 and April 28; b) approval of expenses and payroll as of April 28, 2008.

Council Member McGlashan moved to adopt the Consent Calendar. Seconded by Council Member Hansen.

On passage of the motion to approve the Consent Calendar:
Ayes: Ryu, Scott, Eggen, Hansen, McConnell, McGlashan, Way Nays: None Absent: McConnell Motion passed.

Ordinance 504, Quasi-Judicial Proceeding to Consider Final Approval of Shoreline Town Homes Final Plat, 1160 N. 198th St.

Senior Planner Paul Cohen said the City Council approved a preliminary plat in 2006, via Ordinance 422. Staff has reviewed compliance with engineering specifications and permit conditions, and recommends final approval of the plat.

The 1.1-acre development will include 18 lots. The development will comply with the King County 2005 stormwater manual. Stormwater treatment features include pervious road paving, infiltration beds beneath the paving, a bioswale that shunts drainage water to a rain garden, and spreader trenches for infiltration.

Council Member Hansen moved to adopt Ordinance 504. Seconded by Council Member McGlashan.

Discussion

In response to questions from Council Member Way, Senior Planner Cohen said additional inspections to ensure full compliance with all conditions will be carried out before the development receives a certificate of occupancy and performance bonds are released.

Council Member Hansen moved to call for the question. Seconded by Council Member McGlashan.

On passage of the motion to call for the question:

Ayes: Hansen, McGlashan Nays: Ryu, Scott, Ryu, Way Abstentions: McConnell
Motion failed.

Council Member Eggen asked about a previous dispute over a critical area. Senior Planner Cohen said a wall at the edge of Echo Lake will be removed and an inspection will be carried out to verify removal.

On passage of the motion to adopt Ordinance 504:
Ayes: Ryu, Scott, Eggen, Hansen, McGlashan, McConnell, Way Nays: None Abstentions: None
Motion passed.

Ordinance 478: Amendments to Development Code, Residential Density in CB Zones, Affecting Properties in Town Center Study Area and Along Ballinger Way

Planning Director Joe Tovar said adoption of Ordinance 478 may not be appropriate immediately and recommended tabling it. Planning Director Tovar said passage of both Ordinances 478 and 505 would create an anomalous situation: Ordinance 478 would change the Community Business (CB) zone's residential density standard from R-48 to no maximum. Ordinance 505 would institute a six-month residential density cap of R-110 in the RB zone. In that case, lower densities would be allowed in the RB zone than in the CB zone.

The council could table Ordinance 478 or, alternatively, change the agenda order so that Ordinance 505 would be considered first.

Council Member Way moved to table Ordinance 478 to a date certain. Seconded by Deputy Mayor Scott.

Council Member McGlashan moved to change the agenda order so that Ordinance 505 would be considered ahead of Ordinance 478. Seconded by Council Member Hansen.

City Clerk Scott Passey said a motion to adopt Ordinance 478 was on the floor from the April 14, 2008 meeting. Therefore, Council Member Way's motion was out of order.

On passage of the motion to change the agenda order:
Ayes: Hansen, McConnell, McGlashan Nays: Ryu, Scott, Way Abstentions: Eggen
Motion failed.

Associate Planner Steve Szafran described Ordinance 478. It would change the residential density standard in the CB zone from R-48 to no maximum, provided that CB properties are in the Town Center planning area or along Ballinger Way, that properties are more than 90 feet from R-4, R-6, or R-8 zones, that they are a 10-15 minute walk from Aurora Avenue N or Ballinger Way, and that they include commercial uses.

Public Comment

Gretchen Atkinson spoke in favor of Ordinance 478. More residential density near businesses makes sense.

Scott Thompson said Ordinance 478 is consistent with the Housing Strategy.

LaNita Wacker said Ordinance 478 should be adopted immediately. Density caps don't make sense.

Jim Abbott said Ordinance 478 would provide for affordable housing near public transit and commercial land uses.

Peter Steinbrueck, a former member of the Seattle City Council, said form-based zoning codes, without numeric density caps, is the way to go. More compact development is needed.

Jeffrey Ochsner, associate dean for academic affairs at the University of Washington's College of Architecture and Urban Planning, spoke in favor of Ordinance 478. Transportation and land use are linked closely and the proposed ordinance provides for more density near transit.

Alice Abbott spoke in favor of Ordinance 478 and said it provides for no change in regulations regarding height, setbacks, bulk, and parking.

Michelle Takasaki spoke in favor of Ordinance 478.

Allison Hoberg said the city should stick with the Comprehensive Plan's language and spirit.

Les Nelson said Ordinance 478 would change the CB zone's definition. While more density is desirable, it should be planned for comprehensively through a Comprehensive Plan amendment.

Dennis Lee spoke against Ordinance 478. While more density is desirable, the city should go through a visioning process first. Broader impacts of higher density, such as impacts on the sewer district, must be considered.

Dwight Gibb said cities need a sense of place. Ordinance 478 should be delayed until a visioning process and Comprehensive Plan amendments are carried out.

Brian Derdowski of Public Interest Associates said Growth Management Act housing targets are expressed in units, not in form-based metrics. Number of units determines broader impacts, such as effects on schools. It may not be wise to put a lot of high-density housing along the Aurora Avenue corridor with little open space, since that could segment society.

Harley O'Neil spoke in favor of Ordinance 478, because Aurora Avenue needs more density.

Discussion

Planning Director Tovar said form-based codes make sense, but the city is not quite ready for it. The city will go through a visioning process, Comprehensive Plan review, and consideration of Growth Management Act housing targets.

Planning Director Tovar said both the CB and RB zones both should have either numeric density caps or form-based codes.

City Clerk Passey said amendments to the April 14 motion to adopt 478 were on the floor. He acknowledged that Council Member Way's previous motion to table the ordinance would have been in order. Council Member Eggen said serious discussion of the ordinance and associated issues is necessary. Council Member Eggen moved to table consideration of Ordinance 478 to a date certain, after consideration of Ordinance 505. Seconded by Council Member Way.

Assistant City Manager Modrzejewski suggested May 27 as a date for taking up Ordinance 478.

On passage of the motion to table Ordinance 478 to a date certain:
Ayes: Scott, Eggen, Way Nays: Hansen, McConnell, McGlashan Abstentions: Ryu
Motion failed.

Council Member Hansen said a density cap of R-110 would allow only for units 1,200 to 1,400 square feet in size, which would be too large to be economical.

Deputy Mayor Scott said he would like to support Ordinance 478, but associated issues need further consideration.

Council Member Eggen asked about the property tax impact of the ordinance on affected properties. Planning Director Tovar said it's possible values could increase because the existing R-48 density standard would be changed to no maximum.

Council Member Way said she agreed with Mr. Steinbrueck, but that more planning is necessary.

Mayor Ryu said the city has committed to a systematic visioning process. While it may be desirable to have no maximum densities in the CB and RB zones, the city is not yet ready for that at this time. Cumulative impacts on utilities and traffic must be considered.

Council Member McGlashan withdrew the amendment he proposed on April 14 to require affected properties to provide either ground-floor commercial or affordable housing. Withdrawal of the McGlashan amendment automatically killed Council Member Eggen's second-degree amendment to define the affordable housing requirement.

On passage of the April 14 motion to adopt Ordinance 478:
Ayes: Hansen, McConnell, McGlashan Nays: Ryu, Scott, Eggen, Way Abstentions: None
Motion failed.

Ordinance 505: Six-Month Moratorium on Filing or Acceptance of Applications for Residential Development in RB Zone Exceeding R-110 in Density

Planning Director Tovar said the RB zone makes up only 3.5 percent of the city's land area, but is the leading source of city revenues. He cautioned the council to exercise care in amending the zone's requirements in order to avoid damaging the city's fiscal health.

R-110 is not as dense as existing or proposed projects in the RB zone. Adopting the moratorium will give the city six months to develop permanent standards.

Public Comment

LaNita Wacker spoke in opposition to Ordinance 505. Imposing a density cap is a taking.

Les Nelson said R-110 might be acceptable, but it must be planned in a way that protects nearby single-family neighborhoods.

Dennis Lee said R-110 might be an acceptable compromise, but criteria are needed for processing applications.

Dwight Gibb said R-48 should be the basis from which changes are considered.

Brian Derdowski of Public Interest Associates recommended asking staff to enhance findings of fact to support Ordinance 505, including findings regarding uncertainties about the history of RB density standards. Downzoning with findings and notice is legally permitted and is not a taking.

Discussion

Planning Director Tovar said staff disagrees that the Comprehensive Plan provides R-48 as the maximum allowed density in RB areas. R-110 is not a significant reduction in land value. Land use rights are established by zoning, not by the Comprehensive Plan.

City Attorney Ian Sievers said the proposal is not a taking. Moratoria must be reasonable as to what they restrict and how long they last.

Council Member McGlashan asked where is the emergency that justifies a moratorium.

Planning Director Tovar said courts give legislative bodies broad deference. The community debate, confusion, and uncertainty involving densities in RB zones constitute the emergency that justifies a moratorium. R-110 is a reasonable interim standard that courts would likely uphold.

Deputy Mayor Scott moved to adopt Ordinance 505. Seconded by Council Member Eggen.

Council Member McConnell asked how many high-density residential projects in the RB zone have been proposed? Planning Director Tovar said he could not provide an exact number, but that the market is interested in mid-rise, mixed-use developments in Shoreline.

Planning Director Tovar further said that staff senses anxiety in the community about the lack of a numeric density cap in the RB zone. That anxiety is paralyzing discussions of proposed transition code amendments.

Council Member Hansen said a numeric density cap would discourage development. Even R-110 sends the wrong signal to developers. There is no evidence of an emergency.

Planning Director Tovar said over the long term, the city should move to form-based codes.

Deputy Mayor Scott moved to call for the question. Seconded by Council Member McGlashan.

On passage of the motion to call for the question:
Ayes: Ryu, Scott, Eggen, Hansen, McConnell, McGlashan, Way Nays: None Abstentions: None
Motion passed.

On passage of the motion to adopt Ordinance 505:
Ayes: Ryu, Scott, Eggen, Way Nays: Hansen, McConnell, McGlashan Abstentions: None
Motion passed.

Meeting adjourned at 10:55 p.m.

Modified 5/15/2008