CITY OF SHORELINE

 

SHORELINE CITY COUNCIL

SUMMARY MINUTES OF REGULAR MEETING

 

The purpose of these minutes is to capture a high-level summary of Council’s discussion and action. This is not a verbatim transcript. Meeting video and audio is available on the City’s website.

                                   

Monday, June 5, 2023              Council Chambers - Shoreline City Hall

7:00 p.m.                                                                                        17500 Midvale Avenue North                                       

 

PRESENT:      Mayor Keith Scully, Deputy Mayor Betsy Robertson, and Councilmembers John Ramsdell, Laura Mork, Doris McConnell, Eben Pobee and Chris Roberts

 

ABSENT:       None.

 

 

1.         CALL TO ORDER

 

At 7:00 p.m., the meeting was called to order by Mayor Scully who presided.

 

2.         FLAG SALUTE/ROLL CALL

 

Upon roll call by the City Clerk, all Councilmembers were present except for Deputy Mayor Robertson who arrived at 7:34 p.m., and Councilmember Roberts who arrived at 7:32 p.m.

 

(a) Proclamation of Pride Month

 

Mayor Scully announced the proclamation of Pride for the month of June.

 

3.         APPROVAL OF THE AGENDA

 

The agenda was approved by unanimous consent.

 

4.         REPORT OF CITY MANAGER

 

Bristol Ellington, City Manager, reported on various City meetings, projects, and events.

 

5.         COUNCIL REPORTS

 

Councilmember McConnell said she and Councilmember Pobee attended a SeaShore Transportation Forum meeting about service disruptions and lack of parking related to the light rail and revival of the I-5 Corridor.

 

Councilmember Mork spoke about her attendance at the Stormwater Summit.

 

6.         PUBLIC COMMENT

 

The Council heard comments from the public from approximately 7:12 p.m. to 7:36 p.m. Written comments were also submitted to Council prior to the meeting and are available on the City’s website.

 

Janet Way, Shoreline, spoke about the importance of the ecosystem at Paramount Park.

 

Bob Gregg, Edmonds, asked Council to exempt a certain area from the regulations in Ordinance No. 986. He suggested working on certain definitions and considering code language from the City of Edmonds.

 

Jack Malek, Shoreline, offered support for cottage housing and made suggestions to improve middle housing development.

 

Michelle Deal, Bellevue resident and representative of Deal Family Investments, asked the Council to consider their amendments to Ordinance No. 986 to avoid loss of transit-oriented development housing next to Light Rail Station.

 

Vivian Korneliussen, Shoreline, expressed support for Amendments 8, 9, and 10(a) on protection of critical areas and significant trees.

 

Susanne Tsoming, Shoreline, expressed concern with the removal of trees at Saltwater Park.

 

Nancy Morris, Shoreline, expressed concern with the removal of trees at Saltwater Park.

 

Kathleen Russell, Shoreline, spoke in support of Amendments 8, 9, and 10(a).

 

7.         CONSENT CALENDAR

 

Upon motion by Deputy Mayor Robertson and seconded and unanimously carried, 7-0, the following Consent Calendar items were approved:

 

 

(a) Approval of Workshop Dinner Meeting Minutes of May 8, 2023

Approval of Regular Meeting Minutes of May 8, 2023

Approval of Regular Meeting Minutes of May 15, 2023

 

(b) Authorize the City Manager to Execute a Construction Contract with Skycorp, LTD in the Amount of $377,971.63 for the 145th Street Corridor Building Demolition Project Package: Corliss Avenue N to Interstate-5

 

8.

STUDY ITEMS

 

(a) Preliminary Discussion of the 2023 State Legislative Session

 

Jim Hammond, Intergovernmental Programs Manager, recapped the 2023 Legislative Session. He stated that the State passed several budgets including the Operating Budget ($69.3B), Capital Budget ($9B), and the Transportation Budget ($13.5B). Mr. Hammond said the Operating Budget has an emphasis on behavioral health and significant investments were made in community-based behavioral health facilities and affordable housing. The Transportation Budget was challenging due to a major question about a key source of funding through the carbon-based tax, which generated more revenues than projected. The question was whether the funds would be bonded against or whether it would be spent in the years the funds were raised.  Mr. Hammond reported that the Legislature chose not to bond the climate funds resulting in a smaller pool of transportation dollars for the upcoming biennium. However, the Legislature made a heavy investment in the removal of fish barriers and in infrastructure investments focused around decarbonization including $10 million for the 148th Street Non-Motorized Bridge. Mr. Hammond added that the City did not receive capital funds for park improvements, but the City is still able to fund the new parks maintenance program and there are other grant sources to pursue. Additional areas Mr. Hammond discussed include the North King County Climate Center, middle housing, The Blake Decision, law enforcement, and climate investments.

  

9.

ACTION ITEMS

 

(a) Action on Ordinance No. 986 - Interim Regulations to Require Ground Floor Commercial Spaces and Uses in All New Multifamily Buildings Within Certain Zoning Districts for Six (6) Months

 

Rachael Markle, Planning & Community Development Director, presented Ordinance No. 986 to require ground floor commercial spaces and uses in all new multifamily buildings within certain zoning districts for six (6) Months. The proposed interim regulations are to be applied to new multifamily development within the Neighborhood Business (NB), Commercial Business (CB), Mixed Business (MB), Town Center 1 (TC-1), Town Center 2 (TC-2), Town Center 3 (TC-3), Town Center 4 (TC-4), Mixed Use Residential 35’ (MUR-35’), Mixed Use Residential 45’ (MUR-45’), and Mixed Use Residential 70’ (MUR-70’) zoning districts. Staff recommends that the regulations not be applied to multifamily and mixed-use projects that have engaged in a pre-application after January 1, 2021, but before May 22, 2023.

 

Ms. Markle detailed the terms of the proposed interim regulations and stated that they mirror existing regulations that apply to ground floor commercial in North City and Ridgecrest. The reason for pursuing interim regulations is to address a concern from the Council about balancing growth and the services and retail needed to support them. She said the regulations will undergo a feedback process and come back to the Council as permanent regulations.

 

Councilmember McConnell moved adoption of Ordinance No. 986 - Interim Regulations to Require Ground Floor Commercial Spaces and Uses in All New Multifamily Buildings Within Certain Zoning Districts for Six (6) Months. The motion was seconded.

 

Councilmember Roberts moved to amend the language in Exhibit A of proposed Ordinance No. 986 for SMC 20.50.465(A) Applicability, to remove the language “and for properties zoned TC-4, MUR-35’, and MUR-45’ where adjacent to an arterial street” and to amend the language in Exhibit B of proposed Ordinance No. 986 for Table 20.40.120 and Table 20.40.160 to remove the “i” next to the letter “P” for Multifamily in TC-4, MUR-35’ and MUR-45’ and to modify the Whereas provisions of the Ordinance to reflect these amendments.

 

Mayor Scully and Councilmembers Roberts and Ramsdell expressed support for the amendment. Councilmember Roberts stated that he wants businesses in all neighborhoods but the Ordinance as written may slow down the pace of development for townhouses. Councilmember Ramsdell added that more people may want to access retail in higher density areas and TC-4, MUR-35’, and MUR-45’do not seem to fall in that category. Mayor Scully commented that the areas should be within walking distance to a commercial center and therefore meets the goals of having a walkable community.

 

Ms. Markle explained that the proposal included townhomes in the regulation in the spirit of being responsive to the Council’s concern about commercial opportunities being replaced by residential opportunities as there are many townhomes coming into the City. She clarified that townhomes are considered single family attached and have different design standards that do not require commercial space.

 

The amendment passed unanimously 7-0.

 

Councilmember Roberts moved to add a new Section, Section D. Commercial Space Design, to read as follows:

 

  1. The minimum space dimension for ground floor commercial spaces shall be 12-foot height, measured from finished floor to finished ceiling, and with a depth of no less than 20-foot, measured from the wall abutting the ROW frontage to the rear wall of the commercial space.
  2. Commercial space shall be built to the applicable commercial standards in the International Building Code, as adopted by Chapter 15.05 SMC.”

 

Councilmember Roberts said he prefers to keep developments in accordance with the ceiling height that currently exists in zones like MUR-70’.

 

Mayor Scully and Councilmember Mork expressed opposition to the amendment due to a concern of adequate spacing for restaurants. Councilmember Mork said she would be willing to accept a smaller height provided that it would work for a restaurant. Councilmember Roberts maintained that the amendment does not restrict the height but proposes a minimum height and there are incentives for developers to build a restaurant ready space.

 

A Councilmember asked about the difference in measuring finished floor to finished ceiling and finished floor to finished floor. Ms. Markle explained that the floor-to-floor measurement would be visually less than 12 feet because there might be space in between the ceiling and the next floor. She said as originally written, the regulation encourages a minimum height in the space that you walk into while saving space for other needed structures.

 

The amendment passed 5-2, with Mayor Scully and Councilmember Mork dissenting.

 

Councilmember Mork moved to amend Section 5 of Ordinance No. 986 to allow for a building permit to be filed no later than December 31, 2024.

 

Councilmember Mork shared concern about loss of investment from developers who had a pre-application meeting but have not yet submitted a Building Permit. She said the amendment would give them time to get a permit to construct their projects.

 

The amendment passed 6-1, with Deputy Mayor Robertson dissenting.

 

The main motion to adopt Ordinance No 986, as amended, passed unanimously 7-0.

 

(b) Action on Ordinance No. 984 - Amending Chapters 20.30 and 20.50 of the Shoreline Municipal Code to Establish Development Regulations for Cottage Housing

 

Mayor Scully stated that the Council held study sessions on proposed Cottage Housing Development Standards on April 24, and May 22, 2023. Elise Keim, Senior Planner, stated staff recommends the City Council accept the Planning Commission’s recommendation and adopt Ordinance No. 984.

 

Councilmember Pobee moved to approve Ordinance No. 984 - establishing Cottage Housing Development Standards. The motion was seconded.

 

Councilmember Pobee moved Amendment #9 to modify the Planning Commission’s recommendation for cottage housing to clarify in SMC 20.50.310(B)(1) that trees 24 inches DBH and larger are not considered partially exempt and require tree replacement; and Amendment #10a to modify the Planning Commission’s recommendation for cottage housing to amend SMC 20.50.350(B)(1) to not apply to cottage housing developments and for a new section SMC 20.50.350(B)(6) to detail that cottage developments require a 35% significant tree retention percentage and require payment of a fee for removal of a tree 24 inches DBH or grater in addition to required tree replacement on cottage housing developments. The motion was seconded.

 

Councilmember Pobee spoke about the importance of creating a livable community and how tree retention contributes to housing affordability by reducing energy costs for heating and cooling. There was Council discussion on how the motion’s amendment language conflicts with code language in other sections of the SMC.

 

Councilmember Pobee moved to amend Amendment #9 to change the language to trees “greater than” 24 inches. The motion was seconded and carried 5-1, with Councilmember Ramsdell voting no and Councilmember McConnell abstaining.

 

Councilmembers talked about the need to revisit the tree code holistically but still thought it was important to move forward with this specific amendment. The motion to approve Amendment #9, as amended, and Amendment #10a passed unanimously 7-0.

Councilmember Roberts moved Amendment #6 to modify the Planning Commission’s recommendation for SMC 20.40.300(D) by striking it in its entirety; and Amendment #7 to modify the Planning Commission’s recommendation for SMC 20.40.300(E) by striking it in its entirety. The motion was seconded.

 

Councilmember Roberts said there is an expectation for what the maximum hardscape and building coverage in residential zones should be and cottage housing developments shouldn’t be exempt from it. These two amendments don’t provide additional bonuses for hardscape or building coverage. The motion passed 6-1, with Councilmember Mork voting no.

 

Councilmember Roberts moved Amendment #16 to modify the Planning Commission’s recommendation for SMC 20.50.720(B)(3) by modifying subsections (a), (b), and (f), and deleting in their entirety subsections (c) and (d) as shown on page 29 of the May 22, 2023 staff report; and Amendment #17 to modify the Planning Commission’s recommendation for SMC 20.50.730(A)(3) to apply this standard only when a development meets the threshold of five or more cottages; and Amendment #18 to modify the Planning Commission’s recommendation for SMC 20.50.730(B) to only apply to developments of five or more cottages. The motion was seconded and passed unanimously 7-0.

 

Councilmember Roberts moved Amendment #1 to modify the Planning Commission’s recommendation for SMC 20.20.014(C) by eliminating reference to minimum unit size in the definition of a cottage; and Amendment #1a to modify the Planning Commission’s recommendation for SMC 20.40.300(F) by eliminating reference to minimum unit size. The motion was seconded.

 

Councilmember Mork asked if the Planning Commission discussed this, and Ms. Keim responded affirmatively stating they established a minimum size to prevent tiny home villages. Councilmember Ramsdell said he would support the amendment because he has seen cottages less than 750 square feet on the market. Councilmember Roberts argued that not everyone needs a large house and developers can fit more units if they are smaller, which would presumably make them more affordable. The motion to approve Amendment #1 and #1a passed 6-1, with Councilmember Mork voting no.

 

Councilmember Pobee moved Amendment #2a to modify the Planning Commission’s recommendation for SMC 20.40.300(A) by striking all references to a fee-in-lieu program and that the density bonus for affordable cottages shall only be available at such time as the City establishes an affordable home ownership program. The motion was seconded.

 

Councilmember Pobee questioned why the City would want to allow a mechanism for a developer to build additional units of expensive housing by paying a fee. Ms. Keim said the fee in lieu option was put in place to encourage additional cottages and to then fund the City’s trust fund to subsidize more deeply affordable housing. Several Councilmembers shared concerns over having a fee in lieu program in place at all but said they would support the amendment because it is preferable to the Planning Commission’s language.

 

The motion to adopt Amendment #2a passed 5-2, with Deputy Mayor Robertson and Councilmember McConnell voting no.

 

Councilmember Roberts moved Amendment #5 to modify the Planning Commission’s recommendation for SMC 20.40.300(C) to increase the maximum cottage height to 24 feet and remove reference to height increases for tree preservation. The motion was seconded and passed unanimously 7-0.

 

Councilmember Roberts moved Amendment #13 to modify the Planning Commission’s recommendation for SMC 20.50.390 to not require parking within ˝ mile of a transit stop. The motion seconded.

 

Councilmember Roberts said it is difficult to fit buildings, provide parking spaces, and preserve trees all on one lot and decisions will need to be made. His preference is to preserve the ecosystem instead of paving over it. Furthermore, HB 1110 will require parking requirements within ˝ mile of a transit stop to be eliminated. Several Councilmembers said they could not support this amendment but would entertain an alternative parking reduction option.

 

Councilmember Roberts moved to withdraw the motion to approve Amendment #13, which was seconded and passed unanimously 7-0.

 

Councilmember Roberts moved Amendment #14 to modify the Planning Commission’s recommendation for SMC 20.50.390 to require only one parking stall per cottage unit. The motion was seconded and passed 6-1, with Councilmember McConnell voting no.

 

Councilmember Roberts moved to strike the Planning Commission’s recommendation for 20.50.760 Tree Preservation Incentives in its entirety. The motion was seconded.

 

Councilmember Roberts pointed out amendments have been made to the Planning Commission’s recommendation that change the incentives for height and tree retention requirements, therefore the language in 20.50.760 is no longer necessary. The motion to strike 20.50.760 passed unanimously 7-0.

 

The main motion to approve Ordinance No. 984 establishing Cottage Housing Development Standards, as amended, passed unanimously 7-0.

 

(c) Action on Resolution No. 512 - Amending the Fee Schedule to Provide For a For-Purchase Affordable Housing Fee In Lieu

 

Elise Keim, Senior Planner, explained that Resolution No. 512 is proposed to amend the Fee Schedule to establish a Fee In Lieu for affordable housing. She noted that due to the outcome of the previous agenda item, Resolution No. 512 will require amendments to keep it in accord with the new language of Ordinance No. 984.

 

Councilmember Roberts moved to postpone consideration of Resolution No. 512 to the June 12th Regular Council Meeting. The motion passed unanimously 7-0.

 

10.

ADJOURNMENT

 

At 9:27 p.m., Mayor Scully declared the meeting adjourned.

 

/s/ Jessica Simulcik Smith, City Clerk