Shoreline Planning Commission Meeting - January 6, 2022

The Shoreline Planning Commission met on January 6, 2022, at 7:00 PM via webinar. The primary agenda item was a study session on the 2021 Development Code Amendments Batch 2, which includes miscellaneous, SEPA, and tree-related amendments. The commission also elected a new vice chair and received an update on the Point Wells subcommittee. No votes were taken on the code amendments, which will proceed to a public hearing on February 3, 2022.

Consent Calendar

• Roll call confirmed the presence of Commissioners Callahan, Galuska, Lynn, Malik, Wamashonji, and Chair Sager.
• The agenda and the minutes from December 16, 2021, were approved without changes.

Public Comments & Testimony

Seven members of the public spoke, all focusing on the tree preservation code amendments. Key points from each speaker:

• Wally Fosmore (resident, tree preservation code team): Urged the commission to direct staff to study the proposed tree code amendments (specifically amendment 6 regarding protection during clearing and grading) within 60 days and submit to council by end of February. Noted that the code does not apply to R4, R6 zones and major development zones (CBN, B, MB, TC123, MUR70), and that financial guarantee clauses (L, M) apply only to MUR35/45 zones.
• Martha Diesner (resident, tree preservation code team): Opposed amendment 10 (tree replacements) as proposed by staff, arguing it reduces required replacements. Cited examples of 65, 28, and 29 trees waived on specific sites. Requested that replacement trees be required on-site or fee-in-lieu paid, and that the developer can redesign to accommodate trees.
• Suzanne Soming (resident, tree preservation code team): Recommended changes to amendment 2 (definitions: 6 inches DBH for significant tree, 24 inches for landmark). Supported amendment 6 (general requirements) to extend stop work orders/penalties to residential zones R8-R48, TC4, MUR35/45. Also recommended staff produce a map of parcels over one acre for amendment 7.
• Gail Janssen (North Seattle resident, tree preservation code team): Asked the commission to request staff develop incentives for developers to retain more than 25% of trees (amendment 8). Opposed the words "waive" and "reduce" in amendment 9, and requested amendment 10 require on-site replacement or fee-in-lieu.
• Nancy Morris (resident, Shoreline): Encouraged the commission to recommend the tree protection code as submitted by the tree preservation code team, citing the city's own publication on tree importance.
• Kathleen Russell (resident, tree preservation code team): Noted the code team submitted proposals over a year ago. Highlighted that major development zones (community/business, town center, MUR70) currently require no tree retention. Urged protection of mature trees for health and climate, referencing Comprehensive Plan goals.
• Michael Oxman (Seattle resident, "tree doctor"): Urged the commission to pass the full tree protection package, warning that developers often oppose strong tree regulations. Advised requiring new construction to coexist with existing trees.

Discussion Items

1. 2021 Development Code Amendments Batch 2 (Study Item) – Staff Presentation

• Mr. Zafron (staff) presented the three sub-batches: miscellaneous, SEPA, and tree amendments.
• Miscellaneous Amendments (reviewed July 2021):
  • Amendment 8/9: Allow reduction of one front yard setback on corner lots to increase flexibility for home expansions or detached ADUs.
  • Amendment 11: Exempt certain site improvements for adaptive reuse of vacant commercial buildings (e.g., theaters, daycares, restaurants) if criteria are met (no significant noise, no expansion, no new signs facing residential, landscape buffers).
  • Amendment 13: Remove requirement that parking for residential units must be included in rent/sale price, citing affordability, equity, sustainability, and proximity to transit.
• SEPA Amendments (reviewed August 2021): Clarify appeal processes for environmental decisions without substantially changing evaluation.
• Tree Amendments (reviewed October, November, December 2021): New definitions, protections during development, increased retention, replacement, and public notification.
• Next steps: Public hearing on February 3, 2022, for commission recommendation; council discussions February 28 and March 7; potential council action March 21.

2. Commissioner Questions

• Commissioner Malik asked what percentage of the city’s land area is covered by zones exempt from the tree code (e.g., MUR70). Planning Director Rachel Markle responded that about 80-82% of the city would be subject to the new regulations, while 18% (including MUR70, MB, CB, NB) would not. Malik noted that not all trees in those zones are removed, but the discussion is about potential loss.

3. Election of Vice Chair

• Commissioner Malik nominated Commissioner Wamashonji. No other nominations. Vote: all six commissioners (including Wamashonji) voted in favor. Commissioner Wamashonji was elected vice chair.

4. Reports: Point Wells Subcommittee

• Commissioner Malik provided a detailed history of the Point Wells development dispute, starting from May 2010 when the site's designation changed from urban industrial to urban center. He explained legal challenges by Save Richmond Beach and Town of Woodway, Growth Management Hearings Board rulings, and court decisions that were prospective and did not affect the vested application. Current status: pending a King County court ruling on the development application. Ms. Taylor (staff) reported no ruling yet; expected soon.

Key Outcomes

• No votes taken on the development code amendments. The commission will hold a public hearing on February 3, 2022, to make a formal recommendation to the city council. Chair and staff will coordinate how to proceed with voting on each amendment.
• Vice Chair Elected: Commissioner Wamashonji was unanimously elected vice chair of the Planning Commission.
• Point Wells Update: No new ruling from King County court; commission will be notified when received.
• Next Meeting: January 20, 2022, study item on MUR70 zone development code amendments, following joint council discussions.