Shoreline Planning Commission Public Hearing - November 2, 2023

The Shoreline Planning Commission held a public hearing on Thursday, November 2, 2023, at 3:00 PM UTC to consider proposed ground floor commercial development code amendments. The commission also heard general public comment and took action on the staff recommendation.

Consent Calendar

• Approved the agenda and the minutes from the October 19, 2023 meeting without changes.

Public Comments & Testimony

• Josh Friedman (attorney representing Black Brant LLC, a joint venture of two Alaska native corporations owning the Metro Access site on Fifth Avenue NE) gave general public comment. He stated that the city's position on fleet bases is controversial and that the draft regulations would not apply to their legally permitted and operating site. He noted that both his client and Metro have appealed the city's order, and quoted Metro's statement that the city's course of action "has placed thousands of Metro riders in Shoreline and its vicinity in jeopardy of limited, reduced, or no services." He urged the commission to understand the full context before supporting the code changes, which could disrupt transit services for people with disabilities and harm tribal members.
• Bob Gregg (Edmonds resident with 40 years of experience in multifamily and mixed-use development) testified during the public hearing on the code amendments. He expressed support for ground floor commercial generally, citing his successful projects, but raised a specific concern about the MUR70 zone north of 145th Street. He noted that 40 of 45 lots there are 60 feet wide, and the proposed 60% commercial facade requirement (on non-primary streets) would not leave room for required drive aisles and commercial space on single lots. He requested that the 60% requirement be limited to building facades of at least 100 feet (rather than the lot frontage) to allow development on 60-foot-wide single lots without requiring lot assembly. He emphasized the need for certainty in the code rather than relying on administrative design review flexibility, which can be unpredictable.

Discussion Items

• Staff (Nate Dom, Economic Development Program Manager, and another staff member) presented the proposed Ground Floor Commercial Development Code Amendments. Key proposals included: expanding primary commercial corridors to all arterial street types (including collector arterials), changing terminology from "commercial" to "non-residential" to be more inclusive, removing parking requirements for non-residential uses, maintaining height bonuses (5 ft for commercial, 10 ft for restaurant, 20 ft for grocery), and setting design standards (60% facade transparency on principal/minor/collector arterials, 45% on other streets; 75% of ground floor abutting primary streets required to be commercial space; minimum depth of 15 ft with 30 ft average; ceiling height reduced from 18 ft to 15 ft). Staff recommended forwarding the amendments as drafted to city council.
• During deliberation, Commissioner Callahan asked staff about flexibility for the narrow lot situation raised by Bob Gregg. Staff responded that administrative design review can grant departures based on site constraints, offering some flexibility. Bob Gregg interjected that he would prefer the flexibility be codified to provide certainty before investing hundreds of thousands in design. Commissioner Lynn noted that the pre-application meeting also allows applicants to seek flexibility. The commission ultimately did not propose any changes to the draft code.

Key Outcomes

• Motion to recommend approval: Commissioner Lynn moved that the Planning Commission issue a recommendation to City Council to approve the proposed Ground Floor Commercial Development Code Amendments as written in Attachment A of the staff report dated November 2, 2023, and forward that recommendation to Council. Commissioner Callahan seconded.
• Vote: All present commissioners voted in favor: Commissioner Galuska (Aye), Commissioner Brenson (Aye), Commissioner Callahan (Aye), Chair Sager (Aye), and Commissioner Lynn (Aye). Commissioner Mosier and Vice Chair Wamachon Jay were absent.
• Next steps: The recommendation will go to City Council on November 20, 2023, with potential action on December 11, 2023. The interim regulations expire December 13, 2023. Staff also agreed to provide a brief update on the Fur Crest project at the next meeting (either as part of the director's report or a separate presentation).