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HomeMy WebLinkAbout02-23-2004 - MinutesMEDINA CITY COUNCIL STUDY SESSION MINUTES February 23, 2004 Medina City Hall 7:00 PM 501 Evergreen Point Road Mayor Odermat called the Council Study Session to order at 7:03 p.rr_ ROLL CALL Present: Council members Miles Adam, Katie Phelps, Bob Rudolph, Pete Vail-Spinosa, Deputy Mayor Todd Nunn and Mayor Mary Odermat Absent/excused: Council member Drew Blazey Staff Present: City Manager Doug Schulze, City Attorney Kirk: Wines, Planning Director (PD) Joseph Gellings and Recording Secretary Caroll Wedlund ANNOUNCEMENTS Mayor Odermat stated the Park Board had three applicants for two positions, and the Council had been requested to authorize one more PB member. Mayor Odermat was hopeful the new PB members could be appointed at the next Council meeting. Council member Adam wanted to ensure consistency for this process, noting the Planning Commission opening a year prior had gone through the Personnel Committee. Mayor Odermat stated any appointment must have Council consensus. Deputy Mayor Nunn commented such action went to the Council as a whole. Mayor Odermat added there had been difficulty with that PC appointment because the applicant had not completed an application. City Manager Schulze clarified this could be discussed under agenda item D-3, Council Policy Manual. City Manager Schulze distributed copies of the 2004 Council calendar through June. He also disseminated an article from the Bothell -Kenmore Reporter, noting other cities were having the same problems as Medina, and it was appropriate for discussion under the Council Policy Manual. Council member Rudolph commented Medina would be impacted if tie 25 percent property tax issue passed. Council member Vail-Spinosa inquired about levy lift LIDs. City Manager Schulze stated it depended upon the LID lift language the Council wanted. This issue would require an acrDss-the-board reduction in levy taxes. He will check and report back to the Council. DISCUSSION Site Plan Review —Mayor Odermat stated the Council needed to conduct a review of PC recommendations regarding the new site plan review program, and verify that the policy direction of their recommended ordinance met the Council's intentions. Henry Paulman, 1415 — 80th Avenue NE, wanted Deputy Mayor Nunn recused, for appearance of fairness. Deputy Mayor Nunn stated he had discussed this subject with the City Attorney, and it had been determined his presence was acceptable during discussion of site plan review. Mr. Paulman objected again, and his objection was noted. PD Gellings gave an overview of what the PC had done with the new site plan review program. The PC had recommended it only apply for lots over 80,000 square feet, and only 20 lots in Medina met that condition. The PC had also suggested construction of any home or substantial remodeling of a home on a lot over 80,000 square feet should trigger site plan review. He summarized the eigl-t bullet points outlined in the Site Plan Review Objective Statement. PD Gellings also stated the PC had discussed this matter at four different meetings and held a public hearing at the June, 2003 meeting. In developing their recommendation, the PC had focused on analyzing how a new site plan review program would rela,e to existing land use controls for large homes and how property rights would be impacted. He summarized the PC's decision -making process and their resulting draft ordinance. He referred to the Site Plan Review Inquiry in the Council packets as well as on the white board. The PC had recommended the site plan review should influence massing. They also thought site plan review should potentially control the building outline. The PC had spent a lot of time discussing existing building controls such as structural coverage, building height and setbacks. They had recognized where there was no alternative but to recognize the primary impacts, building outline should be part of the review. That was why he had added alternative building outlines to the Site Plan Review Inquiry. PD Gellings stated the Zoning Code already placed maximum height and coverage restrictions on Medina residences. The PC did not want any reduction from existing height and coverage allowances through site plan review. He commented some of Medina's largest lots were spread over small neighboring lots through ICt consolidation, resulting in the potential for a house that dwarfed adjacent neighbors. City Council Study Session Minutes February 23. 2004 Page 2 City Manager Schulze clarified the city had addressed construction issues through the Construction Mitigation Plan, as well as some of the long term impacts via setback regulations and lot coverage restrictions. However, it had not provided guidance for the ongoing issues that could be handled with a site plan review process. There had been support from three different property owners who fell into this category after the fact that going through a site plan review beforehand would have helped them during the process. Council member Adam thought the site plan review process was too restrictive. Council member Rudolph explained some of the buildings on the Bezos property were historic in nature, such as the firehouse, and site plan review would give some flexibility to special situations like that. PD Gellings stated theoretically, site plan review could force an applicant to change setbacks, because when building outline was influenced, the building became more slender, which would increase the setbacks. However, building setback formulas were not being changed. PD Gellings recalled prior to discussing site plan review, the Council and PC had spent a lot of time discussing site coverage allowance, resulting in coverage for large lots increasing more slowly than lot size. A fixed percentage was given to all lots, and in this case it was 13 percent. PC Chair Mark Lostrom, 802 — 84th Avenue NE, stated he was not part of the PC when this was recommended. He projected each site plan review would be appealed, and the Hearing Examiner would be faced with making a correct judgment. He also thought a formula should be generated for spreading bulk in numerous buildings. Neighboring communities like Hunts Point used a diminishing returns formula. They also required that construction on large lots be arranged differently to give neighbors more room. PC Vice Chair Mark Nelson, 1233 Evergreen Point Road, had a different opinion than PC Chair Lostrom. He recalled the PC found it difficult to decide upon objective criteria that would meet with both Council and public approval. The PC was trying to protect neighbors from negative impacts. He expressed regret that this ordinance did not have the ability to provide some flexibility for parcels such as the Bezos property, if the property owners met the intent of the Code and the result was not readily visible to neighbors. He commented cities such as Renton currently implemented the site plan review process. VC Nelson suggested the ordinance be tested by a couple of architects to determine what they could find wrong with it. He also recommended determining whether Renton s ordinance was being challenged. VC Nelson did not think Renton ordinance had a lot of objective criteria. City Manager Schulze stated the idea behind the site plan review process was most of the work should be done at the staff level in working with the applicant. The result would be a project that had the least impact on neighboring properties but would still work. City Attorney Wines explained the city could have problems if they did not include objective criteria. An applicant should not have to wait until a meeting with staff or a PC hearing before they knew what they could do. He emphasized if the city was going to require an applicant to go through this process, it must have something objective for reference. Council member Rudolph stated it might be worth another look at what the City of Lincoln, Massachusetts (near Boston) had devised to combat this problem, as there was a risk Medina's site plan review ordinance as written would be challenged. He suggested there could be a site plan review or an alternative, such as some restriction of building size. Mayor Odermat added there was a need to come up with objective criteria. Deputy Mayor Nunn commented he was concerned about such decisions being reversed by the Hearing Examiner, PC Chair Mark Lostrom voiced agreement with many of the Council members' comments. He thought the community should inventory historic structures and try to intertwine them into development regulations. He believed they should be recognized formally and dealt with separately. If the Code did not address these concerns, the city would not obtain the desired result. He emphasized design review worked best when it was in place from the very beginning, rather than after the fact. PC Vice Chair Mark Nelson inquired how one defined the difference between design review and site plan review. He had never heard of anyone appealing a design review issue. He had designed a library and a condo in a small residential neighborhood on Mercer Island, both of which were required to go through design review. A design review panel furnished constructive feedback. Based upon that information, he went back to the drawing board and furnished them with redesign. Everyone gained in that experience. Therefore, the process worked on Mercer Island. He thought it would be worthwhile to obtain sortie feedback of their ordinances and new regulations regarding setbacks and height. Two Council members inquired about reviewing the Mercer City Council Study Session Minutes February 23,2004 Page 3 Island criteria, how long it had been in effect, how many challenges there had been, and whether or not the petitioners had prevailed. Mayor Odermat inquired what degree of subjectivity sustained legal challenge? Council member Rudolph requested that staff check with the Town of Hunts Point as well. Mayor Odermat pointed out the Council had been furnished with example ordinances by lobbyists a year ago. Staff was directed to research and present what had been legally sustainable in other communities for the next Council Study Session. The Site Plan Review was also returned to the Planning Commission with the following direction: a. Check Mercer Island's experience with design review; b. Check Hunts Point's experience with design review. c. The Council prefers more objective criteria, and d. The building outline/placement general approach is acceptable. School Special Use Criteria —Mayor Odermat stated the PC would hear School Special Use Criteria in a public hearing on March 2, 2004, followed by a public hearing before the Council on March 8, 2004, PD Gellings recapped his staff report, noting during the January Study Session, the Council had reviewed a comprehensive list prepared by staff of design priorities for the new school. The Council then identified seven of those issues as possibly warranting code changes. He reviewed the matrix in the Council packet containing draft objective statements for some of these issues, and additional information that had been requested by the Council for the remaining issues. PD Gellings commented finalizing the objective statements would allow the PC to hold a public hearing and develop recommended Code changes at their March 2 meeting. PD Gellings gave an overview of the open house at Medina Elementary and invited the public to attend future meetings. As an assist, Medina had placed an announcement in the Medina Newsletter. He pointed out residents had expressed concern about circulation to Overlake Drive West, as well as parking facilities. He added the District had furnished feedback regarding strategies of where to place one story versus two. There had been some discussion about building height and massing as well. Council member Phelps commented the Bellevue School District announced parents had requested a northwest look. Ron Santi, 7842 NE 8th Street, agreed with Council member Phelps. He added there was a desire to make the school project timeless. PC Chair Mark Lostrom relayed District personnel had stated in a ten-year projection, enrollment was not anticipated to change. He noted they had promised to work on traffic and circulation issues. Further, they wanted to preserve the current location and size of the soccer field, which meant there was a very strong constraint where buildings would be placed on the rest of the property. PD Gellings stated any parking problem on the existing site was driven by special events. However, the city had an opportunity to address special events if they made this part of the special use criteria. Council member Phelps added elementary schools by function had more parental involvement, and they did not compare to middle and high schools. Deputy Mayor Nunn commented the District should be able to build a school that worked. PC Vice Chair Mark Nelson was concerned about special events and whether or not other schools had the same level of parental involvement as Medina. He had noticed the impact of those special events on the neighbors, and asked whether or not this concern had been expressed to the city. If so, should the city make allowances for it? His concern was for the neighbors having cars parked around their homes. He also inquired whether the Council wanted the buffering criteria to include not only adjacent resident properties, but also those across the right-of-way or across the street. Ron Santi stated the city should defer to the school regarding parking needs, but should also be concerned about mitigation. The real issue was how to configure the parking. He thought as one turned the corner, they should not see a vast parking lot and a big school. Mr. Santi suggested under structure parking for staff, to reduce the parking configuration. He added the District did not want to discuss it, as such action would increase the cost. This subject had come up at the first meeting, and had been pushed off to the side, because the District did not want to consider it. He suggested the city ask the School District to analyze that option. PD Gellings stated District personnel had stated a large budget spike would result if underground parking were required. Mayor Odermat suggested staff obtain a cost analysis for underground parking. Perhaps the community could contribute financially as well. Mr. Santi stated this was a S10 million project and the District had more money to spend. City Council Study Session Minutes February 23, 2004 Page 4 Deputy Mayor Nunn stated the Council wanted flexibility for the mitigation process. The District would present their proposal, and the city retained approval rights. Council member Vall-Spinosa thought the District should consider more landscaping along the street. The consensus of the Council was to trust the District to do what was right for the Medina community. The Council could add conditions when the special use permit came before them. PC Chair Mark Lostrom stated it was easy to draft language that covered particular elements of the existing school or parking design. PD Gellings relayed the parking issue would switch to special use criteria. Independent from that, the city would review the feasibility cost for structured underground parking. However, the Council still needed to discuss building height and massing to complete the objective statement. Council member Phelps stated the example picture signage for Medina Elementary School that was distributed during the February 9 Council meeting was what they wanted. However, the pictures were a guideline and were not set in stone. Deputy Mayor Nunn thought it made sense to address signage in the special use permit. PD Gellings cautioned the city would have to amend the portion of the Code that addressed signage, as current regulations were very restrictive regarding signs. City Manager Schulze suggested the Code be amended to allow for flexibility with regard to schools. Ron Santi speculated other schools might then want new signs. He emphasized any sign should not be visible from the street. It should not face toward the neighborhood, but rather toward the parking lot. Deputy Mayor Nunn responded that could be discussed at a special use hearing. Council member Adam commented the primary communication vehicle for meetings was the internet. He did not think a sign should be placed along the road to announce a PTA meeting. PC Chair Mark Lostrom cautioned any Code modification must be very specific. He thought the sign should be unlit, so as not to unreasonably impact the neighbors. He also suggested the city could be very lenient about temporary banners announcing school events being placed along the fence. Chair Lostrom requested guidance for sign ideas only for schools. Deputy Mayor Nunn suggested this issue could be decided in a special use permit hearing. PD Gellings referred to recent Bellevue School District project depictions in the Council packet, noting the Council had wanted to ensure the city did not end up with a stark, featureless building. He did not think there would be a massing problem. The first three depictions were the result of Bellevue School District hiring an architect, and the last three were by the architectural firm McGranahar Architects. Ron Santi was concerned the city might be left with something it already had. His preference was for one story, but it would be a tight on the lot. He did not want to see two stories but if it were designed well and allowed flexibility, that might be tolerable. He also voiced concern about building height, and suggested modulating the height impact with only one story along NE 8 Street. Two Council members liked the first three school designs better than the last three. PC Chair Mark Lostrom suggested the School District should be informed which school designs were preferable. As a citizen, architect and PC Vice Chair, Mark Nelson voiced concern about the massing of this large building in Medina. He liked the Phantom Lake design, as it fit in well with the community. He emphasized the School District only had to maintain the school, but residents had to live with the result. PD Gellings stated the Code stated 35 feet from the highest point of the finished grade for a school. However, that was a very flat site, so 35 feet across the highest point of the finished grade might be the same as 35 feet from the lowest point. PC Chair Mark Lostrom suggested if the Council wanted the school to fit into a residential community, requiring the height restriction to be the same as for residences would modulate the height. He thought the District could build to 67,000 square feet without a variance, but until one actually saw the design, it would be difficult to tell. The District was allowed higher than residential height for the school, but it was also committed to setbacks for adjacent homes. When asked how the courts would view a challenge if the city changed the Code for a specific project, City Attorney Wines explained a lot was based upon the good faith of the School District. It was a new process that the city had not tested before. The issue was whether the objectives were reasonably ascertainable or not. He City Council Study Session Minutes February 23, 2004 Page 5 felt the massing issue should be dealt with as a special use permit criterion. Design review seemed to go over poorly with courts as opposed to special use permit criteria. PC Vice Chair Mark Nelson suggested informing the District the city wanted to maintain a rural character. He also recommended the school be kept in the special use permit process, with a statement Medina wanted it to fit into the neighborhood residential character and into the Comprehensive Plan. If it did not meet the city criteria and fit into the character for Medina, the plans could always be returned. He asked City Attorney Wines if this was something that would sustain an appeal. City Attorney Wines responded if written correctly, it should stand up in court. Two Council members indicated that way, the school could be kept in the special use permit process. Ron Santi commented the School District had been furnished with concepts, and did not seem to have reworked any of them from the first meeting to the second one. He stressed the importance of coming to consensus of what would be required early in the process- PD Gellings announced the next community forum was likely to be within the next 2-3 weeks, and Medina Elementary personnel knew the deadline for inclusion in the Medina Newspaper was quickly approaching. Council member Vall-Spinosa suggested contacting Bellevue School Board member Judy Bushnell to convey the Council's wishes. City Manager Schulze thought Board members may not have a lot to do with design criteria. PC Vice Chair Mark Nelson asked if the Council intended to hear this as a special use permit process. He also inquired if he as a PC member could attend such meetings and not compromise his role on the PC. City Attorney Wines responded Mr. Nelson was allowed to talk during such forums. Mr. Nelson requested he be reminded for all future meetings regarding Medina Elementary. Mr. Nelson also indicated he knew Bellevue School Board member Judy Bushnell very well. Mayor Odermat requested staff to convey the city was looking for something residential in appearance. The Council also sent the School Special Use Criteria to the PC with the following direction: a. The process should be flexible to allow the Council to work with the Bellevue School District. b. The Council prefers to use the Special Use Permit process whenever possible, and c. Under -structure parking should be encouraged. Deputy Mayor Nunn left the meeting at 9:42 p.m. Council Policy Manual —The Council Policy Manual was tabled to the March 22, 2004 Study Session. EXECUTIVE SESSION Per RCW 42.30.110(i), the Council recessed into Executive Session at 9:48 p.m. to discuss pending litigation. The meeting reconvened at 10:00 p.m. ADJOURNMENT Council member Vall-Spinosa moved, seconded by Council member Rudolph, to adjourn at 10:00 p.m., and the motion carried unanimously. Attest Mayor Ma, y Odermat r f t'F_,C_C-i Carol) P, Wedlund, Recording Secretary