A second Island moratorium?

Council considers pausing practice of short platting; votes 5-2 to have a second reading on Dec. 7.

An item tacked to the end of the Nov. 16 City Council meeting could have wide repercussions in Mercer Island neighborhoods.

Deputy Mayor Dan Grausz proposed adopting a six-month moratorium on the acceptance of applications for subdivisions and lot coverage deviations, which are the development practices that allow larger homes to be built on smaller lots.

Mercer Island already has a moratorium in place for development over two stories in the central business district, which was imposed in February 2015 and extended to June 2016 as the city revises its downtown development codes.

But Councilmember Terry Pottmeyer said the city has been “looking at one fire and our barn is burning behind us,” referencing the practices of short platting and building ‘mega-houses’ over which many residents have expressed concern.

Grausz said that these development tactics are “continuing problems” in First Hill, where he lives, and affect Islanders much more than Town Center codes do. The character of the neighborhood is changing, he said: more homes are being built, yards are getting smaller and lot lines where trees and other vegetation have been planted are shifting. Mercer Island’s tree ordinance does not protect flat lots.

“The biggest impact that I’ve observed, at least, is when you get into these short plats,” he said. “Our code doesn’t give staff a lot of tools to address that.”

Grausz brought two options to the Council: an emergency ordinance that would go into effect immediately, or one that would allow for a second reading at the next Council meeting on Dec. 7. The Council started discussing the item around midnight on Monday, Nov. 16.

Councilmember Debbie Bertlin advocated for addressing the topic in January after the three new councilmembers come on board and more community members have a chance to weigh in. She and Mayor Bruce Bassett voted against the ordinance, which passed 5-2 after a short conversation in executive session.

Bassett said that the tree code has other issues that need to be addressed, and that the amount of staff and other resources that would need to be allocated to this project could derail others.

Grausz said he would not support a complete rezoning of neighborhoods, but that while the city finds a way to review short plats to be more protective of neighborhoods, the practice should be stopped altogether.

“There is permanent and irreversible damage occurring in neighborhoods because we have a code that right now lets that happen,” he said. “It’s time to address it.”

Councilmember Benson Wong said he was bothered by the “emergency nature” of the way in which the topic was brought before the Council, noting that he agrees there is an issue but that the ordinance “is coming out of nowhere” and the public “hasn’t had a chance to think about it or discuss it.”

Development Services Director Scott Greenberg said he has noticed a trend: there were eight applications for short and long plats in 2013, which included Coval, five in 2014 and nine in 2015. There were 32 impervious surface deviation permits submitted in 2013, 24 in 2014 and 23 so far in 2015. Of the total 79 applications, 25 were submitted by developers like JayMarc Homes and RKK Construction, he said.

Six complete applications have been filed and are currently under review, for a total of 19 lots, Greenberg said.

Councilmember Mike Cero, a vocal opponent of increased density in neighborhoods, said he applauds the ordinance but is “uncomfortable with the transparency of throwing this on the Island without some due review of it,” which is why he voted to have a second reading.

Cero said he has looked at residential zoning and in one area, there are “321 lots where you could theoretically combine two lots to make three short lots,” and 200 in another.

He said it would be “environmentally responsible” to encourage home remodels instead of teardowns and “change the zone to reflect what’s actually there.”

Wong said he felt comfortable voting on the ordinance to start the conversation and press the ‘pause’ button on these two types of residential development, which Grausz said have the most significant consequences and could be tackled without a “massive effort.”

“There is a problem. I think we can all recognize it, and I think we need to do something,” Wong said.

Ross Freeman, city communications and sustainability manager, said the city is not aware of any precedent involving a jurisdiction having two moratoriums at the same time, but “research would be required to confirm.”

Citizens who want to speak on the proposed moratorium can do so at the Dec. 7 Council meeting or at a public hearing at the Jan. 19 Council meeting.

Read the text of the proposed ordinance here.