Burien Council Rejects Shoreline Zoning Correction After 4–3 Vote

The Burien City Council voted 4–3 on January 26 to reject a proposed zoning amendment affecting Three Tree Point, disappointing residents who said the request was meant to correct shoreline zoning that no longer aligns with the city’s Shoreline Master Program.

The amendment was recommended by the Burien Planning Commission on December 10. Commissioners voted in favor of reversing portions of Three Tree Point from high-density residential zoning (R3) to low-density residential zoning (R1) and removing certain Commercial Land Use designations. Planning commissioners described the proposal as a correction intended to better match shoreline protections, environmental constraints, and existing neighborhood patterns.

Planning Commission member Jessica Ivey told councilmembers the recommendation followed months of testimony from residents in Three Tree Point, Lake Burien, and Seahurst. Those residents argued that previous rezonings increased density in shoreline areas in ways that conflicted with shoreline policies.

City staff then presented their recommendation. Community Development Director Liz Stead and Senior Planner Chaney Skadsen advised the council to deny the amendment, despite acknowledging that a prior city council had directed staff in September to develop it. Several residents noted that the council now voting on the issue is not the same council that originally requested the work, following recent elections and changes in council membership.

Councilmember Linda Akey moved to include the amendment on the Comprehensive Plan docket. Councilmember Kevin Schilling seconded the motion, and Councilmember Alex Andrade voted in favor. The motion failed on a 4–3 vote.

For many residents, the decision was closely tied to comments made by Councilmember Rocco DeVito during the December 10 Planning Commission meeting. Attendees said DeVito made dismissive remarks about wealthy residents while discussing the zoning issue, comments they described as derisive and concerning.

Several residents said those comments raised questions about impartiality and believed DeVito should have recused himself from the January 26 vote. DeVito did not recuse himself, and his vote was part of the majority that defeated the amendment. Some residents also expressed disappointment that Mayor Moore did not formally address the issue during the council meeting.

While the broader zoning correction was rejected, city staff said sustained public pressure prompted additional review under the Shoreline Master Program. As a result, limited changes will move forward independently.

According to city staff:

• One commercial lot along Indian Trail on Three Tree Point will be reclassified as Residential
• Three commercial lots on the west side of Lake Burien will be reclassified as Residential
• Only properties along the north shore of Three Tree Point will be rezoned from R3 to R1

The following shoreline areas will remain zoned R3 (high density):

• Lake Burien
• Most of Three Tree Point
• Seahurst

City staff presented a slide during the meeting showing the affected parcels highlighted in purple.

Residents said the partial changes acknowledged shoreline constraints but did not address the broader correction recommended by the Planning Commission. Many said they left the meeting frustrated, feeling the final vote failed to reflect months of public testimony and engagement.

Burien residents Stan and Dawn Lemmel, who spoke at the council meeting, later expressed disappointment with the new mayor's lack of willingness to "recognize the call by citizens to hold Councilmember DeVito accountable for the derogatory, highly prejudicial and uncalled for comments that were publicly and inappropriately directed toward the citizens, requesting this amendment, during a December 10th Planning Commission meeting."

Also noted by the Lemmels, "Councilmember DeVito should have been censured by the mayor for his inflammatory words and flagrantly biased position. Had Mayor Moore respected and honored her responsibility and obligation to advocate for ALL of Burien's citizens, and made an attempt to establish a tenure of trust, Councilmember Devito would have been denied the right to vote on the amendment issue, due to his uncalled for and incendiary remarks."