Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC HEARING 7:00 P.M. June 19, 2014 CITY COUNCIL CHAMBERS Video-taped & Audio-recorded www.cob.org CALL TO ORDER: The meeting was called to order by Tom Grinstad, Chairman of the Planning Commission. ROLL CALL: Tom Grinstad, Jeff Brown, Danne Neill, Garrett O'Brien, Ali Taysi, Phyllis McKee and Steve Crooks Present: Tom Grinstad, Jeff Brown, Danne Neill, Garrett O’Brien, Ali Taysi, Phyllis McKee and Steve Crooks Staff Present: Greg Aucutt, Assistant Director; Lisa Pool, Senior Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES: The minutes from April 17, May 15 and June 12 were submitted to the Commission for approval. Steve Crooks / Phyllis McKee moved to approve the April 17, 2014 minutes as amended. VOTE: ALL AYES Phyllis McKee / Ali Taysi moved to approve the May 15, 2014 minutes as amended. VOTE: ALL AYES Jeff Brown / Phyllis McKee moved to approve the June 12, 2014 minutes as amended. VOTE: 5-0- 1 (Taysi abstained) 15 MINUTE PUBLIC COMMENT PERIOD: No testimony given. PUBLIC HEARING: Consideration of two requests to docket amendments to the BMC for review in 2014-2015. 1) Remove the "non-retail" restriction from the existing Commercial, Planned zoning for approximately 1.7 acres in Area 9 of the Samish Neighborhood Plan and the BMC. The property is located between I-5 and Samish Way, south of the Elks Lodge. 2) Amend the Samish Neighborhood Plan, Area 1, and BMC to rezone approximately 1.62 acres from Commercial, Auto to Commercial, Planned. The property is located on the west side of Ashley Avenue, north of Byron Avenue. Greg Aucutt explained the docketing process and procedures. He also explained that once the docket is set, the applicants will need to submit rezone and comprehensive plan amendment applications, which will go through public hearings at Planning Commission and City Council. Commissioner Ali Taysi recused himself from the discussion, due to a conflict of interest. Final Copy - 1  STAFF PRESENTATION Lisa Pool reviewed the annual docketing criteria that the Commission will be weighing each proposal against. She stated that staff believes the Samish Neighborhood, Area 1 proposal meets the docketing criteria and is recommending approval. She explained the proposal for Samish Neighborhood, Area 9 and stated that staff is recommending approval with the condition that the 3,929 sq. ft. property owned by the Elks Lodge be included when the rezone application comes back for review. Lisa Pool addressed some of the written comments that were submitted. She stated that the Ashely St. proposal was received after the April 1 deadline due to a miscommunication between staff and the applicant. She noted that the property owners for both proposals have appointed AVT Consulting and Scot Swanson to speak on their behalf. APPLICANT PRESENTATION Scot Swanson summarized his written comments related to the Ashley Street proposal. He stated that he agrees with staff's recommendation to docket this proposal for further consideration. He commented on the infill potential of the site, as well as the timing issue related to the application. He explained that, according to the Growth Management Act, the only stipulation regarding comprehensive plan amendments is that all proposals be considered at the same time to ensure consistency by analyzing all the proposals and zoning changes concurrently. Scot Swanson stated the docketing criteria has been met for the second proposal as well. He mentioned that he has no objection to the additional site being included as a condition. He noted that the Elks Lodge has not objected thus far, but no final decision has been made yet. PUBLIC HEARING OPENED Dick Conoboy spoke to the Ashley Street proposal. He read his written submittal which detailed why, in his opinion, this proposal does not meet the criteria outlined in the Bellingham Municipal Code. Ron Judd spoke to the Area 9 rezone. He spoke to what currently exists and noted that there is definitely potential for development. He noted the neighborhood's appreciation for the buffer and expressed concern about retail being allowed on this side of the freeway. He encouraged the Commission to consider the character of the neighborhood and how it will be affected by allowing retail in this area. Keith Miller, Church of Christ agreed with previous speaker. He expressed concern about what the final development will be on the site. He stated that he would like to see homes developed on this site (Area 9). Barbara Bessire expressed concern about what will be developed in this area (Area 9). She noted that offices, and possibly some retail, would be appropriate. George Sanders expressed concern about the buildability of the site referenced in 2014-00005, due to the existing critical areas. He commented on the character of the small conservation area at the corner of Byron and Ashley as being one of the greatest and last forest reserves. He pointed out that the power-line easement will increase the restrictions for development on this site. He spoke to the different housing forms he would like to see developed and expressed concern about the potential parking and safety issues that could be realized if what was developed was not appropriate for the single-family neighborhood. Final Copy - 2 Randy Sanders commented on the traffic that travels along Ashley. She noted that there is no sidewalk or curbing beyond the existing houses along the south end of that street. She expressed support for development that would minimally increase the traffic. Don Hale expressed his opposition to the Area 9 rezone due to the natural buffer. He also noted that Ashley St. is a mess. He spoke to the subject property and concluded that development has not occurred here to date, due to the odd shape. Craig Bessire expressed concern that the allowance of commercial entities would bring about commercial signage and such. He stated this would not appropriate on the residential side of the freeway (Area 9). COMMISSION QUESTIONS / DISCUSSION: Garrett O'Brien wanted to know why staff is recommending the Elks Lodge property be included in the rezone for the Area 9 proposal. Greg Aucutt explained that if it were not included, there would be one small piece of land with unique zoning. Phyllis McKee clarified that although a design is not being approved at this time, it is important to move the proposals forward for docketing so those discussions can occur in the future. Steve Crooks commended a citizen for the timely submission of his written comment. PUBLIC HEARING CLOSED MOTION: Garrett O'Brien / Phyllis McKee moved to recommend that the Bellingham City Council add ZON2014-00004 (Area 9) to the annual Comprehensive Plan Amendment Docket. SECONDED. Jeff Brown expressed his support for having the discussion on the docketed items in the future. VOTE: ALL AYES (Motion passes 6-0) MOTION: Jeff Brown / Steve Crooks moved to recommend that the Bellingham City Council add ZON2014-00005 (Area 1) to the annual Comprehensive Plan Amendment Docket. SECONDED. Steve Crooks stated that he was glad to hear the support for infill. Tom Grinstad spoke to the configuration and topography challenges of the site. He stated that perhaps the zoning change would allow for some development on the site. VOTE: ALL AYES (Motion passes 6-0) Final Copy - 3 PRESENTATION Greg Aucutt provided a brief overview of the Comprehensive Scope and Schedule. He reviewed the requirements that will need to be met, including the deadline, the planning period and the required chapters that must be included. GENERAL BUSINESS: Planning Director’s Report - Greg Aucutt Nothing to Report. Staff / Commissioner Discussion ADJOURNED: 9:05 p.m. NEXT MEETING: Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4