Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC HEARING 7:00 P.M. August 7, 2014 CITY COUNCIL CHAMBERS Video-taped 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, Cerise Noah, Garrett O'Brien, Ali Taysi, Phyllis McKee and Steve Crooks Present: Tom Grinstad, Jeff Brown, Garrett O’Brien, Ali Taysi, Phyllis McKee, Steve Crooks and Cerise Noah Staff Present: Greg Aucutt, Interim Planning Director; Kathy Bell, Planner II; Brent Baldwin, Public Works Development Manager; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES: The minutes from June 19 were submitted to the Commission for approval. Steve Crooks / Garrett O'Brien moved to approve the June 19, 2014 minutes as amended. VOTE: ALL AYES 15 MINUTE PUBLIC COMMENT PERIOD: No testimony given. PUBLIC HEARING: A site specific rezone of the eastern 10 acres of Area 1, Meridian Neighborhood to allow the City's Planned Industrial uses. A new zoning subarea, Area 1A, would be created in the Meridian Neighborhood. Prior to the start of the Public Hearing, the following questions were asked of the Commissioners: - Is there any member of the Commission that objects to another member's participation? NO - Is there any member of the Commission that has an interest in the property? NO - At this time, I will ask any member of the Commission to place on record the substance of any communication that has taken place outside of this hearing. None reported APPLICANT PRESENTATION Dave Segal, representing PMF Investments provided an overview of the rezone request being considered, which would allow for the City of Bellingham's Commercial, Planned Uses to be applied to 10 acres in the Meridian Neighborhood. He shared what uses were allowed in the surrounding areas (Areas 3 and 5 of the Meridian Neighborhood) and pointed out that the rezone would complement what already exists. He explained how the rezone request met each one of the required criteria. STAFF PRESENTATION Kathy Bell provided an overview of the staff report and explained that due to the fact that the applicants submitted both the rezone request and the land use applications together, staff was able to truly consider Final Copy - 1 what a development proposal could look like and therefore was able to identify and add certain needs to the zoning table. She stated that staff would support a recommendation of approval for the proposed rezone as conditioned by staff. Kathy Bell also addressed some of the Commissioners' concerns:  Spot Rezone - She explained the reason this rezone request does not qualify as a spot rezone is because the zoning is not being changed, it is currently zoned Planned, Industrial and will remain Planned, Industrial.  Attachment E still reflects the "Guide Meridian" Neighborhood - She stated that this attachment is straight from the Comprehensive Plan and this is what existed there in 2006. She stated that the attachment was to help show where the Urban Villages were identified to be located in the City. Kathy Bell referenced the map on page 18 of the Staff Report, and pointed out that Area 1 is the only area that does not allow a City permitted use, and this rezone would help to make this area more consistent with the surrounding areas. Garrett O'Brien asked for clarification about how zoning is assigned after an annexation occurs. Kathy Bell explained that there was an annexation agreement with the County that stated the City would annex property at a comparable zoning; thereby, allowing the property owners to become part of the City without losing any of the rights and privileges they had as part of the County. She stated that this would allow development to occur consistent with current uses of the property utilizing City processes. Phyllis McKee wanted to know the development timeline and asked what might be happening with the existing Costco structure. Kathy Bell emphasized that this rezone request is completely independent of Costco. She stated that even if Costco does not relocate to this area, PMF can proceed with their development if the rezone is approved. Jeff Brown commented that the comparison table that was sent to the Commissioners was titled Heavy Industrial Uses even though all of the uses listed were Light Industrial Uses. Kathy Bell stated that the title was an oversight, and the zoning actually prohibits the fabrication uses (Heavy Impact Industrial), all other uses are fairly consistent. She pointed out that the City's Planned Industrial Uses are compatible to the range of uses already allowed. Jeff Brown pointed out that he has heard about the erosion of the Light Industrial Land Use Inventory and wanted to know as Old Highway 99 develops will it be maintained as Industrial as originally desired. He wanted to know if that did occur how would all of the different uses, in this area, interface with each other. Kathy Bell replied that this area has been part of the standing meetings that staff holds to discuss areas that have development opportunities. She stated that it was decided to look at all of Area 1 at a different time, separate from this rezone request. Ali Taysi wanted to know why the reference to County's Light Industrial zoning remains in the zoning table. Kathy Bell stated that there are some additional uses that the County's Industrial zoning allows. Final Copy - 2 Brent Baldwin, Public Works Department discussed some of the transportation issues that are occurring in this area. He spoke to the I-5 overpass improvements and other phasing projects that have been adopted into the 6-year Transportation Improvement Program. He mentioned the arterial (Arctic Avenue) that Costco will be adding to the area as their development occurs; as well as Mahogany Avenue that is currently set to be constructed in the next year. He explained that all of the City's plans for improvement in the Northern neighborhoods, take into consideration how linkages can be made to improve the transportation circulation. He also spoke briefly to the traffic impact analysis process and what will take place as development occurs. Tom Grinstad wanted to know what the acceptable level of service is on Bakerview. Brent Baldwin stated that it would be Level Service E. He acknowledged that although this is not gridlock, it is heavy traffic and there is the possibility of waiting for a few traffic signal cycles before getting through. Steve Crooks referenced page 7 of the Staff report and wanted to know if the full length of Mahogany Avenue to Northwest would be constructed before Costco was built. Brent Baldwin stated that Mahogany Avenue is not scheduled until 2016, and due to the fact that Costco will more than likely start construction next summer, Mahogany Avenue will be extended after the development has occurred. He explained what PMF will be required to do since their proposal came in after Costco's proposal. Garrett O'Brien wanted to know how the rezone, which would allow for some additional uses, would intensify the impacts on traffic. Brent Baldwin spoke to the process of a traffic impact analysis and how the necessary infrastructure would handle the possible increase in traffic. Kathy Bell shared what other mitigation measures staff was able to identify with the Land Use application coming in at the same time as the rezone. Jeff Brown commented on the City's existing Level of Service standards and wanted to know, after Mahogany Avenue is developed, would the level of service still be E? Brent Baldwin explained the peaks and valleys that are taken into consideration when doing traffic analysis. He pointed out that although this area is slightly different from other areas of the City - it is not at Level E for the majority of the day. He noted that when the north-bound on-ramp is constructed, a very positive impact on traffic will be realized. Kathy Bell explained how the surrounding areas have some natural buffers with the different wetland sites that will help to transition to the residential zones. PUBLIC HEARING OPENED James Spitzer, PMF Investments stated that they are looking forward to being a community partner. He acknowledged the need for traffic improvements and stated they are looking for ways to make it a win / win for everyone. Mike Shunk, Real Estate Development Manager - Fred Meyer commented on the rezone and stated that the traffic analysis done to date, does not consider the type of uses that could be developed on the Final Copy - 3 10 acres in the future. He stated that, in their opinion, additional traffic analysis should be done and he encouraged the Commission to consider the additional trip generations that will be generated with the proposed development on this site. PUBLIC HEARING CLOSED COMMISSION QUESTIONS / DISCUSSION: Ali Taysi wanted to know if the Transportation Impact Analysis that was done for the project contemplate retail trip generation. Brent Baldwin stated that staff considered the proposal that PMF submitted, which is primarily retail. MOTION: Ali Taysi / Phyllis McKee moved to accept the Findings of Fact, Conclusions and Recommendations as written in the August 7, 2014 staff report and forward a recommendation of approval to the City Council. Ali Taysi stated that, in his opinion, the proposal met the criteria listed in BMC 20.19.030. He noted that the existing development regulations and traffic analysis requirements will help to ensure that future projects are not being approved, simply because the rezone was granted. Steve Crooks expressed his support for the rezone and noted that the biggest concern for the neighborhood will be the impacts of increased traffic. Jeff Brown stated that he would support the rezone and noted that it should have come as a package with Area 1, and Areas 20 and 21 of the Cordata Neighborhood as a legislative rezone request. He would like to have the area revisited in the near future to allow for some predictability for the neighborhood and surrounding community. VOTE: ALL AYES GENERAL BUSINESS: Planning Director’s Report - Greg Aucutt Nothing to Report. Staff / Commissioner Discussion There was a request to have Tara Sundin come and update Commission on the idea of opportunity zones. 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